diff --git "a/36_years1991-12.jsonl" "b/36_years1991-12.jsonl"
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+++ "b/36_years1991-12.jsonl"
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7779c3aa-1bae-424c-8925-5e8b794c2f3c", "title": "Commission Regulation (EEC) No 3779/91 of 20 December 1991 fixing the export refunds on baled tobacco from the 1991 harvest", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "packaged product,tobacco", "workIds": "celex:31991R3779,oj:JOL_1991_356_R_0054_051", "eurovoc_concepts": ["packaged product", "tobacco"], "url": "http://publications.europa.eu/resource/cellar/7779c3aa-1bae-424c-8925-5e8b794c2f3c", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f50b96fd-2db1-4763-ab3a-51de64019aaa", "title": "92/65/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture (1992 to 1996) submitted by Germany pursuant to Council Regulation (EEC) No 4028/86 (Only the German text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Germany,aquaculture,development plan,production policy,structural policy", "workIds": "celex:31992D0065,oj:JOL_1992_029_R_0017_040", "eurovoc_concepts": ["Germany", "aquaculture", "development plan", "production policy", "structural policy"], "url": "http://publications.europa.eu/resource/cellar/f50b96fd-2db1-4763-ab3a-51de64019aaa", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7fcfa2ad-955e-4d5e-bb93-3bf7bcec8e34", "title": "Commission Regulation ( EEC ) No 3791/91 of 20 December 1991 on the supply of various consignments of white sugar as food aid", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Mozambique,Peru,food aid,white sugar", "workIds": "celex:31991R3791,oj:JOL_1991_356_R_0073_063", "eurovoc_concepts": ["Mozambique", "Peru", "food aid", "white sugar"], "url": "http://publications.europa.eu/resource/cellar/7fcfa2ad-955e-4d5e-bb93-3bf7bcec8e34", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0b573c51-abba-434f-8304-9d7ed1852cb9", "title": "Proposal for a COUNCIL REGULATION ( EEC ) on a emergency measure to supply food products to the people of Estonia, Latvia and Lithuania", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Baltic States,award of contract,cereals,emergency aid,intervention stock,terms for aid", "workIds": "celex:51991PC0560(02),comnat:COM_1991_0560(02)_FIN", "eurovoc_concepts": ["Baltic States", "award of contract", "cereals", "emergency aid", "intervention stock", "terms for aid"], "url": "http://publications.europa.eu/resource/cellar/0b573c51-abba-434f-8304-9d7ed1852cb9", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 560 final \n\nBrussels, 20 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nH. %. 1 j \n\nll \n\non an emergency measure to supply food products \n\nto the people of Albania \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non an emergency measure to supply food products \n\nto the people of Estonia, Latvia and Lithuania \n\n(presented by the Commission) \n\niHgs'i::Sp \n\n$m \n\n\f-\u00a3-\n\nEXPLANATORY MEMORANDUM \n\nAt its meeting of 16 and 17 December 1991, the Council expressed appreciation for \nthe significant efforts made by certain Member States to assist the populations \nof Albania, Estonia, Latvia and Lithuania. However, It warned that the food \nsituation remains critical in those countries. The Council subsequently requested the Commission to submit proposals to ensure a \nsupply of food products to the peoples concerned. The Commission accordingly proposes to supply products from available \nintervention stocks. The Commission urges that the Regulations be adopted by the Council without delay \nin order that practical measures may be taken swiftly to ensure that the aid is \nchannelled to the countries concerned directly. This proposal represents only a preliminary measure. A second measure of the \nsame order of magnitude should be envisaged subsequently on the basis of \navailable budget resources and taking into account any additional measures \nconsidered necessary. Proposal for a \n\nCOUNCIL REGULATION (EEC) No \n\non an emergency measure to supply food products \nto the people of Albania \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EC) No 2727/75 of 29 October 1975 on the \ncommon organization of the market in cereals^1), and in particular Articles 7(5) \n\nand (8) thereof, \n\nHaving regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common \norganization of the market in milk and milk products^2), and in particular \n\nArticles 6(6) and 7(4) thereof, \n\nHaving regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common \norganization of the market in beef and veal*3*, and in particular Articles 6(5) \n\nand 7(2) thereof, \n\nHaving regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common \norganization of the market in fruit and vegetables^4*, and in particular Article \n\n35 thereof, \n\nHaving regard to the proposal from the Commission, \n\n(1) OJ No L 281, 1. 11. 1975, p. 1. (2) OJ No L 148, 28. 6. 1968, p. 13. (3) OJ No L 148, 29. 6. 1968, p. 24. (4) OJ No L 118, 20. 5. 1972, p. 1. -/,-\n\nWhereas the market for certain agricultural products may feature production \n\nsituations which make it possible to dispose of such products on special terms; \n\nWhereas provision should be made for the supply of food products to the people of \n\nAlbania in order to improve the very critical conditions of supply in that \n\ncountry; whereas the Community has intervention stocks of agricultural products; \n\nwhereas such products should be used to Implement the measure in question; \n\nwhereas, in the case of some of these products, the measures required could be \n\nadopted by the Commission Itself, pursuant to the Regulations in force; \n\nWhereas it is for the Commission to lay down the detailed rules for the \n\napplication of this measure, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle. 1 \n\nAn emergency measure is hereby adopted, under the conditions laid down below, for \n\nfree supply to the people of Albania of certain food products to be determined, \n\navailable as a result of intervention. Expenditure on this measure shall be \nlimited to ECU (budgetary) 35 million. Article. 2 \n\n1. The products may be supplied unprocessed or in processed form. 2. The measure may also relate to food products mobilized through a commercial \n\nexchange of products from intervention storage against goods belonging to the \n\nsame group of products. -\u00e7-\n\n3. The supply costs, Including transport and, where applicable, processing, \n\nshall be determined by invitation to tender or, on account of the urgency of \n\nthe situation, by direct-agreement procedure. 4. The costs shall be reimbursed to the operators concerned in respect of \n\nproducts for which proof is provided that they have reached the delivery \n\nstage laid down. 5. Products consigned pursuant to this Regulation shall not qualify for export \n\nrefunds and shall not be subject to the arrangements concerning monetary \n\ncompensatory amounts. Article 3 \n\nThe detailed rules for the application of this Regulation shall be adopted in \n\naccordance with the procedure laid down In Article 26 of Regulation (EEC) No \n\n2727/75 or, as the case may be, in the corresponding Articles in the other \n\nRegulations on the common organization of the markets In question. Article. 4 \n\nThe Commission shall be responsible for verifying the delivery operations and for \n\nthe application of the criteria adopted when the aid is distributed to the people \n\nconcerned. - \u2022-\n\nArticle s \n\nThis Regulation shall enter into force on the day of its publication In the \n\nOfficial Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all \n\nMember states. Done at Brussels,. \u2022\u2022 \n\n:\" \n\nFor the Council \n\nThe President \n\n\f\u2022\n\n-\n\n\u2022\n\n*-\n\ni / \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No \n\non an emergency measure to supply food products \nto the people of Estonia, Latvia and Lithuania \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EC) No 2727/75 of 29 October 1975 on the \n\ncommon organization of the market in cereals^), and in particular Articles 7(5) \n\nand (8) thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas the market for certain agricultural products may feature production \n\nsituations which make it possible to dispose of such products on special terms; \n\nWhereas provision should be made to supply cereal products to Estonia, Latvia and \n\nLithuania in order to improve the conditions of supply to the populations of \n\nthose countries and maintain their livestock herds; whereas the Community has \n\nintervention stocks of agricultural products; whereas such products should be \n\nused to implement the measure in question; \n\nWhereas it is for the Commission to lay down the detailed rules for the \n\napplication of this measure, \n\n(1) OJ No L 281, 1. 11. 1975, p. 1. HAS ADOPTED THIS REGULATION: \n\nArtlfflft 1, \n\nAn emergency measure is hereby adopted, under the conditions laid down below, for \n\nfree supply to the people of Estonia, Latvia and Lithuania of certain cereal \n\nproducts to be determined, available as a result of intervention. Expenditure on \n\nthis measure shall be limited to ECU (budgetary) 45 million. ArtKle Z \n\n1. The products may be supplied unprocessed or in processed form. 2. The measure may also relate to food products mobilized through a commercial \n\nexchange of products from intervention storage against goods belonging to the \n\nsame group of products. 3. The supply costs, including transport and, where applicable, processing, \n\nshall be determined by invitation to tender or, on account of the urgency of \n\nthe situation, by direct-agreement procedure. 4. The costs shall be reimbursed to the operators concerned in respect of \n\nproducts for which proof is provided that they have reached the delivery \nstage laid down. 5. Products consigned pursuant to this Regulation shall not qualify for export \n\nrefunds and shall not be subject to the arrangements concerning monetary \n\ncompensatory amounts. - *-\n\nArticle 3 \n\nThe detailed rules for the application of this Regulation shall be adopted in \n\naccordance with the procedure laid down in Article 26 of Regulation (EEC) No \n\n2727/75. Article 4 \n\nThe commission shall be responsible for verifying the delivery operations and for \n\nthe application of the criteria adopted when the aid Is distributed to the people \n\nconcerned. Article S \n\nThis Regulation shall enter into force on the day of its publication In the \n\nOfficial Journal of the European Communities. This Regulation shall be binding in Its entirety and directly applicable in all \nMember States. Done at Brussels, \n\nFor the Council \nThe President \n\n\f\fISSN 0254-1475 \n\nCOM(91) 560 final \n\nDOCUMENTS \n\nEN \n\nil 03 \n\nCatalogue number : CB-CO-91-619-EN-C \n\nISBN 92-77-79477-1 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/607fa6af-1b3a-4c14-9750-73a8b5fe244f", "title": "Commission Regulation (EEC) No 3812/91 of 20 December 1991 on the supply of various consignments of cereals as food aid", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Ethiopia,award of contract,common wheat,food aid", "workIds": "celex:31991R3812,oj:JOL_1991_357_R_0061_052", "eurovoc_concepts": ["Ethiopia", "award of contract", "common wheat", "food aid"], "url": "http://publications.europa.eu/resource/cellar/607fa6af-1b3a-4c14-9750-73a8b5fe244f", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/05663583-35aa-4f9d-9c52-b59950266241", "title": "Proposal for a COUNCIL REGULATION ( EEC ) on a emergency measure to supply food products to the people of Albania", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Albania,award of contract,emergency aid,foodstuff,intervention stock", "workIds": "celex:51991PC0560(01),comnat:COM_1991_0560(01)_FIN", "eurovoc_concepts": ["Albania", "award of contract", "emergency aid", "foodstuff", "intervention stock"], "url": "http://publications.europa.eu/resource/cellar/05663583-35aa-4f9d-9c52-b59950266241", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 560 final \n\nBrussels, 20 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nH. %. 1 j \n\nll \n\non an emergency measure to supply food products \n\nto the people of Albania \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non an emergency measure to supply food products \n\nto the people of Estonia, Latvia and Lithuania \n\n(presented by the Commission) \n\niHgs'i::Sp \n\n$m \n\n\f-\u00a3-\n\nEXPLANATORY MEMORANDUM \n\nAt its meeting of 16 and 17 December 1991, the Council expressed appreciation for \nthe significant efforts made by certain Member States to assist the populations \nof Albania, Estonia, Latvia and Lithuania. However, It warned that the food \nsituation remains critical in those countries. The Council subsequently requested the Commission to submit proposals to ensure a \nsupply of food products to the peoples concerned. The Commission accordingly proposes to supply products from available \nintervention stocks. The Commission urges that the Regulations be adopted by the Council without delay \nin order that practical measures may be taken swiftly to ensure that the aid is \nchannelled to the countries concerned directly. This proposal represents only a preliminary measure. A second measure of the \nsame order of magnitude should be envisaged subsequently on the basis of \navailable budget resources and taking into account any additional measures \nconsidered necessary. Proposal for a \n\nCOUNCIL REGULATION (EEC) No \n\non an emergency measure to supply food products \nto the people of Albania \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EC) No 2727/75 of 29 October 1975 on the \ncommon organization of the market in cereals^1), and in particular Articles 7(5) \n\nand (8) thereof, \n\nHaving regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common \norganization of the market in milk and milk products^2), and in particular \n\nArticles 6(6) and 7(4) thereof, \n\nHaving regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common \norganization of the market in beef and veal*3*, and in particular Articles 6(5) \n\nand 7(2) thereof, \n\nHaving regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common \norganization of the market in fruit and vegetables^4*, and in particular Article \n\n35 thereof, \n\nHaving regard to the proposal from the Commission, \n\n(1) OJ No L 281, 1. 11. 1975, p. 1. (2) OJ No L 148, 28. 6. 1968, p. 13. (3) OJ No L 148, 29. 6. 1968, p. 24. (4) OJ No L 118, 20. 5. 1972, p. 1. -/,-\n\nWhereas the market for certain agricultural products may feature production \n\nsituations which make it possible to dispose of such products on special terms; \n\nWhereas provision should be made for the supply of food products to the people of \n\nAlbania in order to improve the very critical conditions of supply in that \n\ncountry; whereas the Community has intervention stocks of agricultural products; \n\nwhereas such products should be used to Implement the measure in question; \n\nwhereas, in the case of some of these products, the measures required could be \n\nadopted by the Commission Itself, pursuant to the Regulations in force; \n\nWhereas it is for the Commission to lay down the detailed rules for the \n\napplication of this measure, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle. 1 \n\nAn emergency measure is hereby adopted, under the conditions laid down below, for \n\nfree supply to the people of Albania of certain food products to be determined, \n\navailable as a result of intervention. Expenditure on this measure shall be \nlimited to ECU (budgetary) 35 million. Article. 2 \n\n1. The products may be supplied unprocessed or in processed form. 2. The measure may also relate to food products mobilized through a commercial \n\nexchange of products from intervention storage against goods belonging to the \n\nsame group of products. -\u00e7-\n\n3. The supply costs, Including transport and, where applicable, processing, \n\nshall be determined by invitation to tender or, on account of the urgency of \n\nthe situation, by direct-agreement procedure. 4. The costs shall be reimbursed to the operators concerned in respect of \n\nproducts for which proof is provided that they have reached the delivery \n\nstage laid down. 5. Products consigned pursuant to this Regulation shall not qualify for export \n\nrefunds and shall not be subject to the arrangements concerning monetary \n\ncompensatory amounts. Article 3 \n\nThe detailed rules for the application of this Regulation shall be adopted in \n\naccordance with the procedure laid down In Article 26 of Regulation (EEC) No \n\n2727/75 or, as the case may be, in the corresponding Articles in the other \n\nRegulations on the common organization of the markets In question. Article. 4 \n\nThe Commission shall be responsible for verifying the delivery operations and for \n\nthe application of the criteria adopted when the aid is distributed to the people \n\nconcerned. - \u2022-\n\nArticle s \n\nThis Regulation shall enter into force on the day of its publication In the \n\nOfficial Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all \n\nMember states. Done at Brussels,. \u2022\u2022 \n\n:\" \n\nFor the Council \n\nThe President \n\n\f\u2022\n\n-\n\n\u2022\n\n*-\n\ni / \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No \n\non an emergency measure to supply food products \nto the people of Estonia, Latvia and Lithuania \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EC) No 2727/75 of 29 October 1975 on the \n\ncommon organization of the market in cereals^), and in particular Articles 7(5) \n\nand (8) thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas the market for certain agricultural products may feature production \n\nsituations which make it possible to dispose of such products on special terms; \n\nWhereas provision should be made to supply cereal products to Estonia, Latvia and \n\nLithuania in order to improve the conditions of supply to the populations of \n\nthose countries and maintain their livestock herds; whereas the Community has \n\nintervention stocks of agricultural products; whereas such products should be \n\nused to implement the measure in question; \n\nWhereas it is for the Commission to lay down the detailed rules for the \n\napplication of this measure, \n\n(1) OJ No L 281, 1. 11. 1975, p. 1. HAS ADOPTED THIS REGULATION: \n\nArtlfflft 1, \n\nAn emergency measure is hereby adopted, under the conditions laid down below, for \n\nfree supply to the people of Estonia, Latvia and Lithuania of certain cereal \n\nproducts to be determined, available as a result of intervention. Expenditure on \n\nthis measure shall be limited to ECU (budgetary) 45 million. ArtKle Z \n\n1. The products may be supplied unprocessed or in processed form. 2. The measure may also relate to food products mobilized through a commercial \n\nexchange of products from intervention storage against goods belonging to the \n\nsame group of products. 3. The supply costs, including transport and, where applicable, processing, \n\nshall be determined by invitation to tender or, on account of the urgency of \n\nthe situation, by direct-agreement procedure. 4. The costs shall be reimbursed to the operators concerned in respect of \n\nproducts for which proof is provided that they have reached the delivery \nstage laid down. 5. Products consigned pursuant to this Regulation shall not qualify for export \n\nrefunds and shall not be subject to the arrangements concerning monetary \n\ncompensatory amounts. - *-\n\nArticle 3 \n\nThe detailed rules for the application of this Regulation shall be adopted in \n\naccordance with the procedure laid down in Article 26 of Regulation (EEC) No \n\n2727/75. Article 4 \n\nThe commission shall be responsible for verifying the delivery operations and for \n\nthe application of the criteria adopted when the aid Is distributed to the people \n\nconcerned. Article S \n\nThis Regulation shall enter into force on the day of its publication In the \n\nOfficial Journal of the European Communities. This Regulation shall be binding in Its entirety and directly applicable in all \nMember States. Done at Brussels, \n\nFor the Council \nThe President \n\n\f\fISSN 0254-1475 \n\nCOM(91) 560 final \n\nDOCUMENTS \n\nEN \n\nil 03 \n\nCatalogue number : CB-CO-91-619-EN-C \n\nISBN 92-77-79477-1 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8f9becbd-873a-423d-84db-739016ce3c87", "title": "92/69/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture and the provision of protected marine areas (1992 to 1996) submitted by the United Kingdom pursuant to Council Regulation (EEC) No 4028/86 (Only the English text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "United Kingdom,aquaculture,coastal region,development plan,protected area,structural policy", "workIds": "celex:31992D0069,oj:JOL_1992_029_R_0031_044", "eurovoc_concepts": ["United Kingdom", "aquaculture", "coastal region", "development plan", "protected area", "structural policy"], "url": "http://publications.europa.eu/resource/cellar/8f9becbd-873a-423d-84db-739016ce3c87", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/76464b14-6ebb-43a8-8121-4e6935a16d98", "title": "Proposal for a COUNCIL REGULATION ( EEC ) extending the provisional anti-dumping duty on imports of cotton yarn originating in Brazil, Egypt and Turkey", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Brazil,Egypt,T\u00fcrkiye,dumping,textile fibre", "workIds": "celex:51991PC0559,comnat:COM_1991_0559_FIN", "eurovoc_concepts": ["Brazil", "Egypt", "T\u00fcrkiye", "dumping", "textile fibre"], "url": "http://publications.europa.eu/resource/cellar/76464b14-6ebb-43a8-8121-4e6935a16d98", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 559 final \n\nBrussels, ZG December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nextending the provisional antI-dumping duty \n\non imports of cotton yarn originating in Brazil, Egypt \n\nand Turkey. (presented by the Commission) \n\n\fEXPLANATORY MEMORANDUM \n\n(1) \n\nCommission Regulation (EEC) No 2818/91 imposed a provisional \n\nanti-dumping duty on imports of cotton yarn originating in \n\nBrazil, Egypt and Turkey. (2) \n\nExamination of the facts has not yet been completed. (3) \n\nThe Commission has informed the exporters known to be \n\nconcerned of its intention to extend the validity of the \n\nprovisional duty for an additional period of two months. The \n\nexporters have raised no objection. (4) \n\nAccordingly, pursuant to Article 11 (5) of Council Regulation \n\n(EEC) No 2423/88, the Commission is putting before the \n\nCouncil a draft Regulation extending the validity of the \n\nprovisional anti-dumping duty on imports of cotton yarn \n\noriginating in Brazil, Egypt and Turkey for an additional \n\nperiod of two months. Proposal for a \n\nCOUNCIL REGULATION (EEC) No \n\nof \n\nextending the provisional anti-dumping duty \n\non imports of cotton yarn originating In Brazil, Egypt \n\nanil Turkey. THE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \n\nCommunity, \n\nHaving regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on \n\nprotection against dumped or subsidized imports from countries not \n\nmembers of the European Economic Community<1), and in particular \n\nArticle 11 thereof, \n\nHaving regard to the Commission proposal, \n\nWhereas Commission Regulation \n\n(EEC) No 2818/91<2> \n\nimposed a \n\nprovisional anti-dumping duty on imports of cotton yarn originating in \n\nBrazil, Egypt and Turkey. Whereas examination of the facts has not yet been completed and the \n\nCommission has informed the exporters known to be concerned of its \n\nintention to propose an extension of the validity of the provisional \n\nduty for an additional period of two months; \n\nWhereas the exporters have raised no objections, \n\nHAS ADOPTED THIS REGULATION : \n\n(1) O. J. No L 209, 2. 8. 1988, p. 1 \n\n(2) O. J. No L 271 from 27. 9. 1991. 3 \n\n\fArticle 1 \n\nThe validity of the provisional anti-dumping duty on imports of cotton \n\nyarn originating in Brazil, Egypt and Turkey imposed by Regulation \n\n(EEC) No 2818/91 is hereby extended for a period of two months. It \n\nshall cease to apply if, before the expiry of that period, the Council \n\nadopts definitive measures or the proceeding is terminated under \n\nArticle 9 of Regulation (EEC) No 2423/88. Article 2 \n\nThis Regulation shall enter into force on the day following its \n\npublication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly \n\napplicable in all Member States. Done at Brussels, \n\nFor the Council \n\n\fISSN 0254-1475 \n\nCOM(91) 559 final \n\nDOCUMENTS \n\nEN \n\nu 02 \n\nCatalogue number : CB-CO-91-618-EN-C \n\nISBN 92-77-79468-2 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f89f1548-f044-48f4-922a-6850d35076fe", "title": "92/73/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture and the provision of protected marine areas (1992 to 1996) submitted by Portugal pursuant to Council Regulation (EEC) No 4028/86 (Only the Portuguese text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Portugal,aquaculture,development plan,fishing industry", "workIds": "celex:31992D0073,oj:JOL_1992_029_R_0046_048", "eurovoc_concepts": ["Portugal", "aquaculture", "development plan", "fishing industry"], "url": "http://publications.europa.eu/resource/cellar/f89f1548-f044-48f4-922a-6850d35076fe", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/cafa1f0f-9ec6-41d3-a24c-be841c74adcc", "title": "92/68/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture (1992 to 1996) submitted by Ireland pursuant to Council Regulation (EEC) No 4028/86 (Only the English text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Ireland,aquaculture,development plan,fish farming,production policy,structural policy", "workIds": "celex:31992D0068,oj:JOL_1992_029_R_0027_043", "eurovoc_concepts": ["Ireland", "aquaculture", "development plan", "fish farming", "production policy", "structural policy"], "url": "http://publications.europa.eu/resource/cellar/cafa1f0f-9ec6-41d3-a24c-be841c74adcc", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d1a992d3-5586-44e9-a77f-4b22e0d8eb57", "title": "92/70/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture and the provision of protected marine areas (1992 to 1996) submitted by France pursuant to Council Regulation (EEC) No 4028/86 (Only the French text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "France,aquaculture,coastal region,development plan,protected area,structural policy", "workIds": "celex:31992D0070,oj:JOL_1992_029_R_0035_045", "eurovoc_concepts": ["France", "aquaculture", "coastal region", "development plan", "protected area", "structural policy"], "url": "http://publications.europa.eu/resource/cellar/d1a992d3-5586-44e9-a77f-4b22e0d8eb57", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c29fffd7-f913-4331-bde6-eb8af4bb55cd", "title": "The Community budget : the facts in figures : third edition, situation 1990.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_rgbd", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Directorate-General for Budget", "date": "1991-12-20", "subjects": "Community budget,budget policy,budgetary expenditure,financing of the EU budget", "workIds": "genpub:PUB_CB6090393", "eurovoc_concepts": ["Community budget", "budget policy", "budgetary expenditure", "financing of the EU budget"], "url": "http://publications.europa.eu/resource/cellar/c29fffd7-f913-4331-bde6-eb8af4bb55cd", "lang": "eng", "formats": ["pdfa1b", "print_rgbd"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/127c0c18-1228-46a5-b942-33df28fa5c0a", "title": "Commission Regulation (EEC) No 3814/91 of 20 December 1991 amending Regulation (EEC) No 2943/91 laying down detailed rules applicable to the free supply of bread- making common wheat to Albania as provided for in Council Regulation (EEC) No 2938/91", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Albania,award of contract,common wheat,emergency aid,intervention stock", "workIds": "celex:31991R3814,oj:JOL_1991_357_R_0069_054", "eurovoc_concepts": ["Albania", "award of contract", "common wheat", "emergency aid", "intervention stock"], "url": "http://publications.europa.eu/resource/cellar/127c0c18-1228-46a5-b942-33df28fa5c0a", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b6f437d9-863b-4986-b802-ab5da2a83fd7", "title": "92/64/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture (1992 to 1996) submitted by Denmark pursuant to Council Regulation (EEC) No 4028/86 (Only the Danish text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Denmark,aquaculture,development plan,fish farming,production policy,structural policy", "workIds": "celex:31992D0064,oj:JOL_1992_029_R_0014_039", "eurovoc_concepts": ["Denmark", "aquaculture", "development plan", "fish farming", "production policy", "structural policy"], "url": "http://publications.europa.eu/resource/cellar/b6f437d9-863b-4986-b802-ab5da2a83fd7", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6434aefe-d1a2-11e6-ad7c-01aa75ed71a1", "title": "Occupations in the hotel tourist sector within the European Community : a comparative analysis.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Cedefop", "date": "1991-12-20", "subjects": "EU Member State,hotel industry,hotel profession,vocational training", "workIds": "PUB_HX6090490", "eurovoc_concepts": ["EU Member State", "hotel industry", "hotel profession", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/6434aefe-d1a2-11e6-ad7c-01aa75ed71a1", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/63ed53ef-c9b7-4b4f-9577-30f9d97025f7", "title": "92/63/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture (1992 to 1996) submitted by Belgium pursuant to Council Regulation (EEC) No 4028/86 (Only the French and Dutch texts are authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Belgium,aquaculture,development plan,production improvement,production policy,structural policy", "workIds": "celex:31992D0063,oj:JOL_1992_029_R_0011_038", "eurovoc_concepts": ["Belgium", "aquaculture", "development plan", "production improvement", "production policy", "structural policy"], "url": "http://publications.europa.eu/resource/cellar/63ed53ef-c9b7-4b4f-9577-30f9d97025f7", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f894b705-dfe7-48b7-b590-69eb7c1b6f4f", "title": "92/72/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture (1992 to 1996) submitted by the Netherlands pursuant to Council Regulation (EEC) No 4028/86 (Only the Dutch text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Netherlands,aquaculture,coastal region,development plan,protected area,structural policy", "workIds": "celex:31992D0072,oj:JOL_1992_029_R_0043_047", "eurovoc_concepts": ["Netherlands", "aquaculture", "coastal region", "development plan", "protected area", "structural policy"], "url": "http://publications.europa.eu/resource/cellar/f894b705-dfe7-48b7-b590-69eb7c1b6f4f", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ba597bf5-f534-4c35-bd43-61dd1b76f7dd", "title": "Amended proposal for a COUNCIL DIRECTIVE concerning minimum requirements for improving the safety and health protection of workers in the extractive industries", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "humanisation of work,mining extraction,mining of ore,occupational safety,safety standard,workplace", "workIds": "celex:51991PC0493,comnat:COM_1991_0493_FIN,oj:JOC_1992_046_R_0050_01", "eurovoc_concepts": ["humanisation of work", "mining extraction", "mining of ore", "occupational safety", "safety standard", "workplace"], "url": "http://publications.europa.eu/resource/cellar/ba597bf5-f534-4c35-bd43-61dd1b76f7dd", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 493 final - SYN 321 \n\nBrussels,20 December 1991 \n\nAmended proposal for a \n\nCOUNCIL DIRECTIVE \n\nconcerning minimum requirements for improving the safety \n\nand health protection of workers in the extractive industries \n\n(presented by the Commission pursuant to Article 149(3) \n\nof the EEC Treaty) \n\np,;::! \n\np i! \n\nglggSj; \n\nss? f \n\nHujiiitairfi \n\n\fEXPLANATORY MEMORANDUM \n\nBased on the Opinion adopted by the European Parliament in the \nfirst reading on 9 October 1991, the Commission submits to \nCouncil pursuant to Article 149, paragraph 3, of the EEC \nTreaty an amended proposal for a directive. There are two different types of proposed amendments : \n\nThe first type comprising the majority of the \namendments, is to incorporate findings of Lord Cullen's \nReport (report on the Public Inquiry into the Piper \nAlpha Disaster) into the proposal. The proposal had \nbeen completed before the publication of the said \nReport. The second type is of a more general kind trying to \nstrengthen the improvement of health and safety of \nworkers in the extractive industries. The layout and the aims of the amended proposal have not been \nchanged. In global, the amendments tend towards improving the \ninitial proposal by adding and defining some more precise \ndetails. - 1 -\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\nfl\u00abHUNfflt\u00eb!L \u00b0F \u2122E \n\nE U R\u00b0P E AN \n\nHaving, regard \nTreaty \nestablishing the European Economic \nCommunity and in particular Article \n118a thereof, \n\nthe \n\nto \n\nHaving regard to the proposal from \nthe Commission(l), \n\nHaving regard to the proposal from \nthe Commission, which has consul ted \nthe Safety and Health Commission \nfor the mining and Other Extractive \nIndustries (1) \n\nIn \nPar \n\ncooperation \nnament(2), \n\non with the European \n\nHaving. regard to the opinion of t \nEconomic and Social Committee(3), \n\nthe \n\nTreaty \n\nWhereas Article 118a of the \nprovides that the Council sha \nmeans of Directives, \nagopt, by \nfor \nrequirements \nminimum \nimprovements, \nencouraging \nespecially \nworking \nenvironment, to ensure a better \nlevel of protection of the safety \nand health of workers; \n\nthe \n\nin \n\nimposing \n\nWhereas, under the terms of that \nArticle, those directives are to \nadministrative, \navoid \nfinancial and Tegal constraints in \na way which would hold back the \ncreation and development of small \nand medium-sized undertakings; \n\nWhereas the improvement of workers' \nsafety, hygiene and health at work \nis an objective which should not t?e \nsubordinated to \npurely economic \nconsiderations; \n\nCouncil \n\nDirective \nWhereas \n89/654/\u00c9EC of \n30 November 1989 \nconcerning the minimum safety and \nthe \nhealth \nworkplace(4) does not cover the \nextractive industries; \n\nrequirements \n\nfor \n\nWhereas the \nare higher \nactivities; \n\nextractive industries \nrisk \naverage \n\nthan \n\n-Page l ^ V* \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nWhereas the oil and gas sector of \nthese industries is deemed to be of \nparticular \nfor \nin the \nintroducing improvements \nprotection of the safety and health \nof workers; \n\nimportance \n\non \n\nthe \n\nDirective \n\nintroduction \n\nWhereas this \nis an \nindiyidual Directive \nwithin the \nmeaning of Article 16(1) of Council \n\\2 June \nDirective 89/391/\u00c7EC of \n1989 \nof \nmeasures to encourage improvements \nin the safety and health of workers \nat work(5); whereas, therefore, the \nprovisions of the said Directive \nare fully applicable to the domain \nindustries \nof \nextractive \nmore \nwithout \nto \nspecific \nrestrictive \nthis \n\nand/or \ncontained \n\nprejudice \n\nthe \n\nin \n\nBrovisions \n\nirective; \n\nWhereas this Di \na \npractical \nrealization of t \nof the internal \nof the extract \ndefined \n74/326/EEC of 2 \nextension of th \nof the Mines \nCommission \nto \nextracting indus \n\nby \n\naspect \n\nrective con \no \nhe social d \nmarket, in \nive ipdust \nCouncil \n7 June 1974 \ne responsi \nSafety and \nall \n\nstitutes \nf \nthe \nimension \nrespect \nrie\u00a7 as \nDecision \non the \nbilities \nHealth \n\nmineral-\n\ntries(6); \n\nit \n\nis \n\nconsidered \nWhereas \nappropriate that \nof \nactivities comprised in the present \nDirective be identical with the \nscope of activities concerned by \nDecision 74/326/EEC. the scope \n\nto \n\nnot \n\nare \n\nsurface \n\naccording \n\nDecision \nWhereas \n74/32\u00c7/\u00c7EC the \nback-up \nfaciTities of mines and quarries \nto \nessential \nwhich \nthe \nin \nprospecting, \nword \nor \nstrict sense \nextracted \npreparation \n_ _ _ _ \nsale are not to be \nmaterials for \nconsidered extractive industries, \nand are therefore within the scope \nor the Directive 89/654/EEC, \n\nextraction \nof the \nthe \n\nof \n\nHAS ADOPTED THIS DIRECTIVE : \n\nSECTION I \n\n-Page 2-\n\n\fAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \n\" \nOF 9 \n\n)BER\"1991 \n\nOCTOr \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion \nthe text \n\nis \nis \n\nORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nGeneral Provisions \n\nArticle 1 \n\nSubject \n\n1. This Directive, \n\nwhich is an \nindividual Directive within the \nmeaning of \nArticle 16(1) of \nDirective 89/391/EEC, lays down \nminimum requirements \nfor the \nsafety and health protection of \nworkers \nextractive \nindustries as defined in Article \n2. the \n\nin \n\n2. The provisions \n\nof \n\nDirectiye \n89/391/EEC are fully applicable \nto the domain referred to in \nparagraph 1, without prejudice \nto \nand/or \nspecific provisions contained in \nthis Directive. restrictive \n\nmore \n\nArticle 2 \n\nDefinitions. For \n\nthe \n\nDirective : \n\npurpose \n\nof \n\nthis \n\n\"Extractive industries\" shall be \ntaken to mean the activities of \nprospecting and of extraction in \nthe strict sense of the word as \nwell as \nof \nextracted material\u00e7 for sale but \nsuch \nnot the \nextracted materials. processing of \n\npreparation \n\nof \n\nimmediate \n\n\"workplace\" means the whole area \nintended to hou\u00e7e workstations \nin which work is carried out \nand \nincluding the \nancillary \nand \nthe extractive \nfacilities of \nsanitary \nindustries including \nand \nequipment. accommodation where provided to \nwhich workers have access in the \ncourse of their work. activities \n\nrooms \n\nrest \n\nSection II \n\n-Page 3-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nObligations of the employer \n\nArticle 3 \n\nGeneral obligations \n\n1. To safeguard \n\nthe safety and \nhealth of workers, the employer \nshall \nnecessary \nmeasures to ensure that: \n\ntake \n\nthe \n\n- workplaces \n\nare \n\ndesigned, \nequipped, \nconstructed. commissioned, \nand \nmaintained in such a way that \nworkers can perform the work \nassigned to them without danger \nto themselves and/or others, \n\noperated \n\nresponsible \npresent during \npresent du\u00bb. \u201e \nmanned workplaces, \n\nsupervision \n\noperation \n\nis \nof \n\nwork involving a special risk is \nentrusted \nsgitably \nqualified stafr and carried out \nin \nthe \ninstructions given, \n\naccordance \n\nonly \n\nwith \n\nto \n\nall safety \nare \ncomprehensible to the workers \nconcerned, \n\ninstructions \n\nappropriate first-aid facilities \nare provided, \n\nany relevant safety \nare \nat \nperformed \nintervals. exercises \nregular \n\n2. Prior to the commencement of \nwork, and when changes are made \nand/or \nduring. prospection \nextraction of \nthe \nemployer shall forward to the \nresponsible authorities: \n\nminerals, \n\nthe name of the person or \ncorporate body who assumes \nresponsibility \nthe \nhealth and safety of all \npersonnel, \noperations and \nwhether direct employees or \n\nfor \n\nPage 4-\n\n\fPB\u00c0GJNAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\nemployees of contractors at \nan installation or a site \nfor the prospection and/or \nextraction of minerals. a document where the risks \nat an installation or a site \nfor the prospection and/or \nextraction of minerals are \nassessed from the concept \napt} design \nan \nobjective manner in order to \nachieve the goals set down \nin this Directive and in its \nannexe\u00e7 a nd to follow the \nlaid \nin \nArticle 9 \n(^ o f' \nDirective \n\nProvisions \n\nstage in \n\nrticle 6 \nand Article \n89/391/EEC. down \n\n3. The \n\nshall \n\nreport \nemployer \nforthwith to \nthe responsible \nauthorities fatal and serious \nand \noccupational \ndangerous occurrences and give \nan account of the measures taken \nto prevent any repetition. accidents \n\n2. The \n\nreport \nemployer \nforthwith to \nthe responsible \nauthorities fatal and serious \nand \noccupational \ndangerous occurrences. accidents \n\nshall \n\nArticle 4 \n\nProtection against fire, explosions \nand health endangering atmospheres \n\nto \n\nThe employer shall take measures \nappropriate to the nature of the \noperation \nagainst, \ndetect and combat the starting and \npropagation of fires and explosions \nas well \noccurrence of \nexplosive and/or health-endangering \natmospheres. as the \n\nprotect \n\nArticle 5 \n\nEscape and rescue facilities \n\nthat \n\nensure \n\nworkers \n\nTo \nhave \nadequate opportunities for leaving \nall workplaces promptly and safely \nin the event of danger the employer \nmaintain \nshall \nappropriate means for escape and \nrescue. provide \n\nand \n\nArticle 6 \n\nCommunication, warning and alarm \n\n-Page 5 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\nsystems \n\nThe employer shall take measures to \nprovide tne necessary warning and \nother communication \nto \nenable aid, escape, evacuation and \nrescue immediately, \nin case of \nneed. systems \n\nArticle 7 \n\nProvision of sanitary equipment and \nrest rooms \n\nThe employer \nmaintain \nequipment and rest rooms, and \nappropriate, accommodation. appropriate \n\nshall provide and \n\nsanitar \nft \n\nArticle 8 \n\nInformation of workers \n\n89/391/EEC. Without prejudice to Article 10 of \nDirective \nworkers \nand/or their representatives shall \nbe informed of all measures to be \ntaken concerning safety and health \nat the workplaces in particular of \nthose \nthe \nimplementation of Articles 3 to 7. relating \n\nto \n\nArticle 8a \n\nHealth Surveillance \n\nHealth surveillance of workers \nas defined in Article 14 of \nmust be \nDirective 89/391/EEC \ncarried \nthe \nto \nprior \nassigning of workers to duties \nactivities \nrelated/ to \nreferred to in article 2 and at \nregular intervals thereafter. the \n\nout \n\nThese health checks may in no \ncircumstances involve tne worker \nin financial cost as laid down \nin Articles \nof \n6 \nDirective 89/391 EEC \n\nand \n\n14 \n\nArticle 9 \n\n-Page 6 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL^ PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n- - \u00d4 C \"\" \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion \nthe text \n\nis \nis \n\nConsultation \nworkers' participation \n\nof \n\nworkers \n\nand \n\nand/or \n\nConsultation and participation of \nworkers \ntheir \nrepresentatives shall take place in \naccordance with \nof \nDirective 89/391/EEC on the matters \ncovered by this Directive. Article 11 \n\nof \n\nSECTION III \n\nRequirements for \nthe \nsafety and health protection of \nworkers \n\nimproving \n\nArticle 10 \n\nExploration for and exploitation of \nminerals by means of boreholes \n\n1. Workplaces concerned \n\nminerals \n\nthe \nexploration for and exploitation \nof \nof \nboreholes used for the first \ntime after 31 Qecember 1992 must \nsatisfy the minimum safety and \nhealth requirement laid down in \nthe Annex. means \n\nby \n\nWorkplaces already in use before \n31 December 1992 must satisfy \nthe minimum safety and health \nrequirements laid down in the \nAnnex as soon as possible and at \nthe latest five years after that \ndate. 3. workplaces \n\nWhen \nundergo \nmodifications, extensions and/or \nconversions after 31 December \n1992, the employer shall take \nthe measures necessary to ensure \nmodifications, \nthat \nconversions \nextensions and/or \nthe \nare in \nminimum \ncorresponding \nrequirements laid down in the \nAnnex. compliance with \n\nthose \n\nArticle 11 \n\nIn accordance with the procedure \nlaid down in Article 118a of the \n\n-Page 7-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nand \n\nshall \n\na d? ?S \nhea \n\nthe Council \nsafety \n\nTreaty, \nminimum \nrequirements corresponding to those \nestablished in Article 10 of this \nDirective for. the exploration for \nand exploitation of minerals by \nmeans of boreholes in relation to \nthe \nand \nexploitation of minerals in mines \nand quarries. exploration \n\nfor \n\nSECTION IV \n\nOther provisions \n\nArticle 12 \n\nAmendments to the Annex \n\nAmendments to the Annex as a result \nof: \n\nthe adoption \ntechnical \nstandardization and/or \n\nharmonization \n\nof \n\nDirectives, \nand \n\ntechnical progress, changes in \nor \ninternational \nspecifications, \nnew \nfindings, \n\nregulations \nand \n\nshall be adopted in accordance \nwith the procedure laid down in \nof \nArticle 17 \nDirective \n1CH \n89/391/EEC \n\nArticle 13 \n\nFinal provisions \n\n1. Member States shall bring into \nforce the laws, regulations and \nadministrative \nprovisions \nnecessary to comply with this \nDirective by 31 December 1992 \nand shall forthwith inform the \nCommission thereof. When Member States \nthe\u00e7e \nprovisions, these \nshall contain \na reference to this Directive or \nshall be accompanied by such \nreference at the time of their \n\nadopt \n\nshall be adopted in accordance with \nthe procedure laid down in article \n17 of Directive 89/391/EEC. On such occasions the Commission \nshall consult the Safety and Health \nCommission for the Mining and other \nExtractive Industries. -Page 8-\n\n\f\u00ebSHoN PR0P0SAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\nofficial \nproc\u00e9dure \nshall be \nStates. ^publication. \u201e The \nsuch reference \nfor \nadopted by Member \n\n2. The \n\nStates. Member \n\nshall \ncommunicate to the Commission \nthetexts of the. provisions of \nnational law which they have \nflready adopted or adopt in the \nfield \nthis \nDirective. governed \n\nby \n\n3. Member States shall report to \nthe Commission every five years \non the practical implementation \nof the provisions of this \nDirective, indicating the points \nof \nview of employers and \nworkers. The Commission shall inform the \nEuropean \nthe \nCouncil, the Economic and Social \nCommittee ana the Safety and \nHealth Commission for the Mining \nand Other Extractive Industries. Parliament, \n\nArticle 14 \n\nThis Directive \nMember States. is addressed to the \n\nA N N EX \n\nMinimum requirements for \nthe \nsafety \nprotection of \nextractive \nwith the exploration for \nexploitation of minerals \nof boreholes \n\nand \nworkers \n\nindustries \n\nimproving \nhealth \nin the \nconcerned \nand the \nby means \n\nA: Common requirements applicable \nto the onshore and offshore \nsectors \n\n1. Preliminary note \n\n1. Preliminary note \n\nAnnex \n\nThe obligations laid down in \nwhenever \nthis \nrequired by the featgres of the \nworkplace, the activity, the \ncircumstances or the hazard. apply \n\nAnnex \n\nHit: obligations \n\na \nrequired by the \nworkplace, the \ncircumstances or \n\nlaid down in \nwhenever \npply \nfeatures of the \nactivity, the \nthe hazard or \n\n-Page 9-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nby the ri\u00e7k assessment mentioned \nunder Article 3 paragraph 2. la. Risk Assessment \n\nWithout prejudice \n(2). 9 \nand 10 \n89/J91/EEC the \napply \n\nto Articles 6 \n\u201e of Directive \nfollowing shall \n\nThe risk assessment as mentioned \nunder Article 3, paragraph 2 \nthe \nmust \nthat \nresponsible \ncertain objectives \nhave been \nmet, including: \n\ndemonstrate \n\nauthority \n\nto \n\nworkplace \n\nthat the safety management \nor \nat \nthe \ninstallation or \nis \nadequate to ensure that the \nand \nde\u00e7ign, \nmaintenance \nthe \nworkplace,, installation or \nsite and its equipment are \nsaTe \u00ab \n\noperation \nof \n\nsite \n\nthat the \nhazards of the \nworkplace or installation or \nsite and \nto \nthe \npersonnel \nbeen \nidentified and appropriate \ncontrols provided. risks \n\nhave \n\n2. Stability and solidity \n\nWorkplaces must \nbe designed, \nconstructed, erected, operated, \nsupervised and \nmaintained to \nthe , environmental \nwithstand \nforces anticipated and have a \nstructure \nsolidity \nand \nappropriate to the nature of \ntheir use. 3. Organisation and Supervision \n\n3. 1 \n\nOrganisation \nworkplace \n\nof \n\nthe \n\n3. 1. 1. Workplaces must be organized \nso as to provide adequate \nprotection against hazards. They must be kept clean, \nhazardous \nwith \n\nany \n\n-Page 10 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nsubstances \nor \ndeposits \ncontrolled in \nremoved or \nsuch a way that they do not \npose any j threat to \nthe \nhealth and safety of the \nworkforce. AMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 \n\n)BER 1991 \n\nOCTOf \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\n3. 1. 2. Workstations \n\nmust \n\nbe \neconomically designed and \nconstructed \ninto \naccount the need for workers \nto be. aware of relevant \noperations \ntheir \nWorkstations. taking \n\nat \n\n3. 1. 3. Areas within which there is \na particular hazard must be \ndelineated and warning signs \nplaced. 3. 2. Person in charge \n\n__ _. Every \nworkplace \nwhich is \nmanned \nmust at all times be \nunder,the charge of a \nperson \nwho has \nand \ncompetence suitable for the \nappointment, and \nis \nauthorized by the employer. the skilTs. who \n\n3. 3. Competent Persons \n\nmust. At every workplace which is \nmanned \nbe \nthere \nprovided a sufficient number \nof competent persons havi \ntfii \nand \nthe \nexperience \nnecessary \nto \nperform the \ntasks to which \nthey are assigned. abilities \n\nmust \n\nthere \n\nAt every workplace which is \nstaffed \nbe \nprovided a sufficient number \nof competent persons having \nabilities, \nthe \ntraining \nexperience \nrecognised \nthe \nresponsible authorities to \nperform the tasks to which \nthey are assigned. necessary \n\nand \n\nby \n\n3. 4. Supervision \n\nTo ensure workers' safety \nand health protection during \nall operations undertaken, \nsupervision \nthe necessary \nprovided. must \nSupervision may \nbe \nonly \nexercised by responsible and \nproperly \npersons \ntrained \nappointed by and on behalf \nof the employer. be \n\nbe \n\nTo ensure workers' safety \nand health protection during \nall operations undertaken, \nsupervision \nthe necessary \nprovided. must \nSupervision may \nbe \nonly \nexercised \nresponsible \nby \npersons, properly trained to \nstandards recognised by the \nresponsible authorities and \nappointed by and on behalf \nor the employer. Page 11 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\nand \n\nsafety. language \n\nWorkers must be given the \ninformation, \nnecessary \nand \ninstruction, training \nretraining to ensure their \nhealth \nThe \nemployer must ensure that \nworkers are instructed in \nthe \nin \nemergencies to ensure that \nhazard \nthey , do \nthemselves \nothers. Written instructions must be \nmade \nsuch \nlanguages as are necessary \nto ensure that they can be \nunderstood by \nthose \nemployed at a worksite or \ninstallation. available \n\nused \n\nnot \n\nall \n\nin \n\nor \n\n3. 5. Information, instruction and \ntraining \n\nWorkers must be given the \ninformation, \nnecessary \nand \ninstruction \nretraining to ensure their \nhealth ana safety. training \n\n3. 6. Written Instructions \n\nto \n\nensure \n\nWritten \ninstructions \nspecifyi \nying practices to be \nthe \n__\u201e_ ed \nobserved \nsafety of workers and the \nsafe use of equipment must \nevery \nbe \nworkplace. must \ninclude information on the \nuse of emergency equipment \nand the action to be taken \nin the event of an emergency \non or near the workplace. provided \n\nThese \n\nfor \n\n3. 7 \n\nSafe Systems of Work and \nWork Permits \n\nat \n\nwhere \n\nSafe systems of work shall \nevery \nbe implemented \nworkplace. These \u201e shall \ninclude a system of work \npermits \nhazardous \nactivities are undertaken, \nysually \nor \nwhere \nactivities \nstraightforward \nother \nmay interact \nproduce \nactivities \nserious \n\u00c7uch \npermits must be authorized \nby a \nperson \nresponsible \nprior to the commencement of \nwork, \nmust \nspecify the conditions to be \nthe \nfulfilled \nprecautions to \ntaken \nbefore, during the work and \n\nto \nhazards. permit \n\nandL \n\nwith \n\nThe \n\nbe \n\n-Page 12-\n\n\f PR0P0SAL \n\n88AMON\n(OJ C 32 of 07. 02. 1991) \n\nFR0H \n\nafter its completion. THE \n\nAMENDED PR0PQSALri PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\n3. 8. The employer must. organise \nregular audits of his safety \nmanagement system to ensure \nthat the requirements of \nthis directive are adhered \nto. 4. Mechanical and \nEquipment and Plant \n\nElectrical \n\n4. 1 \n\nGeneral \n\nprejudice \n\nWithout \nto \nB l o t t er 89/392/EE\u00c7 and \n89/655/EEC mechanical, and \nequipment and \nelectrical \nplant must be \ndesigned, \ninstalled, \nconstructed. commissioned, operated and \nmaintained so as to ensure \nsafe operation. If located \nin an \narea within which \ndanger of fire or explosion \nfrom ignition of gas, vapour \nor volatile liquid exists or \nis likely to exist, it must \nbe suitable for use in that \narea. Equipment must, where \nappropriate, be fitted with \nsuitable protective devices \nand fail-safe systems. 4. 2 \n\nMechanical \nPlant \n\nEquipment and \n\nmaterial, \n\nAll equipment and plant must \nbe of good construction, \nadequate \nsound \nstrength and free \nfrom \npatent defect and suitable \nfor the purpose for which it \nis used. 4. 3 \n\nElectrical \ninstallations \n\nequipment and \n\nmust \n\nAll electrical equipment and \ninstallations \nbe \nsufficient in size and power \nfor the work for which it is \nto be used ano\" so designed, \nconstructed, installed and \nprevent \nas to \nprotected \ndanger. Page 13-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\n5. Maintenance \n\n5. 1. General maintenance \n\nThere shall be in force a \nproviding \nsuitable scheme \nfor \nsystematic \nthe \nexamination, \nmaintenance, \nand \nwhere \nappropriate, \ntesting of \nmechanical and \nelectrical \nand \nequipment \nplant. All maintenance, examination \nand testing of any part of \nthe plant and equipment must \nbe \na \ncompetent person. Records of \nexaminations and tests must \nbe made \nand kept in an \nappropriate manner. carried \n\nout \n\nby \n\n5. 2. Safety Equipment Maintenance \n\nmust be \nSafety equipment \nmaintained ready for use and \nin good order at all times. Maintenance \nbe \nundertaken with due regard \nto operations, \nto ensure \nthat adequate protection is \nprovided. must \n\n6. Lifting \nOperations \nPrecautions \n\nEquipment, \n- \n\nCrane \nSafety \n\nEvery lifting appliance or \npiece of lifting gear must \nbe plainly marked with its \nsafe working load or loads. No lifting \nor \npiece of lifting gear may be \noperated in excess of the \nsafe working load. appliance \n\nEvery lifting appliance and \nevery piece of lifting gear \nmust be thoroughly examined \nand, where necessary, tested \nby a competent person at \nappropriate intervals \nand \nafter \nsubstantial \nmodifications or following \nany \nof \nexaminations and test\u00a7 must \nbe made \nand kept in an \nappropriate manner. repair. Records \n\n-Page 14-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\nspecially \n\nOnly \napproved \nequipment and procedures may \nbe used for the lifting of \npersons. 7. Well Control \n\nSuitable \ncontrol \nwell \nequipment must be provided \nfor \nwell \nuse \nprotect \noperations \nblowouts. against \nArrangements \nsuch \nequipment shall take into \naccount the prevailing well \nand operational conditions. during \nto \n\nfor \n\n8. Protection against hazardous \nexplosion \natmospheres and \nprotection \n\n8. 1. and \n\nmust \nused \n\nEfficient means \nbe \nfor \nprovided \ndetecting the presence and \nfor \nthe \nmeasuring \nconcentration of hazardous \nand/or potentially explosiv \nve \natmospheres. specified \n\nWhere the circumstances so \nrequire monitoring devices \nmeasuring gas concentrations \nplaces \nat \nautomatically \nand \ncontinuously, \nautomatic \nalarms and devices to cut \noff power automatically from \nelectrical installations and \ninternal combustion engines \nmust be provided. The results \nof automatic \nbe \nmeasurements \nrecorded and preserved for a \nperiod of 12 months. must \n\nof \n\nmust \n\nappropriate, \n\nthe \nWhere \nautomatic \nresults \nmeasurements \nbe \nrecorded and preserved for a \nspecified period. The \nassessment \nmentiQned under paragraph la \nmust include a statement as \nautomatic \nto \nmeasurements are \nrecorded \nape) the period of time for \nmeasurements \nthese \nwhich \nshall be preserved. risk \n\nwhat \n\n-Page 15 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\n8. 2. Protection against hazardous \natmospheres \n\nto \n\nextract \n\n8. 2. 1. Appropriate measures must be \nat \nprovided \nsource \nremove \nand \naccumulations of hazardous \natmospheres, if these are or \nmay be present. The system \nmust \nof \ndispersing any such gases in \na manner which avoids the \ncontamination of other areas \nof the installation by those \ngases. capable \n\nbe \n\n8. 2. 2. Without \n\nare \n\nmay \n\nprejudice \n\nhazardous \n\nappropriate \n\nto \nDirective 89/656/EEC (7) and \nbe \nworkers \nwhere \natmospheres \nendangered by \nto \nwhich \nand \nhealth, \nsufficient \nand \nresuscitation eguipment must \nbe provided. A sufficient \nnumber of persons must be \nconstantly \nto \noperate \nequipment. Protective equipment must be \nand \nsuitably \nmaintained. available \n\nbreathing \n\nstored \n\nsuch \n\n8. 2. 3. Where hydrogen sulphide or \nother toxic gases are or \ngas \na \npresent, \nmaybe \nprotection plan \ndetailing \nthe protective equipment ana \nthe preventative \nmeasures \nmust be available for the \nrelevant authorities. 8. 3. Explosion protection \n\n8. 3. 1. All necessary measures must \nbe taken \nto prevent the \noccurrence and accumulation \nexplosive \nof \natmospheres. potential \n\nly \n\nan \n8. 3. 2. In areas \nexplosion \nall \nnecessary measures must be \nprevent \u201e the \ntaken \nexplosive \nignition \natmospheres. subject to \nhazard \n\nto \n\nof \n\n8. 3. 3. An explosion protection plan \ndetailing the equipment and \nmeasures required must be \nprepared. -Page 16 \n\n\fPROPOSAL \n\nORIGINAL \nCOMMISSION \n(OJ C 32 of 07. 02. 1991) \n\nFROM \n\nTHE \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF \nOF 9 OCTOBER 1991 \n\" \n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion i. s \nthe text is \n\n9. Emergency routes and exits \n\n9. 1 \n\n9. 2. 9. 3. 9. 4 \n\nIn the event of danger, it \nmust be possible for workers \nto evacuate the workplace \nquickly and as safely as \npossible. Every general area must have \nat least two separate escape \nroutes \u00e7ituated as far apart \nas possible and leading to a \nL\"\" \nsafe area, a safe \ne assembly \npoint \nabandonment \nstation. or \n\nEmergency routes and exits \nmust remain clear and lead \nas directly as possible to \nthe open air, to a safe \narea, a safe assembly point \nabandonment \nto \nor \nstation. an \n\nThe number, distribution and \ndimensions of the emergency \nroutes and exits depend on \nand \nthe \ndimensions of the workplaces \nand the maximum number of \npersons that may be present. equipment \n\nuse, \n\n9. 5. Emergency doors must either \nopen outwards or if this is \nnot possible, be designed as \nsliding doors. 9. 6. Emergency doors should not \nbe so locked or fastened \nthat they cannot be easily \nand immediately opened by \nany person who may require \nto use them in an emergency. 9. 7. Emergency doors must not be \nlocked by key. routes and \nThe emergency \nexits, \ntraffic \nand \ngiving \nroutes and \naccess to them, must be free \nso that \nfrom obstruction \nthey can be used at any time \nwithout hindrance. the \ndoors \n\n-Page 17-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in, this column, the text is \nunchanged) \n\n9. 8. Emergency r \niring \nrequiring \ne provided \nwith \nof \nlighting \nin \nintensify \nlighting fails. route\u00e7 and exits \nillumination must \nemergency \nadequate \nthe \n\ncase \n\n9. 9. Specific emergency \nroutes \nand exits must be indicated \nby signs in accordance with \nDirective 77/576/EEC (8). 10. Ventilation \nworkplaces \n\nof \n\nenclosed \n\n10. 1 \n\nthat \n\nthere \n\nbe taken to \nSteps shall \nis \nensure \nin \nsufficient fresh \nenclosed workplaces, having \nworking \nregard \nthe \nmethods \nIMC \nysical demands placed on \ne workers. used \n\nair \n\nthe \n\nand \n\nto \n\nIf a yentilatipn \nused, it shall be \nin working order. sy\u00e7tem is \nmaintained \n\nbreakdown \n\nAny \nindicated by \nsystem \nwhere \nnecessary \nhealth. for \n\nmust \n\nbe \nthe, control \nis \nworker's \n\nthis \n\n10. 2. ,. or \nAir-conditioning \nmechanical \nventilation \ninstallations must be used \nin such a way that workers \nare not exposed to draughts \nwhich cause discomfort. Any deposit likely to create \nan immediate danger to the \nby \nhealth \natmosphere \npolluting \nmust be \nwithout \ndelay. the \nremoved \n\nworkers \n\nof \n\n11. Room Temperature \n\n11. 1 \n\nDuring working hours, the \ntemperature , in. rooms \ncontaining workstations, must \nbe suitable \nfor, workers, \nhaving regard to the working \nmethods being used and the \nphysical demands placed on \n\n-Page 18-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nthe workers. v\\ \n\nTENDED PROPOSAL PURSUANT TO THE \nW IN ION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\u2014 \n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\nor \n\n11. 2. 11. 3 \n\nin \n\nThe temperature \nrest \nareas, rooms for duty staff, \nsanitary \nfacilities, \ncanteens and first aid rooms \nmust. be^ appropriate to the \nparticular purpose of such \nareas. , \n\nshould \n\nWindows, skylights and glass \npartitions \nallow \nof \nexcessive \nsunlight in workplaces to be \navoided, having regard to \nthe nature of the work and \nof the workplace. effects \n\n12. Floors, walls, \nroofs of rooms \n\nceilings and \n\n12. 1. M o o rs of workplaces must be \nfixed, stable, not slippery \nand free of dangerous bumps, \nholes or slopes. must \n\nRooms \ncontaining \noe \nworkstations \nadequately \ninsulated. bearing in mind the type of \nundertaking involved and the \nphysical activity \nof the \nworkers. 12. 2. of \n\nThe surfaces \nfloors, \nwalls and ceilings in rooms \nmust be such that they can \nbe kept at an appropriate \n\" J ' of \nstandard of hygiene. 12. 3. and \n\nthe \n\nmust \n\nvicinity \n\nTransparent or translucent \nwalls and in particular all \nglass partitions, in rooms \nor in \nof \ntraffic \nworkplaces \nclearly \nroutes \nindicated. These \nmust be \nmade of safety material or \nbe shielded from such places \nor traffic routes to preyent \ncoming into \nworkers from \ncontact with walls or being \ninjured should \nthe walls \nshatter. be \n\n12. 4. Access to roofs made of non \nload bearing materials must \n\n-Page 19 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\ncontrolled. be \nSuitable \nequipment must be provided \nto ensure \nthat requisite \nwork there can be carried \nout in a safe manner. 13. Natural \nlighting \n\nand \n\nartificial \n\nmust \n\nworkplace \n\nthroughout \ncapable \n\nbe \nEvery \nwith \nprovided \nof \nlighting \nsupplying \nillumination \nsufficient \nensure the \nto \nhealth and \nsafety of persons \ntherein. lighting \nThe \ninstallation \nbe \narranged to \nthat \noperational control areas, \nescape routes, embarkation \nareas and hazardous areas \nremain illuminated in both \nnormal \nemergency \nconditions. must \nensure \n\nand \n\n14. Windows and skylights \n\n14. 1 \n\nskylights \n\nand \nWindows, \nwhich \nventilation devices \nare meant \nto be opened, \nadjusted or secured must be \nsuch that these operations \ncan be carried out safely. They must not be positioned \nso as to constitute a hazard \nto workers when open. 14. 2. It must be possible to clean \nwindows \nskylights \nwithout risk. and \n\n15. Doors and gates \n\n15. 1. number and \nThe position, \nand \ndoors \ndimensions. of \ngates, and \nthe materials \nused in their construction \nmust be determined by the \nnature and use of the rooms \nor areas. 15. 2 \n\nTransparent doors and gates \nmust be appropriately marked \nat a conspicuous location. 15. 3. Swing doors and gates must \n\n-Pago 20-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion \nthe text \n\nis \nis \n\nbe. transparent \nhave \nsuitable see-through panels. or \n\n15. 4. 15. 5 \n\n15. 6 \n\nWhere there is a ganger that \nworkers may be injured if \ndoors \nwith \ntransparent or translucent \nsurfaces shatter then these \nmust be protected against \nbreakage. gates \n\nor \n\nSliding doors must be fitted \nwith \nto \nsafety \nprevent them \nbeing \nderailed and falling over. devices \nfrom \n\ngates, opening \nDoors and \nupwards must be fitted witl \na mechanism to secure them \nfrom falling back. 15. 7. Doors along escape routes \nmust \nappropriately \nmarked. It must be possible \nto open them at any time. be \n\n15. 8. Doors for pedestrians must \nbe provided in the immediate \nvicinity \n_. of \nany \ngates \nprimaril \nintended \nfor \nprimarily \nvehicle traffic, unless \nfie, unless it \nis safe for pedestrians to \npass through. Such doors \nmust be clearly marked and \nkept free of obstruction. 15. 9. Mechanical door\u00e7 and gates \nmust function in such a way \nthat the risk of accident to \nworkers is minimized. They must be fitted with \nand \neasily \nidentifiable \naccessible emergency \nstop \ndevices. Unless they open \nautomatically in the event \nof a power failure, it must \nalso be possible to open \nthem manually. 15. 10. Where chains are used to \nany \nconstrain access \nbe \nplace. clearly \nand \nappropriately identified by \nsigns \nany \ndenoting \nprohibition or warning. at \nshould \n\nvisible \n\nthese \n\nPage 21 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\n16. Traffic routes \n\n16. 1. It must be possible to reach \nworkplaces without \ndanger \nand leave them quickly and \nsafely in an emergency. 16. 2. Traffic routes and/or access \nroutes, including \nstairs, \nfixed ladders and loading \nramps, must be so located \nand of such dimensions that \nthey are safe and do not \nto \nrepresent \nworkers employed \nthe \nvicinity. danger \nin \n\na \n\n16. 3. The dimensions \n\nof routes \nused for pedestrian traffic \nang7or goods traffic must be \nsuitable for the number of \npotential u\u00e7ers and the type \nof undertaking. sufficient \n\nA \nsafety \nclearance must be provided \nfor pedestrians, if vehicles \nare used on traffic routes. 16. 4. Sufficient clearance must t>e \nallowed \nvehicle \nbetween \ntraffic routes and doors, \nfor \npassages \ngates, \npedestrians, corridors and \nstaircases. 16. 5. Where the use arid equipment \nof rooms so requires traffic \nor a\u00e7ce\u00e7s routes must be \nclearly identified for the \nprotection of workers. 16. 6. Where road vehicles enter \ntraffic \nbe \n\nthe \nregulations \nestablished as necessary. workplace, \n\nmust \n\n17. Dangerous areas \n\n17. 1. Qanger areas must be clearly \n\nindicated. 17. 2. Unauthorized \n\naccess \n\nto \nworkplaces, with \ndangerous \nareas, including those where \nthere is a risk of objects \nor workers \nmust \nwhere possible be prevented. falling \n\n-Page 22-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\n17. 3 \n\n18. 18. 1. 18. 2. Appropriate measures must be \ntaken \nthe \nprotection of \nhealth and \nsafety of workers authorized \nto enter dangerous areas. ensure \n\nto \n\nRoom dimensions and \nspace in rooms - freedom of \nmovement at the workstation \n\nair \n\nmust \nsurface \n\nWorkrooms \nhave \narea, \nsufficient \nair space to \nheight and \nallow workers \nto perform \ntheir work without risk to \nor \ntheir safety, \nwell-being. health \n\nspace \n\navailable \n\nto \nThe \nworkers at their workstation \nallow \nmust be \nsuch \nof \nsufficient \nmovement as \nto \nperform their work safely. to \nfreedom \n\nwell as \n\n19. Rest Rooms \n\n19. 1. Where the safety or health \nor numbers of workers so \nrequires, workers must be \nprovided with \neasily \naccessible rest room. an \n\ndoes \n\nThis provision \nnot \naPP]y. where the workers are \nemployed \nor \nsimilar workrooms providing \nequivalent relaxation during \nbreaks. offices \n\nin \n\n19. 2. Rest rooms must be large \nenough for the number of \nworkers and equipped with an \nadequate number of tables \nand seats with backs. 19. 3. Appropriate measures must be \nintroduced in rest rooms for \nthe \nsmokers \nsmoke. non-\ntobacco \n\nprotection \n\nagainst \n\nof \n\n20. Outdoor workplaces \n\n20. 1. Workstations, traffic routes \n\n-Page 23-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nareas \n\nother \n\nand \nor \ninstallations outdoors which \nare used or occupied by the \nworkers in the course of \ntheir \nbe \norganized in such a way that \npedestrians and vehicles can \ncirculate safely. activity \n\nmust \n\n20. 2 \n\n20. 3 \n\nWorkplaces outdoors \nmuct. be \nadequately lit by artificia \ny artificial \nlighting if ' \ndaylight is not \nadequate. When workers are employed at \nworkstations outdoors, such \nworkstations must as far as \npossible be arranged so that \nworkers: \n\nare \ninclement weather; \n\nprotected \n\nagainst \n\nare protected from slips, \nfalls and \nif necessary \nagainst falling objects; \n\nlevels \n\nare not exposed to harmful \nnoise \nto \nharmful external influences \nsuch as gases, vapour or \ndust; \n\nor \n\nare able to leave their \nworkstations swiftly \nin \nthe event of danger or can \nrapidly be assisted so to \ndo. 21 \n\nPregnant women \nmothers \n\nand nursing \n\nPregnant women and nursing \nmothers must be able to lie \ndown to rest in appropriate \nconditions. 22 \n\nHandicapped workers \n\nWorkplaces must be organized \nof \nto \ntake \nhandicapped \nif \nnecessary. account \nworkers, \n\nThis provision \nparticular to \n\ntfil11 es in \n\ndoors, \n\n-Page 24-\n\n\fOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion \nthe text \n\nis \nis \n\nORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nstairca\u00e7es, \npassageways, \nshowers, \nwashbasins, \nlavatories ancj workstations \nused or occupied directly by \nhandicapped persons. Special \n\nB. applicable to \nsector \n\nrequirements \nthe onshore \n\n1. M re detection \nfighting \n\nand \n\nfire \n\n1. 1. 1. 2 \n\n1. 3 \n\n1. 4 \n\nor \n\nto \n\nworkplaces \n\nWherever \nare \nbeing designed, constructed, \ncommissioned, \nequipped, \noperated \nmaintained \nadequate measures must be \ntaken \nfires \nstarting and spreading from \nthe sources identified in a \nsafety \nas \nreferred to in Articles 6, \nDirective \n9. of \n10 \n8\u00a7/391/EEC(5). Provision \nmust be m\u00e0\u00e7je for fast and \neffective fire fighting. assessment \n\nprevent \n\nWorkplaces must be equipped \nwith \nfire-\nappropriate \nfIghting equipment and with \nfire detectors \nand alarm \nsystems, as necessary. Fire-fighting \nintended for \nmust be easily access \nsimple to \nnecessary, protected \ndamage. equipment \ngeneral use \nlble, \nuse and where \nfrom \n\nfire \n\nprotection \n\nA \nplan \ndetailing the precautions to \nbe taken in accordance with \n4, 5 and 6 \nArticles 3, \nappropriate \nprotect \nto \nagainst, detect and combat \ntne outbreak and spread of \nfires must be kept on site. 1. 5 \n\nequipment \nby \n\nThe \nindicated \naccordance with \n77/576/EEC(8). be \nmust \nsigns. in \nDirective \n\n2. Remote \nEmergencies \n\nControl \n\nin \n\n-Page 25-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in, this column, the text is \nunchanged) \n\na \n\nremote \n\nidentified \u201e as \nEquipment \nnecessary \nsafety \nby \nassessment must be capable \nof \nat \nsuitable locations in the \nemergency. event \nan \nRemote \nequipment \ncontrol \nmust be able to control the \nisolation and blowdown of \nwells, plant and pipelines. control \n\nof \n\n3. 3. 1 \n\nCommunication, General and \n:mergency \n\nEvery, \nworkpl \nwith: \n\nnormal! \nace must I \n\nmanned \nprovided \n\na) an audio-visual. system \ncapable or transmitting an \nalarm indication to every \nmanned part of the workplace \nas necessary. b) where \nappropriate. a \nof x being \nsystem capable \nheard distinctly \nall \nparts of the installation \nwhere persons are frequently \npresent. at \n\n3. 2 \n\nFacilities for raising an \nalarm must be^ provided at \nsuitable locations. 3. 3 \n\nWhen persons , are present on \nworkplaces which \nnormally \ncommunication \nappropriate \ncircumstances \nprovided. are not \nmanned, \nsystems \nthe \nbe \n\nto \nmust \n\n4. Safe Assembly \nMuster List \n\nPoints and \n\nThe need for specifying safe \nassembly. and \npoints \nlists, \nmaintaining muster \nmust be evaluated and where \nrequired \nnecessary \nthe \naction taken. 5. Means of \nEscape \n\nEvacuation \n\nand \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nA AMENDED PROPOSAL PURSUANT TO THE \n; OPINION OF THE EUROPEAN PARLIAMENT \n\\0F 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\n5. 1 \n\n5. 2 \n\n5. 3 \n\nWorkers must be trained \nthe appropriate actions \nbe taken in emergencies. in \nto \n\nmust be \nRescue equipment \nprovided \nreadily \nat \naccessible and appropriately \nsited places and kept ready \nor use. and \n\nroutes \n\nare \nWhere escape \ndifficult \nwhere \nirrespirable atmospheres are \nor may \nbe present self-\ncontained escape apparatus \nfor \nmust \nbe \nimmediate \nthe \nworkstation. provided \nat \n\nuse \n\nSafety Exercises \n\nnormally \nnormaTl \n\nIn \namongst \n\nKorkplace to \n\nOn \nmanned \nun \nworkplaces safety exercises \nheld at regular \nmust be \nthese \nintervals. exercises, \nother \nmatters, each person at the \nwhom duties \nave been assigned in the \nevent of emergency involving \nthe \nor \nemergency \nof \noperation \nequipment, is instructed and \nexamined. Where \nrelevant, \nthese persons should also be \nexercised in \nthe correct \nuse, handling or operation \nof that equipment. handling \n\nuse, \n\n7. Sanitary equipment \n\n7. 1. Changing rooms and lockers \n\nof \n\nevent \n\nnormally \n\nIn \namongst \n\nOn \nstaffed \nworkplaces safety exercises \nheld at regular \nmust be \nthese \nintervals. other \nexercises, \nmatters, each person at the \nwork place \nto whom such \nduties have been assigned in \nthe \nemergency \ninvolving the use, handling \nor operation of emergency \nequipment, \nbe \ninstructed and examined in \nthe execution of such duties \nto a standard which meets \nwith the satisfaction of the \nresponsible authority. Where \nrelevant these persons so \nassigned should \nbe \nexercised in \nthe correct \nuse, handling or operation \nof that equipment. also \n\nmust \n\n7. 1. 1. Appropri ate changi ng rooms \nmust be provided for workers \nif they have to wear special \nwork clothes and where, for \nreasons \nand \npropriety, they cannot be \nexpected \nin \nanother room. Changing rooms \nmust be easily accessible, \nhave sufficient capacity and \nbe provided with seating. change \n\nhealth \n\nof \n\nto \n\n-Page 27 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\n7. 1. 2. Changing \n\nmust \n\nrooms \n\nsufficiently large \nfacilities \nworker to \nclothes \nhours, \nmade to \nclothes to be dried. be \n\u201e. and have \nto enable each \nlock away his \nworking \nmust be \nenable wet working \n\nduring \nProvision \n\nIf circumstances so require \nlockers for \nwork clothes \nmust be separate from those \nfor ordinary clothes. 7. 1. 3 \n\nProvisions must be made for \neither \nchanging \nrooms or separate use of \nchanging rooms for men and \nwomen. separate \n\n7. 2 \n\nShowers \nfacilities \n\nand \n\nwashing \n\n7. 2. 1 \n\nWhere required by the nature \nof the work or for health \nreasons an adequate and a \nsuitable number of showers \nmust \nfor \nworkers. provided \n\nbe \n\nProvisions must be made for \neither separate shower rooms \nor separate use of shower \nrooms for men and women. 7. 2. 2 \n\nThe shower rooms must permit \neach worker to wash without \nsuitably \nhindrance \nin \nhygienic \nThe \nshowers must \nbe equipped \nwith hot and cold running \nwater. conditions. 7. 2. 3. Where \n\nshowers. are, not \nrequired according to 7. 2. 1. washbasins with hot and cold \nbe \nrunning \nprovided in the vicinity of \nworkstations. water \n\nmust \n\n7. 2. 4. Where the rooms, housing the \nshowers or washbasins are \nseparate from the changing \nrooms, there must be easy \ncommunication between \nthe \ntwo. -Page 28 \n\n\fMMm PR0P0SAL FR0M \n\n(OJ C 32 of 07. 02. 1991) \n\nTHE \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion \nthe text \n\nis \nis \n\n7. 3. Lavatories and washbasins \n\nSeparate facilities must be \nprovided in the vicinity ot \nworkstations, \nrestrooms, \nchanging rooms and rooms \nhousing. or \nwashbasins with an adequate \nnuimer. of \nlavatories and \nwashbasins. showers \n\nProvisions must be made for \nseparate \nor \nseparate use of lavatories \nfor men and women. lavatories \n\nFirst aid facilities \n\nFirst aid equipment must be \nplaces \navailable in all \nwhere \nconditions \nrequire it. working \n\nequipment \n\nThis \nmust be \nsuitably marked and easily \naccessible. operation, \n\nThe first aid \nequipment \nprovided must be fitting to \nWhere \nthe \nappropriate, a suitable room \nwhere first aid can be given \nto injured persons must be \nprovide^. Clearly \nvisible \nfirst aid instruction in the \nevent of accidents must be \ndisplayed in this room. 8. 8. 1 \n\n8. 2 \n\n8. 3 \n\nFirst aid \nrooms \nfitted with essent \naid \ninstallations \nequipment and be \naccessible for stretchers. must be \nial first \nand \neasily \n\nThey must be signposted in \naccordance with \nDirective \n77/576/EEC. 8. 4 \n\nA suitable number of persons \nmust be trained in the use \nof the first aid equipment \nprovided. SPECIAL \n\nC: \nAPPLICABLE TO \nSECTOR \n\nREQUIREMENTS \nTHE OFFSHORE \n\n-Page 29 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\n1. 1. 1 \n\nFire detection \nfighting \n\nand \n\nfire \n\na \nmust \n\nAppropriate precautions, as \nsafety \nidentified \nby \nassessment, \nbe \nprotect \nundertaken \nagainst, detect and combat, \ntne outbreak and spread of \nappropriate \nfires. fire \nbe \nshould \nprovided for the purpose of \nsegregating fire risk areas. Where \nbreaks \n\nto \n\n1. 2 \n\nAdequate fire detection and \nprotection systems, \nfire-\nfighting systems and alarms \nprovided on all \nmust be \nworkplaces \naccordance \nin \nwith the risks identified in \na safety assessment. These \nmay include \nbut are not \nlimited to: \n\n- fire detection systems \n\n- fire alarms \n\n- fire water mains \n\n- fire hydrant and hoses \n\n- water deluge systems and \n\nwater monitors \n\niif( \n\n- automatic \nsystems \n\nsprinkler \n\n- gas extinguishant systems \n\n- foam systems * \n\n- portable \n\nextinguishers \n\n- fireman's equipment \n\nfire \n\nequipment \nFire-fighting \nintended for \ngeneral use \nmust be easily accessible, \nuse and where \nsimple to \nnecessary, protected \nfrom \ndamage. fire \n\nprotection \n\nplan \nA \nprecautions \ndetailing the \nappropriate \nprotect \nagainst, detect and combat \nthe outbreak of fires must \n\nto \n\n1. 3 \n\n1. 4 \n\n-Page 30-\n\n\fPROPOSAL \n\nmmioH \n(OJ C 32 of 07. 02. 1991) \n\nTHE \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion \nthe text \n\nis \nis \n\nbe kept on the workplace. 1. 5, \n\n1. 6 \n\n2. 2. 1 \n\nprotection \n\nEmergency systems must be so \notherwise \nsegregated \nor \nafforded \nfrom \naccidental events to the \nextent necessary to ensure \nthat the emergency functions \nremain operational \nin an \nemergency. Where appropriate \nsuch \nshall be \nduplicated. systems \n\nThe. equipment \nindicated \nby \naccordance with \n77/576/EEC(8). must l?e \nin \nsigns \nDirective \n\nRemote \nEmergencies \n\nControl \n\nin \n\na \n\nremote \n\ncontrol \n\nidentified as \nEquipment, \nnecessary \nsafety \nby \nassessment, must be capable \nof \nat \nsuitable locations in the \nevent of an emergency. Such \nequipment must include the \nsystems for ventilation, \nemergency \nof \nequipment which could give \nrise \nignition, the \nprevention of the escape of \nflammable liquids and gas. fire protection \nand well \ncontrol. shut-down \n\nto \n\n3. 3. 1 \n\nCommunication: General and \nEmergency \n\nEvery \nworkplace must \nwith: \n\nnormal 1 \n& \n\nmanned \nprovided \n\naudio-visual \n\nan \n\u00e7ystem \ncapable of transmitting an \nalarm indication to every \nmanned \nthe \npart \nworkplace as necessary. of \n\naddress \n\nbeing %\\ \n\ninstallation \n\ncapable of being heard \ndistinctly at all parts of \nwhere \nthe \nfrequently \npersons are \naural \npresent \ncommunication \nis \npracticable. and \n\nsystem \n\na \ncapable. of \nmaintaining communication \n\nPage 3 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THF \nOPINION OF THE EUROPEAN PARLIAMLNI \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nwith the shore and the \nemergency services. 3. 2 \n\nSuch systems must be capable \nof remaining operational in \nthe event of an emergency. The public address system \nshould be supplemented by \ncommunication systems which \non \nare \nvulnerable power supplies. reliant \n\nnot \n\n3. 3 \n\nFacilities for raisin \nalarm must be provide \nsuitable locations. an \nat \n\n3. 4 \n\nWhen \nwnen pe \nces which \nworkpja \nnormal! \n|y \ncommunications \nappropriate \ncircumstances \nprovided. ersons are present on \nare not \nmanned, \nsystems \nthe \nbe \n\nto \nmust \n\n4. Safe Assembly \nMuster List \n\nPoints and \n\n4. 1 \n\nAll necessary measures must \nprotect \nbe \ntaken \nabandonment \nand \nsafe assembly points from \nheat, smoke and the effects \nof explosion. stations \n\nto \n\n4. 1 \n\nAll necessary measures must \nbe taken to protect refuges \n(abandonment stations \nand \nsafe assembly points) from \nheat, smoke and the effects \nof explosion. These measures which shall \nensure safe refuge for all \ntime \nfor \npersonnel \nsufficient to permit their \nsafe and full evacuation, \nshall be determined in the \nlight of the risk assessment \nmentioned in \nA, \nparagraph la. Section \n\na \n\nThese measures shall also \ninclude the protection of \npersonnel using routes to or \nfrom a refuge whether by \nmeans; of the layout of the \nescape routes in relation to \nthe location of hazardous \nareas \nof \nby \nspecific protection of the \nthe \nescape \neffects of fire, smoke or \nexplosion. routes \n\nmeans \n\nfrom \n\nor \n\n4. 2 \n\none such \nAt least \nassembly point shall \n\nsafe \nbe in \n\n-Page 32 \n\n\f7 \n\n/ \n\nORIGINAL \nCOMMISSION \n11S5ION \n\nPROPOSAL \n\nFROM' \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion \nthe text \n\nis \nis \n\nthe form of a temporary safe \nshall be a \nrefuge which \ncentre \nthe \nwhich \nfrom \nemergency can be assessed \nand controlled. For this \npurpose the temporary. safe \nrefuge shall , be equipped \nwith a control center which \nshould \nminimum \ncontain \nfacilities as specified in \nthe risk assessment and a \nwhich may be \nradio room \nthe \nlocated \naccommodation \narea, \nnotwithstanding the general \nprovision on the separation \nof accommodation from any \nworkplace. within \n\nbe \n\nequipped \nthe \n\nAt least one of such refuges \nshall be an emergency centre \nfrom which the emergency can \nbe assessed and controlled. For this purpose that refuge \nas \nshall \nindicated \nrisk \nin \nassessment with a control \nthe \ncentre \nas \nminimum \nspecified \nrisk \nin \nassessment including a radio \nroom which may be located \naccommodation \nwithin \nthe \nthe \narea, notwithstanding \ngeneral provision \non the \nseparation of accommodation \nfrom any workplace. facilities \nthe \n\ncontaining \n\n4. 2. 4. 3. 4. 4. Each safe \nassembly point \nmust be as close as possible \nassociated \nto \nits \nand \nabandonment \nspace to \nhave sufficient \naccommodate \npersons \nassigned to the station or \nstations. stations \n\nall \n\nSafe assembly \npoints and \nabandonment stations must be \nfrom \nreadily \nwork \naccommodation \nareas. accessible \nand \n\nA list \u00b0f the personnel on a \nworkplace must be maintained \nat all times. Every person \non the workplace must be \nallocated a safe assembly \npoint. Records of persons \nassigned \ndifferent \nto \nabandonment stations must be \nseparately maintained \nand \ndisplayed. Page 33 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO I HE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version \ngiven in this column, the text \nunchanged) \n\nis \nis \n\n4. 5 \n\nA record of persons assigned \nspecial duties in the event \nemergency must be \nof an \nprovided and displayed at \nsuitable locations on the \nworkplace and noted in. the \nwritten \ninstructions \nreferred to in section A \nunder 3. 6. Means of \nEscape \n\nEvacuation \n\nand \n\n5. 1 \n\nWorkers must be trained in \nthe appropriate actions to \nbe taken in emergencies. 5. 1 \n\n5. 2 \n\nbe \nWorkers \nsuitable \ntraining \nsurvival techniques. must \n\ngiven \nin \n\n5. 2 \n\nWorkers must be trained in \nthe appropriate actions to \nbe taken in emergencies. In \ngeneral \nto \naddition \nemergency training workers \nworkplace-\nshould receive \nspecific \nwhich \ntraining \nshould be specified in that \nworkplace's risk assessment. must \n\nbe \ntraining \n\nWorkers \ngiven \nsuitable \nin \nsurvival techniques and be \nin possession of a current \ncertificate recognised \nby \nthe responsible authority. 5. 3. 5. 4. and \n\nsufficient \nSuitable \nmeans of evacuation in an \nemergency \nof \nand \nescape direct to the sea \nmust be provided on every \nworkplace. means \n\n5. 4. developed \n\nA safety assessment must be \nundertaken and an emergency \nfor \nman \nplan \nworkplace \noverboard \nsituations. evacuation \nbe \nStandby vessels \nbe \navailable \nand \nequipped to save \nsuitably equip \nlives. must \nmust \n\nand \n\nan \n\ninstallation \n\nA risk assessment must be \nundertaken and an emergency \nplan developed for person \nworkplace \nand \noverboard \n\u201e situations. evacuation \nStandby vessels \nbe \nmust \nstationed sufficiently close \nto \nor \ninstallations in order that \nwith \nthey \nin \nadequate \nany \nemergency. required \nbe \nresponse time \nrespon: \nrisk \nincluded \nin \nany \nassessment \nStandby \ninstallation, \nbe suitably \nvessels must \nequipped to \ndesigned and \nsave \nlives \nrecover \npersonnel from the sea. should \nthe \n\nspeed \nA \n\nrespond \n\nmay \n\nand \n\nof \n\n-Page 34 \n\n\fAMENDED PROPOSAL PURSUANT^JO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\nOBf \n\n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion \nthe text \n\nis \nis \n\nThe risk \nassessment must \nfully consider the role of \nhelicopters in any offshore \nemergency and must provide \nas and when \nfor the use \nnecessary. / \n\nORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\n5. 5. The minimum requirements for \nevery survival craft (life \nboat), life-raft, life-buoy \nand. life-jacket \nwhich is \nprovided are that they: \n\n- be suitable ana1 equipped \nto maintain life for a \nsufficient time; \n\n- be of sufficient number \nfor all the workers likely \nto be present; \n\n- be of a type suitable for \n\nthe workplace; \n\nbe properly constructed of \nsuitable materials having \nregard to its life-saving \nfunction \nthe \ncircumstances in which it \nmay be used and kept ready \nfor use; and \n\nand \n\nbe of such colour as will \nmake it conspicuous when \nin use, and equipped with \ndevices such that the user \ncan use them to attract \nthe attention of rescuers. 5. 6. life-saving \nAdeguate \nappliances must be available \nfor immediate use. 6. Safety Exercises \n\nmanned \nworkplaces safety exercises \nmust be \nheld at regular \nintervals in which: \n\njy \n\n- all \n\non \n\npersons \n\nthe \nworkplace to whom duties \nassigned \nhave \ninvolving \nuse. handling or operation of \n\nbeen \n\nthe \n\non \n\npersons \n\nall \nthe \nworkplace to whom duties \nassigned \nhave \ninvolving \nuse. handling or operation of \n\nbeen \n\nthe \n\nPage 35 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nemergency equipment must \nbe instructed and examined \nin the execution of such \nrelevant \nWhere \nduties. they. should \nalso \nbe \nexercised in the correct \nuse. handling or operation \nof that equipment; \n\nemergency equ \nl?e instructed \nin the execut \nduties to a st \nmeets \nwi \nsatisfaction \nresponsible \nWhere relevant \nalso be exerc \ncorrect use, \noperation \nequipment. ipment must \nand examined \nion of such \nandard which \nthe \nth \nof \nthe \nauthority. they should \nised in the \nhandling or \nthat \nof \n\n- survival \n\ncraft \n\nare \n\nexamined for operation. - all , emergency \n\nthe drill \ncleaned \n\nequipment \nis \nused in \nand, \nexamined, \nwhere \nappropriate, \nrecharged or replaced and \nall portable equipment so \nused is returned to the \nplace \nis \nordinarily kept; \n\nwhere \n\nit \n\n- survival craft are tested \n\nfor operation. 7. Sanitary equipment \n\n7. 1. Changing rooms and lockers \n\n7. 1. 1. Where workers \nspecial work \nfor reasons \npropriety, they \nexpected \nelsewhere, \nchanging \nprovided. easily accessible \nprovided with seating. have to wear \nclothes, or, \nof health or \ncannot be \nto \nchange \nappropriate \nbe \nbe \nand be \n\nrooms \nThey \n\nmust \nmust \n\n7. 1. 2. Changing \n\nmust \n\nbe \nrooms \nsufficiently large and have \nfacilities to enable each \nworker to lock away their \nclothes \nworking \nduring \nhours. Provisions must be \nmade to enable wet working \nclothes to be dried. If circumstances so require \n(e. g dangerous substances, \nhumidity, dirt), lockers for \nwork \nbe \nclothes \nseparate from \nfor \nordinary clothes. must \nthose \n\n7. 1. 3. Provision must be made for \n\n-Page 36 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PR0PQSALri PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nseparate changing rooms or \nseparate use of changing \nrooms for men and women. 7. 2 \n\nShowers \nfacilities \n\nand \n\nWashing \n\nto \n\naddition \n\nIn \nthose \nfacilities provided in any \naccommodation area, adequate \nand,. suitable \nshowers and \nwashing facilities shall if \nneces\u00e7ary be provided in the \nvicinity of workstations. 7. 3. Lavatories and Wash-basins \n\nto \n\naddition \n\nIn \nthose \nfacilities provided in any \naccommodation, an adequate \nnumber of lavatories and \nWash-basins \nif \nnecessary be provided\" in the \nvicinity of workstations. shall \n\nProvisions must be made for \nseparate \nor \nseparate use of lavatories \nfor men and women. lavatories \n\n8. First-Aid Rooms \n\n8. 1 \n\nbe \n\nOne or more first-aid rooms \nmust \nin \naccordance with the size of \nthe premises and the type of \nactivity being carried out. provided \n\n8. 2 \n\nThey must be signposted in \nDirective \naccordance with \n77/576/EEC. 8. 3 \n\nThere must be provided, such \nequipment, facilities and \nmedications and such number \nof suitable persons as are \nadequate and appropriate in \nthe \nfor \ncircumstances \nrendering first-aid or where \nunder \nnecessary treatment \na \nof \nthe \nregistered \nmedical \npractitioner (who may or may \nnot be present). direction \n\n8. 4 \n\nIn \nequipment must be \n\naddition \n\nfirst-aid \navailable \n\n-Page 37 \n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nin \nail- \u2022 \nconditions \n\nplaces where working \n\nrequire it. 8. 5 \n\nThe provis \nDirective. health \nrequirement \nmedical tre \ns \nvessels \nworkplaces \nprovisions \nare more \nthose \nof \nDirective. ions of Council. on the minimum \nsafety \nand \ns for \nimproved \natment on board \nto \nhall \nthe \nof that Directive \nthan \npresent \n\nstringent \nthe \n\n\u201e where \n\napply \n\n9. Accommodation \n\n9. 1 \n\nIf the nature, scale and \nduration of operations so \nrequire, the employer must \nalso provide employees with \naccommodation which must be: \n\n- protected \n\nagainst \n\nthe \neffects of explosion, the \ningress of smoke and gas \nand \nand \nas \nspread \nidentified by \na safety \nassessment. outbreak \nfire \n\nthe \n\nof \n\nsuitably \nventilati \n1ighting \n\nequipped \n\nwith \non, heating and \nfacilities; \n\n- provided at \n\neach level \nwith \ntwo \nindependent exits leading \nto escape routes. least \n\nat \n\n- protected against noise, \nsmells and fumes likely to \nto health \nbe hazardous \nfrom \nand \nareas \nother \nagainst the weather; \n\n- separate \n\nany \nworkstation and \nlocated \naway from dangerous areas; \n\nfrom \n\n9. 2 \n\nSuch \nmust \naccommodation \ncontain sufficient beds or \nbunks for \nthe number of \npersons expected to sleep on \nthe installation. Any room \ndesignated \nsleeping \naccommodation must contain \nthe \nspace \nadequate \n\nfor \n\nas \n\n-Page 38-\n\n\f\\ \n\nORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO FHE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n(Where no alternative \ngiven in this column, \nunchanged) \n\nversion is \nthe text is \n\n9. 3. store their \noccupants to \nclothes. Separate sleeping \nrooms for men and women must \nbe provided. must \naccommodation \n$uch \ninclude a sufficient number \nwashing \nof. showers \nfacilities equipped with hot \nwater. and cold \nProvision must be made for \nrooms or \nseparate shower \nseparate use of shower rooms \nfor men and women. and \nrunning \n\nShowers must be sufficiently \npermit. each \nspacious to \nworker \nwithout \nto \nsuitably \nhindrance \nhygienic conditions. wash \nin \n\n9. 4. The accommodation must be \nequipped with a sufficient \nlavatories and \nnumber of \nWash-basins. Provision must \nseparate \nfor \nmad\"e \nbe \nfacilities or separate use \nof such facilities for men \nand women. 9. 5. The. accommodation and its \nequipment must be maintained \nto adequate \nstandards of \nhygiene. 10. Helicopter Operations \n\nto \n\nmust \n\nenable \n\non \nHelicopter \ndecks \nworkplaces \nof \nbe \nsufficient size and \nlocated \nso as to provide a clear \napproach \nthe \nlargest helicopter using the \ndeck to operate under the \nconcluions \nmost \nanticipated for helicopter \noperations. The helicopter \ndeck must be of a design and \nfor \nconstruction adequate \nthe intended service. severe \n\nThere should\" be provided, \nand stored in the immediate \nvicinity of the helicopter \nequipment \nlanding \nneeded for use in the event \nof an accident involving a \nhelicopter. area, \n\n-Page 39-\n\n\fORIGINAL \nCOMMISSION \n\nPROPOSAL \n\nFROM \n\nTHE \n\n(OJ C 32 of 07. 02. 1991) \n\nAMENDED PROPOSAL PURSUANT TO THE \nOPINION OF THE EUROPEAN PARLIAMENT \nOF 9 OCTOBER 1991 \n\n(Where no alternative version is \ngiven in this column, the text is \nunchanged) \n\nwith \n\nworkforce \nnumber \n\nOn installations \na \nresident \na \nof \nsufficient \ndedicated emergency response \npersonnel, who are trained \nto standards recognised by \nthe responsible authorities, \nshould be available at the \nhelicopter \nduring \naircraft movements. deck \n\n11. Movement of Installations -\nSafety and Stability \n\nTowing \nand \narrangements \nprocedures must be \u00a7uch as \nto reduce to a minimum any \nworkers during \ndanger to \ntowfng \nThe \ndesign and arrangement of \ntowing fittings should have \nregard to both normal and \nemergency conditions. operations. Towing and anchor handling \narrangements and procedures \nmust Be such as to reduce to \na minimum any danger to all \nworkers during towing and \nanchor handling operations. The design and arrangement \nanchor \nof \nhandling \nand \nequipment should have regard \nto both normal and emergency \nconditions. towing \u201e. and \n\nfittings \n\nOJ No \nOJ No \nOJ No \nOJ No \nOJ No \nOJ No \nOJ No \nOJ No \n\nC32 7. 2. 1991 p. 7 \n\nC191 22. 7. 1991 D. 34. 393,30. 12. 1989. p. l. 183 29. 06. 198\u00a7, p. 185 09. 07. 1974 p. 393 30. 12. 1989 p. L 229 07. 09. 1977, p. 1 \n18 \n18 \n12 \n\n-Page 40-\n\n\fISSN 0254-1475 \n\nCOM (91) 493 final \n\nDOCUMENTS \n\nEN \n\n04 \n\nCatalogue number : CB-CO-91-565-EN-C \n\nISBN 92-77-78494-6 \n\nOffice for Official Publicatioiis of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0337d5f3-bbf4-451f-8f59-9706acfed07d", "title": "Commission Regulation ( EEC ) No 3/92 of 20 December 1991 on the supply of various lots of butteroil as food aid", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Nicaragua,butter oil,food aid", "workIds": "celex:31992R0003,oj:JOL_1992_001_R_0005_016", "eurovoc_concepts": ["Nicaragua", "butter oil", "food aid"], "url": "http://publications.europa.eu/resource/cellar/0337d5f3-bbf4-451f-8f59-9706acfed07d", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6fd5a14d-7a58-43c4-bb59-4ae6244ace00", "title": "Buitenlandse handel : Statistisch jaarboek: Historisch overzicht 1958-1990.,Commerce ext\u00e9rieur : Annuaire statistique: R\u00e9trospective 1958-1990.,External trade : Statistical yearbook: Recapitulation 1958-1990.,Udenrigshandel : Statistisk \u00c5rbog: Oversigt 1958-1990.,\u0395\u03be\u03c9\u03c4\u03b5\u03c1\u03b9\u03ba\u03cc \u03b5\u03bc\u03c0\u03cc\u03c1\u03b9\u03bf : \u03a3\u03c4\u03b1\u03c4\u03b9\u03c3\u03c4\u03b9\u03ba\u03ae \u03b5\u03c0\u03b5\u03c4\u03b7\u03c1\u03af\u03b4\u03b1: \u0391\u03bd\u03b1\u03c3\u03ba\u03cc\u03c0\u03b7\u03c3\u03b7 1958-1990.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission,Eurostat", "date": "1991-12-20", "subjects": "EU Member State,economic statistics,foreign trade,trade by product,trading operation", "workIds": "PUB_CA7091378", "eurovoc_concepts": ["EU Member State", "economic statistics", "foreign trade", "trade by product", "trading operation"], "url": "http://publications.europa.eu/resource/cellar/6fd5a14d-7a58-43c4-bb59-4ae6244ace00", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7e2c4904-11ac-4457-b588-acda0c2bfd3e", "title": "92/66/EEC: Commission Decision of 20 December 1991 on the multiannual guidance programme for aquaculture and the provision of protected marine areas (1992 to 1996) submitted by Spain pursuant to Council Regulation (EEC) No 4028/86 (Only the Spanish text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "Spain,aquaculture,coastal region,development plan,protected area,structural policy", "workIds": "celex:31992D0066,oj:JOL_1992_029_R_0020_041", "eurovoc_concepts": ["Spain", "aquaculture", "coastal region", "development plan", "protected area", "structural policy"], "url": "http://publications.europa.eu/resource/cellar/7e2c4904-11ac-4457-b588-acda0c2bfd3e", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9412b12d-5aa1-4c5c-9a6b-1fb119243200", "title": "The Pepper report : Promotion of employee participation in profits and enterprise results in the Member States of the European Community.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Directorate-General for Employment, Social Affairs and Inclusion,European Commission", "date": "1991-12-20", "subjects": "EU Member State,profit sharing", "workIds": "PUB_CENC91003", "eurovoc_concepts": ["EU Member State", "profit sharing"], "url": "http://publications.europa.eu/resource/cellar/9412b12d-5aa1-4c5c-9a6b-1fb119243200", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/83c8b9ad-84e7-4c5a-97c5-f48c701785d6", "title": "Re\u00adexamined proposal for a COUNCIL DIRECTIVE ON THE MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR IMPROVED MEDICAL TREATMENT ON BOARD VESSELS", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-20", "subjects": "crew,medical device,medicinal product,occupational health,vessel", "workIds": "celex:51991PC0552,comnat:COM_1991_0552_FIN", "eurovoc_concepts": ["crew", "medical device", "medicinal product", "occupational health", "vessel"], "url": "http://publications.europa.eu/resource/cellar/83c8b9ad-84e7-4c5a-97c5-f48c701785d6", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 552 final - SYN 278 \n\nBrussels, 2D December 1991 \n\nRe-examined proposal for a \n\nCOUNCIL DIRECTIVE \n\nON THE MINIMUM SAFETY AND HEALTH REQUIREMENTS \n\nFOR IMPROVED MEDICAL TREATMENT \n\nON BOARD VESSELS \n\n(presented by the Commission pursuant to Article 149. 2(d) \nof the EEC treaty) \n\n\fThe initial proposal for this Directive was forwarded to the Council by the \nCommission on 20 July 1990( 1). Th,is proposal for a Council Directive, based on Articje 118a of the EEC \nTreaty, seeks to improve medical treatment on board vessels by laying down \nminimum requirements in respect of the medical supplies appropriate to \nvarious categories of vessel. These minimum requirements apply particularly \nto the presence of antidotes on vessels carrying dangerous substances and to \nmedical training for the captain and other crew members. The proposal also \nprovides for inspection arrangements. The European Parliament (first reading) and the Economic and Social Committee \ngave their opinions on 24 January 1991 and 20 September 1990 respectively. The Commission forwarded an amended proposal to the Council on \n28 February 1991<2>. The Council common position of 1 October 1991 was examined by the European \nParliament (second reading) on 20 November 1991 and adopted subject to 20 \namendments. Of these 20 amendments, the Commission has agreed to incorporate seven, in \nfull or in part, into its re-examined proposal. As regards amendments No 3 \nand No 8, only the part corresponding to the proposal put forward in \namendment No 2 has been adopted, with the rest of the text being rejected. It has rejected 13 amendments, namely Nos 1, 4, 9, 10, 11, 12, 13, 14, 17, \n18, 19, 20 and 21. The Commission's comments on the amendments which it has not adopted are as \nfol lows: \n\n(1) COM(90) 272 final \n\n\f(The numbering corresponds to that adopted for the plenary sitting of \n\n20 November) \n\nAmendment No 1 : (Fifth recital a) \n\nThis makes provision for the Member States to be asked to ratify ILO \nConvent ion No 164. Comments: This form of recital cannot be justified, since the present \nproposal for a Directive is not a suitable instrument for calling for \nratification of an ILO Convention. This amendment had already been rejected \nat the first reading. Amendment No 3: (Article 2 (1) (a)) \n\nThe part of this amendment embracing the concept of \"vessels registered in a \nMember State\" has been accepted (same purpose as amendment No 2 ). This \namendment also cat's for revision of the lists of medical supplies following \nharmonisation of various elements, particularly pharmaceutical standards. Comments : The procedures for adapting the annexes of the Directive are \ncovered in overall terms and more satisfactorily by the provisions of \nArt icle 8. Amendment No 4: (Article 2 (1) (b)) \n\nThis calls for quantities of medical supplies to be determined on the basis \nof data supplied by the competent national authorities. Comments: The competent authorities cannot possibly take account of the \nvarious parameters specified in paragraph 1 (b) of this Article. Amendment No 8: (Article 3 (1)) \n\nThe part of this amendment embracing the concept of \"vessels registered in a \nMember State\" has been accepted (same purpose as amendment No 2 ). The other \npart of this amendment requires the captain to be kept informed of dangerous \nsubstances loaded on board the vessel. Comments: This general requirement is excessive and difficult to apply, \nparticularly where ferries are concerned. Amendment No 9: (Article 3 (2a)) \n\nThis sets out requirements in respect of the transport of dangerous \n\nsubstances. Comments: The checks envisaged by this provision are excessive, largely \n\nimpractical and entail too much red tape. Amendment No 10-, (Art icle 4 (2a) ) \n\nThis gives seafarers the right to medical examination at ports of call. Comments: This provision would be of little practical value and would, in \nmany cases, be unfeasible. Moreover, the emergency factor is already taken \ninto account in other provisions of the Directive, particularly \nArt icle 4 (3). Amendment No 11 : (Article 5 (3)) \n\nThis relates to information and training programmes for the captain and other \npersons as regards both the provision of medical treatment and preventive \naspects. Comments : These elements are already covered by the wording of Article 5 (3) \nof the common position, the content of Annex V and the principles laid down \nin Council Directive 89/391/EEC (0J No L 183 Of 29 June 1989, p. 1). Amendment No 12: (Article 7 (2)) \n\nThis makes reference to ILO Convention No 164 and reinforces the checks to be \ncarried out on medical supplies on life-rafts. Comments: Firstly, the ILO Convention in question does not cover life-rafts \nin the terms of the present Directive-, secondly, checks of medical supplies \non life-rafts as envisaged by the amendment are inappropriate. Amendment No 13: (Article 8 (3)) \n\nThis modifies the procedure involving the committee responsible for \nadaptation of the annexes of the Directive. Comments: The regulatory committee procedure should be retained in accordance \nwith established practice. Amendment No 14: (Article 8 (3) new) \n\nThis provides for consultation of the Joint Committee on Maritime Transport. Comments: Such consultation is already provided for in Commission \nDecision 87/467/EEC of 31 July 1987 (OJ L 253 of 4 September 1987, p. 2 0 ). Amendment No 17: (Annex II, Section I (2) (c)) \n\nThis extends the availability of laxatives to category B vessels. Comments : Little medical justification for this amendment. Amendment No 18: (Annex II, Section II (1)) \n\nThis extends the availability of oxygen to category C vessels. Comments : There is little medical justification for this amendment; moreover, \nmany vessels in category C do not have industrial oxygen on board. Amendment No 19: (Annex Ilia) \n\nThis amendment introduces a list of dangerous wastes. Comments : Annex III refers to a version of the International Maritime \nDangerous Goods Code which contains all the necessary details. Amendments No 20 and 21 : (Annex IV) \n\nThese amend the content of the captain's training and make reference to the \nguidance document published by the ILO and IMO. Comments: These aspects of training are already mentioned in the text of the \ncommon position-, moreover, it is inappropriate to make a direct reference to \nthe IM0/IL0 guide, since the Community has no control over its content. DIRECTIVE ON MEDICAL TREATMENT \n\nRevised Commission proposal in \naccordance with Article 149(2)(d) \n\nCommon position adopted by the Counc \n1/10/91 \n\non \n\nJ* \n\n(Where there is no entry in this \nppl|i(T)n, the common position \nremains unchanged. ) \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing \nthe European Economic Community and in \nparticular Article 118a thereof, \n\nHaving regard to the proposal from the \nCommission^1), drawn up after \nconsultation with the Advisory Committee \non Safety, Hygiene and Health Protection \nat Work, \n\nIn co-operation with the European \nPar I iament^2), \n\nHaving regard to the Opinion of the \nEconomic and Social Committee^), \n\nWhereas the Commission communication on \nits programme concerning safety, hygiene \nand health at work^4) envisages measures \nto ensure medical treatment at sea; \n\nWhereas the safety and health of workers \non board a vessel, which constitutes a \nworkplace involving a wide range of risks, \nbearing in mind, inter alia, its \ngeographical isolation, where appropriate, \nrequire special attention; \n\nWhereas vessels should have adequate \nmedical supplies, kept in good order and \nchecked at regular intervals, so that \nworkers can obtain the necessary medical \ntreatment at sea-, \n\nWhereas, in order to ensure appropriate \nmedical treatment at sea, training and \ninformation of seafarers should be \nencouraged as regards the use of medical \nsuppl ies-, \n\nWhereas the use of long-distance medical-\nconsultation methods constitutes an \nefficient way of contributing to the \nprotection of the safety and health of \nworkers, \n\nHAS ADOPTED THIS DIRECTIVE: \n\n(1) OJ No C 183, 24. 7. 1990, p. 6 and 0J \n\nNo C 74, 20. 3. 1991, p. 11. (2) OJ No C 48, 25. 2. 1991, p. 154 and \n\nDecision of (not yet published in \nthe Off icial Journal). Art icle 1 \n\nDef ini t ions \n\nFor the purposes of this Directive the \nfollowing terms shall have the following \nmeanings: \n\na) vessel: any vessel flying the flag of a a) vessel: any vessel flying the \n\nflag of a Member State or \nregistered in a Member State, \nseagoing or estuary-fishing, \npublicly or privately owned, \nexcluding: \n\nMember State, seagoing or estuary-\nfishing, publicly or privately owned, \nexcluding: \n\ninland navigation vessels; \n\n- warships; \n- pleasure boats used for non \n\ncommercial purposes and not manned \nby professional crews; \n\n- tugs operating in harbour areas. Vessels shall be classed in three \ncategories in accordance with Annex I; \n\nb) worker: any person carrying out an \n\noccupation on board a vessel, including \ntrainees and apprentices, but excluding \nport pilots and shore personnel \ncarrying out work on board a vessel at \nthe quayside. c) owner: the registered owner of a vessel \nunless that vessel has been chartered \nby demise or is managed, either wholly \nor in part, by a natural or legal \nperson other than the registered owner \nunder the terms of a management \nagreement; in that case the owner shall \nbe construed as the demise charterer or \nnatural or legal person managing the \nvessel as appropriate; \n\nd) medical supplies: medicines, medical \n\nequipment and antidotes, a non-\nexhaustive list of which is given in \nAnnex I I. e) antidote: a substance used to prevent \nor treat a harmful effect or effects, \ndirect or indirect, of one or more \nsubstances on the list of dangerous \nsubstances in Annex M l. Art icle 2 \n\nMedicines and medical equipment \nSick-bay - Doctor \n\nEach Member State shall take the measures \nnecessary to ensure that: \n\n1)(a) every vessel flying its flag always \n\n1)(a) every vessel flying its \n\ncarries on board medical supplies \nwhich meet at least, in terms of \nquality, the specifications of Annex \nII sections I and II for the \ncategory of vessel to which it \nbelongs; \n\n(b) the quantities of medicinal products \n\nand medical equipment to be carried \ndepend on the nature of the voyage -\nin particular ports of call, \ndestination, duration - the type or \ntypes of work to be carried out \nduring the voyage, the nature of the \ncargo and the number of workers; \n\n(c) th* content of the medicines and \n\nmedical equipment included in the \nmedical supplies shall be detailed \non a checklist corresponding at \nleast to the general framework laid \ndown in Annex IV, sections A, B and \nC II 1 and II 2; \n\n2)(a) for each of its life-rafts and life \nboats, every vessel flying its flag \ncarries a watertight medicine chest \nat least containing the medical \nsupplies specified in Annex II, \nsections I and II, for category C \nvessels; \n\n(b) the content of these chests is also \n\ndetailed on the checklist referred \nto in paragraph 1(c); \n\n3) every vessel flying its flag of more \n\nthan 500 gross registered tonnes, with \na crew of 15 or more workers, engaged \non a voyage of more than three days, \nhas a sick-bay in which medical \n\nflag or registered under \nits jurisdiction always \ncarries on board medical \nsupplies which meet, at \nleast in terms of quality, \nthe specifications of Annex \nI I sect ions I and I I for \nthe category of vessel to \nwhich it belongs; \n\n3) every vessel flying its flag \n\nor registered under its \njurisdiction of more than 500 \ngross registered tonnes, with \na crew of 15 or more workers, \nengaged on a voyage of more \nthan three days, \n\n\ftreatment can be administered under \nsatisfactory material and hygienic \ncond i t ions-, \n\nhas a sick-bay in which \nmedical treatment can be \nadministered under \nsatisfactory material and \nhygienic condi t ions; \n\n4) every vessel flying its flag with a \n\n4) every vessel flying its flag \n\ncrew of 100 or more workers, engaged on \nan international voyage of more than \nthree days, has a doctor on board. or registered under its \njurisdiction with a crew of \n100 or more workers, engaged \non an international voyage of \nmore than three days, has a \ndoctor on board responsible \nfor the medical care of the \nworkers; \n\n5) when, in accordance with Annex \n\nI, category B is extended to \ncover longer trips, the \nhelicopter rescue services \nprovided for are available and \noperational and the captains \nof the vessels concerned are \ninformed regularly of their \nava i lab i I i ty. Art icle 3 \nAnt idotes \n\nEach Member State shall take the measures \nnecessary to ensure that: \n\n1) any vessel flying its flag and carrying 1) any vessel flying its flag or \n\nany of the dangerous substances listed \nin Annex III carries on board medical \nsupplies including at least the \nantidotes listed in Section I I I of \nAnnex I I ; \n\nregistered under its \njurisdiction and carrying any \nof the dangerous substances \nlisted in Annex III carries on \nboard medical supplies \nincluding at least the \nantidotes listed in Section II \nof Annex I I ; \n\n2) any ferry-type vessels flying its flag \nwhose conditions of operation do not \nalways allow them to know well enough \nin advance the nature of the dangerous \nsubstances being transported has on \nboard medical supplies including at \nleast the antidotes listed in Section \nI I I of Annex I I. However, on a regular route where the \ncrossing is due to last less than two \nhours, the antidotes may be limited to \nthose which have to be administered in \ncases of extreme emergency within a \nperiod of time not exceeding the normal \nduration of the crossing; \n\n\f3) the contents of the medical supplies, \n\nas regards antidotes, shall be detailed \non a check list corresponding at least \nto the general framework laid down in \nAnnex IV, sections A, B and C, 1 1 3. Art icle 4 \n\nAllocation of responsibilities \n\nEach Member State shall take the measures \nnecessary to ensure that: \n\n1)(a) the provision and replenishment of \nthe medical supplies of any vessel \nflying its flag are undertaken on \nthe exclusive responsibility of the \nowner, without any expense to the \nworkers; \n\n(b) the management of the medical \nsupplies is placed under the \nresponsibility of the captain of the \nvessel; he may, without prejudice to \nthis responsibility, delegate the \nuse and maintenance of the medical \nsupplies to one or more workers \nspecially designated by reason of \ntheir competence-, \n\n2) the medical supplies are maintained in \n\ngood condition and replenished and/or \nreplaced as soon as possible, and in \nevery case as a priority part of normal \nrevictualI ing procedures; \n\n3) in an emergency established by the \n\ncaptain as far as possible after having \nobtained a medical opinion, the \nrequired medicines, medical equipment \nand antidotes which are not available \non board are made available as soon as \npossible. Art icle 5 \n\nInformation and training \n\nEach Member State shall take the measures \nnecessary to ensure that: \n\n1) medical supplies are accompanied by one \n\nor more guides to their use, including \ninstructions for use of at least the \nantidotes required in Annex II section \nI I I ; \n\n\f/lo \n\n2) all persons receiving professional \n\nmaritime training and intending to work \non board ship have been given basic \ntraining in the medical and emergency \nmeasures to be taken immediately in the \nevent of an accident or serious medical \nemergency; \n\n3) the captain and any worker or workers \nto whom he delegates the use of the \nmedical supplies under Article 4(1)(b) \nhave received special training updated \nperiodically, at least every five \nyears, taking into account the specific \nrisks and needs connected with the \ndifferent categories of vessel and in \naccordance with the general guidelines \nset out in Annex V. Art icle 6 \n\nMedical consultations by radio \n\n1) To ensure better emergency treatment \nfor workers, each Member State shall \ntake the measures necessary to ensure \nthat: \n\n(a) one or more centres are designated \n\nto provide workers with free medical \nadvice by radio-, \n\n(b) some of the doctors providing their \nservices for the radio consultation \ncentres have been trained in the \nspecial conditions prevailing on \nboard ship. 2) In order to optimise the advice given, \n\nthe radio consultation centres may keep \npersonal medical records, with the \nagreement of the workers concerned. Such records shall remain confidential. Art icle 7 \n\nInspect ion \n\n1) Each Member State shall take the \n\nmeasures necessary to ensure that \ncompetent person or a competent \nauthority carries out an annual \ninspection to check that on board \nvessels flying its flag: \n\n\f'\"J \n\n- the medical supplies meet the \nminimum requirements of this \nDi rect ive; \n\n- the checklist provided for in \n\nArticle 2(1)(c) confirms that the \nmedical supplies comply with those \nminimum requirements; \n\n- the medical supplies are correctly \n\nstored; \n\n- any expiry dates have been \n\nrespected. 2) Inspections of the medical supplies \n\nstored on life-rafts shall be carried \nout in the course of those life-rafts' \nannual maintenance. Those inspections may exceptionally be \npostponed for up to five months. Art icle 8 \n\nCommi ttee \n\nWith a view to the strictly technical \nadaptation of the Annexes to this \nDirective in the light of technical \nprogress or changes in international \nregulations or specifications and new \nfindings in this field, the Commission \nshall be assisted by a committee \ncomposed of the representatives of the \nMember States and chaired by the \nrepresentative of the Commission. The representative of the Commission \nshall submit to the committee a draft \nof the measures to be taken. The \ncommittee shall deliver its opinion on \nthe draft, within a time limit which \nthe chairman may lay down according to \nthe urgency of the matter. The opinion \nshall be delivered by the majority laid \ndown in Article 148(2) of the Treaty in \nthe case of decisions which the Council \nis required to adopt on a proposal from \nthe Commission. The votes of the \nrepresentatives of the Member States \nwithin the committee shall be weighted \nin the mannner set out in that Article. The Chairman shall not vote. ^ \n\n3) The Commission shall adopt the measures \nenvisaged if they are in accordance \nwith the opinion of the committee. If the measures envisaged are not in \naccordance with the opinion of the \ncommittee, or if no opinion is \ndelivered, the Commission shall, \nwithout delay, submit to the Council a \nproposal relating to the measures to be \ntaken. The Council shall act by a \nquaii f ied major ity. If, on the expiry of a period of three \nmonths from the date of referral to the \nCouncil, the Council has not acted, \nthe proposed measures shall be adopted \nby the Commission. Art icle 9 \n\nFinal provisions \n\n1) Member States shall bring into force \n\nthe laws, regulations and \nadministrative provisions necessary to \ncomply with this Directive by 31 \nDecember 1995. They shall forthwith \ninform the Commission thereof. 1) Member States shall bring into \nforce the laws, regulations \nand administrative provisions \nnecessary to comply with this \ndirective by 31 December 1992. They shall forthwith inform \nthe Commission thereof. When Member States adopt these \nmeasures, such measures shall contain a \nreference to this Directive or shall be \naccompanied by such reference on the \noccasion of their official publication. The methods of making such a reference \nshall be laid down by the Member \nStates. 2) Member States shall communicate to the \nCommission the texts of the provisions \nof national law which they have already \nadopted or which they adopt in the \nfield governed by this Directive. 3) Member States shall report to \nthe Commission every four \nyears on the implementation of \nthe provisions of this \nDirective, and in particular \nof Article 2 ( 5 ), giving the \nviews of the two sides of \nindustry. The Commission shall inform \nthe European Parliament, the \nCounci I, the Economic and \nSocial Committee and the \nAdvisory Committee for Safety, \nHygiene and Health at Work. \"fa \n\n4) The Commission shall report \n\nperiodically to the European \nParliament, the Council and \nthe Economic and Social \nCommi ttee on the \nimplementation of this \nDirective, taking into account \nparagraphs i, % and 3. Art icle 10 \n\nThis Directive is addressed to the Member \nStates. Done at Brussels, \n\nFor the Counci \n\nThe President \n\nAnnexes: (unchanged) \n\n\fIV \n\nISSN 0254-1475 \n\nCOM(91) 552 final \n\nDOCUMENTS \n\nEN \n\n05 04 \n\nCatalogue number : CB-CO-91-603-EN-C \n\nISBN 92-77-79126-8 \n\nOffice for Official Publications of the European Communities \nD-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/677f4b5d-54e6-4d13-b8b7-5b81119e0aec", "title": "Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) No 3301/91 on the arrangements for imports of certain textile products originating in Yugoslavia", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-19", "subjects": "Yugoslavia,quantitative restriction,textile product", "workIds": "celex:51991PC0556,comnat:COM_1991_0556_FIN", "eurovoc_concepts": ["Yugoslavia", "quantitative restriction", "textile product"], "url": "http://publications.europa.eu/resource/cellar/677f4b5d-54e6-4d13-b8b7-5b81119e0aec", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN CGMiflDNITIES \n\nC0MC91) 556 final \n\nBrussels\u00bb ^9 December 1991 \n\nProposal for a \n\n\u00c7QUN\u00c7It, REQUIATIQN (EEC) \n\namending Regulation (EEC) No 3301/91 \non the arrangements for Imports of certain textile products \noriginating in Yugoslavia \n\n(presented by the Commission) \n\n\fCOUNCIL REGULATION (EEC) No. /91 \n\nOf. amending Regulation (EEC) No 3301/91 \non the arrangements for imports of certain textile products \noriginating In Yugoslavia \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \nand in particular Article 113 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas Council Regulation (EEC) tJo 3301/911 established Community \nquantitative quotas for imports of certain textile products originating in \nYugoslavia, following the suspension by Regulation (EEC) No 3300/912 of \nthe trade concessions provided for in the Cooperation Agreement concluded \nby the European Economic Community and its Member States with Yugoslavia \nand in related protocols and instruments, including the Additional Protocol \non trade in textile products; \n\nWhereas the conditions which led to the establishment of the quantitative \nquotas sti11 exist; \n\nWhereas the existing arrangements should be maintained for 1992; whereas \nRegulation (EEC) No 3301/91 should therefore be amended in order to carry \nover the existing quantitative quotas and other provisions into 1992, \n\nHAS ADOPTED THIS REGULATION: \n\n1 OJ No L 315, 15. 11. 1991, p. 3. 2 0J No L 315, 15. 11. 1991, p. 1. 3 \n\nArticle 1 \n\nRegulation (EEC) No 3301/91 Is hereby amended as follows: \n\n1. In Articles 1(1) and 2(1) and In She second paragraph of Article 14, \n\n1991 is replaced by 1992. 2. The last sentence of Article 1(1) is deleted. 3. The descriptions and codes applying to the categories of textile \n\nproducts listed in Annex I to this Regulation replace the descriptions \nand codes applying to the same categories as they appear in Annexes I \nand II to Regulation (EEC) No 3301/91. 4. In column 7 of Annex II and Appendices A and B of Annex III, 1991 is \n\nreplaced by 1992. Article 2 \n\nThis Regulation shall enter into force on the day following that of its \npublication in the Official Journal of the European Communities. It shall apply from 1 January 1992 to 31 December 1992. This Regulation shall be binding in its entirety and directly applicable in \na 11 Member States. Done at Brussels, \n\nFor the CounciI, \n\n\fU Ni \n\n'ANNEX I \n\nMen's or boys* woven breeches, shoos ochcr than swimwear and \ntrousers (including slacks); women's or girls woven trousers and slacks, \nof wool, of cotton or of man-made fibres y \nLower parts of tracksuits with lining, \n\nother than c a t e g o r y^ or 29, of cotton \n\nor of man-made fibres \n\n1 \n\nCategory \n\n6 > \n\n6203 41 10 \n6203 4190 \n6203 42 31 \n6203 42 33 \n6203 42 35 \n6203 42 90 \n6203 43 19 \n6203 43 90 \n6203 49 19 \n6203 49 50 \n\n6204 61 10 \n6204 62 31 \n6204 62 33 \n6204 62. 39 \n6204 63 18 \n6204 69 18 \n\n6211 32 42 \n6211 33 42 \n6211 42 42 \n6211 43 42 \n\n11 Men's or boys* suits and ensembles; other than knitted or crocheted, of \n\nwool, of cotton or of man-made fibres, excluding ski suits 'f \nMen's or boys' tracksuits with lining, \nwith an outer shell of a single identical \nfabric, of cotton or of man-made fibres \n\nParkas; anoraks, windcheaters, waistcr jackets and the like, other than \nknitted or crocheted, of wool, of cotton or man-made fibres ' \n\nUpper parts of tracksuits with lining^ \n\nother than category i16 or 29, of cotton \n\nor of man-made fibres \n\n6203 1100 \n6203 12 00 \n6203 19 10 \n6203 19 30 \n6203 21 00 \n6203 22 80 \n6203 23 80 \n6203 29 18 \n\n6241-32 31 \n\n6211 33 31 \n\n\u00ab 6 2 0 1 1 2 10 \nex 6201 12 90 \nex 6201 13 10 \nex 6201 13 90 \n6201 91 00 \n6201 92 00 \n6 2 0 1 9 3 00 \n\nex 6202 12 10 \nex 6202 12 90 \nex 6202 13 10 \nex 6202 13 90 \n6202 91 00 \n6202 92 00 \n6202 93 00 \n\n29 \n\n6211 32 41 \n\n6211 33 41 \n6211 42 41 \n6211 43 41 \n\n6204 u oo \n6204 12 00 \n6204 13 00 \n6204 19 10 \n6204 21 00 \n6204 22 80 \n6204 23 80 \n6204 29 18 \n\n6211 42 31 \n6211 43 31 \n\nWomen's or girls\" suits and ensembles, other than knitted or crocheted, \nof wool, of cotton or man-made fibres, excluding ski suits \\ \n\nWomen's or girls' tracksuits with lining \nwith an outer shell of a single identical \nfabric, of cotton or of man-made fibres ,J \n\n\fISSN 0254-1475 \n\nCOM (91) 556 final \n\nDOCUMENTS \n\nEN \n\n02 \n\nCatalogue number : CB-CO-91-613-EN-C \n\nISBN 92-77-79333-3 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/40b7fd82-1223-4dbb-a823-72e5e5c88dc5", "title": "Council Regulation ( EEC ) No 3908/91 of 19 December 1991 on Community action to protect the environment in the coastal areas and coastal waters of the Irish Sea, North Sea, English Channel, Baltic Sea and North\u00adEast Atlantic Ocean ( Norspa )", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-19", "subjects": "EU financing,Northern Europe,coastal region,environmental protection,territorial waters", "workIds": "celex:31991R3908,oj:JOL_1991_370_R_0028_016", "eurovoc_concepts": ["EU financing", "Northern Europe", "coastal region", "environmental protection", "territorial waters"], "url": "http://publications.europa.eu/resource/cellar/40b7fd82-1223-4dbb-a823-72e5e5c88dc5", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f4dfe739-0f56-489d-9726-0fb052d03d5e", "title": "93/69/EEC: Council Decision of 19 December 1991 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on a common transit procedure", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-19", "subjects": "ACP-EU Convention,EFTA countries,agreement (EU),carriage of goods,customs transit", "workIds": "celex:31993D0069", "eurovoc_concepts": ["ACP-EU Convention", "EFTA countries", "agreement (EU)", "carriage of goods", "customs transit"], "url": "http://publications.europa.eu/resource/cellar/f4dfe739-0f56-489d-9726-0fb052d03d5e", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1993025EN. 01002601. xml\n\n\n\n\n\n\n\n\n\n\n2. 2. 1993\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 25/26\n\n\n\n\n\nCOUNCIL DECISION\nof 19 December 1991\nconcerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on a common transit procedure\n(93/69/EEC)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,\nHaving regard to the proposal from the Commission,\nWhereas Article 15 (2) of the Convention between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on a common transit procedure\u00a0(1) empowers the Joint Committee set up by that Convention to make recommendations for amendments to the Convention;\nWhereas the Convention has been amended to take account of recent changes to Community transit rules forming part of the reforms to that procedure with a view to the completion of the internal market by 1 January 1993;\nWhereas the amendments in question are set out in Recommendation No 1/91 of the Joint Committee; whereas the Agreement in the form of an exchange of letters relating to that recommendation should be approved,\nHAS DECIDED AS FOLLOWS:\nArticle 1\nThe Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on a common transit procedure is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2\nThe President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community. Done at Brussels, 19 December 1991. For the Council\n\n\nThe President\n\nP. DANKERT\n\n\n\n\n(1)\u00a0\u00a0OJ No L 226, 13. 8. 1987, p. 1"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8e24270d-c630-4e11-bf2d-db21fccff6a2", "title": "Council Decision of 19 December 1991 extending the period of application of Decision 82/530/EEC authorizing the United Kingdom to permit the Isle of Man authorities to apply a system of special import licences to sheepmeat and beef and veal", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-19", "subjects": "Isle of Man,United Kingdom,import licence,sheepmeat", "workIds": "celex:31991D0657,oj:JOL_1991_357_R_0098_068", "eurovoc_concepts": ["Isle of Man", "United Kingdom", "import licence", "sheepmeat"], "url": "http://publications.europa.eu/resource/cellar/8e24270d-c630-4e11-bf2d-db21fccff6a2", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/cf34f058-2cf2-4875-a529-c3882e15d3d6", "title": "Council Directive 91/675/EEC of 19 December 1991 setting up an insurance committee", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-19", "subjects": "advisory committee (EU),insurance company,life assurance,operation of the Institutions", "workIds": "celex:31991L0675,oj:JOL_1991_374_R_0032_009", "eurovoc_concepts": ["advisory committee (EU)", "insurance company", "life assurance", "operation of the Institutions"], "url": "http://publications.europa.eu/resource/cellar/cf34f058-2cf2-4875-a529-c3882e15d3d6", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d9ba6409-5781-454f-8b0b-235410417b85", "title": "OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE on the proposal for a Council Directive on the indication by labelling and standard product information of the consumption of energy and other resources of household appliances", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#opinion_eesc,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Economic and Social Committee", "date": "1991-12-19", "subjects": "consumer information,energy consumption,household electrical appliance,labelling,noise level", "workIds": "celex:51991AC1508,oj:JOC_1992_049_R_0032_01", "eurovoc_concepts": ["consumer information", "energy consumption", "household electrical appliance", "labelling", "noise level"], "url": "http://publications.europa.eu/resource/cellar/d9ba6409-5781-454f-8b0b-235410417b85", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c21b23cc-277b-4b07-8673-18414e7008ab", "title": "92/184/EEC: Council Decision of 19 December 1991 on the conclusion of agreements between the European Economic Community and certain third countries on international trade in textiles", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-19", "subjects": "international trade,textile product,trade agreement", "workIds": "celex:31992D0184", "eurovoc_concepts": ["international trade", "textile product", "trade agreement"], "url": "http://publications.europa.eu/resource/cellar/c21b23cc-277b-4b07-8673-18414e7008ab", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/137992df-f5bf-4482-a33c-e63c6a5a7e8e", "title": "Council Regulation (EEC) No 3836/91 of 19 December 1991 imposing a definitive anti-dumping duty on imports of dihydrostreptomycin originating in the People's Republic of China and definitively collecting the provisional anti-dumping duty", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-19", "subjects": "China,anti-dumping duty,anti-dumping legislation,antibiotic", "workIds": "celex:31991R3836,oj:JOL_1991_362_R_0001_031", "eurovoc_concepts": ["China", "anti-dumping duty", "anti-dumping legislation", "antibiotic"], "url": "http://publications.europa.eu/resource/cellar/137992df-f5bf-4482-a33c-e63c6a5a7e8e", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f802dba8-1e35-413b-948d-246e491f0bd6", "title": "Council Regulation ( EEC ) No 3907/91 of 19 December 1991 on action by the Community relating to nature conservation ( ACNAT )", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-19", "subjects": "ecosystem,protected area,protection of animal life,protection of plant life", "workIds": "celex:31991R3907,oj:JOL_1991_370_R_0017_015", "eurovoc_concepts": ["ecosystem", "protected area", "protection of animal life", "protection of plant life"], "url": "http://publications.europa.eu/resource/cellar/f802dba8-1e35-413b-948d-246e491f0bd6", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/fc0673bb-bbd4-455e-bf86-03b101d148df", "title": "Amended proposal for a COUNCIL DIRECTIVE on minimum requirements to improve the mobility and the safe transport to work of workers with reduced mobility", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-19", "subjects": "means of public conveyance,means of transport,reintegration into working life,transport safety,worker with disabilities", "workIds": "celex:51991PC0539,comnat:COM_1991_0539_FIN,oj:JOC_1992_015_R_0018_01", "eurovoc_concepts": ["means of public conveyance", "means of transport", "reintegration into working life", "transport safety", "worker with disabilities"], "url": "http://publications.europa.eu/resource/cellar/fc0673bb-bbd4-455e-bf86-03b101d148df", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 539 final - SYN 327 \n\nBrussels,19 December 1991 \n\nAmended proposal for a \n\nCOUNCIL DIRECTIVE \n\non minimum requirements to improve the mobility and the safe \n\ntransport to work of workers with reduced mobility \n\n(presented by the Commission pursuant to Article 149(3) \n\nof the EEC Treaty) \n\n\fEXPLANATORY MEMORANDUM \n\nAmended proposal for a \n\nCOUNCIL DIRECTIVE \n\non minimum requirements to improve the mobility and the safe \n\ntransport to work of workers with reduced mobility \n\nSubsequent to the European Parliament's opinion on first reading on \n20. 11. 1991, the Commission is presenting to the Council, under \nArticle 149(3) of the EEC Treaty, an amended proposal for a directive \nThe proposed amendments are of four main types: \n\nOne group of amendments is intended to bring certain definitions or \nexpressions into line with similar provisions already contained in \nother texts, more particularly the proposal for a Decision concerning \nthe HELIOS II programme. A number of provisions have had certain additions made \n\nOne set of amendments makes the point that certain measures provided \nfor in the Directive are to be free of charge. Finally, there is one amendment which gives a shorter deadline for \n\none of the dates of entry into force. The Commission's amended proposal thus retains the same overall structure \nand the same objectives, but simply develops and clarifies certain of the \nprovisions. Initial Connmittion \npropotal \n\nAmended propotal purtuant \nto Article 149/3 EEC \n\n25 November 1991 \n\nPropotal for a Council Directive on minimum \nrequirement* to improve the mobility and the tafe \ntrantport to work of workers with reduced mobility \n\n(The original text remaint unchanged unlett there it an \nentry in thit column. ) \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES. Having regard to the Treaty ettablIthing the European \nEconomic Community, and in particular Article 118a \nthereof, \n\nHaving regard to the propotal from the \nCommissi onv'/, drawn up after consulting the \nAdvitory Committee on Safety, Hygiene and Health \nProtection at Work, \n\nIn cooperation with the European Parliament (2) \n\nHaving regard to. the opinion of the Economic and \nSocial Committee^3', \n\nWhereat Article 118a of the EEC Treaty providet that \nthe Council thai I adopt, by meant of direct!vet, \nminimum requirements to encourage improvement!, \nespecially in the working environment, as regards the \nhealth and tafety of workers; \n\nWhereas, pursuant to the above Article, such \nDirectives must avoid imposing administrative, \nfinancial and legal constraints in a way which would \nhold back the creation and development of small and \nmedium-sized undertakings; \n\nWhereas, under the terms of point 26 of Title I of \nthe Community Charter of the Fundamental Social \nRights of Workers, all disabled persons, whatever the \norigin and nature of their disablement, must be \nentitled to additional concrete measures aimed at \nimproving their social and professional integration; \nwhereas these measure! mutt concern, in particular, \naccording to the capacitiet of the beneficiarlet, \naccessibility, mobility and means of transport; \n\nWhereas it is appropriate to supplement existing or \nfuture Community legislation on the safety and health \nof workers with reduced mobility at the workplace, by \nprovisions that will assist them in gaining access to \nemployment and thus reduce the hazards specifically \naffecting them during travel to work; \n\nWhereas it is clear that modes of transport which do \nnot take account of the needs of workert with reduced \nmobility give rite to hazardt to the health and \ntafety of thete pertont; \n\nTTroT \n(21 OJ \n\nPage 2 \n\n\fInitial Commission \npropotal \n\nAmended propotal purtuant \nto Article 149/3 EEC \n\nWhereat it mutt be pottible for workert with reduced \nmobility to ute trantport to travel to and from work \nwithout running any more rltkt than other workert; \nwhereat the tafety and health in the working \nenvironment of workert with reduced mobility mutt be \nattured by adopting the requitite meaturet to enable \nthem to travel tafely to and from work; \n\nWhereat the meaturet to improve mobility and \ntrantport concern workert with reduced mobility, \nregardlett of whether their handicap it of a phytical \n\u2022 including tentory - or mental origin; \n\nWhereat the meaturet to improve mobility and trantport \nconcern workert with reduced mobility, regardlett of \nwhether their handicap It of a phytical (Including \ntentory) or mental (including ptychicol) origin; \n\nWhereat the choice thould be left to the Member \nStatet at regarde, on the one hand, the optIont of \ngiving workert with reduced mobility accett to public \ntrantport, trantport organized by the employer or \ntpecial trantport tervicet for the ditabled, and on \nthe other hand, creating incentivet to attltt \ntrantport of the ditabled on condition that tuch \nmeaturet have an equivalent effect; \n\nWhereat it it therefore appropriate to lay down \nminimum requirements to enture that workert with \nreduced mobility can avail themselves of tufficient \nmeant of transport adapted to their special needs; \nwhereas such needs include access to transport, the \naccessibility of the means of trantport, the \nfacilitiet enabling workert with reduced mobility to \ntravel tafely, and the tignt identifying tuch meant \nof trantport; \n\nWhereat to take into account the cott of converting \nmeant of trantport to make them accettible to workert \nwith reduced mobiIity, it it appropriate to provide \nfor alternative measures which, while guaranteeing \nsafe travel, offer the necessary flexibility for \nfinding solutions adapted to the particular \nci rcumstances; \n\nWhereas, where the employer provides the transport to \nwork for his workers, he must be obliged to bear in \nmind the specific needs of those of his workert, \napprenticet and traineet with reduced mobility; \n\nWhereat in a large majority of Member Statet there \nare special transport services intended for disabled \npersons, laid on by public and private bodies; \nwhereas for reosons of economic cost and in keeping \nwith the Commission's overall and consistent policy \nof economic and social integration of the disabled, \npriority must be given to the most severely disabled \nfor the use of such special transport services; \n\nWhereas special attention needs to be given to the \nproblem of training and informing workers with \nreduced mobility to enable them to make optimum use \nof the means of transport at their disposal; whereas, \nin this respect, appropriate training should be \nprovided for the staff of public transport available \nto workers with reduced mobility to help reduce or \neliminate the risk inherent in travel for such \npersons; \n\nPa9*3 \n\n\fInitial Commission \npropotal \n\nAmended propotal purtuont \nto Article 149/3 EEC \n\nWhereot providing meant of trantport adapted to the \nneedt of workert with reduced mobility thould not \nengender any additional financial burden for \ntrantport for tuch workert; whereat thit thould \nlikewite apply to workert with reduced mobility who, \nbecaute of their handicap, need to be accompanied by \nanother perton or a guide dog if they are to make ute \nof public trantport; \n\nWhereot thit Directive maket a contribution to the \nimplementation of the aimt tet out in the European \nParliament retolution of 16 September 1987 \u00b0n the \ntrantport of handicapped and elderly persons^4', \nwhich stressed the importance of mobility as being \nessential in finding and retaining a suitable job; \n\nWhereas it would be advisable, in order to meet the \nspecific requirements of workers with reduced \nmobility, for schemes receiving financial assistance \nfrom the Structural Funds to take occount of the aimt \nof thit Di rective; \n\nWhereat thit Directive maket a contribution to the \nimplementation of the aimt tet out in the European \nParliament retolution of 16 September 1987 on the \ntrantport of handicapped and elderly pertont'4', which \nttretted the importance of mobility at being ettentioi \nin finding and retaining a tuitable job, and which \nrecommended In particular the technical convertion of \nmeant of transport so at to facilitate accett; \n\n,_. , \u201e ,, , \u201e_. \u201e. J \n\nPage L \n\n\fInitial Commission \nproposal \n\nAmended propotal purtuant \nto Article 149/3 EEC \n\nHAS ADOPTED THIS DIRECTIVE: \n\nArticle 1 \n\nThe purpote of thit Directive it to facilitate the \ntafe travel of workert with reduced mobility in order \nto attitt them in gaining accett to employment. The purpote of thit Directive it to facilitate the tafe \ntravel of workert with reduced mobility to and from \ntheir place of work. Article 2 \n\nFor the purpotet of thit Directive, \n\na) \"worker with reduced mobility\" tha11 mean any \n\nworker who has special difficulty In using public \ntrantport owing to a ter tout handicap of a \nphytical or mental origin. o) \"worker with reduced mobiIIty\" thai I mean any worker \nwho hat tpecial difficulty in utlng public trantport \nfor hit occupational acttvitiet owing to a teriout \nhandicap of o phytical or mental origin. b) \"meant of trantport\" thai I mean \n\n- public trantport, \n- trantport provided by the employer, \n- tpecial trantport tervicet for the ditabled. Article 3 \n\nIn order to fulfil the aimt tet out in Article 1, the \nMember Statet thali take \n\na) the requitite meaturet to enture that meant of \ntransport are provided and are accessible, \nallowing for the interchangeabiIity of means of \ntransport, or \n\nb) all measures to facilitate the transport of \n\nworkers with reduced mobility, on condition that \nthese hove an effect equivalent to the measures \nmentioned in a ). The means of transport provided for workers with \nreduced mobility must meet the minimum requirements \nlaid down in the Annex. Article 4 \n\nThe Member States shall take measures to promote \n\na) training schemes to help workers with reduced \n\nmobility travel in safety; \n\na) training tchemet free of charge to help workert with \n\nreduced mobiIity travel in tafety; \n\nb) the requisite training for the staff of public \n\ntransport companies to help workers with reduced \nmobility use the transport provided for them; \n\nb) the requitite training for the ttaff of trantport \n\ncomponiet to help workert with reduced mobility ute \nthe trantport provided for them; \n\nc) information and advice for workert with reduced \n\nmobiIity. c) information and advice for the public in retpect of \n\nthe needt of workert with reduced mobility, and free \nof charge for tuch workert. Article 5 \n\nWhen workert with reduced mobility cannot travel \nwithout the help of an accompanying perton or tome \nother form of assistance, the Member States shall \ntake meosures to ensure that such assistance does not \ngive rise to additional transport costs for the \nworkers in question. Poge\u00a3 \n\n\fAmended proposal purtuant \nto Article 149/3 EEC \n\nb) no later than 31 December 1992 for the measures \n\nreferred to in Article 5 to enable the said meaturet \nto be implemented no later than 31 December 1993. Initial Commission \nproposal \n\nArticle 6 \n\nThe Commission shall draw up every two yeart a report \non the implementation by the Member Statet of \nmeaturet covered by Articlet 3, 4 and 5 and thai I \ntransmit thit to the European Parliament, Council and \nEconomic and Social Committee. Article 7 \n\nThit Directive thai I not prejudice any exitting or \nfuture national or Community provisions which of \nmore favourable to the tafe travel of workert with \nreduced mobiIity. Article 8 \n\n1. The Member Statet thai I bring into force the \n\nlowt, regulationt and administrative provitiont \nrequired to conform with thit Directive \n\na) no later than 31 December 1992 by pr\u00eatenting a \n\ntimetable for the implementation of the \nmeasures referred to in Articles 3 and 4 by \n31 December 1999; \n\nb) no later than 31 December 1992 for the \n\nmeasures referred to in Article 5 to enable \nthe said measures to be implemented no later \nthan 31 December 1994. They shall inform the Commission directly of \ntheir implementation. When Member States adopt these provisions, these \nshall contain a reference to this Directive or shall \nbe accompanied by such reference at the time of their \nofficial publication. The procedure for such \nreference shall be adopted by Member States. Article 9 \n\nThis Directive is addressed to the Member States. Done at \nFor the CounciI \n\nP a g e\u00ae \n\n\fAmended propotal purtuant \nto Article 149/3 EEC \n\nInitial Commission \nproposal \n\nAnnex \n\nMinimum requirements \n(Article 3a) \n\nGeneral remarks \n\nThe obligations laid down in this annex or9 \napplicable whenever the characteristics of the public \ntrantport facititiet or their infrattructure to \nrequire. I. ACCESS TO TRANSPORT \n\nTrantport mutt be made available to workert with \nreduced mobility in tuch a way at to meet their \ntpecial trantport needt. Thit meant a tufficient \nnumber and frequency of tervicet and appropriate \ntrontport tchedulet. II. ACCESSIBILITY OF MEANS OF TRANSPORT PROVIDED FOR \n\nWORKERS WITH REDUCED MOBILITY \n\nThe minimum requirements set out below concern \nthe measures adopted to give application to point \nI above. a) Safe access to and from transport facilities \n(entrance/exit) for workert with reduced \nmobility thould be provided in one of three \npossible ways: \n\n- either by built-in technical aids such os \nlowered floors, lifting platforms, etc. - or by technical aids external to the \n\ntransport vehicle, for example at the stop \nor platform, such as mobile ramps, low-lift \nelevating platform trucks, folding \nplatforms, etc. - or by personal assistance from specially \n\ntrained transport company staff. b) At least one entrance/exit must be designed to \n\nallow workers with reduced mobility to \nboard/alight from the mode of transport \nsafely. c) Accessibility implies compatibility between \n\nthe means of transport and the corresponding \ninfrastructure to ensure that the worker with \nreduced mobility has safe access to the said \nmeans of transport. Page X* \n\n\fInitial Commission \nproposal \n\nAmended proposal pursuant \nto Article 149/3 EEC \n\nIII. FACILITIES TO BE PROVIDED IN THE MEANS OF \n\nTRANSPORT FOR WORKERS WITH REDUCED MOBILITY \n\nIII. FACILITIES AND SAFETY CONDITIONS IN MEANS OF \n\nTRANSPORT FOR WORKERS WITH REDUCED MOBILITY \n\nThe interior of the means of transport must \nprovide the following for workers with reduced \nmobility, in accordance with the specific \nrequirements of different types of handicap: \n\nInside the means of transport, the following \nprovisions must be made for workert with reduced \nmobility, in accordance with the tpecific \nrequirementt of the different typet of handicap: \n\n- reserved seats in sufficient number and in \n\nappropriate positions \n\n- corridors \n\n- toilet and washing facilities. - reterved teatt in tufficient number and in \n\nappropriate potitiont \n\n- corridort \n- toilet and wathing facilitiet \n- tignt to giye notice of ttopt. IV. SIGNS \n\nIV. SIGNS \n\nSigns for the use of the means of transport \nfor workers with reduced mobility, together \nwith the access facilities to the associated \ninfrastructure, must accord with the special \nneeds of the various types of workers with \nreduced mobiIity. Harmonised tignt for the ute of the meant of \ntrantport for workert with reduced mobility, \ntogether with the accett facilitiet to the \nattociated infrattructure, mutt accord with the \ntpecial needt of the variout typet of workert with \nreduced mobility and the different cotegoriet of \nditabled pertont. Page O \n\n\f\fISSN 0254-1475 \n\nCOM(91) 539 final \n\nDOCUMENTS \n\nEN \n\n07 \n\nCatalogue number : CB-CO-91-598-EN-C \n\nISBN 92-77-78991-3 \n\nOffice for Official Publications of the European Communities \nLr29S5 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/70436a7f-9ed6-4f7a-84ab-97b975254a0d", "title": "Catalogue syst\u00e9matique des dictionnaires se trouvant \u00e0 la biblioth\u00e8que, \u00e0 la direction de la traduction et de la terminologie et de la liste alphab\u00e9tique des p\u00e9riodiques disponibles au bureau de terminologie : situation au 30 mai 1983. Supplement aux Volumes I-II.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament", "date": "1991-12-17", "subjects": "documentary tool,multilingual dictionary", "workIds": "PUB_AX8348167", "eurovoc_concepts": ["documentary tool", "multilingual dictionary"], "url": "http://publications.europa.eu/resource/cellar/70436a7f-9ed6-4f7a-84ab-97b975254a0d", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2429af8f-0d17-4eff-895e-e9d97908ec64", "title": "Council Regulation ( EEC ) No 3881/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-west Atlantic", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-17", "subjects": "Eurostat,North-West Atlantic Fisheries Organisation,catch by species,fishing area,fishing statistics", "workIds": "celex:31991R3881,oj:JOL_1991_365_R_0019_005", "eurovoc_concepts": ["Eurostat", "North-West Atlantic Fisheries Organisation", "catch by species", "fishing area", "fishing statistics"], "url": "http://publications.europa.eu/resource/cellar/2429af8f-0d17-4eff-895e-e9d97908ec64", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/bcdfac8f-0cf5-4977-89ec-56b568104eda", "title": "Commission Regulation (EEC) No 3716/91 of 17 December 1991 amending Regulation (EEC) No 409/86 on methods of administrative cooperation to safeguard, during the transitional period, the free movement of goods between the Community as constituted on 31 December 1985 on the one hand and Spain and Portugal on the other and between those two new Member States", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-17", "subjects": "EU Member State,Portugal,Spain,administrative cooperation,free movement of goods", "workIds": "celex:31991R3716,oj:JOL_1991_351_R_0021_027", "eurovoc_concepts": ["EU Member State", "Portugal", "Spain", "administrative cooperation", "free movement of goods"], "url": "http://publications.europa.eu/resource/cellar/bcdfac8f-0cf5-4977-89ec-56b568104eda", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/35fc945f-17ff-4e20-95cf-589dd5b60be6", "title": "Commission Regulation (EEC) No 3677/91 of 17 December 1991 amending Regulation (EEC) No 3813/90 laying down the level of the accession compensatory amounts for milk and milk products applicable in trade between the Community of Ten and Portugal and between Portugal and third countries", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-17", "subjects": "Portugal,intra-EU trade,milk,milk product,monetary compensatory amount", "workIds": "celex:31991R3677,oj:JOL_1991_349_R_0018_036", "eurovoc_concepts": ["Portugal", "intra-EU trade", "milk", "milk product", "monetary compensatory amount"], "url": "http://publications.europa.eu/resource/cellar/35fc945f-17ff-4e20-95cf-589dd5b60be6", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a8f47ba0-b68c-4499-9ce6-ffb466130138", "title": "Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994 #", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Comoros,European Economic Community", "date": "1991-12-17", "subjects": "Comoros,catch area,fishing agreement,fishing licence", "workIds": "celex:21992A0111(01)", "eurovoc_concepts": ["Comoros", "catch area", "fishing agreement", "fishing licence"], "url": "http://publications.europa.eu/resource/cellar/a8f47ba0-b68c-4499-9ce6-ffb466130138", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f0a4f2ab-5701-41c4-9ab9-135da1d8395e", "title": "Proposal for a COUNCIL REGULATION ( EEC ) complementing Regulation ( EEC ) No 3587/91 extending into 1992 the application of Regulation ( EEC ) No 3833/90 applying generalized tariff preferences for 1991 in respect of certain agricultural products originating in developing countries with the view of reestablishing the benefit of these preferences in respect of the Republics of Bosnia\u00adHerzegovina, Croatia, Macedonia and Slovenia", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-17", "subjects": "Yugoslavia,generalised preferences,originating product,republic", "workIds": "celex:51991PC0553,comnat:COM_1991_0553_FIN", "eurovoc_concepts": ["Yugoslavia", "generalised preferences", "originating product", "republic"], "url": "http://publications.europa.eu/resource/cellar/f0a4f2ab-5701-41c4-9ab9-135da1d8395e", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 553 final \n\nBrussels, 17 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\ncomplementing Regulation (EEC) No 3587/91 extending into 1992 \n\nthe application of Regulation (EEC) No 3833/90 applying \n\ngeneralized tariff preferences for 1991 in respect of \n\ncertain agricultural products originating in developing \n\ncountries with the view of reestablishing the benefit \n\nof these preferences in respect of the Republics of \n\nBosnia-Her%egovina, Croatia/ Macedonia and Slovenia \n\n(presented by the Commission) \n\n\f4/ \n\nEXPLANATORY MEMORANDUM \n\nThe situation existing in Yugoslavia has lead the Council, on \nthe basis of a proposal from the Commission, to withdraw the benefit \nof generalized preferences to that country. The Community and its Member States, having decided,, within the \nframework of political cooperation, to apply selective positive \nmeasures in favour of those parties which contribrutes to progress \ntowards peace, it is appropriate to reestablish for these parties the \nbenefit of generalized preferences for agricultural products, not \ncovered by the autonomous regime, which has replaced the suspended \nprovisions of the cooperation agreement. This is the purpose of the present regulation proposal which \nthe Council is invited to adopt in order that it can enter into force \non 1 January 1992. !| \nIf \n\u2022l! \nj \n\n! \n\nh \n\n^ \n\n\f3 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\ncomplementing Regulation (EEC) No 3587/91 extending into 1992 \n\nthe application of Regulation (EEC) No 3833/90 applying \n\ngeneralized tariff preferences for 1991 in respect of \n\ncertain agricultural products originating in developing \n\ncountries with the view of reestablishing the benefit \n\nof these preferences in respect of the Republics of \n\nBosnia-Herzegovina, Croatia, Macedonia and Slovenia \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \nCommunities, and in particular Article 113 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas the Council, by Regulation (EEC) No 3302/91 (1), has withdrawn \nYugoslavia from the list of beneficiaries of generalized preferences, \n\nWhereas the Community and its Member States, within the framework of \npolitical cooperation, have with one accord decided to apply selective \npositive measures in favour of parties which contribute to progress \ntowards peace, \n\nWhereas it is therefore appropriate to reestablish in respect to those \nparties the benefit of generalized preferences applying to agricultural \nproducts as these are not covered by the autonomous regime which has \nreplaced the provisions of the Cooperation Agreement; \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nArticle 2 to Regulation (EEC) No 3587 /91 (2) is complemented by the \nfol lowing text : \n\n-Annex 111 to Regulation (EEC) No 3833/90 is complemented by a new part \nentit led as fol lows : \n\n\"C. OTHER BENEFICIARIES \n\nBosnia-Herzegovina \nCroatia \nMacedonia \nSlovenia \n\n( T T ^ J l J oT 315 , of 15. 11. 1991, page 46 \n(2) OJ No L 341, of 12. 12. 1991. page 1 \n\n\f\\\n\n\\\\ \n\nArticle 2 \n\nThis Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly \napplicable in all Member States. Done at Brussels, \n\nFor the CounciI, \nThe President \n\n\fISSN 0254-1475 \n\nCOM(91) 553 final \n\nDOCUMENTS \n\nEN \n\n11 03 02 \n\nCatalogue number : CB-CO-91-607-EN-C \n\nISBN 92-77-79160-8 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8dac5258-59f3-4eaf-be03-b01fdecaae5c", "title": "Commission Regulation (EEC) No 3680/91 of 17 December 1991 on the sale for delivery in Madeira and the Azores of cereals held by different intervention agencies", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-17", "subjects": "Azores,Madeira,cereals,intervention stock,sale", "workIds": "celex:31991R3680,oj:JOL_1991_349_R_0031_039", "eurovoc_concepts": ["Azores", "Madeira", "cereals", "intervention stock", "sale"], "url": "http://publications.europa.eu/resource/cellar/8dac5258-59f3-4eaf-be03-b01fdecaae5c", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6de71d65-bea0-44b8-a7ea-a6abdbf642d1", "title": "92/9/EEC: Council Decision of 17 December 1991 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-17", "subjects": "Comoros,catch area,fishing agreement,fishing licence", "workIds": "celex:31992D0009", "eurovoc_concepts": ["Comoros", "catch area", "fishing agreement", "fishing licence"], "url": "http://publications.europa.eu/resource/cellar/6de71d65-bea0-44b8-a7ea-a6abdbf642d1", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b9e9e349-4543-4f98-84b3-77abdfe53bb5", "title": "Council Regulation ( EEC ) No 3892/91 of 17 December 1991 laying down for 1992 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of certain non\u00admember countries in the 200\u00adnautical\u00admile zone off the coast of the French department of Guiana", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-17", "subjects": "French Guiana,fishery management,fishery resources,fishing licence,third country", "workIds": "celex:31991R3892,oj:JOL_1991_367_R_0079_025", "eurovoc_concepts": ["French Guiana", "fishery management", "fishery resources", "fishing licence", "third country"], "url": "http://publications.europa.eu/resource/cellar/b9e9e349-4543-4f98-84b3-77abdfe53bb5", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ce8e391c-b0c8-485c-983c-5492c221a775", "title": "Commission Regulation (EEC) No 3675/91 of 17 December 1991 amending Council Regulation (EEC) No 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-17", "subjects": "animal life,international trade,plant life,protected species,wildlife", "workIds": "celex:31991R3675,oj:JOL_1991_349_R_0013_034", "eurovoc_concepts": ["animal life", "international trade", "plant life", "protected species", "wildlife"], "url": "http://publications.europa.eu/resource/cellar/ce8e391c-b0c8-485c-983c-5492c221a775", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3e4496d9-427e-4ad5-b8c8-5d14950f58c7", "title": "Proposal for a COUNCIL REGULATION ( EEC ) on common rules for imports of textile products originating in Albania, Estonia, Latvia and Lithuania", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-17", "subjects": "Albania,Baltic States,certificate of origin,import,market supervision,textile product", "workIds": "celex:51991PC0542,comnat:COM_1991_0542_FIN", "eurovoc_concepts": ["Albania", "Baltic States", "certificate of origin", "import", "market supervision", "textile product"], "url": "http://publications.europa.eu/resource/cellar/3e4496d9-427e-4ad5-b8c8-5d14950f58c7", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 542 final \n\nBrussels, 17 December 1991 \n\nwk \n\nVSYr \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non common rules for imports of textile products originating \n\nin Albania, Estonia, Latvia and Lithuania \n\n(presented by the Commission) \n\n\fEXPLANATORY MEMORANDUM \n\n1. In accordance with the directives given by the Council on 23 September \n1991 and on 4 and 5 November 1991 concerning respectively the \nnegotiation of trade and cooperation agreements between the Community \nand Albania and between the Commmunity and the Baltic states, the \nCommission proposes to enter into consultations with these countries \nwith the aim of negotiating bilateral agreements on trade in textile \nproducts. Draft directives on this subject will be presented to the \nCouncil shortly. 2. The purpose of this proposal is to establish transitional trade \narrangements that are specifically applicable to imports of textile \nproducts falling within Section XI of the Combined Nomenclature and \noriginating in Albania and in the Baltic states; they will be applicable \nuntil the entry into force of the bilateral agreements referred to \nabove. 3. The establishment of such trade arrangements is a matter of urgency \nowing to the practical problems that may arise concerning the treatment \nof the products in question. 4. Following the opening of diplomatic relations between the Community and \nits Member States and the Baltic states, the EEC-USSR Textiles Agreement \nis no longer applicable to the Community's imports of textile and \nclothing products originating in these states. On this basis the arrangements proposed by the Commission provide for \naccess free of quantitative restrictions for all products falling within \nSection XI of the Combined Nomenclature originating in the Baltic \nstates. However, there is also provision for a system of prior \nsurveillance of imports of products subject to quantitative limits and \nconsultations under the EEC-USSR Agreement. This system is also \napplicable to products that have been subject to outward processing \noperations and for which quantitative quotas are set in the said \nAgreement. Protection measures are also provided for. The same system is proposed for certain textile products originating in \nAlbania. 5. Since the trade arrangements set out here will be replaced by the \narrangements decided on in the consultations referred to above, the \nsystem of surveillance provided for in this proposal will serve to \nmonitor trade trends in the products concerned in order to gather \nreliable economic data for the consultations. K \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No \n\non common rules for imports of textile products \noriginating in Albania, Estonia, Latvia and Lithuania \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \nand in particular Article 113 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas the Community and its Member States, at an extraordinary \nministerial meeting held in the framework of European political cooperation \non 27 August, confirmed their decision to establish diplomatic relations \nwith the Republics of Estonia, Latvia and Lithuania (hereinafter referred \nto as the \"Baltic states\") and emphasized their commitment to offer support \nfor these states' economic and political development; whereas the Agreement \nbetween the Community and the Union of Soviet Socialist Republics on trade \nin textile products, concluded on 3 June 1991,1 is therefore no longer \napplicable to textile products originating in these three countries-, \n\nWhereas, in accordance with the Council Mandate of 23 September 1991, \nconcerning the negotiation of an Agreement on trade and cooperation between \nthe Community and Albany, the Community also expects to finalize an \nAgreement on trade in textile products with Albania; \n\nWhereas common rules for imports should be established making provision, \npending the conclusion of bilateral agreements on trade in textile products \nwith Albania and the Baltic States, for prior Community surveillance of \nimports of certain such products, including those subject to outward \nprocessing operations; whereas, in this case, release for free circulation \nshould be subject to presentation of a standardized import document ; \nwhereas this document must be issued by the authorities of the Member \nStates within a certain time limit following a declaration or simple \nrequest of the importer; whereas this import document may be used only \npending a change in the import arrangements; \n\nWhereas determination of the origin of textile products imported from these \ncountries under these arrangements and the origin control procedures must \ncomply with the relevant Community rules; \n\nWhereas it Is in the Community's interest to ensure the fullest possible \nexchange of information between the Member States and the Commission on the \nresults of Community surveillance; \n\n1 OJ L 164, 26. 6. 1991, p. 1. - 2 -\n\nWhereas these arrangements must be compatible with the economic situation \nof the sector concerned in the Community; whereas, where appropriate, the \nnecessary measures must be taken to deal with difficulties that may arise \nin the Community-, \n\nWhereas to this end the Commission must be notified by the Member States of \nany threat arising from import trends that could necessitate recourse to \nemergency measures-, \n\nWhereas the Commission must be able to examine import terms, trends and \nvarious economic and trade aspects, and, where appropriate, the measures to \nbe adopted; \n\nWhereas a suitable framework has to be set up and a speedy, efficient \nprocedure established to monitor developments in trade in textile products \nand if necessary to introduce suitable quantitative restrictions; \n\nWhereas this Regulation derogates from Council Regulation No 3420/83 of \n14 November 1983 and Council Regulation No 1765/82 of 30 June 1982, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\n1. This Regulation shall apply to imports of products falling within \nSection XI of the Combined Nomenclature and originating in Albania and in \nthe Baltic states. 2. For the purposes of this Regulation, an \"originating product\" shall \ndefined in accordance with the Community legislation in force. The origin \nof products must be established by an origin certificate issued by the \nrelevant authorities of Albania and of the Baltic states or other forms of \nevidence authorized by the relevant Community legislation. 3. Subject to the provisions of this Regulation, imports into the Community \nof the textile products referred to in paragraph 1 shall not be subject to \nquantitative restrictions or measures having equivalent effect. Article 2 \n\n1. Imports of products listed in Annex I to this Regulation shall be \nsubject to prior Community surveillance in accordance with the procedures \nset out in Article 3. _ 3 -\n\n2. The provisions of paragraph 1 are also applicable to the products listed \nin Annex II to this Regulation that have been subject to outward processing \noperations in accordance with the relevant Community legislation. Article 3 \n\n1. The release for free circulation of products under Community \nsurveillance shall be subject to presentation of an import document. document shall be issued by the Member States free of charge for all \nquantities requested no later than five working days after the lodging of a \nsimple request by any Community importer in accordance with the national \nlegislation in force, wherever he may be established in the Community. This \n\n2. The importer's request must Indicate: \n\n(a) the name and address of the importer; \n\n(b) a description of the product, with reference to: \n\n- the CN codes \n- the country of origin; \n\n(c) the expected date(s) and place(s) of delivery. 3. For products subject to surveillance as provided for in Article 2, the \nMember States shall notify the Commission within the first 10 days of each \nmonth of the quantities and values for which import documents have been \nissued in the preceding month. This information from the Member States shall be broken down by category of \nproduct and by country. 4. Where the nature of the products or particular circumstances so require, \nthe Commission may, at the request of a Member State or on its own \nInitiative, adjust the frequency with which information must be notified. 5. Where necessary, the Commission shall notify the Member States of trends \nIn imports into the Community of products listed in Annex I. - 4 -\n\nArticle 4 \n\n1. Where imports of a product covered by this Regulation cause or threaten \nto cause economic difficulties in the Community, the Commission may, at the \nrequest of a Member State or on its own initiative, modify the import \narrangements for the product in question in accordance with the procedure \nset out in Article 6 by setting quantitative limits or requiring \npresentation of an import authorization for release for free circulation. 2. If a quantitative limit is imposed pursuant to paragraph 1, \nconsideration shall be given, in particular, to: \n\n- the benefits of maintaining traditional trade flows as far as possible-, \n\n- the fact that the objective sought by setting a quantitative limit must \n\nnot be jeopardized. Article S \n\nDuring the application of surveillance or protection measures adopted in \naccordance with this Regulation, consultations shall take place at the \nrequest of a Member State or on the Initiative of the Commission in \naccordance with the procedure laid down In Article 6 to examine the effects \nof the measure and check whether it is still necessary. Article 6 \n\n1. For the purposes and for the duration of this Regulation, the committee \nreferred to in this Article is the Textile Committee set up under \nArticle 15 of Regulation (EEC) No 4136/86. 2. Where reference is made to the procedure laid down in this Article, the \nchairman, on his own initiative or at the request of the representative of \na Member State, shall refer the matter to the Committee. 3. The Commission representative shall submit draft measures to the \nCommittee. The Committee shall deliver an opinion on the draft measures \nwithin a period fixed by the chairman depending on the degree of urgency of \nthe matter. It shall take decisions by the majority specified in \nArticle 148(2) of the treaty for the adoption of acts by the Council on a \nproposal from the Commission. In the case of votes within the Committee, \nthe votes of the Member States' representatives shall be weighted in \naccordance with that article. The chairman shall not vote. - 5 -\n\n4. (a) The Commission shall adopt the measures proposed where they are in \n\nconformity with the Committee's opinion. (b) Where the measures proposed are not in conformity with the \n\nCommittee's opinion, or where no opinion has been given, the \nCommission shall submit to the Council without delay a proposal for \nthe measures to be taken. The Council shall act by a qualified \nmajority. (c) Should the Council fail to take a decision within one month of the \ndate on which the proposal was laid before it, the Commission shall \nadopt the proposed measures. Article 7 \n\nThe chairman may, on his own initiative or at the request of a \nrepresentative of a Member State, consult the Committee referred to in \nArticle 6 about any other matter relating to the application of this \nRegulation. Article 8 \n\nThis Regulation shall enter into force on the day of its publication in the \nOfficial Journal of the European Communities. It shalI apply from. This Regulation shall be binding in its entirety and directly applicable in \na 11 Member States. Done at Brussels, \n\nFor the Council \nThe President \n\n\fA N N EX \n\nX \n\nPRODUCTS SUBMITTED TO PRIOR COMMUNITY SURVEILLANCE \n\nGROUP I A \n\nDescription \n\n(3) \n\nCotton yarn, not put up for retail sale \n\nCNcodc \n\n(2) \n\n5204 1100 \n5204 19 00 \n\n5205 1100 \n5205 12 00 \n5205 13 00 \n5205 14 00 \n5205 15 10 \n5205 15 90 \n5205 21 00 \n5205 22 00 \n5205 23 00 \n5205 24 00 \n5205 25 10 \n5205 25 30 \n5205 25 90 \n5205 31 00 \n5205 32 00 \n5205 33 00 \n5205 34 00 \n5205 35 10 \n5205 35 90 \n5205 41 00 \n5205 42 00 \n5205 43 00 \n5205 44 00 \n5205 45 10 \n5205 45 30 \n5205 45 90 \n\n5206 11 00 \n5206 12 00 \n5206 13 00 \n5206 14 00 \n5206 15 10 \n5206 15 90 \n5206 21 00 \n5206 22 00 \n5206 23 00 \n5206 24 00 \n5206 25 10 \n5206 25 90 \n5206 31 00 \n5206 32 00 \n5206 33 00 \n5206 34 00 \n5206 35 10 \n5206 35 90 \n5206 41 00 \n5206 42 00 \n5206 43 00 \n5206 44 00 \n5206 45 10 \n5206 45 90 \n\nex 5604 90 00 \n\n\f> \n\n(1) \n\n(2) \n\n(3) \n\nWoven fabrics of cotton, other than gauze, \nterry fabrics, narrow woven fabrics, pile \nfabrics, chenille fabrics, tujle and other net \nfabrics: \n\n5208 11 10 \n5208 11 90 \n5208 1211 \n5208 12 13 \n5208 12 15 \n5208 12 19 \n5208 12 91 \n5208 12 93 \n5208 12 95 \n5208 12 99 \n5208 13 00 \n5208 19 00 \n5208 21 10 \n5208 21 90 \n5208 22 11 \n5208 22 13 \n5208 22 15 \n5208 22 19 \n5208 22 91 \n5208 22 93 \n5208 22 95 \n5208 22 99 \n5208 23 00 \n5208 29 00 \n5208 31 00 \n5208 32 11 \n5208 32 13 \n5208 32 15 \n5208 32 19 \n5208 32 91 \n5208 32 93 \n5208 32 95 \n5208 32 99 \n5208 33 00 \n5208 39 00 \n5208 4100 \n5208 42 00 \n5208 43 00 \n5208 49 00 \n5208 51 00 \n5208 52 10 \n5208 52 90 \n5208 53 00 \n5208 59 00 \n\n5209 1100 \n5209 12 00 \n5209 19 00 \n5209 21 00 \n5209 22 00 \n5209 29 00 \n5209 3100 \n5209 32 00 \n5209 39 00 \n5209 41 00 \n5209 42 00 \n5209 43 00 \n5209 49 10 \n5209 49 90 \n5209 51 00 \n5209 52 00 \n5209 59 00 \n\n5210 11 10 \n5210 11 90 \n5210 12 00 \n5210 19 00 \n5210 21 10 \n5210 21 90 \n5210 22 00 \n\n\f8 \n\n(1) \n\n(2) \n\n(3) \n\n2 \n(cont'd) \n\n5210 29 00 \n5210 31 10 \n5210 3190 \n5210 32 00 \n5210 39 00 \n5210 4100 \n5210 42 00 \n5210 49 00 \n5210 5100 \n5210 52 00 \n5210 59 00 \n\n5211 1100 \n5211 12 00 \n521119 00 \n52112100 \n521122 00 \n521129 00 \n5211 31 00 \n52113200 \n521139 00 \n5211 41 00 \n521142 00 \n521143 00 \n52114911 \n52114919 \n521149 90 \n52115100 \n521152 00 \n521159 00 \n\n5212 11 10 \n5212 1190 \n5212 12 10 \n5212 12 90 \n521213 10 \n5212 13 90 \n5212 14 10 \n5212 14 90 \n5212 15 10 \n521215 90 \n5212 21 10 \n5212 2190 \n5212 22 10 \n5212 22 90 \n5212 2310 \n5212 23 90 \n5212 24 10 \n5212 24 90 \n5212 25 10 \n5212 25 90 \n\n1 a) \n\nex 5811 00 00 \n\nex 6308 0000 \n\n5208 31 00 \n5208 32 11 \n5208 32 13 \n5208 32 15 \n5208 32 19 \n5208 32 91 \n5208 32 93 \n5208 32 95 \n5208 32 99 \n5208 33 00 \n5208 39 00 \n5208 41 00 \n5208 42 00 \n5208 43 00 \n5208 49 00 \n\na) Of which: \n\nOther than unbleached or bleached \n\n\f$ \n\n(1) \n\n(2) \n\n2 s} \n(catt'd)] \n\n52CS 51 00 \n5208 52 10 \n5208 52 90 \n5203 53 00 \n5208 59 00 \n\n5209 31 00 \n5209 32 00 \n5209 39 00 \n5209 41 00 \n5209 42 00 \n5209 43 00 \n5209 49 10 \n5209 49 90 \n5209 5100 \n5209 52 00 \n5209 59 00 \n\n5210 31 10 \n5210 31 90 \n5210 32 00 \n5210 39 00 \n5210 4100 \n5210 42 00 \n5210 49 00 \n5210 51 00 \n5210 52 00 \n5210 59 00 \n\n5211 \n5211 \n5211 \n5211 \n5211 \n5211 \n5211 \n5211 \n5211 \n5211 \n5211 \n5211 \n\n3100 \n32 00 \n39 00 \n41 00 \n42 00 \n43 00 \n49 11 \n49 19 \n49 90 \n51 00 \n52 00 \n59 00 \n\n5212 \n5212 \n5212 \n5212 \n5212 \n5212 \n5212 \n5212 \n5212 \n5212 \n5212 \n5212 \n\n13 10 \n13 90 \n14 10 \n14 90 \n15 10 \n15 90 \n23 10 \n23 90 \n24 10 \n24 90 \n25 10 \n25 90 \n\nex 5811 00 00 \n\nex 6308 00 00 \n\n5512 \n5512 \n5512 \n5512 \n5512 \n5512 \n5512 \n5512 \n5512 \n\n11 00 \n19 10 \n19 90 \n21 00 \n29 10 \n29 90 \n91 00 \n99 10 \n99 90 \n\n5513 11 10 \n5513 11 30 \n5513 11 90 \n5513 12 00 \n\nfabrics \n\nfibres \nof \nWoven \n(discontinuous or waste) other than narrow \nwoven fabrics, pile fabrics (including terry \nfabrics) and chenille fabrics: \n\nsynthetic \n\n\f\u00c0o \n\n(3) \n\n-\n\n(1) \n\n3 \n(cont'd) \n\n(2) \n\n5513 13 00 \n5513 19 00 \n5513 21 10 \n5513 21 30 \n5513 21 90 \n5513 22 00 \n5513 23 00 \n5513 29 00 \n5513 3100 \n5513 32 00 \n5513 33 00 \n5513 39 00 \n5513 4100 \n5513 42 00 \n5513 43 00 \n5513 49 00 \n\n5514 11 00 \n5514 12 00 \n5514 13 00 \n5514 19 00 \n5514 21 00 \n5514 22 00 \n5514 23 00 \n5514 29 00 \n5514 31 00 \n5514 32 00 \n5514 33 00 \n5514 39 00 \n5514 41 00 \n5514 42 00 \n5514 43 00 \n5514 49 00 \n\n5515 11 10 \n5515 11 30 \n5515 1190 \n5515 12 10 \n5515 12 30 \n5515 12 90 \n5515 13 11 \n5515 13 19 \n5515 13 91 \n5515 13 99 \n5515 19 10 \n5515 19 30 \n5515 19 90 \n5515 21 10 \n5515 2130 \n5515 21 90 \n5515 22 11 \n5515 22 19 \n5515 22 91 \n5515 22 99 \n5515 29 10 \n5515 29 30 \n5515 29 90 \n5515 91 10 \n5515 91 30 \n5515 91 90 \n5515 92 11 \n5515 92 19 \n5515 92 91 \n5515 92 99 \n5515 99 10 \n5515 99 30 \n5515 99 90 \n\n5803 90 30 \n\nex 5905 00 70 \n\nex 6308 00 00 \n\n\fM \n\nGROUP IB \n\n(1) \n\n(2) \n\n(3) \n\nShirts, T-shirts, lightweight fine knit roll, polo \nor turtle necked jumpers and pullovers (other \nthan of wool or fine animal hair), undervests \nand the like, knitted or crocheted \n\nJerseys, pullovers, slip-overs, waistcoats, \ntwinsets, cardigans, bed-jackets and jumpers \n(other than jackets and blazers), anoraks, \nwindcheaters, waister jackets and the like, \nknitted or crocheted \n\nMen's or boys' woven breeches, shorts other \nthan swimwear and trousers (including slacks); \nwomen's or girls woven trousers and slacks, of \nwool, of cotton or of man-made fibres \n\nand \nWomen's or girls' blouses, \nshirt-blouses, whether or not knitted or \ncrocheted, of wool, cotton or man-made \nfibres \n\nshirts \n\n6105 10 00 \n6105 20 10 \n6105 20 90 \n6105 90 10 \n\n6109 10 00 \n6109 9010 \n6109 90 30 \n\n6110 2 0 10 \n6110 3 0 10 \n\n6101 10 90 \n6101 20 90 \n6101 30 90 \n\n6102 10 90 \n6102 20 90 \n6102 30 90 \n\n6110 \n6110 \n6110 \n6110 \n6110 \n6110 \n6110 \n6110 \n6110 \n\n10 10 \n10 31 \n10 39 \n10 91 \n10 99 \n20 91 \n20 99 \n30 91 \n30 99 \n\n6203 41 10 \n6203 41 90 \n6203 42 31 \n6203 42 33 \n6203 42 35 \n6203 42 90 \n6203 43 19 \n6203 43 90 \n6203 49 19 \n6203 49 50 \n\n6204 61 10 \n6204 62 31 \n6204 62 33 \n6204 62 35 \n6204 63 19 \n6204 69 19 \n\n6106 10 00 \n6106 20 00 \n6106 90 10 \n\n6206 20 00 \n6206 30 00 \n6206 40 00 \n\n\fAX, \n\n(1) \n\n(2) \n\n(3) \n\n6205 10 00 \n6205 20 00 \n6205 30 00 \n\nMen's or boys' shirts, other than knitted or \ncrocheted, of wook, cotton or man-made \nfibres \n\nGROUP II A \n\nBed linen, other than knitted or crocheted \n\nG R O UP II B \n\nParkas; anoraks, windcheaters, waister jackets \nand the like, other than knitted or crocheted, of \nwool, of cotton or man-made fibres \n\n20 \n\n6302 21 00 \n6302 22 90 \n630229 90 \n6302 3110 \n63023190 \n6302 32 90 \n6302 39 90 \n\n21 \n\nex 6201 12 10 \nex 6201 12 90 \nex 6201 13 10 \nex 6201 13 90 \n6201 91 00 \n6201 92 00 \n6201 93 00 \n\nex 6202 12 10 \nex 6202 12 90 \nex 6202 13 10 \nex 6202 13 90 \n6202 91 00 \n6202 92 00 \n6202 93 00 \n\n\fA \n\nGROUP II A \n\nDescription \n\n(3) \n\nTerry towelling and similar woven terry fabrics of cotton; \ntoilet linen and kitchen linen, other than knitted or crocheted, \nof terry towelling and woven terry fabrics, of cotton \n\nCate \ngory \nNo \n\n(1) \n\n9 \n\nCN code \n\n(2) \n\n5802 11 00 \n5802 19 00 \n\nex 6302 60 00 \n\n22 \n\n5508 1 0 11 \n5508 10 19 \n\nYarn of staple or waste synthetic fibres, not put up for retail \nsale \n\n5509 11 00 \n5509 12 00 \n5509 21 10 \n5509 21 90 \n5509 22 10 \n5509 22 90 \n5509 31 10 \n5509 31 90 \n5509 32 10 \n5509 32 90 \nS509 41 10 \n5509 41 90 \n5509 42 10 \n5509 42 90 \n5509 51 00 \n5509 52 10 \n5509 5290 \n5509 53 00 \n5509 5900 \n550961 10 \n5509 61 90 \n5509 62 00 \n550969 00 \n5509 91 10 \n5509 91 90 \n5509 92 00 \n\n5509 99 00 \n\n23 \n\n5508 20 10 \n\nYarn of staple or waste artificial fibres, not put up for retail \nsale \n\n5 5 1 0 1 1 00 \n5510 20 00 \n5510 30 00 \n5510 90 00 \n\n\f*t \n\n(1) \n\n39 \n\n(2) \n\n(3) \n\nTable linen, toilet and kitchen linen, other than knitted or \ncrocheted, other than of terry towelling or similar terry \nfabrics of cotton \n\n6302 5110 \n6302 51 90 \n6302 53 90 \nex 6302 59 00 \n6302 91 10 \n6302 91 90 \n6302 93 90 \nex 6302 99 00 \n\n\fA \n\nGROUP II B \n\n(2) \n\n(3) \n\nPanty-hose and tights, stockings, understockings, socks, \nankle-socks, sockettes and the like, knitted or crocheted, \nother than for babies, including stockings for varicose veins, \nother than products of category 70 \n\nMen's or boys' underpants and briefs, women's or girls* \nknickers and briefs, knitted or crocheted, of wool, cotton or \nman-made fibres \n\n6115 12 00 \n6115 19 10 \n6115 19 90 \n6115 20 11 \n6115 20 90 \n6115 9 1 00 \n6115 92 00 \n6115 9 3 10 \n6115 93 30 \n6115 93 99 \n6115 99 00 \n\n6107 11 00 \n6107 12 00 \n610719 00 \n\n6108 21 00 \n6108 22 00 \n6108 29 00 \n\n(1) \n\n12 \n\n13 \n\n15 \n\n6202 11 00 \nex 6202 12 10 \nex 6202 12 90 \nex 6202 13 10 \n6202 13 90 \n\nWomen's or girls' woven overcoats, raincoats and other \ncoats, cloaks and capes; jackets and blazers, of wool, of \ncotton or of man-made textile fibres (other than parkas) (of \ncategory 21) \n\n6204 31 00 \n6204 32 90 \n6204 33 90 \n6204 39 19 \n\n6210 30 00. 16 \n\n6203 11 00 \n6203 12 00 \n6203 19 10 \n6203 19 30 \n6203 21 00 \n6203 22 90 \n6203 23 90 \n6203 29 19 \n\nMen's or boys' suits and ensembles, other than knitted or \ncrocheted, of wool, of cotton or of man-made \nfibres, \nexcluding ski suits \n\n\f(1) \n\n24 \n\n26/27 \n\n29 \n\n(2) \n\n(3) \n\nMen's or boys' nightshirts, pyjamas, n\u00e9glig\u00e9s, bathrobes, \ndressing gowns and similar articles, knitted or crocheted \n\nWomen's or girls' nightdresses, pyjamas, n\u00e9glig\u00e9s, bathrobes, \ndressing gowns and similar articles, knitted or crocheted \n\nWomen's or girls' dresses, of wool, of cotton or man-made \nfibres \n\nWomen's or girls' skirts, including divided skirts \n\nWomen's or girls' suits and ensembles, other than knitted or \ncrocheted, of wool, of cotton or man-made fibres, excluding \nski suits \n\n6107 2 1 00 \n6107 22 00 \n6107 29 00 \n6107 91 00 \n6107 92 00 \nex 6107 99 10 \n\n6108 31 10 \n6108 31 90 \n6108 3211 \n6108 32 19 \n6108 32 90 \n6108 39 00 \n6108 91 00 \n6108 92 00 \n6108 99 10 \n\n6104 4 1 00 \n6104 4 2 00 \n6104 43 00 \n6104 44 00 \n\n6204 41 00 \n6204 42 00 \n6204 43 00 \n6204 44 00 \n\n6104 51 00 \n6104 52 00 \n6104 53 00 \n6104 59 00 \n\n6204 51 00 \n6204 52 00 \n6204 53 00 \n6204 59 10 \n\n6204 1100 \n6204 12 00 \n6204 13 00 \n6204 19 10 \n6204 21 00 \n6204 22 90 \n6204 23 90 \n6204 29 19 \n\n73 \n\n6 1 1 2 1 1 00 \n6112 1200 \n6 1 1 2 1 9 00 \n\nTrack suits of knitted or crocheted fabric, of wool, of cotton \nor of man-made textile fibres \n\n\fJflr \n\nto \n\n83 \n\n(2) \n\n(3) \n\n6101 10 10. 6101 20 10 \n6101 30 10 \n\nOvercoats, jackets, blazers and other garments, including ski \nsuits, knitted or crocheted, exluding garments of categories 4 ,-\n5, 7, 13, 24, 26, 27, 28, 68, 69, 72, 73, 74 and 75 \n\n6102 10 10 \n6102 20 10 \n6102 30 10 \n\n6103 31 00 \n6103 32 00 \n6103 33 00 \nex 6103 39 00 \n\n6104 3100 \n6104 32 00 \n6104 33 00 \n\nex 6104 39 00 \n\nex 6112 20 00 \n\n6113 00 90 \n61141000 \n6114 20 00 \n6114 30 00 \n\n\fJ$> \n\nGROUP III A \n\n(3) \n\nWoven fabrics of synthetic filament yarn obtained from strip \nor the like of polyethylene or polypropylene, less than 3 m \nwide \n\nSacks and bags, of a kind used for the packing of goods, not \nknitted or crocheted, obtained from strip or the like \n\nWoven fabrics of continuous artificial fibres, other than those \nfor tyres of category 114 \n\nWoven fabrics of artificial staple fibres \n\n(1) \n\n33 \n\n36 \n\n37 \n\n(2) \n\n5407 20 11 \n\n6305 31 91 \n6305 31 99 \n\n5408 10 00 \n5408 21 00 \n5408 22 10 \n5408 22 90 \n5408 23 10 \n5408 23 90 \n5408 24 00 \n5408 31 00 \n5408 32 00 \n5408 33 00 \n5408 34 00 \n\nex 581100 00 \n\nex 5905 00 70 \n\n5516 11 00 \n5516 12 00 \n5516 13 00 \n5516 1400 \n5516 2 1 00 \n5516 22 00 \n5516 23 10 \n5516 23 90 \n5516 24 00 \n5516 3100 \n5516 32 00 \n5516 33 00 \n5516 34 00 \n5516 4 1 00 \n5516 42 00 \n551643 00 \n5516 44 00 \n5516 9100 \n5516 92 00 \n5516 93 00 \n5516 94 00 \n\n5803 90 50 \n\nex 5905 00 70 \n\n\fy\u00bb \n\nm \n\nWoven fabrics of sheep's or lambs' wool or of fine animal \nhair \n\n(1) \n\n50 \n\n(2) \n\n5111 1100 \n5111 19 10 \n5111 19 90 \n51112000 \n51113010 \n511 \u00eer 30 30 \n51113090 \n51H 90 10 \n511190 91 \n51119093 \n511190 99 \n\n5112 1100 \n5112 1910 \n511219 90 \n5112 20 00 \n5112 3010 \n5112 30 30 \n5112 30 90 \n5112 9010 \n5112 90 91 \n5112 90 93 \n5112 90 99 \n\n\fetO \n\nGROUP III B \n\n(3) \n\nKnitted or crocheted clothing accessories other than for \nbabies; household linen of all kinds, knitted or crocheted; \ncurtains (including drapes) and interior blinds, curtain or bed \nvalances and other furnishing articles knitted or crocheted; \nknitted or crocheted blankets and travelling-rugs, other \nknitted or crocheted articles including parts of garments or of \nclothing accessories \n\nWomen's or girls' knitted or crocheted suits and ensembles, of \nwool, of cotton or man-made fibres, excluding ski suits \n\nTwine, cordage, ropes and cables of synthetic fibres, plaited \n\n(2) \n\n5807 90 90 \n\n6 1 1 3 0 0 10 \n\n6 1 1 7 1 0 00 \n611720 00 \n6117 8 0 10 \n6117 80 90 \n6117 90 00 \n\n6301 20 10 \n6301 30 10 \n6301 40 10 \n6301 90 10 \n\n6302 10 10 \n6302 10 90 \n6302 40 00 \nex 6302 60 00 \n\n6303 1100 \n6303 12 00 \n6303 19 00 \n\n6304 1100 \n6304 91 00 \n\nex 6305 20 00 \nex 6305 39 00 \nex 6305 90 00 \n6305 31 10 \n\n6307 10 10 \n6307 90 10 \n\n6104 \n, 6104 \n6104 \nex 6104 \n6104 \n6104 \n6104 \nex 6104 \n\n1100 \n12 00 \n13 00 \n19 00 \n2100 \n22 00 \n23 00 \n29 00 \n\n5607 \n5607 \n5607 \n5607 \n5607 \n5607 \n5607 \n5607 \n\n41 00 \n49 11 \n49 19 \n49 90 \n50 11 \n50 19 \n50 3. 0 \n50 90 \n\n\fM \n\nGROUP IV \n\nm ' \n\nFlax or rame yarn \n\n: \n\nWoven fabrics of flax or of ramie \n\nTable linen, toilet linen and kitchen linen of flax or ramie, \nother than knitted or crocheted \n\nm \n\n115 \n\n117 \n\n\u2022 m \n\n5 3 0 6 1 0 11 \n5 3 0 6 1 0 19 \n5 3 0 6 1 0 11 \n5 3 0 6 1 0 39 \n530610 50 \n5 3 0 6 1 0 90 \n5306 20 11 \n5306 20 19 \n5306 20 90 \n\n5308 9 0 11 \n5308 90 13 \n5308 90 19 \n\n5 3 0 9 1 1 11 \n5309 11 19 \n5309 11 90 \n5309 19 10 \n5309 19 90 \n5309 21 10 \n5309 21 90 \n5309 29 10 \n5309 29 90 \n\n5 3 1 1 0 0 10 \n\n5803 90 90 \n\n5905 00 31 \n5905 00 39 \n\n118 \n\n6302 29 10 \n6302 39 10 \n6302 39 30 \n6302 52 00 \nex 6302 59 00 \n6302 92 00 \nex 6302 99 00 \n\n\fVJ \n\nANNEX \n\nII \n\nProducts \n\nfrom Outward Processing T r a f f ic \n\nand submitted to p r i or community s u r v e i l l a n ce \n\n2 \u00a7 2 \n\n(The product descriptions set out in Annex I are repeated in this table in a shortened version) \n\nA. Baltic States \n\nCategory \n\nDescription \n\n7 \n\nBlouses and shirt-blouses \n\n21 \n\nParkas, anoraks and the like, woven \n\n29 \n\nWomen's or girls' suits and ensembles \n\n73 \n\nTrack suits \n\n\fAS \n\nB. Albania \n\nCat. Description \n\n4 Shirts, undervests, T-shirts and \nthe like knitted or crocheted \n\n5 Jerseys \n\n6 Woven breeches \n\n7 Blouses \n\n8 Shirts, other than knitted or \n\ncrocheted \n\n12 Socks \n\n14 Men's or boys' woven overcoats \n\n15 Women's or girls' woven overcoats \n\n18 Pyjamas, nightshirts, \n\nother than knitted or crocheted \n24 Pyjamas, nightshirts knitted or \n\ncrocheted \n\n\f\fISSN 0254-1475 \n\nCOM(91) 542 final \n\nDOCUMENTS \n\nEN \n\n1103 \n\nCatalogue number : CB-CO-91-593-EN-C \n\nISBN 92-77-78953-0 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/05aa9471-d117-496b-b001-a3535dc3b3c1", "title": "Commission Regulation (EEC) No 3863/91 of 16 December 1991 determining a minimum marketing size for crabs applicable in certain coastal areas of the United Kingdom", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-16", "subjects": "United Kingdom,coastal region,crustacean,marketing standard", "workIds": "celex:31991R3863,oj:JOL_1991_363_R_0001_019", "eurovoc_concepts": ["United Kingdom", "coastal region", "crustacean", "marketing standard"], "url": "http://publications.europa.eu/resource/cellar/05aa9471-d117-496b-b001-a3535dc3b3c1", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7cb86f48-2cb0-4f72-9f8a-51b6c7df300b", "title": "92/46/EEC: Commission Decision of 16 December 1991 approving the plan concerning infectious haemopoietic necrosis and viral haemorrhagic septicaemia presented by the United Kingdom (Only the English text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-16", "subjects": "EU financing,United Kingdom,animal disease,fish farming", "workIds": "celex:31992D0046,oj:JOL_1992_017_R_0030_031", "eurovoc_concepts": ["EU financing", "United Kingdom", "animal disease", "fish farming"], "url": "http://publications.europa.eu/resource/cellar/7cb86f48-2cb0-4f72-9f8a-51b6c7df300b", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/46628a8c-8041-46f3-9c00-140f827244db", "title": "Council Regulation ( EEC ) No 3898/91 of 16 December 1991 amending Regulation ( EEC ) No 358/79 on sparkling wines produced in the Community", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-16", "subjects": "quality control of industrial products,sparkling wine", "workIds": "celex:31991R3898,oj:JOL_1991_368_R_0007_015", "eurovoc_concepts": ["quality control of industrial products", "sparkling wine"], "url": "http://publications.europa.eu/resource/cellar/46628a8c-8041-46f3-9c00-140f827244db", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/701584ee-da62-43cb-936a-f29b2325f21a", "title": "92/97/EEC: Council Decision of 16 December 1991 adopting the general regulations, general conditions and procedural rules on conciliation and arbitration for works, supply and service contracts financed by the European Development Fund (EDF) and concerning their application in the association of the overseas countries and territories (OCT) with the European Economic Community", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-16", "subjects": "EDF,association agreement (EU),overseas countries and territories,services contract,supplies contract,works contract", "workIds": "celex:31992D0097,oj:JOL_1992_040_R_0001_01", "eurovoc_concepts": ["EDF", "association agreement (EU)", "overseas countries and territories", "services contract", "supplies contract", "works contract"], "url": "http://publications.europa.eu/resource/cellar/701584ee-da62-43cb-936a-f29b2325f21a", "lang": "eng", "formats": ["html", "pdfa1b", "print", "xhtml"], "text": "L_1992040EN. 01000101. xml\n\n\n\n\n\n\n\n\n\n\n15. 2. 1992\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 40/1\n\n\n\n\n\nCOUNCIL DECISION\nof 16 December 1991\nadopting the general regulations, general conditions and procedural rules on conciliation and arbitration for works, supply and service contracts financed by the European Development Fund (EDF) concerning their application in the association of the overseas countries and territories with the European Economic Community\n(92/97/EEC)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 136 thereof,\nHaving regard to the Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories (OCT) with the European Economic Community\u00a0(1), and in particular Articles 211, 212 and 213 thereof,\nHaving regard to the proposal from the Commission,\nWhereas it is necessary to adopt the general regulations and general conditions governing works, supply and service contracts financed from the resources of the European Development Fund (EDF), administered by the Commission, hereinafter referred to as \u2018the resources of the Fund\u2019;\nWhereas it is necessary to adopt procedural rules on conciliation and arbitration of contracts financed from the resources of the Fund;\nWhereas the Council, by adopting this Decision, has paid particular regard to similar documents adopted for the use of \u2018funds\u2019 from the EDF in the African, Caribbean and Pacific States,\nHAS DECIDED AS FOLLOWS:\nArticle 1\nThe general regulations for works, supply and service contracts financed by the Fund resources in the overseas countries and territories (OCT), appearing in Annex I, shall apply to the preparation and award of contracts financed by the EDF. The performance of contracts financed from the resources of the Fund shall, except as otherwise provided in Article 212 (b) of Decision 91/482/EEC, be governed by:\n\n\n\n\n\n\n\u2014\n\n\nthe general conditions for works contracts financed by the EDF in the OCT appearing in Annex II,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe general conditions for supply contracts financed by the EDF in the OCT, appearing in Annex III,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe general conditions for services contracts financed by the EDF in the OCT, appearing in Annex IV. Disputes relating to a contract financed from the resources of the Fund which, pursuant to the general conditions and the special conditions applicable to the contract, are to be settled by conciliation or arbitration, shall be settled in accordance with the procedural rules on conciliation and arbitration of contracts financed by the EDF in the OCT, appearing in Annex V. Article 2\nThis Decision shall apply to all contracts financed by the EDF in the OCT, and concluded as from 1 June 1991. Article 3\nThis Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 16 December 1991. For the Council\n\n\nThe President\n\nH. VAN DEN BROEK\n\n\n\n\n(1)\u00a0\u00a0OJ No L 263, 19. 9. 1991, p. 1. ANNEX I\nGENERAL REGULATIONS FOR WORKS, SUPPLY AND SERVICE CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT\nCONTENTS\n\nINTRODUCTION\n\n\n\n\n\n\n\nArticle 1 \u2014\n\nConditions\n\n\n\n\n\n\n\n\n\nArticle 2 \u2014\n\nNational law\n\n\n\n\nDEFINITIONS AND PRINCIPLES\n\n\n\n\n\n\n\nArticle 3 \u2014\n\nDefinitions\n\n\n\n\n\n\n\n\n\nArticle 4 \u2014\n\nEligibility\n\n\n\n\n\n\n\n\n\nArticle 5 \u2014\n\nEquality of participation\n\n\n\n\n\n\n\n\n\nArticle 6 \u2014\n\nDerogation\n\n\n\n\n\n\n\n\n\nArticle 7 \u2014\n\nCompetition\n\n\n\n\n\n\n\n\n\nArticle 8 \u2014\n\nDesign competition\n\n\n\n\n\n\n\n\n\nArticle 9 \u2014\n\nPreference\n\n\n\n\n\n\n\n\n\nArticle 10 \u2014\n\nTypes of contract\n\n\n\n\n\n\n\n\n\nArticle 11 \u2014\n\nTechnical specifications and standards\n\n\n\n\n\n\n\n\n\nArticle 12 \u2014\n\nNotices and written communications\n\n\n\n\nINVITATION TO TENDER\n\n\n\n\n\n\n\nArticle 13 \u2014\n\nNotice of invitation to tender\n\n\n\n\n\n\n\n\n\nArticle 14 \u2014\n\nPre-selection of tenderers\n\n\n\n\n\n\n\n\n\nArticle 15 \u2014\n\nDirect agreement contracts\n\n\n\n\nTENDER DOSSIER\n\n\n\n\n\n\n\nArticle 16 \u2014\n\nContents of tender dossier\n\n\n\n\n\n\n\n\n\nArticle 17 \u2014\n\nClarification of tender information\n\n\n\n\n\n\n\n\n\nArticle 18 \u2014\n\nAmendments to tender dossier\n\n\n\n\nINSTRUCTIONS TO TENDERERS\n\n\n\n\n\n\n\nArticle 19 \u2014\n\nLanguage\n\n\n\n\n\n\n\n\n\nArticle 20 \u2014\n\nContents of the tender\n\n\n\n\n\n\n\n\n\nArticle 21 \u2014\n\nLots\n\n\n\n\n\n\n\n\n\nArticle 22 \u2014\n\nCooperation with third parties\n\n\n\n\n\n\n\n\n\nArticle 23 \u2014\n\nIndependence of tenderers\n\n\n\n\n\n\n\n\n\nArticle 24 \u2014\n\nPricing of tenders\n\n\n\n\n\n\n\n\n\nArticle 25 \u2014\n\nPeriod of validity\n\n\n\n\n\n\n\n\n\nArticle 26 \u2014\n\nTender guarantee\n\n\n\n\n\n\n\n\n\nArticle 27 \u2014\n\nVariant solutions\n\n\n\n\n\n\n\n\n\nArticle 28 \u2014\n\nPre-tender visit\n\n\n\n\n\n\n\n\n\nArticle 29 \u2014\n\nSigning of tenders\n\n\n\n\nSUBMISSION OF TENDERS\n\n\n\n\n\n\n\nArticle 30 \u2014\n\nTime limit\n\n\n\n\n\n\n\n\n\nArticle 31 \u2014\n\nSealing and marking of envelopes\n\n\n\n\n\n\n\n\n\nArticle 32 \u2014\n\nWithdrawals and amendments\n\n\n\n\nEXAMINATION OF TENDERS\n\n\n\n\n\n\n\nArticle 33 \u2014\n\nOpening of tenders\n\n\n\n\n\n\n\n\n\nArticle 34 \u2014\n\nEvaluation of tenders\n\n\n\n\n\n\n\n\n\nArticle 35 \u2014\n\nAnnulment of the tender procedure\n\n\n\n\nAWARD OF CONTRACT\n\n\n\n\n\n\n\nArticle 36 \u2014\n\nSelection\n\n\n\n\n\n\n\n\n\nArticle 37 \u2014\n\nNotification of award\n\n\n\n\n\n\n\n\n\nArticle 38 \u2014\n\nPreparation of contract document\n\n\n\n\n\n\n\n\n\nArticle 39 \u2014\n\nSigning of the contract\n\n\n\n\n\n\n\n\n\nArticle 40 \u2014\n\nPerformance guarantee\n\n\n\n\nGENERAL AND FINAL PROVISIONS\n\n\n\n\n\n\n\nArticle 41 \u2014\n\nGeneral and final provisions\n\n\n\n\nINTRODUCTION\n\nArticle 1\nConditions\n1. 1. The award of works, supply and service contracts financed from the resources of the European Development Fund (EDF) shall be governed by these general regulations. 1. 2. The performance of works, supply and service contracts financed from the resources of the European Development Fund (EDF) shall be governed by:\n\n\n\n\n\n\n(a)\n\n\nthe general conditions applicable to each category of contract financed by the EDF; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the case of cofinanced projects and programmes, or where derogation to third parties has been granted, or in accelerated procedures or in other appropriate cases, such other general conditions as may be agreed by the country or territory concerned and the European Economic Community (EEC); i. e. :\n\n\n\n\n\n\n(i)\n\n\nthe general conditions prescribed by the national legislation of the country or territory concerned or its established practices regarding international contracts; or\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nany other international general conditions for contracts; and\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe special conditions. 1. 3. These general regulations comprise the principles and conditions for participation in contracts, instructions to tenderers, and the principles and conditions for the award of contracts. 1. 4. The general conditions governing a particular category of contract comprise contractual clauses of an administrative, financial, legal and technical nature relating to the performance of contracts. 1. 5. The special conditions applicable to each contract comprise:\n\n\n\n\n\n\n(a)\n\n\namendments to the general conditions;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nspecial contractual clauses;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ntechnical specifications; and\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nany other matter related to the contract. Article 2\nNational law\nIn all matters which are not covered by these general regulations, the national law of the State of the contracting authority shall apply. DEFINITIONS AND PRINCIPLES\n\nArticle 3\nDefinitions\n3. 1. The definitions which shall apply to these general regulations are the following:\n\n\n\n\n\n\n\u00a0\n\n\n\nEEC: the European Economic Community,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nEDF: the European Development Fund,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nCouncil Decision: the Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the EEC,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nOCT: the countries and territories associated with the EEC by the Council Decision,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nACP States: the African, Caribbean and Pacific States which are signatories to the Convention,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nCommission: the Commission of the European Communities,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ndelegate: the representative of the Commission in the OCT,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nMember States: the Member States of the European Economic Community,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nConvention: the relevant Convention between the ACP States and the EEC,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontracting authority: the State or the legal person governed by public or private law which concludes the contract or on behalf of which the contract is concluded,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nthe State of the contracting authority: the OCT on whose territory the works, supply or service contract is to be executed,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ntenderer: any natural or legal person or group of such persons submitting a tender, with a view to concluding a contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsuccessful tenderer: the tenderer selected after an invitation to tender procedure or, in the case of direct agreement contracts, the tenderer who signs the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupervisor: the government department, legal person governed by public law, or the natural or legal person designated by the contracting authority in accordance with the law of the State of the contracting authority, who is responsible for directing and/or monitoring the performance of the contract, and to whom the contracting authority may delegate rights and/or powers under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupervisor's representative: any natural or legal person, designated by the supervisor as such under the contract and empowered to represent the supervisor in the performance of his functions, and in exercising such rights and/or powers as have been delegated to him. Accordingly, where functions, rights and/or powers of the supervisor are delegated to the supervisor's representative, references to the supervisor include the supervisor's representative,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nworks: the temporary and permanent works to be carried out under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupplies: all items which the supplier is required to provide to the contracting authority, including, where necessary, services such as installation, testing, commissioning, provision of expertise, supervision, maintenance, repair, training and other such obligations connected with the items to be provided under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nservices: tasks to be performed by the consultant under a service contract such as studies, designs, provision of technical assistance and training,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nplant: machinery, apparatus, components and all items to be provided or incorporated under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nequipment: appliances and other machinery, and where applicable under the law and/or practice of the State of the contracting authority, the temporary structures on the work site, required for carrying out the contract but excluding plant or other items required to form part of permanent works,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nbill of quantities: the document containing an itemized breakdown of the tasks to be carried out in a unit price contract, indicating a quantity for each item and the corresponding unit price,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nprice schedule: the completed schedule of prices, including the breakdown of the overall price, submitted by the tenderer with his tender, modified as necessary, and forming a part of the unit price contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nbreakdown of the overall price: the itemized list of rates and prices showing the build-up of the price in a lump sum contract, but which does not form part of the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ntender price: the sum stated by the tenderer in his tender for carrying out the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontract price: the sum stated in the contract representing the initial estimate payable for carrying out the works, supplies or services, or such other sum as ascertained at the end of the contract as due under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ndrawings: drawings provided by the contracting authority and/or by the tenderer in connection with the tender,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nday: calendar day,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ntime limits: those periods in the contract which shall begin to run from the day following the act or event which serves as the starting point for those periods. Should the last day of the period fall upon a non-working day, the period shall expire at the end of the first working day following the last day of the period,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nwriting: any handwritten, typewritten or printed communication, including telex, cable and facsimile transmission,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncommunications: certificates, notices, orders and instructions issued under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nnational currency: the currency of the State of the contracting authority,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\necu: European currency unit,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nforeign currency: any permissible currency within the meaning of these general regulations which is not the national currency, and which has been indicated in the tender,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nterms of reference: the statement issued by the contracting authority giving the definition of his requirements and/or objectives of the services, including, where applicable, the methods and means to be used and/or results to be achieved,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncompanies or firms: companies or firms constituted under civil or commercial law, including public or other companies, cooperative societies and any other legal persons or associations governed by public or private law, save for those which are non-profit making, formed in accordance with the law of a Member State or an OCT and whose registered office, central administration or principal place of business is in a Member State or that OCT; however a company or firm having only its registered office in a Member State or an OCT must be engaged in an activity which has an actual and continuous link with the economy of that Member State or OCT concerned. 3. 2. The headings and titles in these general regulations shall not be taken as part thereof or be taken into consideration in the interpretation of these regulations. 3. 3. Where the context so permits words importing the singular shall be deemed to include the plural and vice versa and words importing the masculine shall be deemed to include the feminine and vice versa. 3. 4. Words importing persons or parties shall include firms and companies and any organization having legal capacity. Article 4\nEligibility\n4. 1. Save where a derogation is granted in accordance with the Council Decision and/or Article 6:\n\n\n\n\n\n\n(a)\n\n\nparticipation in the invitations to tender and in award of contracts financed by the EDF shall be open on equal terms to:\n\n\n\n\n\n\n(i)\n\n\nnatural persons, companies or firms or public or semi-public agencies of the OCT, ACP States and the EEC;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\ncooperative societies and other legal persons governed by public or private law, save for those which are non-profit-making, of the EEC, the OCT and/or of the ACP States;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\njoint ventures or groupings of OCT, ACP and /or EEC companies or firms;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nsupplies must originate in the EEC, the OCT and/or the ACP States. 4. 2. Natural persons, companies or firms shall not be eligible for the award of contracts where:\n\n\n\n\n\n\n(a)\n\n\nthey are bankrupt;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\npayments to them have been suspended in accordance with the judgment of a court other than a judgment declaring bankruptcy and resulting, in accordance with their national laws, in the total or partial loss of the right to administer and dispose of their property;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nlegal proceedings have been instituted against them involving an order suspending payments and which may result, in accordance with their national laws, in a declaration of bankruptcy or in any other situation entailing the total or partial loss of the right to administer and dispose of their property;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthey have been convicted, by a final judgment, of any crime or offence concerning their professional conduct;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthey are guilty of serious misrepresentation with regard to information required for participation in an invitation to tender;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nthey are in breach of contract on another contract with the contracting authority. 4. 3. To be eligible for participation in invitations to tender and the award of contracts, tenderers shall provide evidence satisfactory to the contracting authority of their eligibility under Article 4, proof of compliance with the necessary legal, technical and financial requirements and of their capability and adequacy of resources to carry out the contract effectively. To this end all tenders submitted shall include the following information:\n\n\n\n\n\n\n(a)\n\n\na document, dated less than 90 days previously, drawn up in accordance with the tenderer's national law or practice certifying that:\n\n\n\n\n\n\n\u2014\n\n\nhe meets the conditions laid down in Article 4. 1,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nnone of the situations referred to in Article 4. 2 applies to him;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ncopies of original documents defining the constitution and/or legal status, and establishing the place of registration and/or statutory seat and, if it is different, the place of central administration of the company, firm or partnership or, if a joint venture, of each party thereto constituting the tenderer;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ndetails of the experience and past performance of the tenderer (or of each party to a joint venture) on contracts of a similar nature within the past five years, and details of other contracts in hand including details of the actual and effective participation in each such contract;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhere applicable, the major items of equipment proposed for use in carrying out the contract;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe qualifications and experience of key personnel proposed for administration and execution of the contract, both at and away from the place of execution of the contract;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nproposals relating to the nature, conditions and modalities of subcontracting wherever the subcontracting of any elements of the contract amounting to more than 10% of the tender price is envisaged;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nreports on the accounting and financial standing of the tenderer (or of each party to a joint venture) such as profit and loss statements, balance sheets and auditor's reports for the past five years, an estimated financial projection for the next two years, and an authority from the tenderer (or authorized representative of a joint venture) to seek references from the tenderer's bankers; and\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\ninformation regarding any current legal or arbitration proceedings or dispute in which the tenderer is involved. The information referred to shall be confined to matters of direct interest to the award or performance of the contract. Article 5\nEquality of participation\n5. 1. The OCT and the Commission shall take the necessary measures to ensure the widest possible participation on equal terms in invitations to tender for works, supply and service contracts, including, as appropriate, measures to:\n\n\n\n\n\n\n(a)\n\n\nensure publication of invitations to tender in the Official Journal of the European Communities, the official journal of the OCT concerned and any other appropriate information media, in particular in the OCT and ACP States in the region;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\neliminate discriminatory practices or technical specifications which might stand in the way of widespread participation on equal terms;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nencourage cooperation between companies and firms of the Member States; the OCT and the ACP States, for example, by means of prequalification of joint ventures and consortia between companies and firms of the Member States, the OCT and the ACP States;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nensure that all the selection criteria are specified in the tender dossier; and\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nensure that the tender selected conforms to the requirements of the tender dossier and meets the selection criteria stated therein. Article 6\nDerogation\n6. 1. In order to ensure the optium cost-effectiveness of the system, natural or legal persons from non-ACP developing countries may be authorized to participate in contracts financed by the EEC at the request of the OCT concerned. 6. 2. The OCT concerned shall, on each occasion, provide the delegate with the information needed for the EEC to decide on such derogations, particular attention being given to:\n\n\n\n\n\n\n(a)\n\n\nthe geographical location of the OCT concerned;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe competitiveness of contractors, suppliers and consultants from the EEC, the OCT and the ACP States;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe need to avoid excessive increases in the cost of performance of contracts;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\ntransport diffculties or delays due to delivery times or other similar problems;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\ntechnology that is the most appropriate and best suited to local conditions. 6. 3. Participation by third countries, which are not parties to the Convention, in contracts financed by the EEC may also be authorized:\n\n\n\n\n\n\n(a)\n\n\nwhere the EEC participates in the financing of regional or inter-regional schemes involving such countries;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the case of co-financed projects and programmes;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nin case of emergency assistance. 6. 4. In exceptional cases and in agreement with the Commission, consultancy firms or experts which are nationals of third countries referred to in Article 6. 3 may participate in service contracts. Article 7\nCompetition\n7. 1. Save as otherwise provided in Article 7, works and supply contracts financed from the EDF shall be concluded following an open invitation to tender and service contracts shall be concluded following a restricted invitation to tender. 7. 2. The OCT may, in accordance with the provisions in Article 7. 3, 7. 4 and 7. 7, and in agreement with the Commission:\n\n\n\n\n\n\n(a)\n\n\nplace contracts after restricted invitations to tender following, where applicable, a call for prequalification;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nconclude contracts by direct agreement;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nperform contracts through public or semi-public departments of the OCT. 7. 3. Restricted invitation to tender may be used:\n\n\n\n\n\n\n(a)\n\n\nwhere the urgency of the situation is established or where the nature, or certain particular characteristics of the contracts so warrant;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfor projects or programmes of a highly specialized nature;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nfor large-scale contracts after prequalification. 7. 4. Direct agreement contacts may be awarded in the following cases:\n\n\n\n\n\n\n(a)\n\n\nsmall-scale operations, or in urgent situations or short-term technical cooperation schemes;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nemergency assistance;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\noperations assigned to individual experts;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\noperations which are complementary to or necessary for the completion of others already in hand;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nwhere the execution of the contract is exclusively reserved for holders of patents or licences to use, process or import the articles concerned;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nfollowing an unsuccessful invitation to tender. 7. 5. The following procedure shall apply to restricted invitations to tender and direct agreement contracts:\n\n\n\n\n\n\n(a)\n\n\nin the case of works and supply contracts, a short-list of prospective tenderers shall be drawn up by the contracting authority in agreement with the delegate following, where applicable, a call for prequalification of tenders;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the case of service contracts, the short-list of prospective tenderers shall be drawn up by the contracting authority, in agreement with the Commission, on the basis of the proposals of the contracting authority and the proposals submitted by the Commission;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nin direct agreement contracts, the contracting authority shall enter freely into such discussions as it may consider appropriate with the prospective tenderers whom it has short-listed in accordance with Article 7. 5 (a) and (b) and award the contract to the tenderer whom it has selected. 7. 6. For service contracts, due account shall be taken of the availability of suitable candidates residing in the OCT concerned. 7. 7. Contracts shall be performed by direct labour through public or semi-public agencies or departments of the OCT concerned, where the State has the qualified management staff available in its national departments, in cases of emergency assistance, service contracts and all other operations the estimated cost of which is less than ECU 5 million. 7. 8. The Community shall contribute to the costs of the department involved by providing the equipment and/or materials that it lacks and/or resources to allow it to acquire additional staff required in the form of experts from within the OCT concerned or other OCT or ACP States. The participation of the Community shall cover only costs incurred by supplementary measures and temporary expenditure relating to execution strictly confined to the requirements of the project in question. 7. 9. Contracts under emergency assistance shall be undertaken in such a way as to reflect the urgency of the situation. To this end, for all operations relating to emergency assistance, the contracting authority may, in agreement with the delegate, authorize:\n\n\n\n\n\n\n(a)\n\n\nthe conclusion of contracts by direct agreement;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe performance of contracts by direct labour;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nimplementation through specialized agencies;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\ndirect implementation by the Commission. 7. 10. With the aim of ensuring the rapid and effective implementation of projects and programmes, an accelerated tendering procedure shall be used except as otherwise indicated by the OCT concerned, or by the Commission by way of a proposal for the agreement of the OCT concerned. The accelerated procedure for issuing invitations to tender shall involve shorter time limits for tendering and the call for tender is confined to the OCT concerned and the neighbouring OCT or ACP States, in accordance with the rules in force in the OCT concerned. The accelerated procedure shall apply in the following cases:\n\n\n\n\n\n\n(a)\n\n\nworks contracts: the estimated cost of which is less than ECU 5 million;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nemergency assistance: irrespective of the value of the contract. 7. 11. By way of derogation, the OCT authorizing officer, in agreement with the delegate, may procure supplies and/or services of a limited amount where they are available in the OCT concerned or neighbouring OCT or ACP States. 7. 12. In order to speed up the procedure, the OCT may request the Commission to negotiate, draw up and conclude service contracts on their behalf directly or through its relevant agency. Article 8\nDesign competition\n8. 1. Where the contracting authority, for technical, aesthetic or financial reasons, considers it appropriate, an invitation to tender may be issued for participation in a design competition. The design competition shall take place on the basis of a schedule and criteria drawn up by the contracting authority. Further, the following shall apply:\n\n\n\n\n\n\n(a)\n\n\nthe schedule may make provision for prizes to be awarded for the best proposals. Such prizes shall be specified by the schedule and awarded to the originators of the said proposals in accordance with the order established by the contracting authority. The contracting authority may withhold prizes if the proposals are not judged satisfactory;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nunless otherwise stated in the invitation to tender, copyright in the proposals submitted shall belong to the competitors. However, the contracting authority may, with the agreement of the competitors, use the proposals for further development. 8. 2. The contracting authority may invite tenders for further investigation, study and design as may be necessary for further development of the project. 8. 3. Subject to Article 8. 1 (b) and 8. 2 the contracting authority may invite tenders for detailed development of a competitor's design and the preparation of documents to the stage where tenders for supply or construction may be invited. 8. 4. The contracting authority may invite tenders for design and build proposals on a turnkey basis. Such tenders shall be of the lump sum type. Tenders shall be assessed according to their aesthetic, practical, technical and economic merits. No prizes shall be offered. Article 9\nPreference\n9. 1. Measures shall be taken to encourage the widest participation of the natural and legal persons of the OCT in the performance of contracts financed by the EDF in order to permit the optimization of the physical and human resources of those countries and territories. To this end:\n\n\n\n\n\n\n(a)\n\n\nfor works contracts of value less than ECU 5 million, tenderers of the OCT, provided that at least one quarter of the capital stock and management staff originates from one or more OCT, shall be accorded 10% price preference where tenders of an equivalent economic and technical quality are compared;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfor supply contracts, irrespective of the value of these supplies, tenderers of the OCT who offer supplies of at least 50% in contract value of OCT origin shall be accorded a 15% price preference where tenders of equivalent economic and technical quality are compared;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nin respect of service contracts, given the required competence, preference shall be given to experts, institutions or consultancy companies or firms from the OCT, where tenders of equivalent economic and technical quality are compared;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhere subcontracting is envisaged, preference shall be given by the successful tenderer to natural persons, companies and firms of the OCT capable of performing the contract required on similar terms. 9. 2. The threshold and the percentages referred to in Article 9. 1 may be altered on the basis of the relevant Council Decision. Article 10\nTypes of contract\n10. 1. Contracts may be one of the following:\n\n\n\n\n\n\n(a)\n\n\nlump sum contracts, where an all-in price shall cover the whole of the works, supplies and services which are the subject of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nunit-price contracts, where the works, supplies and services shall be broken down on the basis of the bill of quantities and the proposed unit prices shall be indicated;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ncost-plus contracts, where the works, supplies and services shall be priced on the basis of actual costs with an addition for overheads and profit;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\ncomposite contracts, where the prices shall be fixed on the basis of at least two of the methods laid down in Article 10. 1;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nprovisional price contracts, where in the exceptional cases provided in Article 10. 2, contracts are awarded without prices being predetermined after consultation and agreement between contracting authority and the tenderer, and paid for in the manner agreed. 10. 2. The award of a provisional price contract may only be made:\n\n\n\n\n\n\n(a)\n\n\nwhere the contract is of a complex nature or involves new techniques presenting considerable technical hazards which necessitate commencement before all conditions of execution can be determined;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the event of exceptional and unforeseeable circumstances, such as where the contract is urgent or the nature and means of execution are difficult to determine. 10. 3. Except for provisional price contracts, contracts shall be awarded on the basis of predetermined prices. These prices may be lump sums or unit prices. 10. 4. The instructions to tenderers shall:\n\n\n\n\n\n\n(a)\n\n\nstate the type of contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfor cost-plus contracts, state the rules for calculating the costs, overheads and profit;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nfor composite contracts, state the methods which are to be used for calculating amounts to be paid under the contract. Article 11\nTechnical specifications and standards\n11. 1. The technical specifications and methods of testing, checking, acceptance and calculation in each contract, may be defined in order of precedence, by reference to the common standards accepted by the EEC and the OCT concerned, or the standards of the OCT concerned, or of a Member State, or any other standard, including international standards. 11. 2. Unless it can be justified by the subject of the contract, technical specifications which mention products of a specific make or source, or a particular process, and which therefore favour or eliminate certain products, shall be prohibited. Such prohibition shall cover trade marks, patents or types, or a specific origin or production. However, where products or processes cannot be specified in terms which are sufficiently precise and intelligible, they may be named, provided that the words \u2018or equivalent\u2019 are added. Article 12\nNotices and written communications\n12. 1. Unless otherwise specified in the special conditions, communications between the contracting authority and/or the supervisor on the one hand, and tenderers or the successful tenderer on the other hand, shall be sent by post, cable, telex, facsimile transmission or personal delivery, to the appropriate addresses designated by these parties for the purpose. 12. 2. If the sender requires evidence of receipt, he shall state such requirement in his communication and shall demand such evidence of receipt whenever there is a deadline for the receipt of the communication. In any event, the sender shall take all the necessary measures to ensure receipt of his communication. INVITATION TO TENDER\n\nArticle 13\nNotice of invitation to tender\n13. 1. A contracting authority wishing to award a contract by open tendering procedure or by restricted tendering procedure with pre-selection shall make known its intention by means of a notice published by the Commission in the Official Journal of the European Communities, the official journal of the OCT concerned and any other appropriate information media, in particular in the OCT and the ACP States in the region. 13. 2. The contracting authority shall submit before issuing invitations to tender the invitation to tender dossier to the delegate. 13. 3. The delegate shall:\n\n\n\n\n\n\n(a)\n\n\nfor accelerated procedures, direct agreement contracts, and contracts for emergency assistance, approve, before the contracting authority issues them, the invitation to tender dossier within 30 days of its submission to him by the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfor all cases other than those mentioned in Article 13. 3 (a) above, transmit the invitation to tender dossier to the Commission for approval within 30 days of its submission to him by the contracting authority. 13. 4. In an open tendering procedure, the notice of invitation to tender shall state:\n\n\n\n\n\n\n(a)\n\n\nthe subject, purpose and extent of the contract; if the contract is subdivided into several lots, the order of magnitude of the different lots and the possibility of tendering for one, several or all of the lots; the possibility of submitting variant solutions where authorized; if the notice concerns an invitation to tender for a design-and-build competition, the design criteria and other requirements necessary for tenderers to understand the scope of the contract and to tender accordingly;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\neligibility criteria and any important or unusual tender evaluation criteria (e. g. margin of preference);\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe location of the project, the source of financing, the period of performance, and in the case of supplies contracts, the place of delivery and/or installation;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe contracting authority, and the name and address of the department awarding the contract;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe method of tendering, the place where the tender dossier may be inspected and the terms on which it may be acquired;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nthe period, reckoned from the final date fixed for receipt of tenders, during which tenderers shall remain bound by their tenders;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nthe final date and time fixed for receipt of tenders, the address to which they must be sent, the number of copies required and the language in which they must be drawn up;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nwhere appropriate, the place, date and time for the opening of the tenders;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\nthe various guarantees which the contracting authority requires, the amount of each guarantee, where appropriate expressed as a percentage of the tender, and the time when such guarantees are to be presented;\n\n\n\n\n\n\n\n\n\n\n(j)\n\n\nthe address of the departments from which tenderers may obtain any further information. 13. 5. In a restricted tendering procedure with pre-selection, the notice shall state in particular:\n\n\n\n\n\n\n(a)\n\n\nthe method of tendering and the information referred to in Article 13. 4 (a), (b), (c), (d) and (g);\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe terms on which the tender dossier may be acquired;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nwhere appropriate, the final date for the issue of invitations to tender by the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe information to be given in the request to participate, in the form of statements and documents concerning the applicant's standing and ability which the contracting authority requires in accordance with Article 4 together with the economic and technical conditions each applicant must fulfil if he wishes to be considered for selection. Article 14\nPre-selection of tenderers\n14. 1. In a restricted tender with pre-selection, a short-list of prospective tenderers shall be drawn up in accordance with Article 14. 2 following, where applicable, a call for pre-qualification after publication of the notice referred to in Article 13. 1. 14. 2. The short-list shall be drawn up, inter alia, in accordance with the provisions of Article 7. 5 and the necessary qualifications to perform the intended project, in particular the provisions of Article 4. 14. 3. The contracting authority shall select the prospective tenderers on the basis of the information given by them in the request made pursuant to Article 13. 5 (d). The prospective tenderers selected shall receive an invitation to tender stating in particular the following:\n\n\n\n\n\n\n(a)\n\n\nthe information given in Article 13. 4 (e), (f), (g), (h), (i), and (j);\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\na reference to the notice mentioned in Article 13. 5;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nany amendments, as referred to in Article 18. Article 15\nDirect agreement contracts\n15. 1. For direct agreement contracts, the works, supplies or services which are to be the subject of the contract shall be defined after negotiations between the contracting authority and the tenderer. 15. 2. Where the procedure by direct agreement is applied, the candidate shall be chosen by the OCT concerned on the basis of a short list drawn up in accordance with Articles 4 and 7. 5. 15. 3. On completion of the negotiations, the contracting authority shall draw up and notify the text of the contract in accordance with Article 38. 15. 4. The contracting authority and the tenderer shall agree on a date which shall be deemed to be the date of the conclusion of the contract. This date shall be set out in the text of the contract. TENDER DOSSIER\n\nArticle 16\nContents of tender dossier\n16. 1. The invitation to tender dossier shall contain details of the way in which tenders are to be presented and the criteria for selection of the successful tender. In addition to the invitation to tender, the tender dossier may contain any or all of the following:\n\n\n\n\n\n\n(a)\n\n\nthe instructions to tenderers;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe general conditions applicable to the particular category of contract;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe special conditions for the specific contract;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe technical specifications and/or terms of reference;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe form for the breakdown of the overall price in the case of lump sum contracts, or the form for the unit price schedules and/or the bill of quantities in the case of unit price contracts;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nthe schedule of requirements or additional information;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nthe drawings;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nthe tender form;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\nthe tender guarantee form;\n\n\n\n\n\n\n\n\n\n\n(j)\n\n\nthe contract form;\n\n\n\n\n\n\n\n\n\n\n(k)\n\n\nthe performance guarantee form; and\n\n\n\n\n\n\n\n\n\n\n(l)\n\n\na description of the tender evaluation system giving the criteria for evaluation and the weight attached to the individual criteria. 16. 2. In addition, and depending on the nature of the contract, the tender dossier shall be accompanied by a \u2018note of general information\u2019. This note will be prepared by the delegate in consultation with the OCT concerned and subject to the approval by the latter. It will be provided for information only and shall not form part of the contract. It shall include all or part of the following:\n\n\n\n\n\n\n(a)\n\n\ngeographical notes on the region in which the place of execution of the contract is located including notes on the climate;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nlocation of the place of execution of the contract, access routes and other infrastructures which may be used in the performance of the contract;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ninformation concerning customs, tax and price laws and regulations;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwage scales and legal or contractual charges payable by employers, including an indication of minimum or normal wage levels laid down by the law of the State of the contracting authority or customary in the place where the contract is to be performed, corresponding to the main local categories of labour required for the contract;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\ninformation on the exchange control laws and regulations and the monetary and banking system of the State of the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nany other information relating to the laws and regulations of the State of the contracting authority which govern the performance of contracts, including details as to the departments to which application should be made to obtain copies of those laws and regulations. 16. 3. The terms of reference for service contracts shall contain in particular:\n\n\n\n\n\n\n(a)\n\n\na description, which shall be as detailed as possible, of the object of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfactual details, such as data in the possession of the contracting authority, restrictions that are binding upon the contracting authority in observance of certain technical or other rules, and obligations laid down by the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ndepending on the nature of the contract, preliminary draft studies or implementation schemes, and a draft contract, if available;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\ngeneral documentation comprising, in particular, the laws and regulations relating to the technical field covered by the contract, or any other reference enabling access to such laws and regulations. 16. 4. The tenderer shall carefuly examine all instructions, conditions, forms, terms, specifications and drawings in the tender dossier. The tenderer shall be solely responsible for the responses he provides to the requirements in the tender dossier and for any omission or errors in his responses. Failure to furnish all information required by the tender dossier or submission of a tender which is not responsive to the tender dossier in every respect, will be at the tenderer's own risk and may result in rejection of his tender. Article 17\nClarification of tender information\nWhere, in response to a tender's queries or otherwise, information regarding the contract to be performed or other information which may affect the pricing of the tender is supplied to a tenderer, such information shall also be issued in writing by the contracting authority to the other tenderers, in so far as these are known, provided that information of a commercial nature relating to the acceptability of variant solutions shall not be issued to the other tenderers. The contracting authority will respond only to those queries or requests for clarification which it receives at least 30 days prior to the deadline for the submission of tenders. Article 18\nAmendments to tender dossier\nAny change made to the tender dossier during the tender period by the contracting authority shall be communicated forthwith in writing to all prospective tenderers who have been provided with the tender documents, together with notice of any extension of the tender period which the contracting authority may consider necessary to enable tenderers to take account of such a change. INSTRUCTIONS TO TENDERERS\n\nArticle 19\nLanguage\nThe tender, contract documents and all correspondence and documents relating to them shall be in the language stated in the instructions to tenderers. Article 20\nContents of tender\n20. 1. The tender to be prepared and submitted by the tenderer shall, in accordance with the requirements stated in the tender dossier, comprise:\n\n\n\n\n\n\n(a)\n\n\nthe completed tender form and appendix thereto;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe tender guarantee;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe breakdown of the overall price in the case of lump sum contracts, or the unit price schedule and /or the bill of quantities in the case of unit price contracts;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nschedules of supplementary information;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe documents providing proof of the standing and ability of the tenderer referred to in Article 4, save in the event of a restricted tendering procedure with pre-selection;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nthe authorized variant solutions, and any other elements required to be submitted in accordance with the instructions to tenderers embodied in the tender dossier;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nall information necessary to assess the tenders;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nif the instructions to tenderers specify that an after-sales service is required, a note indicating the means with which the tenderer shall meet the obligations to provide such a service;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\nwhere appropriate, additional guarantees proposed by the tenderer concerning, inter alia, the period of performance and the scope of work;\n\n\n\n\n\n\n\n\n\n\n(j)\n\n\nall information on any subcontracting envisaged;\n\n\n\n\n\n\n\n\n\n\n(k)\n\n\nthe tender price and the method and the currencies of payment. 20. 2. After-sales service shall be required for supply contracts unless the nature of the supplies do not justify such service. Where the contracting authority requires an after-sales service:\n\n\n\n\n\n\n(a)\n\n\nthe special conditions shall specify the conditions and modalities of this service and its duration;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe successful tenderer shall, unless the nature of the supplies or relevant conditions do not so justify, establish within the State of the contracting authority the required after-sales service. Article 21\nLots\n21. 1. In considering how a project may be carried out, account shall be taken of the advantage, for economic and technical reasons, of dividing the project into homogenous lots which are as large as possible. 21. 2. Where a project has been divided into lots, the instructions to tenderers shall state:\n\n\n\n\n\n\n(a)\n\n\nthe number of lots;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe nature, location and size of each lot; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nwhere appropriate, the minimum and maximum number of lots for which a tenderer may tender. 21. 3. The procedure for submitting a tender shall be as follows:\n\n\n\n\n\n\n(a)\n\n\na tenderer may submit a tender for each lot;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nunless the instructions to tenderers provide otherwise, a tenderer may include in his tender the overall rebate he would grant in the event of amalgamation of some or all of the lots for which he has submitted individual tenders;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nunless the instructions to tenderers state that lots apportioned to the same tenderer shall form a single contract, each lot shall form a separate contract;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhere lots are to be apportioned to different tenderers, the invitation to tender dossier or the instructions to tenderers may provide that the tenderer for a particular lot shall ensure the coordination of the execution of all lots. Article 22\nCooperation with third parties\n22. 1. In order to enhance the OCTs' capacity to build up their technical skills and to improve the know-how of their consultants, cooperation partnership arrangements shall be encouraged between consultancy firms, consulting engineers, experts and institutions of the EEC and those of the OCT. To this end, the Commission and the OCT shall make every effort to:\n\n\n\n\n\n\n(a)\n\n\nencourage by means of joint ventures, sub-contracting or the use of experts who are nationals of the OCT in teams employed by consultancy firms, consulting engineers or institutions in the EEC;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ninform tenderers in the tender dossier of the selection criteria and preferences provided for in these general regulations, particularly those relating to the encouragement of the use of OCT human resources. 22. 2. The contracting authority may, in the invitation to tender or during the negotiation of a contract, propose to prospective tenderers the assistance of other OCT or ACP companies or firms or national experts or consultants to be selected by mutual agreement. This cooperation may take the form either of a joint venture, or of a subcontract or of on-the-job training of trainees. 22. 3. When the cooperation takes the form of:\n\n\n\n\n\n\n(a)\n\n\na joint venture, Article 4. 3 (b) shall apply;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\na subcontract, Article 4. 3 (f) shall apply;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\non-the-job training of trainees, the trainees proposed by the contracting authority must have basic skills consistent with effective participation in the on-the-job training tasks involved in the performance of the contract. The maximum number of trainees shall be stipulated in the special conditions. In the calculation of remuneration or tender prices, account shall be taken of any cost borne by the tenderer as a result of the provision of on-the-job training for trainees. On-the-job training of trainees shall not under any circumstances limit the obligations of the successful tenderer with whom the contract is concluded, nor shall it impose any liability whatsoever on the contracting authority or the supervisor. 22. 4. The parties involved shall undertake to cooperate mutually and shall agree on the procedure for such cooperation and in particular the responsibilities arising from it. Article 23\nIndependence of tenderers\n23. 1. If a tenderer in the case of service contracts has entered into a legal relationship with natural or legal persons who might participate in the carrying out of works, or the provision of supplies, which the services are intended to define or prepare, or if he otherwise maintains with them special relations likely to compromise his independence, he shall inform the contracting authority thereof in his tender, or at the time of negotiation of the contract, or whenever such circumstances arise before the award of the contract. 23. 2. If, notwithstanding such information, a contract is concluded with the said tenderer, the contracting authority shall reserve the right to exclude the natural or legal persons concerned from participating in carrying out such works or providing such supplies. Article 24\nPricing of tenders\n24. 1. The tenderer shall provide the information required by the tender dossier for the pricing, make the necessary arithmetical calculations, sign the form of tender and attach it to his tender. 24. 2. The total amount of the tender shall be written in figures and in words. In all cases where there is a discrepancy between a price stated in figures and also in words, the price stated in words shall prevail. Where the instructions to tenderers so require, the following shall also be written in figures and in words:\n\n\n\n\n\n\n(a)\n\n\nthe breakdown of the overall price in the case of lump sum contracts;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe unit prices for each item in the bill of quantities and/or the unit price schedule in the case of unit price contracts;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nin the case of a composite contract, the breakdown of the overall price part as well as the bill of quantities and /or the price schedule for the unit price part. 24. 3. Prices must correspond to the relative value of each item in relation to the total amount of the tender. Prices should not be of such a nature as to distort the comparison of tenders or to result in interim payments which are disproportionate to the value of the work done. 24. 4. Tenders shall be expressed in the national currency of the State of the contracting authority. 24. 5. A tenderer may request in his tender that a justified part, expressed as a percentage of the tender price, be paid directly to him in foreign currency. The justification required shall be assessed in the light of the verifiable facts as regards the real origin of the works, supplies or sevice to be performed and the expenditure to which they give rise. The conversion rate to be applied for the foreign currency payment shall be that in force 30 days prior to the latest date fixed for the submission of tenders. 24. 6. The price offered by the tenderer shall take into account the tax arrangements applicable as set out in the Convention. Article 25\nPeriod of validity\n25. 1. Tenderers shall remain bound by their tenders for the period prescribed by the contracting authority, pursuant to Article 13. Any tender valid for a shorter period may be rejected by the contracting authority. The period fixed by the contracting authority shall be sufficient to permit evaluation and comparison of tenders, for obtaining all necessary clearances and approvals, and for the notification of the award of contract. The validity period should normally not exceed 120 days from the final date fixed for the submission of tenders but it may vary depending on the nature and complexity of the contract. 25. 2. In exceptional circumstances, prior to the expiry of the original tender validity period, the contracting authority may request the tenderer for a specified extension in the period of validity. Tenderers agreeing to the request will neither be required nor permitted to modify their tenders, but will be required to extend the validity of their tender guarantees correspondingly. The provisions of Article 26 regarding discharge and forfeiture of the tender guarantee shall continue to apply during the extended period of tender validity. 25. 3. The successful tenderer shall remain bound by his tender for a further period of 60 days following the receipt of the communication notifying him of his selection. Article 26\nTender guarantee\n26. 1. Unless otherwise provided in the instructions to tenderers, tenderers for works and supplies contracts shall, as an earnest of their tenders, provide a guarantee. The tender dossier shall specify the amount of this guarantee which shall in no case exceed 2 % of the amount of the tender. 26. 2. The tender guarantee shall be provided in the form of a bank guarantee, a banker's draft, a certified cheque, a bond provided by an insurance or bonding company, an irrevocable letter of credit or a cash deposit made with the contracting authority. If the tender guarantee is to be established in the form of a bank guarantee, a banker's draft, a certified cheque or a bond, it shall be issued by a bank, insurance or bonding company, approved by the contracting authority and established in the OCT, an ACP or a Member State. The bank guarantee or the bond shall be in strict conformity with the tender guarantee form included in the tender dossier or, in the case of direct agreement contract, in the special conditions. Whatever form it takes, the guarantee shall be independent and payable on first demand and valid for at least 60 days beyond the tender validity period. 26. 3. Any tender not accompanied by an acceptable tender guarantee may be rejected by the contracting authority. 26. 4. The tender guarantees of tenderers who have not been selected will be released not later than 60 days after the expiration of the tender validity period, as extended where appropriate in accordance with Article 25. 2, or upon the award of the contract, whichever is earlier. 26. 5. The tender guarantee of the successful tenderer shall be discharged when the tenderer has signed the contract and furnished the required performance guarantee, to the satisfaction of the contracting authority. 26. 6. The tender guarantee may be called up without notice:\n\n\n\n\n\n\n(a)\n\n\nif a tenderer withdraws his tender during the period of tender validity of his tender;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the case of the successful tenderer, if he fails within the specified time limit to sign the contract or furnish the required performance guarantee. Article 27\nVariant solutions\n27. 1. Unless otherwise stated in the instructions to tenderers, tenderers may submit a tender based on a variant solution. The instructions to tenderers must specify any limitations, design criteria and other requirements applicable to a variant solution. Unless stated otherwise in the instructions to tenderers, the submission of a tender based on a variant solution is conditional upon the submission of a tender based on the conforming solution. 27. 2. Variant solutions may not derogate from the requirements of these general regulations. Tenders based on the tender dossier and those for variant solutions shall be evaluated simultaneously. 27. 3. The instructions to tenderers must state whether the tenderer submitting a variant solution is to be responsible for the design of the variant solution, and if this is the case, must specify procedures, in particular for checking, revision and approval. 27. 4. The submission of any variant solution shall comprise:\n\n\n\n\n\n\n(a)\n\n\nan individual tender for the variant solution;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\na demonstration of the benefit of the variant solution over the conforming solution, including quantifiable justification of any economic advantage;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\na draft of the amendments to the technical provisions of the special conditions necessitated by the variant solution;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe drawings and specifications provided for in the conforming solution, but not affected by the variant solution;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe drawings and specifications affected by the variant solution;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\na technical note on the conception of the variant solution and where appropriate, drawings and the calculations;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nfor lump sum contracts, an itemized breakdown of the overall price as modified by the variant solution;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nfor unit-price contracts, a bill of quantities and/or a price schedule as modified by the variant solution. Article 28\nPre-tender visit\n28. 1. The tenderer is advised to visit and inspect the place where the contract is to be executed and its surroundings and obtain for himself, on his own responsibility, all information that may be necessary for preparing the tender and entering into a contract. The costs of visiting the place where the contract is to be executed shall be borne by the tenderer. 28. 2. The tenderer and any of his personnel or agents will, so far as is practicable, be granted permission by the contracting authority to enter the place where the contract is to be executed for the purpose of such inspection, provided that the tenderer, his personnel or agents will release and indemnify the contracting authority and its personnel and agents from and against all liability in respect thereof. Accordingly, the tenderer will be responsible for any personal injury, whether fatal or otherwise, loss or damage which, but for acting on such permission, would not have arisen. 28. 3. Without prejudice to the laws and regulations on immigration of the State of the contracting authority, the OCT concerned shall grant an entry permit to any person who substantiates his eligibility in terms of Article 4 as a participant in an invitation to tender, or any agent of such person, for the purpose of carrying out visits enabling him to prepare his tender. This permit shall expire on the day following the end of the tender validity period. Article 29\nSigning of tenders\n29. 1. The tender shall be signed by the tenderer or by his duly authorized agent as required by the instructions to tenderers. It shall be drawn up in a single original bearing the word \u2018original\u2019. The number of copies to be supplied by the tenderer shall be stated in the instructions to tenderers. Copies shall be signed in the same way as the original and shall bear the word \u2018copy\u2019. 29. 2. A tender submitted by an agent must state the name of the principal on whose behalf he is acting. No agent may represent more than one tenderer. Agents shall attach to the tender the simple contract or notarial act or deed which empowers them to act on behalf of tenderers. A signature to a deed must be certified in accordance with the national law of the State of the principal. 29. 3. If a tenderer is a joint venture or consortium of two or more persons, the tender must be single with the object of securing a single contract, each person must sign the tender, and all such persons shall be jointly and severally bound by the tender and any resulting contract according to the law of the State of the contracting authority, and shall designate one of such persons to act as leader with authority to bind the joint venture or consortium. The composition or constitution of the joint venture or consortium shall not be altered without the prior consent in writing of the contracting authority. 29. 4. The tender may be signed by the representative of the joint venture or consortium only if he has been expressly so authorized in writing by the members of the joint venture or consortium, and the authorizing contract, notarial act or deed is attached to the tender. All signatures to the authorizing instrument must be certified in accordance with the national laws and regulations of each of the parties comprising the joint venture or the consortium together with the powers of attorney establishing, in writing, that the signatories to the tender are empowered to enter into commitments on behalf of the members of the joint venture or consortium. Each member of such joint venture or consortium must provide the proof required under Article 4 as if he, himself, were the tenderer. 29. 5. The complete tender shall be without alterations, interlineation or erasures, except those to accord with instructions issued by the contracting authority, or necessary to correct errors made by the tenderer. Alterations and corrections shall be initialled by the person or persons signing the tender. 29. 6. Except in the case of lots pursuant to Article 21 and variant solutions pursuant to Article 27, only one tender may be submitted by each tenderer. No tenderer may participate in the tender of another for the same contract in any capacity whatsoever. SUBMISSION OF TENDERS\n\nArticle 30\nTime limit\n30. 1. Tenders must be received by the contracting authority at the address and not later than the date and time specified in accordance with Article 13. In determining this date, the contracting authority must ensure that adequate time is allowed, taking into account the nature, size, complexity, and location of the intended project and other relevant factors. Such period shall not, however, be less than 90 days for an open invitation to tender. 30. 2. The contracting authority may, at its discretion, extend the deadline referred to in Article 30. 1 for the submission of tenders by amending the tender dossier in accordance with Article 18, in which case all previous rights and obligations of the contracting authority and tenderers, subject to the previous deadline, will thereafter be subject to the deadline as extended. Should a tenderer exercise his right of withdrawal after receiving notice of the extention, his tender shall be returned to him and his tender guarantee shall be released after the tender opening session. 30. 3. Any tenders received by the contracting authority after the deadline for receipt of tenders prescribed by the contracting authority, in accordance with Articles 13. 4 (g) and 18 shall be rejected and returned to the tenderer after the tender opening session. Article 31\nSealing and marking of envelopes\n31. 1. The tender, the annexes thereto as stipulated in the instructions to tenderers and the supporting documents referred to in Article 4 shall be placed in a sealed non-identifiable envelope, bearing only:\n\n\n\n\n\n\n(a)\n\n\nthe address designated for submission of tenders in the notice of invitation to tender or in the invitation to tender;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe reference to the notice of invitation to tender in reply to which the tender is being submitted;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nwhere appropriate, the numbers of the lots tendered for; and\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe words \u2018not to be opened before the tender opening session\u2019 written in the language of the lender dossier. 31. 2. The instructions to tenderers shall specify in each case whether the documents relating to the price proposal shall be placed together with the technical proposal in one envelope or in separate envelopes. In the latter case, the price proposal shall be placed in a separate identifiable envelope, bearing the words \u2018tender price\u2019, which shall be sealed and placed together with the technical proposal in the envelope referred to in Article 31. 1. Article 32\nWithdrawals and amendments\n32. 1. Any tenderer may modify or withdraw his tender before the deadline referred to in Article 30. 3, provided that written notice of such modification or withdrawal is received by the contracting authority prior to that deadline. 32. 2. The tenderer's modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of Article 31. A withdrawal notice may also be sent by personal delivery or by telex, cable, or facsimile transmission but followed by a signed confirmation copy, post marked not later than the deadline for submission of tenders. Withdrawals will be unconditional and will end further participation in the tendering procedure. 32. 3. No tender may be modified subsequent to the deadline referred to in Article 30. 3, except in accordance with Article 34. 1. 32. 4. No tender may be withdrawn in the interval between the deadline referred to in Article 30. 3 and the expiration of the period of tender validity. Withdrawal of a tender during this interval may result in forfeiture of the tender guarantee. EXAMINATION OF TENDERS\n\nArticle 33\nOpening of tenders\n33. 1. On receipt of the tenders, the envelopes shall be entered in a special register in the order in which they arrive. The registration number and the date and time of arrival shall be recorded on the envelope. Envelopes remain sealed and are to be kept in a safe place until they are opened under the conditions set out in Articles 33. 2 and 33. 3. 33. 2. At a public tender opening, the tenderers' names, the tender prices, written notifications of tender modifications and withdrawals, the presence of the requisite tender guarantee, and such other details as the contracting authority may consider appropriate shall, if any, be announced. In the case of a \u2018two-envelope\u2019 system as mentioned in Article 31. 2 the announcement shall include the fact that no price envelope has been opened. 33. 3. Opening and examination of tenders shall comply with the rules of the OCT concerned and shall be for the purpose of checking whether the tenders are complete, whether the requisite tender guarantee has been furnished, whether the documents have been properly signed and whether the tenders are generally in order. 33. 4. The envelopes which bear the words \u2018tender price\u2019 in accordance with Article 31 shall not be opened until the work of evaluating the tenders, other than the prices, has been completed. 33. 5. Only the tenders contained in those envelopes which have been received not later than the deadline referred to in. Article 30. 3 shall be taken into consideration in the evaluation. 33. 6. The contracting authority shall prepare, for its own records, minutes of the tender opening, including the information disclosed to those present in accordance with Article 33. 2. 33. 7. After the public opening of tenders, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of the contract shall not be disclosed to tenderers or other persons not officially concerned with such process. 33. 8. Any attempt by a tenderer to influence the contracting authority in the process of examination, clarification, evaluation and comparison of tenders, and in decisions concerning the award of the contract, shall result in the rejection of his tender. 33. 9. The delegate shall be present at the opening of tenders, and shall receive a copy of each tender. Article 34\nEvaluation of tenders\n34. 1. To facilitate the examination, evaluation and comparison of tenders, the contracting authority may ask each tenderer individually for clarification of his tender, including breakdowns of unit prices. The request for clarification and the response shall be in writing and communicated by any of the means referred to in Article 12, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the contracting authority during the evaluation of the tenders pursuant to Article 34. 7. 34. 2. Prior to the detailed evaluation of tenders, the contracting authority shall determine whether each tender is substantially responsive to the requirements of the tender dossier. 34. 3. For the purpose of Article 34, a responsive tender is one which conforms to all the terms, conditions and specifications of the tender dossier without material deviation or reservation. A material deviation or reservation is one which affects the scope, quality or performance of the contract, or which, in any substantial way, is inconsistent with the tender dossier or limits the contracting authority's rights or the tenderer's obligations under the contract, and affects unfairly the competitive position of tenderers presenting responsive tenders. 34. 4. If a tender is not responsive to the tender dossier, it shall be rejected by the contracting authority, and may not subsequently be made responsive by correction or withdrawal of the deviation or reservation. 34. 5. Tenders determined to be responsive shall be evaluated technically for conformity with the invitation to tender dossier and the provisions of Article 36, and then ranked on the basis of their technical qualities. The special conditions shall, where appropriate, specify the detailed criteria for technical evaluation. 34. 6. Following the completion of the technical evaluation, tenders which, on the basis of Article 34. 5, are technically responsive shall be evaluated financially. Tenders shall be compared in the national currency. 34. 7. Tenders determined to be responsive shall be checked by the contracting authority for any arithmetic errors in computation and summation. Errors shall be corrected by the contracting authority as follows:\n\n\n\n\n\n\n(a)\n\n\nwhere there is a discrepancy between amounts in figures and also in words, the amount in words shall prevail; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nexcept for lump-sum contracts, where there is a discrepancy between the unit price and the total amount derived from the multiplication of the unit price and quantity, the unit price as quoted shall prevail, unless in the opinion of the contracting authority there is an obvious error in the unit price, in which event the total amount as quoted shall prevail and the unit price shall be corrected by the contracting authority. 34. 8. The amount stated in the tender, corrected if necessary by the contracting authority, in accordance with Article 34. 7, shall be considered as binding upon the tenderer. If the tenderer does not accept the corrected amount of the tender, his tender shall be rejected. 34. 9. After tenders have been evaluated fully in accordance with the provisions of Article 34, responsive tenders shall be grouped into tenders offered by those tenderers eligible for preference under Article 9 and tenders offered by other tenderers. For the purposes of further evaluation and comparison of tenders only, the tender prices, corrected where necessary, of the tenderers not eligible for preference shall be increased by the percentage margin of preference. Further details of the procedures to be used in giving effect to the margin of preference provisions of Article 9 shall be as laid down by the contracting authority in the tender dossier. 34. 10. The evaluation proceedings shall be recorded in properly signed minutes which shall not be made public or communicated to any tenderer. A copy of these minutes will be sent to the delegate. Article 35\nAnnulment of the tender procedure\n35. 1. The contracting authority may, prior to awarding the contract, without thereby incurring any liability to the tenderers, and notwithstanding the stage reached in the procedures leading to the conclusion of the contract:\n\n\n\n\n\n\n(a)\n\n\neither decide to annul the tender procedure in accordance with Article 35. 2, or order that the procedure be recommenced, if necessary, using another method; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nwhere the project is divided into lots, award only certain of the lots and possibly decide that the others are to be the subject of another tender or other tenders, if necessary, using another method. 35. 2. The annulment by the contracting authority of a tender procedure may take place in the following cases:\n\n\n\n\n\n\n(a)\n\n\nif no tender is responsive to the tender dossier;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nif no tender satisfies the criteria for the award of the contract as set out in Article 36;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nif the economic or technical data of the project have been altered;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nif exceptional circumstances render normal performance of the contract impossible;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nif every tender received exceeds the financial resources earmarked for the contract;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nif the tenders received contain serious irregularities resulting in interference with the normal play of market forces; or\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nif there has been no competition. 35. 3. In the event of annulment of any tender procedure, tenderers who are still bound by their tenders shall be notified thereof by the contracting authority. Such tenderers shall not be entitled to compensation; they shall be entitled to the immediate release of the tender guarantee. 35. 4. When the annulment of the tender procedure is caused by circumstances which do not necessitate the opening of tenders, the unopened and sealed envelopes containing the price proposals, where appropriate, and, in any event, the other elements of the tender shall be returned to the tenderers at the tenderers' cost. AWARD OF CONTRACT\n\nArticle 36\nSelection\n36. 1. The contracting authority shall award the contract to the tenderer:\n\n\n\n\n\n\n(a)\n\n\nwhose tender is found to be responsive to the tender dossier; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfor works and supply contracts, who has offered the most advantageous tender as assessed, inter alia, on the basis of:\n\n\n\n\n\n\n(i)\n\n\nthe price, the operating and maintenance costs;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nthe qualifications of, and the guarantees offered by the tenderers, as well as the technical qualities of the tender, including the offer of an after-sales service in the OCT concerned;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\nthe nature of, the conditions and the time limits for performing the contract, and the adaptation to local conditions;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nfor service contracts, who offers the most advantageous tender taking into account, inter alia, the price, the technical value of the tender, the organization and the methodology proposed for the provision of the services, as well as the competence, independence and availability of the personnel proposed. 36. 2. Where two tenders are acknowledged to be equivalent on the basis of the criteria stated above, preference shall be given to:\n\n\n\n\n\n\n(a)\n\n\nthe tenderer of the OCT or an ACP State; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nif no such tender is forthcoming, to the tenderer who permits the best possible use of the physical and human resources of the OCT. 36. 3. The contracting authority shall:\n\n\n\n\n\n\n(a)\n\n\ncomplete the evaluation of tenders within the tender validity period taking into consideration the period required for the approval of contracts;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ntransmit the result of the examination of the tenders and a proposal for placing the contract to the delegate. 36. 4. The delegate shall:\n\n\n\n\n\n\n(a)\n\n\napprove within 30 days the contracting authority's proposal for the placing of the contract for all:\n\n\n\n\n\n\n(i)\n\n\ndirect: agreement contracts;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nservice contracts;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\ncontracts relating to emergency assistance;\nand\n\n\n\n\n\n\n\n\n\n\n(iv)\n\n\ncontracts by accelerated procedures, for works contracts worth less than ECU 5 million and supply contracts worth less than ECU 1 million;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\napprove within 30 days the contracting authority's proposal for the placing of the contract not covered by Article 36. 4 (a) wherever the following conditions are fulfilled: the tender selected is the lowest of those conforming to the requirements of the tender dossier, meets the selection criteria stated therein and does not exceed the sum earmarked for the contract;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nwhere the conditions set out in Article 36. 4 (b) are not fulfilled, forward the proposal for the placing of the contract to the Commission which shall decide thereon within 60 days of the receipt by the delegate. Where the price of the selected tender exceeds the sum earmarked for the contract, the Commission shall, upon giving approval to the award, make the necessary financial commitment. Article 37\nNotification of award\n37. 1. Prior to the expiration of the period of tender validity, the contracting authority shall notify the successful tenderer in writing that his tender has been accepted. 37. 2. Unless otherwise provided in the tender dossier, in the case of works and supply contracts, once the successful tenderer has furnished a performance guarantee in accordance with the provisions of Article 40, the contracting authority shall promptly notify the other tenderers that their tenders have been unsuccessful, and return their tender guarantees. 37. 3. The contracting authority shall not be obliged to state the reasons for its choice nor enter into any discussion or correspondence with tenderers on the results of the invitation to tender. 37. 4. The results of public invitations to tender shall be published in the Official Journal of the European Communities and, subject to the practice in the OCT concerned, in the official journal of the State and/or any other appropriate information media. Article 38\nPreparation of contract document\n38. 1. After communication of the result of the tender in accordance with Article 37, the contract shall be prepared by the contracting authority for submission to the successful tenderer for signature. This document shall include at least the following:\n\n\n\n\n\n\n(a)\n\n\na list of documents comprising the contract specifying the order of precedence of the documents;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nany agreed additions to and derogations from these documents;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe contract price;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nany decisions taken by the contracting authority pursuant to Article 34. 7;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe names of the supervisor and the supervisor's representative, if these are not included in the special conditions. 38. 2. The contract document shall be submitted to the successful tenderer for signature. Article 39\nSigning of the contract\n39. 1. Unless otherwise provided in the tender dossier, within 30 days of receipt of the contract document, the successful tenderer shall sign the contract. After signature by the successful tenderer the contract document shall be returned to the contracting authority or his authorized representative or the competent authority of the OCT concerned for approval as necessary, and signature. 39. 2. The contracting authority shall not, unless otherwise provided by the tender dossier, sign the contract until the performance guarantee has been established in accordance with Article 40. 39. 3. By the signature of the contracting authority, the contract becomes binding upon both parties and the successful tenderer shall be notified of the fact of such signature. 39. 4. Notwithstanding the provisions of Article 39. 1 to 39. 3, the contracting authority may, depending on the nature of the contract, decide to conclude the contract on the basis of the letter of contract procedure whereby the notification of award of contract shall constitute the conclusion of the contract. In such case, the items listed in Article 38. 1 shall be attached to the letter. 39. 5. In the event of withdrawal by the successful tenderer, the contracting authority may call up his tender guarantee. In addition, it may approach the other tenderers according to the order in which their tenders are classified, or may initiate a fresh procedure for the invitation of tenders. If necessary, a contract by direct agreement may be negotiated. Article 40\nPerformance guarantee\n40. 1. Unless otherwise provided by the tender dossier, the successful tenderer for a works or supply contract shall, within 30 days of receipt of the notification of award from the contracting authority furnish to the contracting authority a performance guarantee in the form specified in the general conditions. 40. 2. Failure of the successful tenderer to comply with the requirements of Article 40. 1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender guarantee, in which event the contracting authority may proceed in accordance with Article 39. 5. GENERAL AND FINAL PROVISIONS\n\nArticle 41\nGeneral and final provisions\n41. 1. All documents and proposals submitted by the contracting authority to the Commission or the delegate for agreement or approval in accordance with these general regulations shall be approved or deemed to be approved within the time limits laid down by these general regulations, or where no time limit is stated herein, within 30 days. 41. 2. Claims accepted for delayed payments shall be borne by the OCT concerned and by the Commission, each from its own resources, for that part of the delay for which it is responsible. ANNEX II\nGENERAL CONDITIONS FOR WORKS CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT\nCONTENTS\n\nPRELIMINARY PROVISIONS\n\n\n\n\n\n\n\nArticle 1 \u2014\n\nDefinitions\n\n\n\n\n\n\n\n\n\nArticle 2 \u2014\n\nLaw and language of the contract\n\n\n\n\n\n\n\n\n\nArticle 3 \u2014\n\nOrder of precedence of contract documents\n\n\n\n\n\n\n\n\n\nArticle 4 \u2014\n\nNotices and written communications\n\n\n\n\n\n\n\n\n\nArticle 5 \u2014\n\nSupervisor and supervisor's representative\n\n\n\n\n\n\n\n\n\nArticle 6 \u2014\n\nAssignment\n\n\n\n\n\n\n\n\n\nArticle 7 \u2014\n\nSubcontracting\n\n\n\n\nOBLIGATIONS OF THE CONTRACTING AUTHORITY\n\n\n\n\n\n\n\nArticle 8 \u2014\n\nSupply of documents\n\n\n\n\n\n\n\n\n\nArticle 9 \u2014\n\nAccess to site\n\n\n\n\n\n\n\n\n\nArticle 10 \u2014\n\nAssistance with local regulations\n\n\n\n\n\n\n\n\n\nArticle 11 \u2014\n\nDelayed payments to the contractor's staff\n\n\n\n\nOBLIGATIONS OF THE CONTRACTOR\n\n\n\n\n\n\n\nArticle 12 \u2014\n\nGeneral obligations\n\n\n\n\n\n\n\n\n\nArticle 13 \u2014\n\nSuperintendence of the works\n\n\n\n\n\n\n\n\n\nArticle 14 \u2014\n\nStaff\n\n\n\n\n\n\n\n\n\nArticle 15 \u2014\n\nPerformance guarantee\n\n\n\n\n\n\n\n\n\nArticle 16 \u2014\n\nInsurance\n\n\n\n\n\n\n\n\n\nArticle 17 \u2014\n\nPerformance programme\n\n\n\n\n\n\n\n\n\nArticle 18 \u2014\n\nDetailed breakdown of prices\n\n\n\n\n\n\n\n\n\nArticle 19 \u2014\n\nContractor's drawings\n\n\n\n\n\n\n\n\n\nArticle 20 \u2014\n\nSufficiency of tender prices\n\n\n\n\n\n\n\n\n\nArticle 21 \u2014\n\nExceptional risks\n\n\n\n\n\n\n\n\n\nArticle 22 \u2014\n\nSecurity of sites\n\n\n\n\n\n\n\n\n\nArticle 23 \u2014\n\nSafeguarding adjacent properties\n\n\n\n\n\n\n\n\n\nArticle 24 \u2014\n\nInterference with traffic\n\n\n\n\n\n\n\n\n\nArticle 25 \u2014\n\nCables and conduits\n\n\n\n\n\n\n\n\n\nArticle 26 \u2014\n\nSetting-out\n\n\n\n\n\n\n\n\n\nArticle 27 \u2014\n\nDemolished materials\n\n\n\n\n\n\n\n\n\nArticle 28 \u2014\n\nDiscoveries\n\n\n\n\n\n\n\n\n\nArticle 29 \u2014\n\nTemporary works\n\n\n\n\n\n\n\n\n\nArticle 30 \u2014\n\nSoil studies\n\n\n\n\n\n\n\n\n\nArticle 31 \u2014\n\nOverlapping contracts\n\n\n\n\n\n\n\n\n\nArticle 32 \u2014\n\nPatents and licences\n\n\n\n\nCOMMENCEMENT AND DELAYS\n\n\n\n\n\n\n\nArticle 33 \u2014\n\nCommencement orders\n\n\n\n\n\n\n\n\n\nArticle 34 \u2014\n\nPeriod of performance\n\n\n\n\n\n\n\n\n\nArticle 35 \u2014\n\nExtension of period of performance\n\n\n\n\n\n\n\n\n\nArticle 36 \u2014\n\nDelays in performance\n\n\n\n\n\n\n\n\n\nArticle 37 \u2014\n\nVariations\n\n\n\n\n\n\n\n\n\nArticle 38 \u2014\n\nSuspension\n\n\n\n\nMATERIALS AND WORKMANSHIP\n\n\n\n\n\n\n\nArticle 39 \u2014\n\nWork register\n\n\n\n\n\n\n\n\n\nArticle 40 \u2014\n\nQuality of works and materials\n\n\n\n\n\n\n\n\n\nArticle 41 \u2014\n\nInspection and testing\n\n\n\n\n\n\n\n\n\nArticle 42 \u2014\n\nRejection\n\n\n\n\n\n\n\n\n\nArticle 43 \u2014\n\nProperty in plant and materials\n\n\n\n\nPAYMENTS\n\n\n\n\n\n\n\nArticle 44 \u2014\n\nGeneral provisions\n\n\n\n\n\n\n\n\n\nArticle 45 \u2014\n\nProvisional price contracts\n\n\n\n\n\n\n\n\n\nArticle 46 \u2014\n\nAdvances\n\n\n\n\n\n\n\n\n\nArticle 47 \u2014\n\nRetention sum\n\n\n\n\n\n\n\n\n\nArticle 48 \u2014\n\nRevision of prices\n\n\n\n\n\n\n\n\n\nArticle 49 \u2014\n\nMeasurement\n\n\n\n\n\n\n\n\n\nArticle 50 \u2014\n\nInterim payments\n\n\n\n\n\n\n\n\n\nArticle 51 \u2014\n\nFinal statement of account\n\n\n\n\n\n\n\n\n\nArticle 52 \u2014\n\nDirect payments to sub-contractors\n\n\n\n\n\n\n\n\n\nArticle 53 \u2014\n\nDelayed payments\n\n\n\n\n\n\n\n\n\nArticle 54 \u2014\n\nPayments to third parties\n\n\n\n\n\n\n\n\n\nArticle 55 \u2014\n\nClaims for additional payment\n\n\n\n\n\n\n\n\n\nArticle 56 \u2014\n\nPayments in foreign currency\n\n\n\n\nACCEPTANCE AND MAINTENANCE\n\n\n\n\n\n\n\nArticle 57 \u2014\n\nGeneral clauses\n\n\n\n\n\n\n\n\n\nArticle 58 \u2014\n\nTests on completion\n\n\n\n\n\n\n\n\n\nArticle 59 \u2014\n\nPartial acceptance\n\n\n\n\n\n\n\n\n\nArticle 60 \u2014\n\nProvisional acceptance\n\n\n\n\n\n\n\n\n\nArticle 61 \u2014\n\nMaintenance obligations\n\n\n\n\n\n\n\n\n\nArticle 62 \u2014\n\nFinal acceptance\n\n\n\n\nBREACH OF CONTRACT AND TERMINATION\n\n\n\n\n\n\n\nArticle 63 \u2014\n\nBreach of contract\n\n\n\n\n\n\n\n\n\nArticle 64 \u2014\n\nTermination by the contracting authority\n\n\n\n\n\n\n\n\n\nArticle 65 \u2014\n\nTermination by the contractor\n\n\n\n\n\n\n\n\n\nArticle 66 \u2014\n\n\nForce majeure\n\n\n\n\n\n\n\n\n\n\nArticle 67 \u2014\n\nDecease\n\n\n\n\nSETTLEMENT OF DISPUTES\n\n\n\n\n\n\n\nArticle 68 \u2014\n\nSettlement of disputes\n\n\n\n\nPRELIMINARY PROVISIONS\n\nArticle 1\nDefinitions\n1. 1. The following definitions apply to these general conditions and to the contract:\n\n\n\n\n\n\n\u00a0\n\n\n\nEEC: the European Economic Community,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nOCT: the association of the overseas countries and territories with the EEC,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontract: the signed agreement entered into by the parties for the execution of the works including all attachments thereto and all documents incorporated therein,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontractor: the party with whom the contracting authority concludes the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontracting authority: the State or the legal person governed by public or private law which concludes the contract, or on behalf of which the contract is concluded, with the contractor,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nthe State of the contracting authority: the OCT on whose territory the works contract is to be executed,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupervisor: the government department, legal person governed by public law, or the natural or legal person designated by the contracting authority in accordance with the law of the State of the contracting authority, who is responsible for directing and/or monitoring the execution of the works contract, and to whom the contracting authority may delegate rights and /or powers under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupervisor's representative: any natural or legal person, designated by the supervisor as such under the contract, and empowered to represent the supervisor in the performance of his functions, and in exercising such rights and/or powers as have been delegated to him. Accordingly, where functions, rights and/or powers of the supervisor have been delegated to the supervisor's representative, references to the supervisor include the supervisor's representative,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nworks: the temporary and permanent works to be carried out under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nplant: machinery, apparatus, components and all items to be provided under the contract for incorporation in the works,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nequipment: appliances and other machinery, and, where applicable under the law and/or practice of the State of a contracting authority, the temporary structures on the site required for carrying out the works but excluding plant or other items required to form part of the permanent works,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nbill of quantities: the document containing an itemized breakdown of the works to be carried out in a unit price contract, indicating a quantity for each item and the corresponding unit price,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nprice schedule: the completed schedule of prices, including the breakdown of the overall price, submitted by the contractor with his tender, modified as necessary and forming a part of the unit price contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nbreakdown of the overall price: the itemized list of rates and prices showing the build-up of the price in a lump sum contract, but not forming part of the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontract price: the sum stated in the contract representing the initial estimate payable for the execution of the works or such other sum as ascertained by the final statement of account as due to the contractor under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nprovisional sum: a sum included in the contract and so designated for the execution of work or the supply of goods, materials, plant or services, or for contingencies, which sum may be used in whole or in part, or not at all, as instructed by the supervisor,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ndrawings: drawings provided by the contracting authority and/or the supervisor, and/or drawings provided by the contractor and approved by the supervisor, for the carrying out of the works,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsite: the places provided by the contracting authority where the works are to be carried out, and other places stated in the contract as forming part of the site,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nmaintenance period: the period stated in the contract immediately following the date of provisional acceptance, during which the contractor is required to complete the works and to remedy defects or faults as instructed by the supervisor,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nfinal acceptance certificate: certificate(s) issued by the supervisor to the contractor at the end of the maintenance period stating that the contractor has completed his obligations to construct, complete and maintain the works concerned,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nday: calendar day,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ntime limits: those periods in the contract which shall begin to run from the day following the act or event which serves as the starting point for those periods. Should the last day of the period fall upon a non-working day, the period shall expire at the end of the first working day following the last day of the period,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nwriting: any handwritten, typewritten or printed communication, including telex, cable and facsimile transmission,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncommunications: certificates, notices, orders and instructions issued under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nadministrative order: any instruction or order issued by the supervisor to the contractor in writing regarding the execution of the works,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nnational currency: the currency of the State of the contracting authority,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nforeign currency: any permissible currency which is not the national currency, and which is indicated in the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ngeneral damages: the sum, not stated beforehand in the contract, which is awarded by a court or arbitration tribunal, or agreed between the parties, as compensation payable to an injured party for a breach of the contract by the other party,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nliquidated damages: the sum stated in the contract as compensation payable by the contractor to the contracting authority for failure to complete the works or part thereof within the periods under the contract, or as payable by either party to the other for any other specific breach identified in the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nspecial conditions: the special conditions issued by the contracting authority as part of the invitation to tender, as amended where necessary, and incorporated into the contract, consisting of:\n\n\n\n\n\n\n(a)\n\n\namendments to these general conditions;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nspecial contractual clauses;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ntechnical specifications; and\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nany other matter related to the contract. 1. 2. The headings and titles in these general conditions shall not be taken as part thereof or be taken into consideration in the interpretation of the contract. 1. 3. Where the context so permits words importing the singular shall be deemed to include the plural and vice versa and words importing the masculine shall be deemed to include the feminine and vice versa. 1. 4. Words importing persons or parties shall include firms and companies and any organization having legal capacity. Article 2\nLaw and language of the contract\n2. 1. The law of the contract shall be the law of the State of the contracting authority unless otherwise stated in the special conditions. 2. 2. In all matters which are not covered by these general conditions, the law of the contract shall apply. 2. 3. The language of the contract and of all communications between the contractor, contracting authority and supervisor or their representatives shall be as stated in the special conditions. Article 3\nOrder of precedence of contract documents\nUnless otherwise stipulated in the contract, the order of precedence of the contract documents shall be as stated in the special conditions. Article 4\nNotices and written communications\n4. 1. Unless otherwise specified in the special conditions, communications between the contracting authority and/or the supervisor on the one hand, and the contractor on the other hand, shall be sent by post, cable, telex, facsimile transmission, or personal delivery, to the appropriate addresses designated by those parties for that purpose. 4. 2. If the sender requires evidence of receipt, he shall state such requirement in his communication and shall demand such evidence of receipt whenever there is a deadline for the receipt of the communication. In any event, the sender shall take all the necessary measures to ensure receipt of his communication. 4. 3. Wherever in the contract provision is made for the giving or issue of any notice, consent, approval, certificate or decision, unless otherwise specified such notice, consent, approval, certificate or decision shall be in writing and the words \u2018notify\u2019, \u2018certify\u2019, \u2018approve\u2019 or \u2018decide\u2019 shall be construed accordingly. Any such consent, approval, certificate or decision shall not unreasonably be withheld or delayed. Article 5\nSupervisor and supervisor's representative\n5. 1. The supervisor shall carry out the duties specified in the contract. Except as expressly stated in the contract, the supervisor shall not have authority to relieve the contractor of any of his obligations under the contractor. 5. 2. The supervisor may, from time to time, while retaining ultimate responsibility, delegate to the supervisor's representative any of the duties and authority vested in the supervisor and he may at any time revoke such delegation or replace the representative. Any such delegation, revocation or replacement shall be in writing and shall not take effect until a copy thereof has been delivered to the contractor. 5. 3. Any communication given by the supervisor's representative to the contractor in accordance with the terms of such delegation shall have the same effect as though it had been given by the supervisor, provided that:\n\n\n\n\n\n\n(a)\n\n\nany failure on the part of the supervisor's representative to disapprove any work, materials or plant shall not prejudice the authority of the supervisor to disapprove such work, materials or plant and to give the instructions necessary for the rectification thereof;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe supervisor shall be at liberty to reverse or vary the contents of such communication. 5. 4. Instructions and/or orders issued by the supervisor shall be by way of administrative orders. Such orders shall be dated, numbered and entered by the supervisor in a register, and copies thereof delivered by hand, where appropriate, to the contractor's representative. Article 6\nAssignment\n6. 1. An assignment shall be valid only if it is a written agreement by which the contractor transfers his contract or part thereof to a third party. 6. 2. The contractor shall not, without the prior written consent of the contracting authority, assign the contract or any part thereof, or any benefit or interest thereunder, except in the following cases:\n\n\n\n\n\n\n(a)\n\n\na charge, in favour of the contractor's bankers, of any monies due or to become due under the contract; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nassignment to the contractor's insurers of the contractor's right to obtain relief against any other person liable in cases where the insurers have discharged the contractor's loss or liability. 6. 3. For the purpose of Article 6. 2 the approval of an assignment by the contracting authority shall not relieve the contractor of his obligations for the part of the contract already performed or the part not assigned. 6. 4. If the contractor has assigned his contract without authorization, the contracting authority may, without giving formal notice thereof, apply as of right the sanctions for breach of contract provided for in Articles 63 and 64. 6. 5. Assignees must satisfy the eligibility criteria applicable for the award of the contract. Article 7\nSubcontracting\n7. 1. A subcontract shall be valid only if it is a written agreement by which the contractor entrusts performance of a part of his contract to a third party. 7. 2. The contractor shall not subcontract without the prior written authorization of the contracting authority. The work to be subcontracted and the identify of the subcontractors shall be notified to the contracting authority. The contracting authority shall with due regard to the provisions of Article 4. 3; within 30 days of receipt of the notification, notify the contractor of his decision, stating reasons should he withhold such authorization. 7. 3. In the selection of subcontractors, preference shall be given by the contractor to natural persons, companies or firms of the State of the contracting authority capable of performing the work required on similar terms. 7. 4. Subcontractors must satisfy the eligibility criteria appliable for the award of the contract. 7. 5. Subject to Article 52, the contracting authority shall have no contractual relations with the subcontractors. 7. 6. The contractor shall be responsible for the acts, defaults and negligence of his subcontractors and their agents or employees, as if they were the acts, defaults or negligence of the contractor, his agents or employees. The approval by the contracting authority of the subcontracting of any part of the contract or of the subcontractor to perform any part of the works shall not relieve the contractor of any of his obligations under the contract. 7. 7. If a subcontractor has undertaken any continuing obligation extending for a period exceeding that of the maintenance period under the contract towards the contractor in respect of the work executed or the goods, materials, plant or services supplied by the subcontractor, the contractor shall, at any time after the expiration of the maintenance period, transfer immediately to the contracting authority, at the contracting authority's request and cost, the benefit of such obligation for the unexpired duration thereof. 7. 8. If the contractor enters into a subcontract without approval, the contracting authority may apply, as of right without giving formal notice thereof, the sanctions for breach of contract provided for in Articles 63 and 64. OBLIGATIONS OF THE CONTRACTING AUTHORITY\n\nArticle 8\nSupply of documents\n8. 1. Within 30 days of the establishment of the performance guarantee provided for in Article 15, the supervisor shall provide to the contractor, free of charge, a copy of the drawings prepared for the performance of the contract as well as two copies of the specifications and other contract documents. The contractor may purchase additional copies of these drawings, specifications and other documents, insofar as they are available. Upon the issue of the maintenance ceritificate, or upon final acceptance, the contractor shall return to the supervisor all drawings, specifications and other contract documents. 8. 2. Unless it is necessary for the purposes of the contract, the drawings, specifications and other documents provided by the contracting authority shall not be used or communicated to a third party by the contractor without the prior consent of the supervisor. 8. 3. The supervisor shall have authority to issue to the contractor administrative orders incorporating such supplementary documents and instructions as shall be necessary for the proper and adequate execution of the works and the remedying of any defects therein. Article 9\nAccess to site\n9. 1. The contracting authority shall, in due time and in conformity with the progress of the works, place the site and access thereto at the disposal of the contractor in accordance with the programme of performance referred to in these general conditions. The contractor shall afford all reasonable opportunities to other persons concerned for carrying out their work as set out in the special conditions or as required by administrative orders. 9. 2. Any land procured for the contractor by the contracting authority shall not be used by the contractor for purposes other than the performance of the contract. 9. 3. The contractor shall preserve any premises placed at his disposal in a good state while he is in occupation and shall, if so required by the contracting authority or the supervisor, restore them to their original state on completion of the contract, taking into account normal wear and tear. 9. 4. The contractor shall not be entitled to any payment for improvements resulting from work carried out on his own initiative. Article 10\nAssistance with local regulations\n10. 1. The contractor may request the assistance of the contracting authority in obtaining copies of laws, regulations and information on local customs, orders or by-laws of the country where the works are located, which may affect the contractor in the performance of his obligations under the contract. The contracting authority may provide the assistance requested to the contractor at the contractor's cost. 10. 2. Subject to the provisions of the laws and regulations on foreign labour of the State in which the works are to be carried out, the contracting authority shall make all efforts necessary to facilitate the procurement by the contractor of all required visas and permits, including work and residence permits, for the personnel whose services the contractor and the contracting authority consider necessary as well as residence permits for their families. Article 11\nDelayed payments to the contractor's staff\nWhere there is a delay in the payment to the contractor's employees of wages and salaries owing and of the allowances and contributions laid down by the law of the State in which the works are located, the contracting authority may give notice to the contractor that within 15 days of the notice he intends to pay such wages, salaries, allowances and contributions direct. Should the contractor contest that such payments are due, he shall make representations to the contracting authority with reasons, within the 15 day period. If the contracting authority, having considered such representations, is of the opinion that payment of the wages and salaries should be made, it may pay such wages, salaries, allowances and contributions out of amounts due to the contractor. Failing this, he may obtain a contribution under any of the guarantees provided for in these general conditions. Any action taken by the contracting authority under this Article, shall not relieve the contractor of his obligations to his employees, except to the extent that any obligation may be satisfied by this action. The contracting authority shall not assume any responsibility towards the contractor's employees by this action. OBLIGATIONS OF THE CONTRACTOR\n\nArticle 12\nGeneral obligations\n12. 1. The contractor shall, with due care and diligence, and in accordance with the provisions of the contract, design the works to the extent stated in the contract, and execute, complete and remedy any defects in the works. The contractor shall provide all superintendence, personnel, materials, plant, equipment and all other items, whether of a temporary or permanent nature required in and for such design, execution, completion and remedying of any defects, insofar as specified in, or can be reasonably inferred from, the contract. 12. 2. The contractor shall take full responsibility for the adequecy, stability and safety of all operations and methods of construction under the contract. 12. 3. The contractor shall comply with administrative orders given by the supervisor. Where the contractor considers that the requirements of an administrative order go beyond the authority of the supervisor or of the scope of the contract he shall, on pain of being time-barred, give notice, with reasons, to the supervisor within 30 days after receipt thereof. Execution of the administrative order shall not be suspended because of this notice. 12. 4. The contractor shall respect and abide by all laws and regulations in force in the State of the contracting authority and shall ensure that his personnel, their dependants, and his local employees also respect and abide by all such laws and regulations. The contractor shall indemnify the contracting authority against any claims and proceedings arising from any infringement by the contractor, his employees and their dependants of such laws and regulations. 12. 5. If the contractor or any of his subcontractors, agents or servants offers to give or agrees to offer or to give or gives to any person, any bribe, gift, gratuity or commission as an inducement or reward for doing or forbearing to do any act in relation to the contract or any other contract with the contracting authority; or for showing favour or disfavour to any person in relation to the contract or any other contract with the contracting authority, then the contracting authority may, without prejudice to any accrued rights of the contractor under the contract, terminate the contract in which case the provisions of Articles 63 and 64 hereof shall apply. 12. 6. The contractor shall treat all documents and information received in connection with the contract as private and confidential, and shall not, save insofar as may be necessary for the purposes of the execution thereof, publish or disclose any particulars of the contract without the prior consent in writing of the contracting authority or the supervisor after consultation with the contracting authority. If any disagreement arises as to the necessity for any publication or disclosure for the purpose of the contract, the decision of the contracting authority shall be final. 12. 7. If the contractor is a joint venture or consortium of two or more persons, all such persons shall be jointly and severally bound to fulfil the terms of the contract according to the law of the State of the contracting authority and shall, at the request of the contracting authority, designate one of such persons to act as leader with authority to bind the joint venture or consortium. The composition or the constitution of the joint venture or consortium shall not be altered without the prior consent of the contracting authority. Article 13\nSuperintendence of the works\n13. 1. The contractor shall himself superintend the works or shall appoint a representative to do so. Such appointment shall be submitted to the supervisor for approval. The approval may at any time be withdrawn. Should the supervisor refuse to approve, or withdraw approval of the appointment, he shall set out the grounds on which his decision is based, and the contractor shall submit an alternative appointment without delay. 13. 2. If the supervisor withdraws his approval of the contractor's representative, the contractor shall, as soon as is practicable, after receiving notice of such withdrawal, remove the representative from the works and replace him with another representative approved by the supervisor. 13. 3. The contractor's representative shall have full authority to make any decision necessary for the execution of the works, to receive and carry out administrative orders and to countersign the work register referred to in Article 39 or attachment, where appropriate. In any event, the contractor shall be responsible for ensuring that the works are carried out satisfactorily including ensuring that the specifications and administrative orders are adhered to by his own employees and by his sub-contractors and their employees. Article 14\nStaff\n14. 1. The persons employed by the contractor must be sufficient in number, and permit the optimum use of the human resources of the State in which the works are located. Such employees must have the skills and experience necessary to ensure due progress and satisfactory execution of the works. The contractor shall immediately replace all employees indicated by the supervisor as likely to jeopardize the satisfactory execution of the works. 14. 2. The rates of remuneration and the general working conditions, as laid down by the law of the State of the contracting authority, shall apply as a minimum to employees on the site. Article 15\nPerformance guarantee\n15. 1. The contractor shall, within 30 days of receipt of the notification of the award of contract, furnish to the contracting authority a guarantee for the full and proper performance of the contract. The amount of the guarantee shall be as specified in the special conditions and shall not exceed 10 % of the amount of the contract price including any amounts stipulated in riders to the contract, save where the special conditions provide otherwise. However, it may in no case exceed 20 % of such price. 15. 2. The performance guarantee shall be held against payment to the contracting authority for any loss resulting from the contractor's failure to fully and properly perform his obligations under the contract. 15. 3. The performance guarantee shall be in the format given in the special conditions, and may be provided in the form of a bank guarantee, a banker's draft, a certified cheque, a bond provided by an insurance and/or bonding company, an irrevocable letter of credit or a cash deposit made with the contracting authority. If the performance guarantee is to be provided in the form of a bank guarantee, a banker's draft, a certified cheque or a bond, it shall be issued by a bank or bonding and/or insurance company approved by the contracting authority in accordance with the eligibility criteria applicable for the award of the contract. 15. 4. Unless stated otherwise in the special conditions, the performance guarantee shall be denominated in the types and proportions of currencies in which the original contract is payable. 15. 5. No payments shall be made in favour of the contractor prior to the provision of the guarantee. The guarantee shall continue to remain valid until the contract has been fully and properly performed. 15. 6. During the performance of the contract, if the natural or legal person providing the guarantee is not able to abide by his commitments, the guarantee shall cease to be valid. The contracting authority shall give formal notice to the contractor to provide a new guarantee on the same terms as the previous one. Should the contractor fail to provide a new guarantee, the contracting authority may terminate the contract. 15. 7. The contracting authority shall demand payment from the guarantee of all sums for which the guarantor is liable under the guarantee due to the contractor's default under the contract, in accordance with the terms of the guarantee and up to the value thereof. The guarantor shall, without delay, pay those sums upon demand from the contracting authority and may not raise any objection for any reason whatsoever. Prior to making any claim under the performance guarantee, the contracting authority shall notify the contractor stating the nature of the default in respect of which the claim is to be made. 15. 8. Unless the contract provides otherwise the performance guarantee shall be released within 30 days of the issue of the signed final statement of account referred to in Article 51. Article 16\nInsurance\n16. 1. The contractor shall insure in the joint names of the contracting authority and himself against loss or damage for which he is liable under the contract. Such insurance shall, unless the special conditions provide otherwise, cover:\n\n\n\n\n\n\n(a)\n\n\nthe works, together with materials and plant for incorporation therein, to the full replacement cost against all loss or damage from whatever cause arising other than from force majeure or risks attributable under the contract to the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nan additional sum of 15% of such replacement cost, or as may be specified in the special conditions, to cover any additional costs of and incidental to the rectification of loss or damage including professional fees and the cost of demolishing and removing any part of the works and of removing debris of whatever nature;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe contractor's equipment and other things brought onto the site by the contractor, for a sum sufficient to provide their replacement at the site. 16. 2. The contractor may substitute the insurance provided for in Article 16. 1 by a global policy of insurance which covers, inter alia, the elements of Article 16. 1 (a), (b) and (c). In such case, the contractor shall notify the insurer of the contracting authority's interest. 16. 3. The contractor shall take out insurance covering his liability with regard to industrial accidents and civil liabilities to any person employed by him on the works, to the contracting authority and any employee of that authority, arising from the execution of the works. Such liability shall be unlimited in the case of personal injuries. 16. 4. The contractor shall take out insurance covering liability with regard to risks and civil liability resulting from an act or omission attributed to him, to his legal successors or agents. Such insurance shall be for at least the amount stated in the special conditions. Furthermore, he shall ensure that all his subcontractors have taken out a similar insurance. 16. 5. All the insurance referred to in this Article shall be taken out within 30 days of the notification of the award of the contract, and shall be subject to approval by the contracting authority. Such insurance shall take effect from the commencement of the works and remain in force until final acceptance of the works. The contractor shall produce to the contracting authority the insurance policy and shall furnish proof of regular payment of premiums without delay whenever he is required to do so by the contracting authority or the supervisor. 16. 6. Notwithstanding the obligations of the contractor to insure in accordance with Article 16, the contractor shall be solely liable and shall indemnify the contracting authority and the supervisor against any claims by third parties for damage to property or personal injuries arising from the execution of the works by the contractor, his subcontractors and employees in connection with the works. Article 17\nPerformance programme\n17. 1. The contractor shall draw up, and submit for the approval of the supervisor, a programme of performance of the contract, in accordance with the special conditions. The programme shall contain at least the following:\n\n\n\n\n\n\n(a)\n\n\nthe order in which the contractor proposes to carry out the works;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe time limits within which submission and approval of the drawings are required;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\na general description of the methods which the contractor proposes to adopt for carrying out the works; and\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nsuch further details and information as the supervisor may reasonably require. 17. 2. The approval of the programme by the supervisor shall not relieve the contractor from any of his obligations under the contract. 17. 3. No material alteration to the programme shall be made without the approval of the supervisor. If, however, the progress of the works does not conform to the programme, the supervisor may instruct the contractor to revise the programme and submit the revised programme to him for approval. Article 18\nDetailed breakdown of prices\n18. 1. Where appropriate and within a period of not more than 20 days following the supervisor's reasoned request, the contractor shall provide a detailed breakdown of his rates and prices, where such breakdown is required for any purpose under the contract. 18. 2. After the notification of award, the contractor shall, within the time limit stated in the special conditions, provide to the supervisor for his information only, a detailed cash flow estimate, in quarterly periods, of all payments which may be due to the contractor under the contract. The contractor shall subsequently supply revised cash flow estimates at quarterly intervals, if so required by the supervisor. The communication shall not impose any liability whatsoever on the contracting authority or the supervisor. Article 19\nContractor's drawings\n19. 1. The contractor shall submit to the supervisor for approval:\n\n\n\n\n\n\n(a)\n\n\nsuch drawings, documents, samples and/or models as may be specified in the contract within the time limits laid down therein or in the programme of performance;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nsuch drawings as the supervisor may reasonably require for the performance of the contract. 19. 2. If the supervisor fails to notify his decision of approval referred to in Article 19. 1 within the time limits referred to in the contract or the approved programme of performance, such drawings, documents, samples or models shall be deemed to be approved at the end of the time limits specified. If no time limit is specified, they shall be deemed to be approved 30 days after receipt. 19. 3. Approved drawings, documents, samples and models shall be signed or otherwise identified by the supervisor and shall not be departed from except as otherwise instructed by the supervisor. Any contractor's drawings, documents, samples or models which the supervisor fails to approve, shall be forthwith modified to meet the requirements of the supervisor and resubmitted by the contractor for approval. 19. 4. The contractor shall supply additional copies of approved drawings in the form and number stated in the contract or in subsequent administrative orders. 19. 5. The approval of the drawings, documents, samples or models by the supervisor shall not relieve the contractor from any of his obligations under the contract. 19. 6. The supervisor shall have the right at all reasonable times to inspect all contract drawings, documents, samples or models at the contractor's premises. 19. 7. Before provisional acceptance of the works, the contractor shall supply operation and maintenance manuals together with drawings, which shall be in such detail as will enable the contracting authority to operate, maintain, adjust and repair all parts of the works. Unless otherwise stated in the special conditions, the manuals and drawings shall be in the language of the contract and in such forms and numbers as stated in the contract. The works shall not be considered to be completed for the purpose of provisional acceptance until such manuals and drawings have been supplied to the contracting authority. Article 20\nSufficiency of tender prices\n20. 1. The contractor shall be deemed to have inspected and examined the site and its surroundings and to have satisfied himself before submitting his tender, as to the nature of the ground and sub-soil, and to have taken into account the form and nature of the site, the extent and nature of the work and materials necessary for the completion of the works, the means of communication with and access to the site, the accommodation he may require and in general to have obtained for himself all necessary information as to risks, contingencies and all other circumstances influencing or affecting his tender. 20. 2. The contractor shall be deemed to have satisfied himself before submitting his tender as to the correctness and sufficiency of the tender and of the rates and prices stated in the billof quantities or price schedule which shall, except in so far as it is otherwise provided in the contract, cover all his obligations under the contract. 20. 3. Since the contractor is deemed to have determined his prices on the basis of his own calculations, operations and estimates, he shall carry out without additional charge any work which is the subject of any item whatsoever in his tender for which he neither indicates a unit price nor a firm sum. Article 21\nExceptional risks\n21. 1. If during the execution of the works the contractor encounters artificial obstructions or physical conditions which could not reasonably have been foreseen by an experienced contractor, and if the contractor is of the opinion that additional costs will be incurred and /or an extension of the period of performance of the contract will be necessary as a result of this, he shall give notice to the supervisor in accordance with Articles 35 and/or 55. The contractor shall specify in such notice the artifical obstrucions and/or physical conditions, giving details of the anticipated effects thereof, the measures he is taking or intends to take and the extent of the anticipated delay in or interference with the execution of the works. 21. 2. Following receipt of the notice, the supervisor may inter alia:\n\n\n\n\n\n\n\n(a)\n\n\nrequire the contractor to provide an estimate of the cost of the measures he is taking or intends to take;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\napprove measures referred to in Article 21. 2 (a) with or without modification;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ngive written instructions as to how the artificial obstructions or physical conditions are to be dealt with;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\norder a variation, a suspension, or termination of the contract. 21. 3. To the extent that the supervisor shall decide that the whole or part of the said artificial obstructions or physical conditions could not reasonably have been foreseen by an experienced contractor, the supervisor shall:\n\n\n\n\n\n\n(a)\n\n\ntake into account any delay suffered by the contractor as a result of such obstructions or conditions in determining any extension of the period of performance to which the contractor is entitled under Article 35; and/or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin case of artificial obstructions or physical conditions other than weather conditions, determine additional payments due to the contractor in accordance with Article 55. 21. 4. Weather conditions shall not entitle the contractor to claims under Article 55. 21. 5. If the supervisor decides that the artificial obstructions or physical conditions could, in whole or in part, have been reasonably foreseen by an experienced contractor, he shall so inform the contractor as soon as practicable. Article 22\nSecurity of sites\n22. 1. The contractor shall have the right to forbid access to the site to any person not involved in the performance of the contract, with the exception of persons authorized by the supervisor. 22. 2. The contractor shall ensure the security of sites during the whole period of execution and shall be responsible for taking the necessary steps, in the interests of his employees, agents of the contracting authority and third parties, to prevent any loss or accident which may result from carrying out the works. 22. 3. The contractor shall take all essential steps, on his own responsibility and at his expense, to ensure that existing structures and installations are protected, preserved and maintained. He shall be responsible for providing and maintaining at his expense all lighting, protection, fencing and security equipment which proves necessary for the proper performance of the works or which may reasonably be required by the supervisor. 22. 4. If, during the performance of the contract, urgent measures are necessary to obviate any risk of accident or damage or to ensure security following any accident or damage, the supervisor shall give formal notice to the contractor to do what is necessary. If the contractor is unwilling or unable to undertake the necessary measures, the supervisor may carry out the work at the expense of the contractor to the extent that the contractor is liable. Article 23\nSafeguarding adjacent properties\n23. 1. On his own responsibility and at his expense, the contractor shall take all the precautions required by good construction practice and by the prevailing circumstances to safeguard adjacent properties and avoid causing any abnormal disturbance therein. 23. 2. The contractor, shall indemnify the contracting authority against the financial consequences of all claims by neighbouring landowners or residents to the extent that the contractor is liable and to the extent that the damage to adjacent properties is not the result of a hazard created through the design or method of construction imposed by the contracting authority or the supervisor upon the contractor. Article 24\nInterference with traffic\n24. 1. The contractor shall ensure that the works and installations do not cause damage to, or obstruct traffic on, communication links such as roads, railways, waterways and aerodromes, save as permitted under the special conditions. He shall, in particular, take account of weight restrictions when selecting routes and vehicles. 24. 2. Any special measures which the contractor considers necessary or which are specified in the special conditions or which are required by the contracting authority in order to protect or strengthen sections of roads, tracks or bridges, shall be at the expense of the contractor, whether or not they are carried out by the contractor. The contractor shall inform the supervisor of any special measures he intends to take before carrying them out. The repair of any damage caused to roads, tracks or bridges by the transport of materials, plant or equipment shall be at the expense of the contractor. Article 25\nCables and conduits\n25. 1. Where, in the course of carrying out the works, the contractor encounters bench-marks indicating the course of underground cables, conduits and installations, he shall keep such bench-marks in position or replace them, should execution of the works have necessitated their temporary removal. Such related operations require the authorization of the supervisor. 25. 2. The contractor shall be responsible for the preservation, removal and replacement, as the case may be, of the cables, conduits and installations specified by the contracting authority in the contract and for the cost thereof. 25. 3. Where the presence of cables, conduits and installations has not been specified in the contract but is revealed by bench-marks and references, the contractor shall be under a general duty of care and similar obligations regarding preservation, removal and replacement to those set out above. In this case, the contracting authority shall compensate him for expenditure, to the extent that such work is necessary for the execution of the contract. 25. 4. However, the obligations to remove and replace cables, conduits and installations and the expenditure resulting therefrom shall not be the responsibility of the contractor if the contracting authority decides to accept that responsibility. The same shall apply where this obligation and the expenditure resulting therefrom devolve upon another specialist administration or an agent. 25. 5. When any work on the site is likely to cause disturbances in or damage to a public utility service, the contractor shall immediately inform the supervisor in writing, giving a reasonable period of notice so that suitable measures can be taken in time to allow work to continue normally. Article 26\nSetting-out\n26. 1. The contractor shall be responsible for:\n\n\n\n\n\n\n(a)\n\n\nthe accurate setting-out of the works in relation to original marks, lines and levels of reference given by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe correctness, of the position, levels, dimensions and alignment of all parts of the works; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe provision of all necessary instruments, appliances and labour in connection with the foregoing responsibilities. 26. 2. If, at any time during the execution of the works, any error appears in the position, levels, dimensions or alignment of any part of the works, the contractor, shall, if the supervisor so requires, at the contractor's cost, rectify such error to the satisfaction of the supervisor, unless such error is based on incorrect data supplied by the supervisor, in which case the contracting authority shall be responsible for the cost of rectification. 26. 3. The checking of any setting-out or of any line or level by the supervisor shall not in any way relieve the contractor of his responsibility for the accuracy thereof and the contractor shall carefully protect and preserve all bench-marks, sight-rails, pegs and other items used in setting-out the works. Article 27\nDemolished materials\n27. 1. Where the contract includes demolition work, materials and articles obtained therefrom shall, unless the special conditions and/or the law of the state of the contracting authority otherwise provide and subject to the provisions of Article 28, be the property of the contractor. 27. 2. Should the special conditions reserve to the contracting authority the right of ownership of materials or all or part of the articles obtained from the demolition work, the contractor shall take all the necessary precautions to ensure that these are preserved. He shall be liable for any destruction of, or damage to, such materials or articles caused by him or his agents. 27. 3. Irrespective of the use to which the contracting authority intends to put the materials or articles, in respect of which he reserves the right of ownership, all costs incurred in transporting and storing them and all warehouse charges at the place indicated by the supervisor shall be borne by the contractor for any carriage not exceeding 100 metres. 27. 4. Save where the special conditions provide otherwise, the contractor shall, at his expense, progressively remove rubble and other demolition materials, rubbish and debris from the site. Article 28\nDiscoveries\n28. 1. Discoveries of any interest whatsoever made during excavation or demolition work shall be brought immediately to the attention of the supervisor. The supervisor shall decide how such discoveries are to be dealt with, taking due account of the law of the State of the contracting authority. 28. 2. The contracting authority reserves the right of ownership of materials found during the excavation and demolition work carried out on land belonging to him, subject to compensating the contractor for any special efforts. 28. 3. Artifacts, antiquities and natural, numismatic, or other objects which are of scientific interest, and also rare objects or objects made of precious metals found during excavation or demolition work shall be the property of the contracting authority. 28. 4. In the event of disagreements, the contracting authority shall have sole authority to decide as to the qualifications set out in Articles 28. 1 and 28. 3. Article 29\nTemporary works\n29. 1. The contractor shall carry out at his expense all the temporary works to enable the works to be carried out. He shall submit to the supervisor the drawings for temporary works which he intends to use, such as cofferdams, scaffolding, trusses and shuttering. He shall take into account any observations made to him by the supervisor while assuming responsibility for these drawings. 29. 2. Where the design of particular temporary works is specified in the special conditions to be the responsibility of the contracting authority, the supervisor shall provide the contractor with all drawings necessary in reasonable time to enable the contractor to undertake the temporary works in accordance with his programme. In such cases, the contracting authority shall be solely responsible for the safety and adequacy of the design. However, the contractor shall be responsible for the proper construction. Article 30\nSoil studies\nSubject to the special conditions and to the technical specifications, the contractor shall make available to the supervisor, the personnel and equipment necessary for carrying out any soil survey which the supervisor considers reasonably necessary. The contractor shall be compensated for the actual cost of the manpower and equipment used or made available in such work, if not already provided for in the contract. Article 31\nOverlapping contracts\n31. 1. The contractor shall, in accordance with the requirements of the supervisor, afford all reasonable opportunities for carrying out their work to any other contractors employed by the contracting authority and their workmen, to the workmen of the contracting authority and of any other public authorities who may be employed on or near the site in the execution of any work not included in the contract, or of any contract which the contracting authority may enter into in connection with, or ancillary to, the works. 31. 2. If, however, the contractor, on the written request of the supervisor, makes available to any such contractor, or public authority, or to the contracting authority, any roads or ways for the maintenance of which the contractor is responsible, or permits the use by any such other persons of the contractor's temporary works, scaffolding or other equipment on the site, or provides any other service of whatsoever nature, which was not provided for in the contract, the contracting authority shall pay to the contractor in respect of such use or service, such sums and/or grant such extension of time, as shall, in the opinion of the supervisor, be reasonable. 31. 3. The contractor shall not by reason of Article 31 be relieved of any of his obligations under the contract nor shall he be entitled to any claims other than those provided for in Article 31. 2. Article 32\nPatents and licences\nSave where otherwise provided in the special conditions, the contractor shall indemnify the contracting authority and the supervisor against any claim resulting from the use as specified in the contract of patents, licences, drawings, designs, models, or brand or trade marks, except where such infringement results from compliance with the design or specification provided by the contracting authority and/or the supervisor. COMMENCEMENT AND DELAYS\n\nArticle 33\nCommencement orders\n33. 1. The contracting authority shall fix the date on which performance of the contract is to commence, and advise the contractor either in the notification of award of contract or by administrative order issued by the supervisor. 33. 2. The date for commencing performance shall be not later than 180 days following notification of award of contract unless agreed otherwise by the parties. Article 34\nPeriod of performance\nThe period of performance shall commence on the date fixed in accordance with Article 33. 1 and shall be as stated in the contract, without prejudice to extensions of the period which may be granted under Article 35. Article 35\nExtension of period of performance\n35. 1. The contractor may request an extension to the period of performance if he is or will be delayed in completing the contract by any of the following causes:\n\n\n\n\n\n\n(a)\n\n\nexceptional weather conditions in the State of the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nartificial obstructions or physical conditions which could not reasonably have been foreseen by an experienced contractor;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nadministrative orders affecting the date of completion other than those arising from the contractor's default',\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nfailure of the contracting authority to fulfil his obligations under the contract;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nany suspension of the works which is not due to the contractor's default;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\n\nforce majeure;\n\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nany other causes referred to in these general conditions which are not due to the contractor's default. 35. 2. The contractor shall, within 30 days of becoming aware that delay may occur, notify the supervisor of his intention to make a request for extension of the period of performance to which he may consider himself entitled, and shall, as soon thereafter as is reasonable in the circumstances, deliver to the supervisor full and detailed particulars of the request, in order that such request may be investigated at the time. 35. 3. The supervisor shall, by written notice to the contractor after due consultation with the contracting authority and, where appropriate, the contractor, grant such extension of the period of performance as may be justified, either prospectively or retrospectively, or inform the contractor that he is not entitled to an extension. Article 36\nDelays in performance\n36. 1. If the contractor fails to complete the works within the time period(s) specified in the contract, the contracting authority shall, without formal notice and without prejudice to his other remedies under the contract be entitled to liquidated damages for every day or part thereof which shall elapse between the end of the period specified for performance or extended period of performance under Article 35 and the actual date of completion, at the rate and up to the maximum amount specified in the special conditions. If the works have been the subject of partial acceptance in accordance with Article 59, the liquidated damages specified in the special conditions may be reduced in the proportion which the value of the accepted part bears to the value of the whole of the works. 36. 2. If the contracting authority has become entitled to the maximum claim under Article 36. 1 he may, after giving notice to the contractor:\n\n\n\n\n\n\n(a)\n\n\nseize the performance guarantee; and/or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nterminate the contract; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nenter into a contract with a third party at the contractor's cost for the provision of the balance of the works. Article 37\nVariations\n37. 1. The supervisor shall have power to order any variation to any part of the works necessary for the proper completion and/or functioning of the works. Such variations may include additions, omissions, substitutions, changes in quality, quantity, form, character, kind, position, dimension, level or line and changes in the specified sequence, method or timing of execution of the works. No order for a variation shall have the effect of invalidating the contract, but the financial effect, if any, of all such variations shall be valued in accordance with Articles 37. 5 and 37. 7. 37. 2. No variation shall be made except by administrative order, provided that:\n\n\n\n\n\n\n(a)\n\n\nif for any reason, the supervisor shall find it necessary to give an order orally, he shall as soon as possible thereafter confirm the order by an administrative order;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nif the contractor shall confirm in writing an oral order given for the purpose of Article 37. 2 (a) and the confirmation shall not be contradicted in writing forthwith by the supervisor, an administrative order shall, unless the special conditions stipulate otherwise, be deemed to have been issued for the variation;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nan administrative order for variation shall not be required for increase or decrease in the quantity of any work where such increase or decrease is the result of the quantity exceeding or being less than that stated in the bill of quantities or price schedule. 37. 3. Save as provided by Article 37. 2 prior to any administrative order for variation, the supervisor shall notify the contractor of the nature and form of such variation. As soon as possible, after receiving such notice, the contractor shall submit to the supervisor a proposal containing:\n\n\n\n\n\n\n(a)\n\n\na description of the tasks, if any, to be performed or the measures to be taken and a programme for execution; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nany necessary modifications to the programme of performance or to any of the contractor's obligations under the contract; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nany adjustment to the contract price in accordance with the rules as set out in Article 37. 37. 4. Following the receipt of the contractor's submission referred to in Article 37. 3, the supervisor shall, after due consultation with the contracting authority and, where appropriate, the contractor, decide as soon as possible whether or not the variation shall be carried out. If the supervisor decides that the variation shall be carried out he shall issue the administrative order stating that the variation shall be carried out at the prices and under the conditions given in the contractor's submission referred to in Article 37. 3 or as modified by the supervisor in accordance with Article 37. 5. 37. 5. The prices for all variations ordered by the supervisor in accordance with Article 37. 2 and 37. 4 shall be ascertained by the supervisor in accordance with the following principles:\n\n\n\n\n\n\n(a)\n\n\nwhere work is of similar character and executed under similar conditions to work priced in the bill of quantities or price schedule it shall be valued at such rates and prices contained therein;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nwhere work is not of a similar character or is not executed under similar conditions, the rates and prices in the contract shall be used as the basis for valuation so far as is reasonable, failing which, as fair valuation shall be made by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nif the nature or amount of any variation relative to the nature or amount of the whole of the contract or to any part thereof shall be such that in the opinion of the supervisor any rate or price contained in the contract for any item of work is by reason of such variation rendered unreasonable, then the supervisor shall fix such rate or price as in the circumstances he shall think reasonable and proper;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhere a variation is necessitated by default or breach of contract by the contractor, any additional cost attributable to such variation shall be borne by the contractor. 37. 6. On receipt of the administrative order requesting the variation, the contractor shall proceed to carry out the variation and be bound by these general conditions in so doing as if such variation were stated in the contract. The works shall not be delayed pending the granting of any extension of time for completion or adjustment to the contract price. Where the order for a variation precedes the adjustment to the contract price, the contractor shall keep records of the costs of undertaking the variation and of time expended thereon. Such records shall be open to inspection by the supervisor at all reasonable times. 37. 7. Where on provisional acceptance, an increase or reduction in the total value of the works resulting from an administrative order, or from some other circumstance which is not caused by the contractor's default, exceeds 15% of the contract price, the supervisor shall, after consultation with the contracting authority and the contractor determine any additions to or reduction from the contract price as a consequence of the application of Article 37. 5. The sum so determined shall be based on the amount by which the increase or decrease in value of the works exceeds 15%. The sum shall be notified by the supervisor to the contracting authority and the contractor and the contract price adjusted accordingly. Article 38\nSuspension\n38. 1. The contractor shall, on the order of the supervisor, suspend the progress of the works or any part thereof for such time or times and in such manner as the supervisor may consider necessary. 38. 2. During the period of suspension, the contractor shall take such protective measures as may be necessary to safeguard the works, plant, equipment and site against any deterioration, loss or damage. Additional expenses incurred in connection with such protective measures shall be added to the contract price, unless such suspension is:\n\n\n\n\n\n\n(a)\n\n\notherwise provided for in the contract; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nnecessary by reason of some default of the contractor; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nnecessary by reason of normal climatic conditions on site; or\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nnecessary for the safety or the proper execution of the works or any part thereof insofar as such necessity does not arise from any act or default by the supervisor or the contracting authority or from any of the exceptional risks referred to in Article 21. 38. 3. The contractor shall not be entitled to such additions to the contract price unless he notifies the supervisor, within 30 days after receipt of the order to suspend the works, of his intention to make a claim for them. 38. 4. The supervisor, after consultation with the contracting authority and the contractor, shall determine such extra payment and/or extension of the period of performance to be made to the contractor in respect of such claim as shall, in the opinion of the supervisor, be fair and reasonable. 38. 5. If the period of suspension exceeds 180 days and the suspension is not due to the contractor's default, the contractor may, by notice to the supervisor, request permission to proceed within 30 days or terminate the contract. MATERIALS AND WORKMANSHIP\n\nArticle 39\nWork register\n39. 1. A work register shall, unless otherwise provided by the special conditions, be kept on the site by the supervisor, who shall enter in it at least the following information:\n\n\n\n\n\n\n(a)\n\n\nthe weather conditions, interruptions of work owing to inclement weather, hours of work, number and type of workmen employed on the site, materials supplied, equipment in use, equipment not in working order, tests carried out in situ, samples dispatched, unforeseen circumstances, as well as orders given to the contractor;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ndetailed statements of all the quantitative and qualitative elements of the work done and the supplies delivered and used, capable of being checked on the site and relevant in calculating payments to be made to the contractor. 39. 2. The statements shall form an integral part of the work register but may, where appropriate, be recorded in separate documents. The technical rules for drawing up the statements shall be as set out in the special conditions. 39. 3. The contractor shall ensure that statements are drawn up, in good time and in accordance with the special conditions, in respect of work, services and supplies which cannot be measured or verified subsequently; failing this, he shall accept the decisions of the supervisor unless, at his own expense, he provides evidence to the contrary. 39. 4. Entries made in the work register as work progresses shall be signed by the supervisor and countersigned by the contractor or his representative. If the contractor objects, he shall communicate his views to the supervisor within 15 days following the date on which the entry or the statements objected to are recorded. Should he fail to countersign or to submit his views within the period allowed, the contractor shall be deemed to agree with the notes shown in the register. The contractor may examine the work register at any time and may, without removing the document, make or receive a copy of entries which he considers necessary for his own information. 39. 5. The contractor shall, on request, provide the supervisor with the information needed to keep the work register in good order. Article 40\nQuality of works and materials\n40. 1. The works, components and materials shall conform to the specifications, drawings, surveys, models, samples, patterns and other requirements in the contract which shall be held at the disposal of the contracting authority or the supervisor for the purposes of identification throughout the period of performance. 40. 2. Any preliminary technical acceptance stipulated in the special conditions shall be the subject of a request sent by the contractor to the supervisor. The request shall indicate the reference to the contract, the lot number and the place where such acceptance is to take place, as appropriate. The components and materials specified in the request must be certified by the supervisor as meeting the requirements for such acceptance prior to their incorporation in the works. 40. 3. Even if materials or items to be incorporated in the works or in the manufacture of components have been technically accepted in this way, they may still be rejected and must be replaced immediately by the contractor if a further examination reveals defects or faults. The contractor may be given the opportunity to repair and make good materials and items which have been rejected, but such materials and items will be accepted for incorporation in the works only if they have been repaired and made good to the satisfaction of the supervisor. Article 41\nInspection and testing\n41. 1. The contractor shall ensure that the components and materials are delivered to the site in time to allow the supervisor to proceed with acceptance of the components and materials. The contractor is deemed to have fully appreciated the difficulties which he might encounter in this respect, and he shall not be permitted to advance any grounds for delay in fulfilling his obligations. 41. 2. The supervisor shall be entitled, either by himself or his agent, to inspect, examine, measure and test the components, materials and workmanship, and check the progress of preparation, fabrication or manufacture of anything being prepared, fabricated or manufactured for delivery under the contract in order to establish whether the components, materials and workmanship are of the requisite quality and quantity. This shall take place at the place of manufacture, fabrication, preparation or on the site or at such other places as may be specified in the contract. 41. 3. For the purposes of such tests and inspections, the contractor shall:\n\n\n\n\n\n\n(a)\n\n\nprovide to the supervisor, temporarily and free of charge, such assistance, test samples, parts, machines, equipment, tools or materials and labour as are normally required for inspection and testing;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nagree, with the supervisor, on the time and place for tests;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nprovide access for the supervisor at all reasonable times to the place where the tests are to be carried out. 41. 4. If the supervisor is not present on the date agreed for tests, the contractor may, unless otherwise instructed by the supervisor, proceed with the tests, which shall be deemed to have been made in the supervisor's presence. The contractor shall forthwith forward duly certified copies of the test results to the supervisor, who shall, if he has not attended the test, be bound by the test results. 41. 5. When components and materials have passed the tests referred to in Article 41, the supervisor shall notify the contractor or endorse the procedure's certificate to that effect. 41. 6. If the supervisor and the contractor disagree on the test results, each shall give a statement of his views to the other within 15 days after such disagreement arises. The supervisor or the contractor may require such tests to be repeated on the same terms and conditions or, if either party so requests, by an expert to be selected by common consent. All test reports shall be submitted to the supervisor who shall communicate the results of these tests without delay to the contractor. The results of the retesting shall be conclusive. The cost of the retesting shall be borne by the party whose views are proved wrong by the retesting. 41. 7. In the performance of his duties, the supervisor and all persons authorized by him shall disclose only to those persons who are entitled to know of it information which he has obtained by reason of his inspection and testing of the methods of manufacture and operation of the undertaking. Article 42\nRejection\n42. 1. Components and materials which are not of the specified quality shall be rejected. A special mark may be applied to the rejected components or materials. This shall not be such as to alter them or affect their commercial value. Rejected components and materials shall be removed by the contractor from the site within a period which the supervisor shall specify, failing which they shall be removed by the supervisor as of right at the expense and risk of the contractor. Any work incorporating rejected components or materials shall be rejected. 42. 2. The supervisor shall, during the progress of the works and before the works are taken over, have the power to order or decide:\n\n\n\n\n\n\n(a)\n\n\nthe removal from the site, within such time limits as may be specified in the order, of any components or materials which, in the opinion of the supervisor, are not in accordance with the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe substitution of proper and suitable components or materials; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe demolition and proper re-execution, or satisfactory repair, notwithstanding any previous test thereof or interim payment therefor, of any work which, in respect of components, materials, workmanship or design by the contractor for which he is responsible, is not, in the opinion of the supervisor, in accordance with the contract. 42. 3. The supervisor shall, as soon as reasonably practicable, give to the contractor notice in writing of his decision specifying particulars of the alleged defects. 42. 4. The contractor shall with all speed and at his expense make good the defects so specified. If the contractor does not comply with such order, the contracting authority shall be entitled to employ other persons to carry out the same and all expenses consequent thereon or incidental thereto may be deducted by the contracting authority from any monies due or which may become due to the contractor. 42. 5. The provisions of Article 42 shall not affect the right of the contracting authority to claim under Articles 36 and 63. Article 43\nProperty in plant and materials\n43. 1. All equipment, temporary works, plant and materials provided by the contractor shall, when brought on the site, be deemed to be exclusively intended for the execution of the works and the contractor shall not remove the same or any part thereof, except for the purpose of moving it from one part of the site to another, without the consent of the supervisor. Such consent shall, however, not be required for vehicles engaged in transporting any staff, labour, equipment, temporary works, plant or materials to or from the site. 43. 2. The special conditions may provide that all equipment, temporary works, plant and materials on site owned by the contractor or by any company in which the contractor has a controlling interest shall, for the duration of the execution of the works, be:\n\n\n\n\n\n\n(a)\n\n\nvested in the contracting authority; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nmade subject to a lien in favour of the contracting authority; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nmade subject to any other arrangement regarding priority interest or security. 43. 3. In the event of termination of the contract in accordance with Article 63 due to the contractor's breach of contract, the contracting authority shall be entitled to use the equipment, temporary works, plant and materials on site in order to complete the works. 43. 4. Any agreement for the hire by the contractor of equipment, temporary works, plant and materials brought onto the site, shall contain a provision that on request in writing made by the contracting authority within seven days after the date on which the termination under Article 64 becomes effective, and on the contracting authority undertaking to pay all hire charges in respect thereof from such date, the owner thereof will hire such equipment, temporary works, plant or materials to the contracting authority on the same terms as they were hired by the contractor, save that the contracting authority shall be entitled to permit the use thereof by any other contractor employed by him for completing the works under the provisions of Article 64. 3. 43. 5. Upon termination of the contract before completion of the works, the contractor shall deliver to the contracting authority any plant, temporary works, equipment or materials the property in which has vested in the contracting authority or been made subject to a lien by virtue of Article 43. 2. If he fails to do so, the contracting authority may take such appropriate action as it deems fit in order to obtain possession of such plant, temporary works, equipment and materials and recover the cost of so doing from the contractor. PAYMENTS\n\nArticle 44\nGeneral provisions\n44. 1. Payments shall be made in the national currency except as otherwise stipulated in the contract. 44. 2. The administrative or technical conditions to which the payment of advances, interim and/or final payments made in accordance with Articles 45 to 56 are subject, shall be as stated in the special conditions. Article 45\nProvisional price contracts\n45. 1. In exceptional cases, where a provisional price contract has been awarded, the amounts payable under the contract shall be calculated as follows:\n\n\n\n\n\n\n(a)\n\n\nas for cost-plus contracts in Article 49. 1 (c); or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ninitially on the basis of provisional prices and, after the conditions for performing the contract are known, as for lump-sum contracts or unit price contracts in 49. 1 (a) and (b) respectively, or as in a composite contract. 45. 2. The contractor shall supply such information as the contracting authority or the supervisor may reasonably require in respect of any matter relating to the contract for the purpose of the calculation. Where agreement cannot be reached on the valuation of the works, the amounts payable shall be determined by the supervisor. Article 46\nAdvances\n46. 1. If the special conditions so provide, advances shall be granted to the contractor, at his request, for operations connected with the execution of the works, in the cases listed hereinafter:\n\n\n\n\n\n\n(a)\n\n\nas a lump-sum advance enabling him to meet expenditure resulting from the commencement of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nif he affords proof of the conclusion of a contract for the purchase or order of materials, plant, equipment, machines and tools, necessary for the execution of the contract, and of any other substantial prior expenses such as the acquisition of patents or study costs. 46. 2. The special conditions shall state the amount of the advances which shall not exceed 10% of the original contract price in respect of the lump-sum advance in Article 46. 1 (a) and 20% of such prices for all other advances in Article 46. 1 (b). 46. 3. No advance shall be granted until:\n\n\n\n\n\n\n(a)\n\n\nthe conclusion of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nprovision to the contracting authority by the procedure of the performance guarantee in accordance with Article 15; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nprovision to the contracting authority by the contractor of a separate directly liable guarantee for the full amount of the advance by the institutions referred to in Article 15. 3, which shall remain effective until the advance has been completely repaid by the contractor out of interim payments under the contract. 46. 4. The contractor shall use the advance exclusively for operations connected with the execution of the works. Should the contractor misuse any portion of the advance, it shall become due and repayable immediately and no further advance payments will be made to him. 46. 5. Should the advance guarantee cease to be valid and the contractor fail to re-validate it, either a deduction equal to the amount of the advance may be made by the contracting authority from future payments due to the contractor under the contract, or the contracting authority may apply the provisions of Article 15. 6. 46. 6. If the contract is terminated for any reason whatsoever, the guarantees securing the advances may be invoked forthwith in order to repay the balance of the advances still owed by the contractor, and the guarantor shall not delay payment or raise objection for any reason whatever. 46. 7. The advance guarantee provided for in Article 46 shall be released as and when advances are repaid. 46. 8. Further conditions and procedures for granting and repaying advances shall be as laid down in the special conditions. Article 47\nRetention sum\n47. 1. The sum which shall be retained from interim payments by way of guarantee to meet the contractor's obligations during the maintenance period, and the detailed rules governing that guarantee, shall be stipulatd in the special conditions, provided that it shall, in no case, exceed 10% of the contract price. 47. 2. Subject to the approval of the contracting authority, the contractor may, if he so wishes, substitute, not later than the date fixed for the commencement of the works, these retention sums by a retention guarantee issued in accordance with Article 15. 3. 47. 3. The sum retained or the retention guarantee shall be released within 90 days of the date of final acceptance of the works. Article 48\nRevision of prices\n48. 1. Unless otherwise stipulated in the special conditions, and except as provided in Article 48. 4 the contract shall be at fixed prices which shall not be revised. 48. 2. Where prices may be revised under the contract, such revision shall take into account variations in the prices of significant local or external elements which served as a basis for the calculation of the tender price, such as manpower, services, materials and supplies, as well as charges laid down by law or regulation. The detailed rules for the revision shall be as laid down in the special conditions. 48. 3. Prices contained in the contractor's tender shall be deemed:\n\n\n\n\n\n\n(a)\n\n\nto have been arrived at on the basis of the conditions in force 30 days prior to the latest date fixed for submission of tenders; or in the case of direct agreement contracts, on the date of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nto have taken account of the legislation and the relevant tax arrangements applicable at the reference date fixed in Article 48. 3 (a). 48. 4. In the event of changes to, or introduction of, any national or State statute, ordinance, decree or other law, or any regulation or by-law of any local or other public authority, after the date stated in Article 48. 3 which causes a change in the contractual relationship between the parties to the contract, the contracting authority and the contractor shall consult on how best to proceed further under the contract, and may as a result of such consultation decide:\n\n\n\n\n\n\n(a)\n\n\nto modify the contract; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\non payment of compensation for the resulting imbalance by one party to the other; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nto terminate the contract by mutual agreement. 48. 5. In the event of a delay in the execution of the works for which the contractor is responsible, or at the end of the period of performance revised as necessary in accordance with the contract, there shall be no further revision of prices within the 30 days before provisional acceptance, except for the application of new price indexation, if this is to the benefit of the contracting authority. Article 49\nMeasurement\n49. 1. The following methods shall apply to the valuation of works contracts:\n\n\n\n\n\n\n(a)\n\n\nfor lump-sum contracts, the amount due under the contract shall be determined on the basis of the breakdown of the overall contract price, or on the basis of a breakdown expressed as a percentage of the contract price corresponding to completed stages of the works. Where items are accompanied by quantities, these shall be firm quantities for which the contractor has submitted his all-in price, and shall be paid for irrespective of the quantities of work actually carried out;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfor unit price contracts:\n\n\n\n\n\n\n(i)\n\n\nthe amount due under the contract shall be calculated by applying the unit rates to the quantities actually executed for the respective items, in accordance with the contract;\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nthe quantities set out in the bill of quantities shall be the estimated quantities of the works, which shall not be taken as the actual and correct quantities of the works to be executed by the contractor in fulfilment of his obligations under the contract;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\nthe supervisor shall determine by measurement the actual quantities of the works executed by the contractor, and these shall be paid for in accordance with Article 50. Unless otherwise provided in the special conditions no additions shall be made to the items in the bill of quantities except as a result of a variation in accordance with Article 37 or other provision of the contract entitling the contractor to additional payment;\n\n\n\n\n\n\n\n\n\n\n(iv)\n\n\nthe supervisor shall, when he requires any parts of the works to be measured, give reasonable notice to the contractor to attend, or to send a qualified agent to represent him. The contractor or his agent shall assist the supervisor in making such measurements and shall furnish all particulars required by the supervisor. Should the contractor not attend, or omit to send such agent, the measurement made by the supervisor or approved by him shall be binding on the contractor;\n\n\n\n\n\n\n\n\n\n\n(v)\n\n\nthe works shall be measured net, notwithstanding any general or local custom, except where otherwise provided for in the contract;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nFor cost-plus contracts, the amount due under the contract shall be determined on the basis of actual costs with an agreed addition for overheads and profit. The special conditions shall stipulate the information which the contractor is required to submit to the supervisor for the purpose of Article 49. 1 (c) and the manner in which it should be submitted. 49. 2. Where an item in the contract is indicated as \u2018provisional\u2019 the provisional sum set aside for it shall not be taken into account in calculating the percentages referred to in Article 37. Article 50\nInterim payments\n50. 1. Unless otherwise specified in the special conditions, the contractor shall submit an application for interim payment to the supervisor at the end of each period referred to in Article 50. 7 in a form approved by the supervisor. The application shall include the following items, as applicable:\n\n\n\n\n\n\n(a)\n\n\nthe estimated contract value of the permanent works executed up to the end of the period in question;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nan amount reflecting any revision of prices pursuant to Article 48;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nan amount to be withheld as retention sum under Article 47;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nany credit and/or debit for the period in question in respect of plant and materials on site intended for, but not yet incorporated in, the permanent works in the amount and under the conditions set out in Article 50. 2;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nan amount to be deducted on account of the advance repayment under the provisions of Article 46; and\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nany other sum to which the contractor may be entitled under the contract. 50. 2. The contractor shall be entitled to such sums as the supervisor may consider proper in respect of plant and materials intended for, but not yet incorporated in, the permanent works provided that:\n\n\n\n\n\n\n(a)\n\n\nthe plant and materials conform with the specifications for the permanent works and are set out in batches in a way that they may be recognized by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nsuch plant and materials have been delivered to the site, and are properly stored and protected against loss or damage or deterioration to the satisfaction of the supervisor;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe contractor's record of requirements, orders, receipts and use of plant and materials under the contract are kept in a form approved by the supervisor and such records are available for inspection by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe contractor submits with his statement, the estimated value of the plant and materials on site together with such documents as may be required by the supervisor for the purpose of valuation of the plant and materials and providing evidence of ownership and payment therefor; and\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nwhere the special conditions so provide, ownership of the plant and materials referred to in Article 43 shall be deemed to be vested in the contracting authority. 50. 3. Approval by the supervisor of any interim payment certified by him in respect of plant and materials pursuant to Article 50 shall be without prejudice to the exercise of any power of the supervisor under the contract to reject any plant or materials which are not in accordance with the provisions of the contract. 50. 4. The contractor shall be responsible for any loss or damage to, and for the cost of storing and handling of, such plant and materials on site and shall effect such additional insurance as may be necessary to cover the risk of such loss or damage from any cause. 50. 5. Within 30 days of receipt of the said application for interim payment, it shall be approved or amended in such a manner that, in the supervisor's opinion, the application reflects the amount due to the contractor in accordance with the contract. In cases where there is a difference of opinion as to the value of an item, the supervisor's view shall prevail. On determination of the amount due to the contractor, the supervisor shall issue to the contracting authority and the contractor an interim payment certificate for the amount due to the contractor and shall inform the contractor of the works for which payment is being made. 50. 6. The supervisor may, by an interim payment certificate, make any corrections or modifications to any previous certificate issued by him and shall have power to modify the valuation in or withhold the issue of, any interim payment certificate if the works or any part thereof are not being carried out to his satisfaction. 50. 7. Unless the special conditions provide otherwise, the frequency shall be one interim payment per month. Article 51\nFinal statement of account\n51. 1. Not later than 90 days after the issue of the final acceptance certificate referred to in Article 62, the contractor shall submit to the supervisor a draft final statement of account with supporting documents showing in detail the value of the work done in accordance with the contract, together with all further sums which the contractor considers to be due to him under the contract in order to enable the supervisor to prepare the final statement of account. The special conditions may, however, in accordance with Article 51. 6 state that the draft final statement of account and further proceedings related thereto, be dealt with before the issue of the provisional acceptance certificate. 51. 2. Within 90 days after receipt of the draft final statement of account and of all information reasonably required for its verification, the supervisor shall prepare the final statement of account, which determines:\n\n\n\n\n\n\n(a)\n\n\nthe amount which in his opinion is finally due under the contract; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nafter establishing the amounts previously paid by the contracting authority and all sums to which the contracting authority is entitled under the contract, the balance, if any, due from the contracting authority to the contractor, or from the contractor to the contracting authority, as the case may be. 51. 3. The supervisor shall issue to the contracting authority or to its duly authorized representative, and to the contractor, the final statement of account showing the final amount to which the contractor is entitled under the contract. The contracting authority or its duly authorized representative and the contractor shall sign the final statement of account as an acknowledgement of the full and final value of the work performed under the contract and shall promptly submit a signed copy to the supervisor. However, the final statement of account shall not include amounts in dispute which are the subject of negotiations, conciliation, arbitration or litigation. 51. 4. The final statement of account signed by the contractor shall constitute a written discharge of the contracting authority confirming that the total in the final statement of account represents full and final settlement of all monies due to the contractor under the contract, other than those amounts which are the subject of amicable settlement, arbitration or litigation. However, such discharge shall become effective only after any payment due in accordance with the final statement of account has been made and the performance guarantee referred to in Article 15 has been returned to the contractor. 51. 5. The contracting authority shall not be liable to the contractor for any matter or thing whatsoever arising out of, or in accordance with, the contract or execution of the works, unless the contractor shall have included a claim in respect thereof in his draft final statement of account. 51. 6. The provisions of Article 51 may be varied by the special conditions having regard to the practices in the State of the contracting authority. Article 52\nDirect payments to subcontractors\n52. 1. When the supervisor receives a claim from a subcontractor duly approved under Article 7 to the effect that the contractor has not met his financial obligations so far as the subcontractor is concerned, the supervisor shall give notice to the contractor either to pay the subcontractor or to inform him of the reasons why payment should not be made. Should such payment not be made, or reasons not be given within the period of notice, the supervisor may, after satisfying himself that the work has been carried out, certify, and the contracting authority shall meet the debt claimed by the subcontractor out of the sums remaining due to the contractor. The contractor shall remain entirely responsible for the work in respect of which direct payment has been made. 52. 2. If the contractor gives adequate reasons for refusing to meet all or part of the debt claimed by the subcontractor, the contracting authority shall only pay to the subcontractor such sums as are not in dispute. Sums claimed by the subcontractor in respect of which the contractor has given adequate reasons for his refusal to pay shall be paid by the contracting authority only after the parties have come to an amicable settlement, or after the decision of an arbitrating authority or after a judgment of a court has been duly notified to the supervisor. 52. 3. Direct payments to subcontractors shall not exceed the value at contract prices of the services performed by the subcontractors for which they request payment; the value at contract prices shall be calculated or assessed on the basis of the bill of quantities, the price schedule or the breakdown of the lump sum price. 52. 4. Direct payments to subcontractors shall be made entirely in the national currency of the country in which the contract is performed, or partly in such national currency and partly in foreign currency, in accordance with the contract. 52. 5. Where direct payments to subcontractors are made in foreign currency, they shall be calculated in accordance with Article 56. They shall not result in any increase in the total amount payable in foreign currency, as stipulated in the contract. 52. 6. The provisions of Article 52 shall apply subject to the requirements of the law applicable by virtue of Article 54 concerning the right to payment of creditors who are beneficiaries of an assignment of credit or of a collateral security. Article 53\nDelayed payments\n53. 1. Payment to the contractor of the amounts due under each of the interim payment certificates and the final statement of account issued by the supervisor shall be made by the contracting authority within 90 days of such certificate or statement being delivered to the contracting authority. If the period laid down for payment has been exceeded, the contractor shall qualify for interest calculated pro rata on the basis of the number of days delay at the rate specified in the special conditions, subject to a maximum period, also specified therein. The contractor shall be entitled to such payment without prejudice to any other right or remedy under the contract. In the case of the final statement of account, the interest for the delayed payment shall be calculated on a daily basis at the rate specified in the special conditions. 53. 2. Any default in payment of more than 120 days from the expiry of the period laid down in Article 53. 1 shall entitle the contractor either not to perform the contract or to terminate it. Article 54\nPayments to third parties\n54. 1. All orders for payments to third parties may be carried out only after an assignment made in accordance with Article 6. The assignment shall be notified to the contracting authority. 54. 2. Notification of beneficaries of the assignment shall be the sole responsibility of the contractor. 54. 3. In the event of a legally binding attachment of the property of the contractor affecting payments due to him under the contract, without prejudice to the time limit laid down in Article 53, the contracting authority shall have 30 days, starting from the day when it receives notification of the definitive lifting of the obstacle to payment, to resume payments to the contractor. Article 55\nClaims for additional payment\n55. 1. If under the contract there are circumstances which the contractor considers entitle him to additional payment, the contractor shall:\n\n\n\n\n\n\n(a)\n\n\nif he intends to make any claim for additional payment, give to the supervisor notice of his intention or make such claim within 15 days after the said circumstances become known to the contractor, stating the reason for his claim; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nas soon as is reasonably practicable after the date of such notice but not later than 60 days after such notice, unless otherwise agreed by the supervisor, submit to the supervisor full and detailed particulars of his claim. In any event, such particulars shall be submitted no later than the date of submission of the draft final statement of account. The contractor shall thereafter promptly submit such further particulars as the supervisor may reasonably require to assess the validity of the claim. 55. 2. When the supervisor has received the full and detailed particulars of the contractor's claim that he requires, he shall, without prejudice to Article 21. 4, after due consultation with the contracting authority and, where appropriate, the contractor, determine whether the contractor is entitled to additional payment and notify the parties accordingly. 55. 3. The supervisor may reject any claim for additional payment which does not comply with the requirements of Article 55. Article 56\nPayments in foreign currency\nWhere under the contract the contractor is entitled to payments in foreign currency, the rates of exchange for calculating the payments shall be those prevailing, as determined by the Central Bank of the State of the contracting authority, 30 days prior to the latest date fixed for the submission of tenders for the contract. Such rates of exchange shall not be varied. ACCEPTANCE AND MAINTENANCE\n\nArticle 57\nGeneral clauses\n57. 1. Verification of the works by the supervisor with a view to provisional or final acceptance shall take place in the presence of the contractor. The absence of the contractor shall not be a bar to verification on condition that the contractor has been summoned in due form at least 30 days prior to the date of verification. 57. 2. Should exceptional circumstances make it impossible to ascertain the state of the works or otherwise proceed with their acceptance during the period fixed for provisional or final acceptance, a statement certifying such impossibility shall be drawn up by the supervisor after consultation, where possible, with the contractor. The verification shall take place and a statement of acceptance or rejection shall be drawn up by the supervisor within 30 days following the date on which such impossibility ceases to exist. The contractor shall not invoke these circumstances in order to avoid his obligation to present the works in a state suitable for acceptance. Article 58\nTests on completion\n58. 1. The works shall not be accepted until the prescribed verifications and tests have been carried out at the expense of the contractor. The contractor shall notify the supervisor of the date on which such verification and tests may commence. 58. 2. Works which do not satisfy the terms and conditions of the contract, or in the absence of such terms and conditions, which are not carried out in accordance with trade practices in the State where the works are located, shall, if required, be demolished and rebuilt by the contractor or repaired to the satisfaction of the supervisor, otherwise this shall be done as of right after due notice at the expense of the contractor, by order of the supervisor. The supervisor may also require the demolition and reconstruction by the contractor, or repair to the satisfaction of the supervisor, under the same conditions of work, in which unacceptable materials have been used, or carried out in the periods of suspension provided for in Article 38. Article 59\nPartial acceptance\n59. 1. The contracting authority may make use of the various structures, parts of structures or sections of the works forming part of the contract as and when they are completed. Any taking over of the structures, parts of structures or sections of the works by the contracting authority shall be preceded by their partial provisional acceptance. However, works may in cases of urgency be taken over prior to acceptance provided an inventory of outstanding work is drawn up by the supervisor and agreed to by the contractor and the supervisor beforehand. Once the contracting authority has taken possession of a structure, a part thereof or section of the works, the contractor shall no longer be required to make good any damage resulting otherwise than from faulty construction or workmanship. 59. 2. The supervisor may, at the request of the contractor and if the nature of the works so permits, proceed with partial provisional acceptance, provided that the structures, parts of structures or sections of the works are completed and suited to the use as described in the contract. 59. 3. In the cases of partial provisional acceptance referred to in Articles 59. 1 and 59. 2 the maintenance period provided for in Article 62 shall, unless the special conditions provide otherwise, run as from the date of such partial provisional acceptance. Article 60\nProvisional acceptance\n60. 1. The works shall be taken over by the contracting authority when they have satisfactorily passed the tests on completion and a certificate of provisional acceptance has been issued or is deemed to have been issued. 60. 2. The contractor may apply, by notice to the supervisor, for a certificate of provisional acceptance not earlier than 15 days before the works, in the contractor's opinion, are complete and ready for provisional acceptance. The supervisor shall within 30 days after the receipt of the contractor's application either:\n\n\n\n\n\n\n(a)\n\n\nissue the certificate of provisional acceptance to the contractor with a copy to the contracting authority stating, where appropriate, his reservations, and, inter alia, the date on which, in his opinion, the works were completed in accordance with the contract and ready for provisional acceptance; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nreject the application giving his reasons and specifying; the action which, in his opinion, is required of the contractor for the certificate to be issued. 60. 3. If the supervisor fails either to issue the certificate of provisional acceptance or to reject the contractor's application within the period of 30 days, he shall be deemed to have issued the certificate on the last day of that period. The certificate of provisional acceptance shall not be deemed to be an admission that the works have been completed in every respect. If the works are divided by the contract into sections, the contractor shall be entitled to apply for separate certificates for each of the sections. 60. 4. Upon provisional acceptance of the works, the contractor shall dismantle and remove temporary structures as well as materials no longer required for use in connection with the performance of the contract. He shall also remove any litter or obstruction and redress any change in the condition of the site as required by the contract. 60. 5. Immediately after provisional acceptance, the contracting authority may make use of all the works as completed. Article 61\nMaintenance obligations\n61. 1. The contractor shall be responsible for making good any defect in, or damage to, any part of the works which may appear or occur during the maintenance period or within 30 days after its expiration and which arises either from:\n\n\n\n\n\n\n(a)\n\n\nthe use of defective plant or materials or faulty workmanship or design of the contractor; and/or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nany act or omission of the contractor during the maintenance period. 61. 2. The contractor shall at his own cost make good the defect or damage as soon as practicable. The maintenance period for all items replaced or renewed shall recommence from the date when the replacement or renewal was made to the satisfaction of the supervisor. If the contract provides for partial acceptance, the maintenance period shall be extended only for the part of the works affected by the replacement or renewal. 61. 3. If any such defect appears or such damage occurs, during the period referred to in Article 61. 1, the contracting authority or the supervisor shall notify the contractor. If the contractor fails to remedy a defect or damage within the time limit stipulated in the notification, the contracting authority may:\n\n\n\n\n\n\n(a)\n\n\ncarry out the works himself, or employ someone else to carry out the works, at the contractor's risk and cost, in which case the costs incurred by the contracting authority shall be deducted from monies due to or from guarantees held against, the contractor, or from both; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nterminate the contract. 61. 4. If the defect or damage is such that the contracting authority has been deprived substantially of the whole or a part of the benefit of the works, the contracting authority shall, without prejudice to any other remedy, be entitled to recover all sums paid in respect of the parts of the works concerned together with the cost of dismantling such parts and clearing the site. 61. 5. In case of emergency, where the contractor cannot be reached immediately or, having been reached, is unable to take the measures required, the contracting authority or the supervisor may have the work carried out at the expense of the contractor. The contracting authority or the supervisor shall as soon as practicable inform the contractor of the action taken. 61. 6. Where the special conditions stipulate that the maintenance work, necessitated by normal wear and tear, shall be carried out by the contractor, such work shall be paid for from a provisional sum. Deterioration resulting from the circumstances provided for in Article 21 or from abnormal use shall be excluded from this obligation unless it reveals a fault or defect justifying the request for repair or replacement under Article 61. 61. 7. The maintenance obligations shall be stipulated in the special conditions and technical specifications. If the duration of the maintenance period is not specified, it shall be 365 days. The maintenance period shall commence on the date of provisional acceptance. 61. 8. After provisional acceptance and without prejudice to the maintenance obligations referred to in Article 61, the contractor shall no longer be responsible for risks which may affect the works and which result from causes not attributable to him. However, the contractor shall be responsible as from the date of provisional acceptance for the soundness of the construction, as laid down in the special conditions or in the law of the State of the contracting authority. Article 62\nFinal acceptance\n62. 1. Upon the expiration of the maintenance period, or where there is more than one such period, upon the expiration of the latest period, and when all defects or damage have been rectified, the supervisor shall issue to the contractor a final acceptance certificate and a copy thereof to the contracting authority stating the date on which the contractor completed his obligations under the contract to the supervisor's satisfaction. The final acceptance certificate shall be given by the supervisor within 30 days after the expiration of the above stated period, or as soon thereafter as any works as instructed, pursuant to Article 61, have been completed to the satisfaction of the supervisor. 62. 2. The works shall not be considered as completed until a final acceptance certificate has been signed by the supervisor and delivered to the contracting authority, with a copy to the contractor. 62. 3. Notwithstanding the issue of the final acceptance certificate, the contractor and the contracting authority shall remain liable for the fulfilment of any obligation incurred under the contract prior to the issue of the final acceptance certificate, which remains unperformed at the time such final acceptance certificate is issued. The nature and extent of any such obligation shall be determined by reference to the provisions of the contract. BREACH OF CONTRACT AND TERMINATION\n\nArticle 63\nBreach of contract\n63. 1. Either party commits a breach of contract where he fails to discharge any of his obligations under the contract. 63. 2. Where a breach of contract occurs, the party injured by the breach shall be entitled to the following remedies:\n\n\n\n\n\n\n(a)\n\n\ndamages; and/or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ntermination of the contract. 63. 3. Damages may be either:\n\n\n\n\n\n\n(a)\n\n\ngeneral damages; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nliquidated damages. 63. 4. In any case where the contracting authority is entitled to damages, he may deduct such damages from any sums due to the contractor or from the appropriate guarantee. Article 64\nTermination by the contracting authority\n64. 1. The contracting authority may, at any time and with immediate effect, terminate the contract, except as provided for under Article 64. 2. 64. 2. Except as otherwise provided in these general conditions, the contracting authority may, after giving seven days notice to the contractor, terminate the contract and expel the contractor from the site in any of the cases where:\n\n\n\n\n\n\n(a)\n\n\nthe contractor fails to carry out the works substantially in accordance with the provisions of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe contractor fails to comply within a reasonable time with a notice given by the supervisor requiring him to make good any neglect or failure to perform his obligations under the contract which seriously affects the proper and timely performance of the works;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe contractor refuses or neglects to carry out administrative orders given by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe contractor assigns the contract or subcontracts without the authorization of the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe contractor becomes bankrupt or insolvent, or has a receiving order made against him, or compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors, or goes into liquidation;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nany adverse final judgment is made in respect of an offence relating to the professional conduct of the contractor;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nany other legal disability hindering performance of the contract occurs;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nany organizational modification occurs involving a change in the legal personality, nature or control of the contractor, unless such modification is recorded in an endorsement to the contract;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\nthe contractor fails to provide the required guarantee or insurance, or if the person providing the earlier guarantee or insurance is not able to abide by his commitments. 64. 3. Termination shall be without prejudice to any other rights or powers under the contract of the contracting authority and the contractor. The contracting authority may, thereafter, complete the works himself or conclude any other contract with a third party for the account of the contractor. The contractor's liability for delay in completion shall immediately cease when the contracting authority expels him from the site without prejudice to any liability thereunder that may have already ocurred. 64. 4. The supervisor shall, upon the issue of the notice of termination of the contract, instruct the contractor to take immediate steps to bring the works to a close in a prompt and orderly manner and to reduce expenditure to a minimum. 64. 5. The supervisor shall, as soon as is possible after termination, certify the value of the works and all sums due to the contractor as at the date of termination. 64. 6. In the event of termination:\n\n\n\n\n\n\n(a)\n\n\na report of work performed by the contractor shall be drawn up by the supervisor as soon as possible after inspection of the works, and inventory taken of temporary structures, materials, plant and equipment. The contractor shall be summoned to be present during the inspection and the taking of the inventory. The supervisor shall also draw up statements of emoluments still owed by the contractor to workers employed by him in relation to the contract and of sums owed by the contractor to the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe contracting authority shall have the option of acquiring; in whole or in part temporary structures which have been approved by the supervisor, plant and materials specifically supplied or manufactured in connection with the execution of work under the contract;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe purchase price of the temporary structures, equipment, plant and materials referred to above shall not exceed the unpaid portion of the expenditure incurred by the contractor, such expenditure being limited to that required for the performance of the contract under normal conditions;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe contracting authority may purchase, at market prices, the materials and items supplied or ordered by the contractor and not already paid for by the contracting authority on such conditions as the supervisor considers appropriate. 64. 7. The contracting authority shall not be obliged to make any further payments to the contractor until the works are completed, whereupon the contracting authority shall be entitled to recover from the contractor the extra costs, if any, of completing the works, or pay any balance due to the contractor prior to the termination of the contract. 64. 8. If the contracting authority terminates the contract, it shall be entitled to recover from the contractor any loss it has suffered up to the maximum amount stated in the contract. If no maximum amount is stated, the contracting authority shall not be entitled to recover more than the part of the contract price corresponding to the value of that part of the works which cannot, by reason of the contractor's failure, be put to the intended use. 64. 9. Where the termination is not due to an act or omission of the contractor, the latter shall be entitled to claim in addition to sums owing to him for work already performed, an indemnity for loss suffered. Article 65\nTermination by the contractor\n65. 1. The contractor may, after giving 14 days notice to the contracting authority, terminate the contract if the contracting authority:\n\n\n\n\n\n\n(a)\n\n\nfails to pay the contractor the amounts due under any certificate issued by the supervisor after the expiry of the. time limit stated in Article 53. 2; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nconsistently fails to meet his obligations after repeated reminders; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nsuspends the progress of the works or any part thereof for more than 180 days, for reasons not specified in the contract, or not due to the contractor's default. 65. 2. Such termination shall be without prejudice to any other rights of the contracting authority or the contractor under the contract. Upon such termination, the contractor shall, subject to the law of the State of the contracting authority, be entitled to immediately remove his equipment from the site. 65. 3. In the event of such termination, the contracting authority shall pay the contractor for any loss or damage the contractor may have suffered. Such additional payment shall not exceed a limit which has to be specified in the contract. Article 66\nForce majeure\n66. 1. Neither party shall be considered to be in default or in breach of his obligations under the contract if the performance of such obligations is prevented by any circumstances of force majeure which arises after the date of notification of award or the date when the contract: becomes effective, whichever is the earlier. 66. 2. The term force majeure as used herein shall mean acts of God, strikes, lock-outs or other industrial disturbances, acts of the public enemy, wars whether declared or not, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, civil disturbances, explosions, and any other similar unforeseeable events, not within the control of either party and which by the exercise of due diligence neither party is able to overcome. 66. 3. Notwithstanding the provisions of Articles 36 and 64, the contractor shall not be liable to forfeiture of his performance guarantee, liquidated damages or termination for default if, and to the extent that, his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure. The contracting authority shall similarly not be liable, notwithstanding the provisions of Articles 53 and 65, to payment of interest on delayed payments, for non-performance or for termination by the contractor for default, if, and to the extent that, the contracting authority's delay or other failure to perform its obligations is the result of force majeure. 66. 4. If either party considers that any circumstances of force majeure have occurred which may affect performance of his obligations, he shall promptly notify the other party and the supervisor, giving details of the nature, the probable duration and the likely effect of the circumstances. Unless otherwise directed by the supervisor in writing, the contractor shall continue to perform his obligations under the contract as far as is reasonably practicable, and shall seek all reasonable alternative means for performance of his obligations which are not prevented by the force majeure event. The contractor shall not put into effect such alternative means unless directed so to do by the supervisor. 66. 5. If the contractor incurs additional costs in complying with the supervisor's directions or using alternative means under Article 66. 4, the amount thereof shall be certified by the supervisor. 66. 6. If circumstances of force majeure have occurred and continue for a period of 180 days then, notwithstanding any extension of time for completion of the works that the contractor may be reason thereof have been granted, either party shall be entitled to serve upon the other 30 days' notice to terminate the contract. If, at the expiry of the period of 30 days, force majeure still continues, the contract shall terminate and, in consequence thereof under the law governing the contract, the parties shall be released from further performance of the contract. Article 67\nDecease\n67. 1. Where the contractor is a natural person, the contract shall be automatically terminated if that person dies. However, the contracting authority shall examine any proposal made by the heirs or beneficiaries if they have notified their wish to continue the contract. The decision of the contracting authority shall be notified to those concerned within 30 days of receipt of such proposal. 67. 2. Where the contractor consists of natural persons and one or more of them die, a report shall be agreed between the parties on the progress of the works and the contracting authority shall decide whether to terminate or continue the contract in accordance with the undertaking given by the survivors and by the heirs or beneficiaries, as the case may be. 67. 3. In the cases provided for in Article 67. 1 and 67. 2, persons offering to continue to perform the contract shall notify the contracting authority thereof within 15 days of the date of decease. 67. 4. Such persons shall be jointly and severally liable, or as otherwise stated in the special conditions, for the proper performance of the contract to the same extent as the deceased contractor. Continuation of the contract shall be subject to the rules relating to establishment of the guarantee provided for in Article 15. SETTLEMENT OF DISPUTES\n\nArticle 68\nSettlement of disputes\n68. 1. The contracting authority and the contractor shall make every effort to amicably settle disputes relating to the contract which may arise between them, or between the supervisor and the contractor. 68. 2. The special conditions shall prescribe:\n\n\n\n\n\n\n(a)\n\n\nthe procedure for the amicable settlement of disputes;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe time limits within which the amicable settlement procedure may be invoked after notification of the dispute to the other party and the maximum time limit within which such settlement may be reached, which may not exceed 120 days from the commencement of the adopted procedure;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe time limits for responding in writing to a request for amicable settlement or to other requests permitted during the course of that procedure and the consequence of failure to comply with those time limits. 68. 3. The parties may agree to the settlement of the dispute by conciliation within a specific time limit by a third party after the amicable settlement procedure adopted has failed. 68. 4. The amicable settlement or conciliation procedure adopted shall in all cases involve a procedure in which complaints and responses are notified to the other party. 68. 5. In the absence of an amicable settlement or settlement by conciliation within the maximum time limits specified, the dispute shall:\n\n\n\n\n\n\n(a)\n\n\nin the case of a national contract, be settled in accordance with the national legislation of the State of the contracting authority; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the case of a transnational contract, be settled by arbitration in accordance with the procedural rules adopted by the EEC Council. ANNEX III\nGENERAL CONDITIONS FOR SUPPLY CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT\nCONTENTS\n\nPRELIMINARY PROVISIONS\n\n\n\n\n\n\n\nArticle 1 \u2014\n\nDefinitions\n\n\n\n\n\n\n\n\n\nArticle 2 \u2014\n\nLaw and language of the contract\n\n\n\n\n\n\n\n\n\nArticle 3 \u2014\n\nOrder of precedence of contract documents\n\n\n\n\n\n\n\n\n\nArticle 4 \u2014\n\nNotices and written communications\n\n\n\n\n\n\n\n\n\nArticle 5 \u2014\n\nSupervisor and supervisor's representative\n\n\n\n\n\n\n\n\n\nArticle 6 \u2014\n\nAssignment\n\n\n\n\n\n\n\n\n\nArticle 7 \u2014\n\nSubcontracting\n\n\n\n\nOBLIGATIONS OF THE CONTRACTING AUTHORITY\n\n\n\n\n\n\n\nArticle 8 \u2014\n\nSupply of documents\n\n\n\n\n\n\n\n\n\nArticle 9 \u2014\n\nAssistance with local regulations\n\n\n\n\nOBLIGATIONS OF THE SUPPLIER\n\n\n\n\n\n\n\nArticle 10 \u2014\n\nGeneral obligations\n\n\n\n\n\n\n\n\n\nArticle 11 \u2014\n\nPerformance guarantee\n\n\n\n\n\n\n\n\n\nArticle 12 \u2014\n\nInsurance\n\n\n\n\n\n\n\n\n\nArticle 13 \u2014\n\nPerformance programme\n\n\n\n\n\n\n\n\n\nArticle 14 \u2014\n\nDetailed breakdown of prices\n\n\n\n\n\n\n\n\n\nArticle 15 \u2014\n\nSupplier's drawings\n\n\n\n\n\n\n\n\n\nArticle 16 \u2014\n\nSufficiency of tender prices\n\n\n\n\n\n\n\n\n\nArticle 17 \u2014\n\nPatents and licences\n\n\n\n\nCOMMENCEMENT AND DELAYS\n\n\n\n\n\n\n\nArticle 18 \u2014\n\nCommencement orders\n\n\n\n\n\n\n\n\n\nArticle 19 \u2014\n\nPeriod of performance\n\n\n\n\n\n\n\n\n\nArticle 20 \u2014\n\nExtension of period of performance\n\n\n\n\n\n\n\n\n\nArticle 21 \u2014\n\nDelays in performance\n\n\n\n\n\n\n\n\n\nArticle 22 \u2014\n\nVariations\n\n\n\n\n\n\n\n\n\nArticle 23 \u2014\n\nSuspension\n\n\n\n\nMATERIALS AND WORKMANSHIP\n\n\n\n\n\n\n\nArticle 24 \u2014\n\nQuality of supplies\n\n\n\n\n\n\n\n\n\nArticle 25 \u2014\n\nInspection and testing\n\n\n\n\n\n\n\n\n\nArticle 26 \u2014\n\nProperty in the supplies\n\n\n\n\nPAYMENTS\n\n\n\n\n\n\n\nArticle 27 \u2014\n\nGeneral provisions\n\n\n\n\n\n\n\n\n\nArticle 28 \u2014\n\nProvisional price contracts\n\n\n\n\n\n\n\n\n\nArticle 29 \u2014\n\nAdvances\n\n\n\n\n\n\n\n\n\nArticle 30 \u2014\n\nRetention sums\n\n\n\n\n\n\n\n\n\nArticle 31 \u2014\n\nRevision of prices\n\n\n\n\n\n\n\n\n\nArticle 32 \u2014\n\nInterim payments\n\n\n\n\n\n\n\n\n\nArticle 33 \u2014\n\nFinal statement of account\n\n\n\n\n\n\n\n\n\nArticle 34 \u2014\n\nPayments to third parties\n\n\n\n\n\n\n\n\n\nArticle 35 \u2014\n\nDelayed payments\n\n\n\n\n\n\n\n\n\nArticle 36 \u2014\n\nPayments in foreign currency\n\n\n\n\nACCEPTANCE AND MAINTENANCE\n\n\n\n\n\n\n\nArticle 37 \u2014\n\nDelivery\n\n\n\n\n\n\n\n\n\nArticle 38 \u2014\n\nVerification operations\n\n\n\n\n\n\n\n\n\nArticle 39 \u2014\n\nProvisional acceptance\n\n\n\n\n\n\n\n\n\nArticle 40 \u2014\n\nWarranty obligations\n\n\n\n\n\n\n\n\n\nArticle 41 \u2014\n\nAfter sales service\n\n\n\n\n\n\n\n\n\nArticle 42 \u2014\n\nFinal acceptance\n\n\n\n\nBREACH OF CONTRACT AND TERMINATION\n\n\n\n\n\n\n\nArticle 43 \u2014\n\nBreach of contract\n\n\n\n\n\n\n\n\n\nArticle 44 \u2014\n\nTermination by the contracting authority\n\n\n\n\n\n\n\n\n\nArticle 45 \u2014\n\nTermination by the supplier\n\n\n\n\n\n\n\n\n\nArticle 46 \u2014\n\n\nForce majeure\n\n\n\n\n\n\n\n\n\n\nArticle 47 \u2014\n\nDecease\n\n\n\n\nSETTLEMENT OF DISPUTES\n\n\n\n\n\n\n\nArticle 48 \u2014\n\nSettlement of disputes\n\n\n\n\nPRELIMINARY PROVISIONS\n\nArticle 1\nDefinitions\n1. 1. The following definitions apply to these general conditions and to the contract:\n\n\n\n\n\n\n\u00a0\n\n\n\nEEC: the European Economic Community,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nOCT: the association of overseas countries and territories with the EEC,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontract: the signed agreement entered into by the parties for the supplies, including all attachments thereto and all documents incorporated therein,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupplier: the party with whom the contracting authority concludes the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontracting authority: the State or the legal person governed by public or private law which concludes the contract, or on behalf of which the contract is concluded, with the supplier,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nthe State of the contracting authority: the OCT on whose territory the supply contract is to be executed,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupervisor: the government department, legal person governed by public law, or the natural or legal person designated by the contracting authority in accordance with the law of the State of the contracting authority, who is responsible for directing and/or monitoring the execution of the supply contract, or to whom the contracting authority may delegate rights and/or powers, under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupervisor's representative: any natural or legal person, designated by the supervisor as such under the contract, and empowered to represent the supervisor in the performance of his functions, and in exercising such rights and/or powers as have been delegated to him. Accordingly, where functions, rights and/or powers of the supervisor have been delegated to the supervisor's representative, references to the supervisor include the supervisor's representative,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupplies: all items which the supplier is required to supply to the contracting authority, including where necessary, service such as installation, testing, commissioning, provision of expertise, supervision, maintenance, repair, training and other such obligations connected with the items to be provided under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nbill of quantities: the document containing an itemized breakdown of the supplies to be provided in a unit price contract, indicating a quantity for each item and the corresponding unit price,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nprice schedule: the completed schedule of prices including the breakdown of the overall price submitted by the supplier with his tender modified as necessary, and forming part of the unit price contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nbreakdown of the overall price: the itemized list of rates and prices showing the build-up of the price in a lump sum contract, but not forming part of the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontract price: the sum stated in the contract representing the initial estimate payable for the provision of the supplies or such other sum as ascertained by the final statement of account as due to the supplier under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ndrawings: drawings provided by the contracting authority and/or the supervisor, and/or drawings provided by the supplier and approved by the supervisor, for the provision of the supplies,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncommunications: certificates, notices, orders and instructions issued under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nwriting: any handwritten, typewritten or printed communication, including telex, cable and facsimile transmission,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nwarranty period: the period stated in the contract immediately following the date of provisional acceptance, during which the supplier is required to complete the contract and to remedy defects or faults as instructed by the supervisor,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nfinal acceptance certificate: certificate(s) issued by the supervisor to the supplier at the end of the warranty period stating that the supplier has completed his obligations under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nday: calendar day,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ntime limits: those periods in the contract which shall begin to run from the day following the act or event which serves as the starting point for those periods. Should the last day of the period fall upon a non-working day, the period shall expire at the end of the first working day following the last day of the period,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nadministrative order: any instruction or order issued by the supervisor to the supplier in writing regarding the provision of the supplies,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nnational currency: the currency of the State of the contracting authority,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nforeign currency: any permissible currency which is not the national currency and which is indicated in the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nprovisional sum: a sum included in the contract and so designated for the supply of goods, materials, plant or services, or for contingencies, which sum may be used in whole or in part, or not at all, as instructed by the supervisor,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nliquidated damages: the sum stated in the contract as compensation payable by the supplier to the contracting authority for failure to complete the contract or part thereof within the periods under the contract, or as payable by either party to the other for any other specific breach identified in the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ngeneral damages: the sum, not stated beforehand in the contract, which is awarded by a court or an arbitration tribunal, or agreed between the parties, as compensation payable to an injured party for a breach of the contract by the other party,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nspecial conditions: the special conditions issued by the contracting authority as part of the invitation to tender, as amended where necessary, and incorporated into the contract, consisting of:\n\n\n\n\n\n\n(a)\n\n\namendments to these general conditions;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nspecial contractual clauses;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ntechnical specifications; and\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nany other matter related to the contract. 1. 2. The headings and titles in these general conditions shall not be taken as part thereof or be taken into consideration in the interpretation of the contract. 1. 3. Where the context so permits, words importing the singular shall be deemed to include the plural and vice versa and words importing the masculine shall be deemed to include the feminine and vice versa. 1. 4. Words importing persons or parties shall include firms and companies and any organization having legal capacity. Article 2\nLaw and language of the contract\n2. 1. The law of the contract shall be the law of the State of the contracting authority unless otherwise stated in the special conditions. 2. 2. In all matters which are not covered by these general conditions, the law of the contract shall apply. 2. 3. The language of the contract and of all communications between the supplier, contracting authority and supervisor or their representatives shall be as stated in the special conditions. Article 3\nOrder of precedence of contract documents\nUnless otherwise stipulated in the contract, the order of precedence of the contract documents shall be as stated in the special conditions. Article 4\nNotices and written communications\n4. 1. Unless otherwise specified in the special conditions, communications between the contracting authority and/or the supervisor, on the one hand, and the supplier on the other hand, shall be sent by post, cable, telex, facsimile transmission, or personal delivery, to the appropriate addresses designated by these parties for that purpose. 4. 2. If the sender requires evidence of receipt, he shall state such requirement in the communication and shall demand such evidence of receipt whenever there is a deadline for the receipt of the communication. In any event, the sender shall take all the necessary measures to ensure receipt of his communication. 4. 3. Wherever in the contract provision is made for the giving or issue of any notice, consent, approval, certificate or decision, unless otherwise specified such notice, consent, approval, certificate or decision shall be in writing and the words \u2018notify\u2019, \u2018certify\u2019, \u2018approve\u2019 or \u2018decide\u2019 shall be construed accordingly. Any such consent, approval, certificate or decision shall not unreasonably be withheld or delayed. Article 5\nSupervisor and supervisor's representative\n5. 1. The supervisor shall carry out the duties specified in the contract. Except as expressly stated in the contract, the supervisor shall not have authority to relieve the supplier of any of his obligations under the contract. 5. 2. The supervisor may, from time to time, while retaining ultimate responsibility, delegate to the supervisor's representative any of the duties and authority vested in the supervisor and he may at any time revoke such delegation or replace the representative. Any such delegation, revocation or replacement shall be in writing and shall not take effect until a. copy thereof has been delivered to the supplier. 5. 3. Any communication given by the supervisor's representative to the supplier in accordance with the terms of such delegation shall have the same effect as though it had been given by the supervisor, provided that:\n\n\n\n\n\n\n(a)\n\n\nany failure on the part of the supervisor's representative to disapprove any supplies shall not prejudice the authority of the supervisor to disapprove such supplies and to give the instructions necessary for the rectification thereof;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe supervisor shall be at liberty to reverse or vary the content of such communication. 5. 4. Instructions and /or orders issued by the supervisor shall be by way of administrative orders. Where applicable, such orders shall be dated, numbered and entered in a register and copies thereof delivered by hand, where appropriate, to the supplier's representative. Article 6\nAssignment\n6. 1. An assignment shall be valid only if it is a written agreement by which. the supplier transfers his contract or part thereof to a third party. 6. 2. The supplier shall not, without the prior written consent of the contracting authority, assign the contract or any part thereof, or any benefit or interest thereunder, except in the following cases:\n\n\n\n\n\n\n(a)\n\n\na charge, in favour of the supplier's bankers, of any monies due or to become due under the contract; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nassignment to the supplier's insurers, of the supplier's right to obtain relief against any other person liable in cases where the insurers have discharged the supplier's loss or liability. 6. 3. For the purpose of Article 6. 2, the approval of an assignment by the contracting authority shall not relieve the supplier of his obligations for the part of the contract already performed or the part not assigned. 6. 4. If the supplier has assigned his contract without authorization, the contracting authority may, without giving formal notice thereof, apply as of right the sanctions for breach of contract provided for in Articles 43 and 44. 6. 5. Assignees must satisfy the eligibility criteria applicable for the award of the contract. Article 7\nSubcontracting\n7. 1. A subcontract shall be valid only if it is a written agreement by which the supplier entrusts performance of a part of his contract to a third party. 7. 2. The supplier shall not subcontract without the prior written authorization of the contracting authority. The elements of the contract to be subcontracted and the identity of the subcontractors shall be notified to the contracting authority. The contracting authority shall, with due regard to the provisions of Article 4. 3, within 30 days of receipt of the notification, notify the supplier of his decision, stating reasons should he withhold such authorization. 7. 3. In the selection of subcontractors preference shall be given by the supplier to natural persons, companies or firms of the State of the contracting authority capable of providing the supplies required on similar terms. 7. 4. Subcontractors must satisfy the eligibility criteria applicable for the award of the contract. 7. 5. The contracting authority shall have no contractual relations with the subcontractors. 7. 6. The supplier shall be responsible for the acts, defaults and negligence of his subcontractors and their agents or employees, as if they were the acts, defaults or negligence of the supplier, his agents or employees. The approval by the contracting authority of the subcontracting of any part of the contract or of the subcontractor shall not relieve the supplier of any of his obligations under the contract. 7. 7. If a subcontractor has undertaken any continuing obligation extending for a period exceeding that of the warranty period under the contract towards the supplier in respect of the supplies provided by the subcontractor, the supplier shall, at any time after the expiration of the warranty period, transfer immediately to the contracting authority, at the contracting authority's request and cost, the benefit of such obligation for the unexpired duration thereof. 7. 8. If the supplier enters into a subcontract without approval, the contracting authority may, without giving formal notice thereof, apply as of right the sanctions for breach of contract provided for in Articles 43 and 44. OBLIGATIONS OF THE CONTRACTING AUTHORITY\n\nArticle 8\nSupply of documents\n8. 1. Within 30 days of the establishment of the performance guarantee provided for in Article 11, the supervisor shall provide to the supplier, free of charge, a copy of the drawings prepared for the performance of the contract as well as two copies of the specifications and other contract documents. The supplier may purchase additional copies of these drawings, specifications and other documents, insofar as they are available. Upon the issue of the warranty certificate or upon final acceptance, the supplier shall return to the supervisor all drawings, specifications and other contract documents. 8. 2. Unless it is necessary for the purposes of the contract, the drawings, specifications and other documents provided by the contracting authority shall not be used or communicated to a third party by the supplier without the prior consent of the supervisor. 8. 3. The supervisor shall have authority to issue to the supplier, administrative orders incorporating such supplementary drawings and instructions as shall be necessary for the proper and adequate execution of the contract and the remedying of any defects therein. Article 9\nAssistance with local regulations\n9. 1. The supplier may request the assistance of the contracting authority in obtaining copies of laws, regulations, and information on local customs, orders or by-laws of the country to which the supplies are to be delivered, which may affect the supplier in the performance of his obligations under the contract. The contracting authority may provide the assistance requested to the supplier at the supplier's cost. 9. 2. The supplier shall submit to the contracting authority in good time such details of the supplies as will enable the contracting authority to obtain all necessary import permits or licences. 9. 3. The contracting authority shall obtain all import permits or licences required for the supplies, or any part thereof, in reasonable time having regard to the time for delivery of the supplies and completion of the contract. 9. 4. Subject to the provisions of the laws and regulations on foreign labour of the State in which the supplies are to be delivered, the contracting authority shall make all efforts necessary, to facilitate the procurement by the supplier of all required visas and permits, including work and residence permits, for the personnel whose service the supplier and the contracting authority consider necessary as well as residence permits for their families. OBLIGATIONS OF THE SUPPLIER\n\nArticle 10\nGeneral obligations\n10. 1. The supplier shall perform the contract with due care and diligence including, where specified, the design, manufacture, delivery to site, erecting, testing and commissioning of the supplies and carrying out any other work including the remedying of any defects in the supplies. The supplier shall also provide all necessary equipment, superintendence, labour and facilities required for the performance of the contract. 10. 2. The supplier shall comply with administrative orders given by the supervisor. Where the supplier considers that the requirements of an administrative order go beyond the authority of the supervisor or the scope of the contract he shall, on pain of being time-barred, give notice, with reasons, to the supervisor within 30 days after receipt thereof. Execution of the administrative order shall not be suspended because of this notice. 10. 3. The supplier shall respect and abide by all laws and regulations in force in the State of the contracting authority and shall ensure that his personnel, their dependants, and his local employees also respect and abide by all such laws and regulations. The supplier shall indemnify the contracting authority against any claims and proceedings arising from any infringement by the supplier, his employees and their dependants of such laws and regulations. 10. 4. If the supplier or any of his subcontractors, agents or servants offers to give or agrees to offer or to give or gives to any person, any bribe, gift, gratuity or commission as an inducement or reward for doing or forbearing to do any act in relation to the contract or any other contract with contracting authority, or for showing favour or disfavour to any person in relation to the contract or any other contract with the contracting authority, then the contracting authority may, without prejudice to any accrued rights of the supplier under the contract, terminate the contract in which case the provisions of Articles 43 and 44 hereof shall apply. 10. 5. The supplier shall treat all documents and information received in connection with the contract as private and confidential, and shall not, save insofar as may be necessary for the purposes of the execution thereof, publish or disclose any particulars of the contract without the prior consent in writing of the contracting authority or the supervisor after consultation with the contracting authority. If any disagreement arises as to the necessity for any publication or disclosure for the purpose of the contract, the decision of the contracting authority shall be final. 10. 6. If the supplier is a joint venture or consortium of two or more persons, all such persons shall be jointly and severally bound to fulfil the terms of the contract according to the law of the State of the contracting authority and shall, at the request of the contracting authority, designate one of such persons to act as leader with authority to bind the joint venture or consortium. The composition or the constitution of the joint venture or consortium shall not be altered without the prior consent of the contracting authority. Article 11\nPerformance guarantee\n11. 1. The supplier shall, within 30 days after the receipt of the notification of the award of contract, furnish to the contracting authority a guarantee for the full and proper performance of the contract. The amount of the guarantee shall be as specified in the special conditions and shall not exceed 10% of the contract price including any amounts stipulated in riders to the contract, save where the special conditions provide otherwise; however, it may in no case exceed 20 % of such price. 11. 2. The performance guarantee shall be, held against payment to the contracting authority for any loss resulting from the supplier's failure to fully and properly perform his obligations under the contract. 11. 3. The performance guarantee shall be in the format given in the special conditions and may be provided in the form of a bank guarantee, a banker's draft, a certified cheque, a bond provided by an insurance and/or bonding company, an irrevocable letter of credit or a cash deposit made with the contracting authority. If the performance guarantee is to be provided in the form of a bank guarantee, a banker's draft, a certified cheque or a bond, it shall be issued by a bank or bonding and/or insurance company approved by the contracting authority in accordance with the eligibility criteria applicable for the award of the contract. 11. 4. Unless stated otherwise in the special conditions, the performance guarantee shall be denominated in the types and proportions of currencies in which the contract is payable. 11. 5. No payments shall be made in favour of the supplier prior to the provision of the guarantee. The guarantee shall continue to remain valid until the contract has been fully and properly performed. 11. 6. During the performance of the contract, if the natural or legal person providing the guarantee is not able to abide by his commitments, the guarantee shall cease to be valid. The contracting authority shall give formal notice to the supplier to provide a new guarantee on the same terms as the previous one. Should the supplier fail to provide a new guarantee, the contracting authority may terminate the contract. 11. 7. The contracting authority shall demand payment from the guarantee of all sums for which the guarantor is liable under the guarantee due to the supplier's default under the contract, in accordance with the terms of the guarantee and up to the value thereof. The guarantor shall, without delay, pay those sums upon demand from the contracting authority and may not raise any objection for any reason whatsoever. Prior to making any claim under the performance guarantee, the contracting authority shall notify the supplier stating the nature of the default in respect of which the claim is to be made. 11. 8. Except for such part as may be specified in the special conditions in respect of after-sales service, the performance guarantee shall be released within 30 days of the issue of the signed final statement of account referred to in Article 33. Article 12\nInsurance\n12. 1. Without prejudice to Article 37 the special conditions may require that the carriage of supplies shall be covered by an insurance policy the terms of which may be laid down therein. The special conditions may also make provisions for other types of insurance to be borne by the supplier. 12. 2. Notwithstanding the obligations of the supplier to insure in accordance with Article 12. 1 the supplier shall be solely liable and shall indemnify the contracting authority and the supervisor against any claims by third parties for damage to property or personal injuries arising from the execution of the contract by the supplier, his subcontractors and employees in connection with the contract. Article 13\nPerformance programme\n13. 1. If the special conditions so require, the supplier shall submit for the approval of the supervisor a programme of performance of the contract. The programme shall contain at least the following:\n\n\n\n\n\n\n(a)\n\n\nthe order in which the supplier proposes to execute the contract including design, manufacture, delivery to place of acceptance, installation, testing and commissioning;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe time limits within which submission and approval of the drawings are required;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\na general description of the methods which the supplier proposes to adopt for executing the contract; and\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nsuch further details and information as the supervisor may reasonably require. 13. 2. The approval of the programme by the supervisor shall not relieve the supplier from any of his obligations under the contract. 13. 3. No material alteration to the programme shall be made without the approval of the supervisor. If, however, the progress of the performance of the contract does not conform to the programme, the supervisor may instruct the supplier to revise the programme and submit the revised programme to him for approval. Article 14\nDetailed breakdown of prices\n14. 1. Where appropriate and within a period of not more than 20 days following the supervisor's reasoned request, the supplier shall provide a detailed breakdown of his rates and prices, where such breakdown is required for any purpose under the contract. 14. 2. After the notification of award of contract, the supplier shall, where appropriate and within the time limits stated in the special conditions, provide to the supervisor for his information only, a detailed cash flow estimate, in quarterly periods, of all payments which may be due to the supplier under the contract. The supplier shall subsequently supply revised cash flow estimates at quarterly intervals, if so required by the supervisor. The communication shall not impose any liability whatsoever on the contracting authority or the supervisor. Article 15\nSupplier's drawings\n15. 1. If the special conditions so provide, the supplier shall submit to the supervisor for approval:\n\n\n\n\n\n\n(a)\n\n\nsuch drawings, documents, samples, and/or models as may be specified in the contract within the time limits laid down therein or in the programme of performance;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nsuch drawings as the supervisor may reasonably require for the performance of the contract. 15. 2. If the supervisor fails to notify his decision of approval referred to in Article 15. 1 within the time limits required by the contract or the approved programme of performance, such drawings, documents, samples or models shall be deemed to be approved at the end of the time limit specified. If no time limit is specified they shall be deemed to be approved 30 days after receipt. 15. 3. Approved drawings, documents, samples and models shall be signed or otherwise identified by the supervisor and shall not be departed from except as otherwise instructed by the supervisor. Any supplier's drawings, documents, samples or models which the supervisor fails to approve, shall be forthwith modified to meet the requirements of the supervisor and resubmitted by the supplier for approval. 15. 4. The supplier shall supply additional copies of approved drawings in the form and numbers stated in the contract or in subsequent administrative orders. 15. 5. The approval of the drawings, documents, samples or models shall not relieve the supplier from any of his obligations under the contract. 15. 6. The supervisor shall have the right at all reasonable times to inspect all contract drawings, documents, samples or models at the supplier's premises. 15. 7. Before provisional acceptance of the supplies, the supplier shall supply operation and maintenance manuals together with drawings, which shall be in such detail as will enable the contracting authority to operate, maintain, adjust and repair all parts of the supplies. Unless otherwise stated in the special conditions, the manuals and drawings shall be in the language of the contract and in such forms and numbers as stated in the contract. The supplies shall not be considered to be completed for the purpose of provisional acceptance until such manuals and drawings have been supplied to the contracting authority. Article 16\nSufficiency of tender prices\n16. 1. Subject to any additional provisions which may be laid down in the special conditions, the supplier shall be deemed to have satisfied himself before submitting his tender as to the correctness and sufficiency of the tender and to have taken account of all that is required for the full and proper performance of the contract and to have included in his rates and prices all costs related to the supplies, in particular:\n\n\n\n\n\n\n(a)\n\n\nthe costs of transport;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe costs of handling, packing, loading, unloading, transit, delivery, unpacking, checking, insurance, and other administrative costs in connection with the supplies. The packaging shall be the property of the contracting authority unless the special conditions provide otherwise;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe cost of documents relating to the supplies where such documents are required by the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nperformance and supervision of on-site assembly and/or start up of the delivered supplies;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nfurnishing of tools required for assembly and/or maintenance of the delivered supplies;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nfurnishing of detailed operation and maintenance manual for each unit of the delivered supplies, as specified in the contract;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nsupervision or maintenance and/or repair of the supplies, for a period of time stated in the contract, provided that this service shall not relieve the supplier of any warranty obligations under the contract; and\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\ntraining of the contracting authority's personnel, at the supplier's factory and /or elsewhere as specified in the contract. 16. 2. Since the supplier is deemed to have determined his prices on the basis of his own calculations, operations and estimates, he shall carry out without additional charge any work which is the subject of any item whatsoever in his tender for which he neither indicates a unit price nor a firm sum. Article 17\nPatents and licences\nSave where otherwise provided in the special conditions, the supplier shall indemnify the contracting authority and the supervisor against any claim resulting from the use, as specified in the contract, of patents, licences, drawings, designs, models, or brand or trade marks, except where such infringement results from compliance with the design or specifications provided by the contracting authority and/or the supervisor. COMMENCEMENT AND DELAYS\n\nArticle 18\nCommencement orders\n18. 1. The contracting authority shall fix the date on which performance of the contract is to commence, and advise the supplier either in the notification of award of contract or by administrative order issued by the supervisor. 18. 2. The date for commencing performance shall be no later than 180 days following notification of award of contract unless agreed otherwise by the parties. Article 19\nPeriod of performance\n19. 1. The period of performance shall commence on the date fixed in accordance with Article 18. 1 and shall be as stated in the contract, without prejudice to extensions of the period which may be granted under Article 20. 19. 2. If provision is made for separate periods of performance for supply in separate lots, such periods shall not be aggregated in cases where one supplier is allocated more than one lot. Article 20\nExtension of period of performance\n20. 1. The supplier may request an extension to the period of performance if he is or will be delayed in completing the contract by any of the following causes:\n\n\n\n\n\n\n(a)\n\n\nextra or additional supplies ordered by the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nexceptional weather conditions in the State of the contracting authority which may affect installation or erection of the supplies;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nphysical obstructions or conditions which may affect delivery of the supplies, which could not reasonably have been foreseen by a competent supplier;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nadministrative orders affecting the date of completion other than those arising from the supplier's default;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nfailure of the contracting authority to fulfil his obligations under the contract;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nany suspension of the delivery and/or installation of the supplies which is not due to the supplier's default;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\n\nforce majeure;\n\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nany other causes referred to in these general conditions which are not due to the supplier's default. 20. 2. The supplier shall, within 15 days of becoming aware that delay may occur, notify the supervisor of his intention to make a request for extension of the period of performance to which he considers himself entitled, and shall within 60 days thereafter, except where otherwise agreed between the supplier and the supervisor, deliver to the supervisor full and detailed particulars of the request, in order that such request may be investigated at the time. 20. 3. The supervisor shall, by written notice to the supplier after due consultation with the contracting authority and where approriate, the supplier, grant such extension of the period of performance as may be justified, either prospectively or retrospectively or, inform the supplier that he is not entitled to an extension. Article 21\nDelays in performance\n21. 1. If the supplier fails to deliver any or all of the goods or perform the services within the time period(s) specified in the contract, the contracting authority shall, without formal notice and without prejudice to his other remedies under the contract, be entitled to liquidated damages for every day or part thereof which shall elapse between the end of the period specified for performance, or extended performance under Article 20, and the actual date of completion, at the rate and up to the maximum amount specified in the special conditions. 21. 2. If the contracting authority has become entitled to the maximum claim under Article 21. 1 he may, after giving notice to the supplier:\n\n\n\n\n\n\n(a)\n\n\nseize the performance guarantee; and/or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nterminate the contract; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nenter into a contract with a third party at the supplier's cost for the provision of the balance of the supplies. Article 22\nVariations\n22. 1. The supervisor shall have power to order any variation to any part of the supplies necessary for the proper completion and/or functioning of the supplies. Such variations may include additions, omissions, substitutions, changes in quality, quantity, form, character, kind, as well as drawings, designs or specifications where the supplies are to be specifically manufactured for the contracting authority, method of shipment or packing, place of delivery, and in the specified sequence, method or timing of execution of the supplies. No order for a variation shall have the effect of invalidating the contract, but the financial effect, if any, of all such variations shall be valued in accordance with Article 22. 5 and 22. 7. 22. 2. No variation shall be made except by administrative order, provided that:\n\n\n\n\n\n\n(a)\n\n\nif for any reason, the supervisor shall find it necessary to give an order orally, he shall as soon as possible thereafter confirm the order by an administrative order;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nif the supplier shall confirm in writing an oral order given for the purpose of Article 22. 2 (a) and the confirmation shall not be contradicted in writing forthwith by the supervisor, an administrative order shall be deemed to have been issued for the variation;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nan administrative order for variation shall not be required for increase or decrease in the quantity of any work where such increase or decrease is the result of the quantity exceeding or being less than that stated in the bill of quantities or price schedule. 22. 3. Save as provided by Article 22. 2, prior to any administrative order for variation, the supervisor shall notify the supplier of the nature and form of such variation. As soon as possible, after receiving such notice, the supplier shall submit to the supervisor a proposal containing:\n\n\n\n\n\n\n(a)\n\n\na description of the tasks, if any, to be performed or the measures to be taken and a programme for execution; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nany necessary modifications to the programme of performance or to any of the supplier's obligations under the contract; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nany adjustment to the contract price in accordance with the rules as set out in Article 22. 22. 4. Following the receipt of the supplier's submission referred to in Article 22. 3, the supervisor shall, after due consultation with the contracting authority and, where appropriate, the supplier, decide as soon as possible whether or not the variation shall be carried out. If the supervisor decides that the variation shall be carried out he shall issue the administrative order stating that the variation shall be carried out at the prices and under the conditions given in the supplier's submission referred to in Article 22. 3 or as modified by the supervisor in accordance with Article 22. 5. 22. 5. The prices for all variations ordered by the supervisor in accordance with Articles 22. 2 and 22. 4 shall be ascertained by the supervisor in accordance with the following principles:\n\n\n\n\n\n\n(a)\n\n\nwhere the task is of similar character and executed under similar conditions to an item priced in the bill of quantities or price schedule it shall be valued at such rates and prices contained therein;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nwhere the task is not of a similar character or is not executed under similar conditions, the rates and prices in the contract shall be used as the basis for valuation so far as is reasonable, failing which, a fair valuation shall be made by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nif the nature or amount of any variation relative to the nature or amount of the whole of the contract or to any part thereof shall be such that in the opinion of the supervisor any rate or price contained in the contract for any item of work is by reason of such variation rendered unreasonable, then the supervisor shall fix such rate or price as in the circumstances he shall think reasonable and proper;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhere a variation is necessitated by default or breach of contract by the supplier, any additional cost attributable to such variation shall be borne by the supplier. 22. 6. On receipt of the administrative order requesting the variation, the supplier shall proceed to carry out the variation and be bound by these general conditions in so doing as if such variation were stated in the contract. The supplies shall not be delayed pending the granting of any extension of time for completion or adjustment to the contract price. Where the order for a variation precedes the adjustment to the contract price, the supplier shall keep records of the costs of undertaking the variation and of time expended thereon. Such records shall be open to inspection by the supervisor at all reasonable times. 22. 7. Where on provisional acceptance, an increase or reduction in the total value of supplies required under the contract resulting from an administrative order, or from some other circumstance which is not caused by the supplier's default, exceeds 15% of the contract price, the supervisor shall, after consultation with the contracting authority and the supplier determine any additions to or reduction from the contract price as a consequence of the application of Article 22. 5. The sum so determined shall be based on the amount by which the increase or decrease in value of the supplies exceeds 15%. The sum shall be notified by the supervisor to the contracting authority and the supplier and the contract price adjusted accordingly. Article 23\nSuspension\n23. 1. The supervisor may, by administrative order, at any time, instruct the supplier to suspend:\n\n\n\n\n\n\n(a)\n\n\nprogress of the manufacture of the supplies; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ndelivery of supplies to the place of acceptance at the time specified for delivery in the performance programme or, if no time is specified, at the time appropriate for it to be delivered; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe installation of the supplies which have been delivered to the place of acceptance. 23. 2. The supplier. shall, during suspension, protect and secure the supplies affected at the supplier's warehouse or elsewhere, against any deterioration, loss or damage to the extent possible and as instructed by the supervisor, even if the supplies have been delivered to the place of acceptance in accordance with the contract but whose installation has been suspended by the supervisor. 23. 3. Additional expenses incurred in connection with such protective measure shall be added to the contract price. The supplier shall not be entitled to be paid any additional expenses if the suspension is:\n\n\n\n\n\n\n(a)\n\n\notherwise provided for in the contract; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nnecessary by reason of normal climatic conditions at the place of acceptance; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nnecessary by reason of some default of the supplier; or\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nnecessary for the safety or the proper execution of the contract or any part thereof insofar as such necessity does not arise from any act or default by the supervisor or the contracting authority. 23. 4. The supplier shall not be entitled to such additions to the contract price unless he notifies the supervisor, within 30 days after receipt of the order to suspend progress or delivery, of his intention to make a claim for them. 23. 5. The supervisor, after consultation with the contracting authority and the supplier, shall determine such extra payment and/or extension of the period of performance to be made to the supplier in respect of such claim as shall, in the opinion of the supervisor, be fair and reasonable. 23. 6. If the period of suspension exceeds 180 days, and the suspension is not due to the supplier's default, the supplier may, by notice to the supervisor, request permission to proceed with the supplies within 30 days, or terminate the contract. MATERIALS AND WORKMANSHIP\n\nArticle 24\nQuality of supplies\n24. 1. The supplies must in all respects satisfy the technical specifications laid down in the special conditions and conform in all respects with the drawings, surveys, models, samples, patterns, and other requirements in the contract which shall be held at the disposal of the contracting authority or the supervisor for the purposes of identification throughout the period of performance. 24. 2. Any preliminary technical acceptance stipulated in the special conditions shall be the subject of a request sent by the supplier to the supervisor. The request shall indicate the specification of the materials, items and samples submitted for such acceptance according to the contract, the lot number and the place where acceptance is to take place, as appropriate. The materials, items and samples specified in the request must be certified by the supervisor as meeting the requirements for such acceptance prior to their incorporation in the supplies. 24. 3. Even if materials or items to be incorporated in the supplies or in the manufacture of components to be supplied have been technically accepted in this way, they may still be rejected and must be replaced immediately by the supplier if a further examination reveals defects or faults. The supplier may be given the opportunity to repair and make good materials and items which have been rejected, but such materials and items will be accepted for incorporation in the supplies only if they have been repaired and made good to the satisfaction of the supervisor. Article 25\nInspection and testing\n25. 1. The supplier shall ensure that the supplies are delivered to the place of acceptance in time to allow the supervisor to proceed with acceptance of the supplies, The supplier is deemed to have fully appreciated the difficulties which he might encounter in this respect, and he shall not be permitted to advance any grounds for delay in fulfilling his obligations. 25. 2. The supervisor shall be entitled either by himself or his agent, from time to time, to inspect, examine, measure and test the components, materials and workmanship, and check the progress of preparation, fabrication or manufacture of anything being prepared, fabricated or manufactured for delivery under the contract in order to establish whether the components, materials and workmanship are of the requisite quality and quantity. This shall take place at the place of manufacture, fabrication or preparation or at the place of acceptance or at such other places as may be specified in the contract. 25. 3. For the purposes of such tests and inspections, the supplier shall:\n\n\n\n\n\n\n(a)\n\n\nprovide to the supervisor, temporarily and free of charge, such assistance, test samples or parts, machines, equipment, tools, labour, materials, drawings and production data as are normally required for inspection and testing;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nagree, with the supervisor, on the time and place for tests;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nprovide access for the supervisor at all reasonable times to the place where the tests are to be carried out. 25. 4. If the supervisor is not present on the date agreed for tests, the supplier may, unless otherwise instructed by the supervisor, proceed with the tests, which shall be deemed to have been made in the supervisor's presence. The supplier shall forthwith forward duly certified copies of the test results to the supervisor, who shall, if he has not attended the test, be bound by the test results. 25. 5. When components and materials have passed the tests referred to in Article 25, the supervisor shall notify the supplier or endorse the supplier's certificate to that effect. 25. 6. If the supervisor and the supplier disagree on the test results, each shall give a statement of his views to the other within 15 days after such disagreement arises. The supervisor or the supplier may require such tests to be repeated on the same terms and conditions or, if either party so requests, by an expert to be selected by common consent. All test reports shall be submitted to the supervisor who shall communicate the results of these tests without delay to the supplier. The results of the retesting shall be conclusive. The cost of retesting shall be borne by the party whose views are proved wrong by the retesting. 25. 7. In the performance of his duties, the supervisor and all persons authorized by him shall disclose only to those persons who are entitled to know of it information which he has obtained by reason of his inspection and testing of the methods of manufacture and operation of the undertaking. Article 26\nProperty in the supplies\n26. 1. The special conditions may provide that the supplier, for the purpose of securing payment under Article 32 in respect of any part of the supplies before delivery to the place of acceptance, shall:\n\n\n\n\n\n\n(a)\n\n\nvest that part of the supplies in the contracting authority; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nmake that part of the supplies subject to a lien in favour of the contracting authority; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nmake that part of the supplies subject to any other arrangement regarding priority interest or security. 26. 2. Upon termination of the contract before completion, the supplier shall deliver to the contracting authority any part of the supplies the property in which has vested in the contracting authority or been made subject to a lien by virtue of Article 26. 1. If he fails to do so the contracting authority may take such appropriate action as it deems fit in order to obtain possession of such supplies, and recover the cost of so doing from the supplier. PAYMENTS\n\nArticle 27\nGeneral provisions\n27. 1. Payments shall be made in the national currency except as otherwise stipulated in the contract. 27. 2. The administrative or technical conditions to which the payment of advances, interim and/or final payments made in accordance with Articles 28 to 36 are subject, shall be as stated in the special conditions. Article 28\nProvisional price contracts\n28. 1. In exceptional cases, where all the prices cannot be predetermined, a provisional price contract may be awarded after consultation and agreement between the contracting authority and the supplier. The amount of the contract shall be determined initially on the basis of provisional prices and, after the conditions for performance of the contract are known, by the procedure specified in the special conditions. 28. 2. The supplier shall supply such information as the contracting authority or the supervisor may reasonably require in respect of any matter relating to the contract for the purpose of the calculation. Where agreement cannot be reached on the valuation of the supplies, the amounts payable shall be determined by the supervisor. Article 29\nAdvances\n29. 1. Unless otherwise provided in the special conditions, advances shall be granted to the supplier, at his request, for operations connected with the provision of the supplies as a lump-sum advance. 29. 2. Subject to the provisions of the special conditions, the total amount of the advances shall not exceed 60 % of the contract price. 29. 3. No advance shall be granted until:\n\n\n\n\n\n\n(a)\n\n\nthe conclusion of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nprovision to the contracting authority by the supplier of the performance guarantee in accordance with Article 11; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nprovision to the contracting authority by the supplier of a separate directly liable guarantee for the full amount of the advance by the institutions referred to in Article 11. 3, which shall remain effective for at least 60 days after provisional acceptance of the supplies. 29. 4. The supplier shall use the advance exclusively for operations connected with the provision of the supplies. Should the supplier misuse any portion of the advance, it shall become due and repayable immediately and no further advance payment shall be made to him. 29. 5. Should the advance guarantee cease to be valid and the supplier fail to re-validate it, either a deduction equal to the amount of the advance may be made by the contracting authority from future payments due to the supplier under the contract, or the contracting authority may apply the provisions of Article 11. 6. 29. 6. If the contract is terminated for any reason whatsoever, the guarantees securing the advances may be invoked forthwith in order to repay the balance of the advances still owed by the supplier, and the guarantor shall not delay payment or raise objection for any reason whatever. 29. 7. The advance guarantee provided for in Article 29 shall not be released before provisional acceptance of the supplies but shall be released within 60 days thereafter. 29. 8. Further conditions and procedures for granting and repaying advances shall be as laid down in the special conditions. Article 30\nRetention sums\n30. 1. The sum which shall be retained from interim payments by way of guarantee to meet the supplier's obligations during the warranty period, and the detailed rules governing that guarantee, shall be as stipulated in the special conditions, provided that it shall in no case exceed 10% of the contract price. 30. 2. Subject to the approval of the contracting authority, the supplier may, if he so wishes, substitute, not later than the provisional acceptance of the supplies, these retention sums by a retention guarantee issued in accordance with Article 11. 3. 30. 3. The sum retained or the retention guarantee shall be released within 90 days of the date of final acceptance of the supplies. Article 31\nRevision of prices\n31. 1. Unless otherwise stipulated in the special conditions, and except as provided in Article 31. 4, contracts shall be at fixed prices which shall not be revised. 31. 2. Where prices may be revised under the contract, such revision shall take into account variations in the prices of significant local or external elements which served as a basis for the calculation of the tender price, such as manpower, services, materials and supplies, as well as charges laid down by law or regulation. The detailed rules for the revision shall be as laid down in the special conditions. 31. 3. Prices contained in the supplier's tender shall be deemed:\n\n\n\n\n\n\n(a)\n\n\nto have been arrived at on the basis of the conditions in force 30 days prior to the latest date fixed for submission of tenders or, in the case of direct agreement contracts, on the date of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nto have taken account of the legislation and the relevant tax arrangements applicable at the reference date fixed in Article 31. 3 (a). 31. 4. In the event of changes to, or introduction of, any national or State statute, ordinance, decree or other law, or any regulation or by-law of any local or other public authority, after the date stated in Article 31. 3 which causes a change in the contractual relationship between parties to the contract, the contracting authority and the supplier shall consult on how best to proceed further under the contract, and may as a result of such consultation decide:\n\n\n\n\n\n\n(a)\n\n\nto modify the contract; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\non payment of compensation for the resulting imbalance by one party to the other; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nto terminate the contract by mutual agreement. 31. 5. In the event of a delay in the execution of the contract for which the supplier is responsible or at the end of the period of performance revised as necessary in accordance with the contract, there shall be no further revision of prices within the 30 days before provisional acceptance except for the application of new price indexation, if this is to the benefit of the contracting authority. Article 32\nInterim payments\n32. 1. Unless otherwise specified in the special conditions, the supplier shall submit an application for interim payment to the supervisor at the end of each period referred to in Article 32. 7 in a form approved by the supervisor. The application shall include the following items, as applicable:\n\n\n\n\n\n\n(a)\n\n\nthe estimated contract value of the supplies delivered up to the end of the period in question;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nan amount reflecting any revision of prices pursuant to Article 31;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nan amount to be withheld as retention sum under Article 30;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nany credit and/or debit for the period in question in respect of supplies delivered under the contract, but not yet installed or commissioned in the amount and under the conditions set out in Article 32. 2;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nany other sum to which the supplier may be entitled under the contract. 32. 2. The supplier shall be entitled to such sums as the supervisor may consider proper in respect of supplies delivered under the contract, but not yet installed or commissioned, provided that:\n\n\n\n\n\n\n(a)\n\n\nthe supplies conform to the specification of the contract and are set out in batches in a way that they may be recognized by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nsuch supplies have been delivered to the place of acceptance, and are properly stored and protected against loss, damage or deterioration to the satisfaction of the supervisor;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe supplier's record of requirements, orders, receipts and use of goods and materials under the contract are kept in a form approved by the supervisor and such records are available for inspection by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe supplier submits with his statement, the estimated value of the supplies at the place of acceptance, together with such documents as may be required by the supervisor for the purpose of valuation of the supplies and providing evidence of ownership and payment therefor; and\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nwhere the special conditions so provide, ownership of the supplies shall be deemed to be vested in the contracting authority. 32. 3. Approval by the supervisor of any interim payment certified by him in respect of goods and materials pursuant to Article 32 shall be without prejudice to the exercise of any power of the supervisor under the contract to reject any goods and materials which are not in accordance with the provisions of the contract. Where the special conditions so provide, upon any such rejection the property in the rejected goods and materials shall immediately revert to the supplier. 32. 4. The supplier shall be responsible for any loss or damage to and for the cost of storing, handling of and removing from the place of acceptance, such goods and materials which have been rejected and shall effect such additional insurance as may be necessary to cover the risk of such loss or damage from any cause. 32. 5. Within 30 days of receipt of the said application for interim payment, it shall be approved or amended in such manner that, in the supervisor's opinion, it reflects the amount due to the supplier in accordance with the contract. In cases where there is a difference of opinion as to the value of an item, the supervisor's view shall prevail. On determination of the amount due to the supplier, the supervisor shall issue to the contracting authority and the supplier, an interim payment certificate for the amount due to the supplier and shall inform the supplier of the supplies for which payment is being made. 32. 6. The supervisor may, by an interim payment certificate, make any corrections or modifications to any previous certificate issued by him and shall have power to modify the valuation in or withhold the issuing of any interim payment certificate if the contract, or arty part thereof, has not been executed to his satisfaction. 32. 7. The frequency of interim payments shall be laid down in the special conditions in accordance with the characteristics of the supplies. 32. 8. The special conditions may require certain interim payments to be fully secured by a guarantee approved in accordance with Article 11. Article 33\nFinal statement of account\n33. 1. Not later than 60 days after the issue of the final acceptance certificate referred to in Article 41, the supplier shall submit to the supervisor a draft final statement of account with supporting documents showing in detail the value of the supplies provided in accordance with the contract, together with all further sums which the supplier considers to be due to him under the contract in order to enable the supervisor to prepare the final statement of account. The special conditions may, however, in accordance with Article 33. 6 state that the draft final statement of account and further proceedings related thereto, be dealt with before the issue of the provisional acceptance certificate. 33. 2. Within 60 days after receipt of this draft final statement of account and of all information reasonably required for its verification, the supervisor shall prepare the final statement of account, which determines:\n\n\n\n\n\n\n(a)\n\n\nthe amount which in his opinion is finally due under the contract; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nafter establishing the amounts previously paid by the contracting authority and all sums to which the contracting authority is entitled under the contract, the balance, if any, due from the contracting authority to the supplier, or from the supplier to the contracting authority, as the case may be. 33. 3. The supervisor shall issue to the contracting authority or its duly authorized representative, and to the supplier, the final statement of account showing the final amount to which the supplier is entitled under the contract. The contracting authority or its duly authorized representative and the supplier shall sign the final statement of account as an acknowledgement of the full and final value of the supplies provided under the contract and shall promptly submit the signed copy to the supervisor. However, the final statement of account shall not include amounts in dispute which are the subject of negotiations, conciliation, arbitration or litigation. 33. 4. The final statement of account signed by the supplier shall constitute a written discharge of the contracting authority confirming that the total of the final statement of account represents full and final settlement of all monies due to the supplier under the contract, other than those amounts which are the subject of amicable settlement, arbitration or litigation. However, such discharge shall become effective only after any payment due in accordance with the final statement of account has been made and the performance guarantee referred to in Article 11, has been returned to the supplier. 33. 5. The contracting authority shall not be liable to the supplier for any matter or thing whatsoever arising out of, or in connection with, the contract or provision of the supplies, unless the supplier shall have included a claim in respect thereof in his draft final statement of account. 33. 6. The provisions of Article 33 may be varied by the special conditions having regard to the practices in the State of the contracting authority. Article 34\nPayment to third parties\n34. 1. All orders for payment to third parties may be carried out only after an assignment made in accordance with Article 6. The assignment shall be notified to the contracting authority. 34. 2. Notification of beneficiaries of the assignment shall be the sole responsibility of the supplier. 34. 3. In the event of a legally binding attachment of the property of the supplier affecting payments due to him under the contract, and without prejudice to the time limit laid down in Article 35, the contracting authority shall have 30 days, starting from the day when it receives notification of the definitive lifting of the obstacle to payment, to resume payments to the supplier. Article 35\nDelayed payments\n35. 1. Payment to the supplier of the amounts due under each of the interim payment certificates and the final statement of account issued by the supervisor shall be made by the contracting authority within 90 days of such certificate or statement being delivered to the contracting authority. If the period laid down for payment has been exceeded, the supplier shall qualify for interest calculated pro rata on the basis of the number of days delay at the rate specified in the special conditions subject to a maximum period, also specified therein. The supplier shall be entitled to such payment without prejudice to any other right or remedy under the contract. In the case of the final statement of account, the interest for the delayed payment shall be calculated on a daily basis at the rate specified in the special conditions. 35. 2. Any default in payment of more than 120 days from the expiry of the period laid down in Article 35. 1 shall entitle the supplier either not to perform the contract or to terminate it. Article 36\nPayments in foreign currency\nWhere under the contract the supplier is entitled to payments in foreign currency, the rates of exchange for calculating the payments shall be those prevailing, as determined by the Central Bank of the State of the contracting authority, 30 days prior to the latest date fixed for the submission of tenders for the contract. Such rates of exchange shall not be varied. ACCEPTANCE AND MAINTENANCE\n\nArticle 37\nDelivery\n37. 1. The supplier shall deliver the supplies in accordance with the terms specified in the contract and the supplies shall remain at the risk of the supplier until provisional acceptance. 37. 2. The supplier shall provide such packaging of the supplies as is required to prevent their damage or deterioration in transit to their final destination as indicated in the contract. The packaging shall be sufficient to withstand, without limitation, rough handling, exposure to extreme temperatures, salt and precipitation during transit and open storage. Package size and weights shall take into consideration, where appropriate, the remoteness of the final destination of the supplies, and the possible absence of heavy handling facilities at all points in transit. 37. 3. The packaging, marking and documentation within and outside the packages shall comply with such special requirements as shall be expressly provided for in the contract, subject to any variations subsequently ordered by the supervisor. 37. 4. No supplies shall be shipped or delivered to the place of acceptance until a confirmation in writing has been obtained by the supplier from the supervisor that the supplies may be delivered. The supplier shall be responsible for the delivery at the place of acceptance of all supplies and supplier's equipment required for the purpose of the contract. 37. 5. Each delivery must be accompanied by a statement drawn up by the supplier. This statement, the form of which shall be as prescribed by the special conditions, shall contain, in particular:\n\n\n\n\n\n\n\u2014\n\n\nthe date of delivery,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe reference number of the contract,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe identification of the supplier,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nparticulars of the goods supplied and, where appropriate, details of how they were divided for packing. 37. 6. Each package must be clearly marked with its order number as shown on the statement referred to in Article 37. 5; in the absence of indications to the contrary, this statement shall contain a list of its contents. 37. 7. Delivery shall be deemed to have been made when there is written evidence available to both parties that delivery of the supplies has taken place in accordance with the terms of the contract and the invoice(s) and all such other documentation as specified in the special conditions, have been submitted to the contracting authority. Where the supplies are delivered to an establishment of the contracting authority, the latter shall bear the responsibility of bailee, in accordance with the requirements of the law of the contract, during the time which elapses between delivery for storage and acceptance. 37. 8. All materials and goods supplied under the contract shall be fully insured, with the contracting authority as beneficiary, against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the special conditions. Article 38\nVerification operations\n38. 1. The supplies shall not be accepted until the prescribed verifications and tests have been carried out at the expense of the supplier. The inspections and tests may be conducted at the point of delivery and /or at the final destination of the goods. 38. 2. The supervisor shall, during the progress of the delivery of the supplies and before the supplies are taken over, have the power to order or decide:\n\n\n\n\n\n\n(a)\n\n\nthe removal from the place of acceptance, within such time or times as may be specified in the order, of any supplies which, in the opinion of the supervisor, are not in accordance with the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe substitution by proper and suitable supplies;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe removal and proper re-installation, notwithstanding any previous test thereof or interim payment therefor, of any installation which in respect of materials, workmanship or design by the supplier for which he is responsible, is not, in the opinion of the supervisor, in accordance with the contract;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthat any work done or goods supplied or materials used by the supplier is or are not in accordance with the contract, or that the supplies or any portion thereof do not fulfil the requirements of the contract. 38. 3. The supplier shall, with all speed and at his own expense, make good the defects so specified. In case of default on the part of the supplier in carrying out such order, the contracting authority shall be entitled to employ other persons to carry out the orders and all expenses consequent thereon or incidental thereto shall be recoverable from the supplier by the contracting authority, or may be deducted by the contracting authority from any monies due or which may become due to the supplier. 38. 4. Supplies which are not of the required quality shall be rejected. A special mark may be applied to the rejected supplies. This shall not be such as to alter them or affect their commercial value. Rejected supplies shall be removed by the supplier from the place of acceptance, if the supervisor so requires, within a period which the supervisor shall specify, failing which they shall be removed as of right at the expense and risk of the supplier. Any work incorporating rejected materials shall be rejected. 38. 5. The provisions of Article 38 shall not affect the right of the contracting authority to claim under Article 21, nor shall it in any way release the supplier from any warranty or other obligations under the contract. Article 39\nProvisional acceptance\n39. 1. The supplies shall be taken over by the contracting authority when they have been delivered in accordance with the contract, have satisfactorily passed the required tests, or have been commissioned, as the case may be, and a certificate of provisional acceptance has been issued or is deemed to have been issued. 39. 2. The supplier may apply, by notice to the supervisor, for a certificate of provisional acceptance not earlier than 15 days before the supplies, in the supplier's opinion, are complete and ready for provisional acceptance. The supervisor shall within 30 days after the receipt of the supplier's application either:\n\n\n\n\n\n\n(a)\n\n\nissue the certificate of provisional acceptance to the supplier with a copy to the contracting authority stating, where appropriate, his reservations and, inter alia, the date on which, in his opinion, the supplies were completed in accordance with the contract and ready for provisional acceptance; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nreject the application giving his reasons and specifying the actions which, in his opinion, are required of the supplier for the certificate to be issued. 39. 3. Should exceptional circumstances make it impossible to proceed with the acceptance of the supplies during the period fixed for provisional or final acceptance, a statement certifying such impossibility shall be drawn up by the supervisor after consultation, where possible, with the supplier. The certificate of acceptance or rejection shall be drawn up within 30 days following the date on which such impossibility ceases to exist. The supplier shall not invoke these circumstances in order to avoid the obligation of presenting the supplies in a state suitable for acceptance. 39. 4. If the supervisor fails either to issue the certificate of provisional acceptance or to reject the supplies within the period of 30 days, he shall be deemed to have issued the certificate on the last day of that period. The certificate of provisional acceptance shall not be deemed to be an admission that the supplies have been delivered in every respect. If the supplies are divided by the contract into lots, the supplier shall be entitled to apply for separate certificates for each of the lots. 39. 5. Upon provisional acceptance of the supplies, the supplier shall dismantle and remove temporary structures as well as materials no longer required for use in connection with the performance of the contract. He shall also remove any litter or obstruction and redress any change in the condition of the place of acceptance as required by the contract. Article 40\nWarranty obligations\n40. 1. The supplier shall warrant that the supplies are new, unused, of the most recent models and incorporate all recent improvements in design and materials, unless otherwise provided in the contract. The supplier shall further warrant that all supplies shall have no defect arising from design, materials or workmanship, except insofar as the design or materials are required by the specifications, or from any act or omission of the contracting authority, that may develop under use of the supplies in the conditions obtaining in the State of the contracting authority. 40. 2. Unless otherwise specified in the special conditions, this warranty shall remain valid for 360 days after the supplies or any portion thereof, as the case may be, have been delivered and commissioned at the final destination indicated in the contract, or for 540 days after the date of shipment from the port of loading in the country of origin, whichever period ends earlier. The obligation to maintain the supplies shall be subject to any stipulations in the special conditions and specifications which shall determine the period and conditions thereof. 40. 3. The supplier shall be responsible for making good any defect in or damage to any part of the supplies which may appear or occur during the warranty period, or within 30 days after its expiration and which arise either:\n\n\n\n\n\n\n(a)\n\n\nfrom the use of defective materials, faulty workmanship or design of the supplier; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfrom any act or omission of the supplier during the warranty period; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nin the course of an inspection made by, or on behalf of, the contracting authority. 40. 4. The supplier shall at his own cost make good the defect or damage as soon as practicable. The warranty period for all items replaced or repaired shall recommence from the date when the replacement or repair was made to the satisfaction of the supervisor. If the contract provides for partial acceptance, the warranty period shall be extended only for the part of the supplies affected by the replacement or repair. 40. 5. If any such defects appear or such damage occurs during the period referred to in Article 40. 3, the contracting authority or the supervisor shall notify the supplier. If the supplier fails to remedy a defect or damage within the time limit stipulated in the notification, the contracting authority may:\n\n\n\n\n\n\n(a)\n\n\nremedy the defect or the damage itself, or employ someone else to carry out the work at the supplier's risk and cost, in which case the costs incurred by the contracting authority shall be deducted from monies due to or from guarantees held against the supplier or from both; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nterminate the contract. 40. 6. In case of emergency where the supplier cannot be reached immediately or, having been reached, is unable to take the measures required, the contracting authority or the supervisor may have the work carried out at the expense of the supplier. The contracting authority or the supervisor shall as soon as practicable inform the supplier of the action taken. Article 41\nAfter sales service\nAn after sales service, if required by the contract, shall be provided in accordance with the details stipulated in the special conditions. The supplier shall undertake to carry out or have carried out the maintenance and repair of supplies and to provide a rapid supply of spare parts. The special conditions may specify that the supplier shall be required to provide any or all of the following materials, notifications and documents pertaining to spare parts manufactured or distributed by the supplier:\n\n\n\n\n\n\n(a)\n\n\nsuch spare parts as the contracting authority may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the event of termination of production of the spare parts advance notification to the contracting authority to procure needed requirements; and following such termination, furnishing at no cost to the contracting authority, the blueprints, drawings and specifications of the spare parts, if and when requested. Article 42\nFinal acceptance\n42. 1. Upon the expiration of the warranty period or where there is more than one such period, upon the expiration of the latest period and when all defects or damage have been rectified, the supervisor shall issue to the supplier a final acceptance certificate and a copy thereof to the contracting authority stating the date on which the supplier completed his obligations under the contract to the supervisor's satisfaction. The final acceptance certificate shall be given by the supervisor within 30 days; after the expiration of the warranty period, or as soon thereafter as any rectifications instructed, pursuant to Article 40, have been completed to the satisfaction of the supervisor. 42. 2. The contract shall not be considered to be fully executed until the final acceptance certificate has been signed by the supervisor and delivered to the contracting authority, with a copy to the contractor. 42. 3. Notwithstanding the issue of the final acceptance certificate, the supplier and the contracting authority shall remain liable for the fulfilment of any obligation incurred under the contract prior to the issue of the final acceptance certificate, which remains unperformed at the time such final acceptance certificate is issued. The nature and extent of any such obligation shall be determined by reference to the provisions of the contract. BREACH OF CONTRACT AND TERMINATION\n\nArticle 43\nBreach of contract\n43. 1. Either party commits a breach of contract where he fails to discharge any of his obligations under the contract. 43. 2. Where a breach of contract occurs, the party injured by the breach shall be entitled to the following remedies:\n\n\n\n\n\n\n(a)\n\n\ndamages; and/or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ntermination of the contract. 43. 3. Damages may be:\n\n\n\n\n\n\n(a)\n\n\ngeneral damages; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nliquidated damages. 43. 4. In any case where the contracting authority is entitled to damages, it may deduct such damages from any sums due to the supplier or from the appropriate guarantee. Article 44\nTermination by the contracting authority\n44. 1. The contracting authority may, at any time and with immediate effect, terminate the contract, except as provided for in Article 44. 2. 44. 2. Except as otherwise provided in these general conditions, the contracting authority may, after giving seven days notice to the supplier, terminate the contract in any of the following cases where:\n\n\n\n\n\n\n(a)\n\n\nthe supplier fails to provide the supplies in strict accordance with the provisions of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe supplier fails to comply within a reasonable time with a notice given by the supervisor requiring him to make good any neglect or failure to perform his obligations under the contract which seriously affect the proper and timely performance of the contract;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe supplier refuses or neglects to carry out administrative orders given by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe supplier assigns the contract or subcontracts without the authorization of the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe supplier becomes bankrupt or insolvent, or has a receiving order made against him, or compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors, or goes into liquidation;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nany adverse final judgment is made in respect of an offence relating to the professional conduct of the supplier;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nany other legal disability hindering performance of the contract occurs;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nany organizational modification occurs involving a change in the legal personality, nature or control of the supplier, unless such modification is recorded in an endorsement to the contract;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\nthe supplier fails to provide the required guarantee or insurance, or if the person providing the earlier guarantee or insurance is not able to abide by his commitments. 44. 3. Termination shall be without prejudice to any other rights or powers under the contract of the contracting authority and the supplier. The contracting authority may, thereafter, conclude any other contract with a third party for the account of the supplier. The supplier's liability for delay in completion shall immediately cease upon termination without prejudice to any liability thereunder that may have already occurred. 44. 4. The supervisor shall, upon the issue of the notice of termination of the contract, instruct the supplier to take immediate steps to bring the execution of the supplies to a close in a prompt and orderly manner and to reduce expenditure to a minimum. 44. 5. The supervisor shall, as soon as possible after termination, certify the value of the supplies and all sums due to the supplier as at the date of termination. 44. 6. In the event of termination:\n\n\n\n\n\n\n(a)\n\n\nthe supplier or his representatives being present or duly summoned, a report of supplies delivered and the work performed shall be drawn up by the supervisor as soon as possible, and inventories taken of the materials supplied and unused. A statement shall also be drawn up of sums owed by the supplier to the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe contracting authority may purchase, at market prices, the materials and items supplied or ordered by the supplier and not already paid for by the contracting authority on such conditions as the supervisor considers appropriate. 44. 7. The contracting authority shall not be obliged to make any further payments to the supplier until the supplies are completed, whereupon the contracting authority shall be entitled to recover from the supplier the extra costs, if any, of providing the supplies, or shall pay any balance due to the supplier prior to termination of the contract. 44. 8. If the contracting authority terminates the contract, it shall be entitled to recover from the supplier any loss it has suffered up to the maximum amount stated in the contract. If no maximum amount is stated, the contracting authority shall not be entitled to recover more than the part of the contract price corresponding to the value of that part of the supplies which cannot, by reason of the supplier's failure, be put to the intended use. 44. 9. Where the termination is not due to an act or omission of the supplier, the latter shall be entitled to claim, in addition to sums owing to him for work already performed, an indemnity for loss suffered. Article 45\nTermination by the supplier\n45. 1. The supplier may, giving 14 days notice to the contracting authority, terminate the contract if the contracting authority:\n\n\n\n\n\n\n(a)\n\n\nfails to pay the supplier the amounts due under any certificate issued by the supervisor after the expiry of the time limit stated in Article 35. 2;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nconsistently fails to meet his obligations after repeated reminders; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nsuspends the progress of the delivery of the supplies, or any part thereof, for more than 180 days, for reasons not specified in the contract, or not due to the supplier's default;\n\n\n\n\n45. 2. Such termination shall be without prejudice to any other rights of the contracting authority or the supplier acquired under the contract. 45. 3. In the event of such termination, the contracting authority shall pay the supplier for any loss or damage the supplier may have suffered. Such additional payment shall not exceed a limit which has to be specified in the contract. Article 46\nForce majeure\n46. 1. Neither party shall be considered to be in default or in breach of his obligations under the contract if the performance of such obligations is prevented by any circumstances of force majeure which arises after the date of notification of award or the date when the contract becomes effective, whichever is the earlier. 46. 2. The term force majeure as used herein shall mean acts of God, strikes, lock-outs or other industrial disturbances, acts of the public enemy, wars whether declared or not, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, civil disturbances, explosions, and any other similar unforeseeable events, not within the control of either party and which by the exercise of due diligence neither party is able to overcome. 46. 3. Notwithstanding the provisions of Articles 21 and 44, the supplier shall not be liable to forfeiture of his performance guarantee, liquidated damages or termination for default if, and to the extent that, his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure. The contracting authority shall similarly not be liable, notwithstanding the provisions of Articles 35 and 45, to payment of interest on delayed payments, for non-performance or for termination by the supplier for default, if, and to the extent that, the contracting authority's delay or other failure to perform its obligations is the result of force majeure. 46. 4. If either party considers that any circumstances of force majeure have occurred which may affect performance of his obligations, he shall promptly notify the other party and the supervisor, giving details of the nature, the probable duration and the likely effect of the circumstances. Unless otherwise directed by the supervisor in writing, the supplier shall continue to perform his obligations under the contract as far as is reasonably practicable, and shall seek all reasonable alternative means for performance of his obligations which are not prevented by the force majeure event. The supplier shall not put into effect such alternative means unless directed so to do by the supervisor. 46. 5. If the supplier incurs additional costs in complying with the supervisor's directions or using alternative means under Article 46. 4 the amount thereof shall be certified by the supervisor. 46. 6. If circumstances of force majeure have occurred and continue for a period of 180 days then, notwithstanding any extension of time for completion of the contract that the supplier may by reason thereof have been granted, either party shall be entitled to serve upon the other 30 days' notice to terminate the contract. If at the expiry of the period of 30 days, force majeure still continues, the contract shall terminate and, in consequence thereof under the law governing the contract, the parties shall be released from further performance of the contract. Article 47\nDecease\n47. 1. Where the supplier is a natural person, the contract shall be automatically terminated if that person dies. However, the contracting authority shall examine any proposal made by the heirs or beneficiaries if they have notified their wish to continue the contract. The decision of the contracting authority shall be notified to those concerned within 30 days of receipt of such proposal. 47. 2. Where the supplier consists of natural persons and one or more of them die, a report shall be agreed between the parties on the progress of the contract and the contracting authority shall decide whether to terminate or continue the contract in accordance with the undertaking given by the survivors and by the heirs or beneficiaries, as the case may be. 47. 3. In the cases provided for in Article 47. 1 and 47. 2 persons offering to continue to perform the contract shall notify the contracting authority thereof within 15 days of the date of decease. 47. 4. Such persons shall be jointly and severally liable, or as otherwise stated in the special conditions for the proper performance of the contract to the same extent as the original supplier. Continuation of the contract shall be subject to the rules relating to establishment of the guarantee provided for in Article 11. SETTLEMENT OF DISPUTES\n\nArticle 48\nSettlement of disputes\n48. 1. The contracting authority and the supplier shall make every effort to amicably settle any dispute relating to the contract which may arise between them, or between the supervisor and the supplier. 48. 2. The special conditions shall prescribe:\n\n\n\n\n\n\n(a)\n\n\nthe procedure for the amicable settlement of disputes;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe time limits within which the amicable settlement procedure may be invoked after the time that the dispute is notified to the other party and the maximum time limit within which such settlement may be reached, which may not exceed 120 days from the commencement of the adopted procedure;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe time limits for responding in writing to a request for amicable settlement or to other requests permitted during the course of that procedure and the consequences of failure to comply with those time limits. 48. 3. The parties may agree to the settlement of the dispute by conciliation within a specific time limit by a third party after the amicable settlement procedure adopted has failed. 48. 4. The amicable settlement or conciliation procedure adopted shall in all cases involve a procedure in which complaints and responses are notified to the other party. 48. 5. In the absence of an amicable settlement or settlement by conciliation within the maximum time limits specified, the dispute shall:\n\n\n\n\n\n\n(a)\n\n\nin the case of a national contract, be settled in accordance with the national legislation of the State of the contracting authority; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the case of a transnational contract, be settled by arbitration in accordance with the procedural rules adopted by the EEC Council. ANNEX IV\nGENERAL CONDITIONS FOR SERVICE CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT\nCONTENTS\n\nPRELIMINARY PROVISIONS\n\n\n\n\n\n\n\nArticle 1 \u2014\n\nDefinitions\n\n\n\n\n\n\n\n\n\nArticle 2 \u2014\n\nLaw and language of the contract\n\n\n\n\n\n\n\n\n\nArticle 3 \u2014\n\nOrder of precedence of contract documents\n\n\n\n\n\n\n\n\n\nArticle 4 \u2014\n\nNotices and written communications\n\n\n\n\n\n\n\n\n\nArticle 5 \u2014\n\nSupervisor and supervisor's representative\n\n\n\n\n\n\n\n\n\nArticle 6 \u2014\n\nAssignment\n\n\n\n\n\n\n\n\n\nArticle 7 \u2014\n\nSubcontracting\n\n\n\n\nOBLIGATIONS OF THE CONTRACTING AUTHORITY\n\n\n\n\n\n\n\nArticle 8 \u2014\n\nSupply of information\n\n\n\n\n\n\n\n\n\nArticle 9 \u2014\n\nAssistance with local regulations\n\n\n\n\nOBLIGATIONS OF THE CONSULTANT\n\n\n\n\n\n\n\nArticle 10 \u2014\n\nGeneral obligations\n\n\n\n\n\n\n\n\n\nArticle 11 \u2014\n\nCode of conduct\n\n\n\n\n\n\n\n\n\nArticle 12 \u2014\n\nIndependence\n\n\n\n\n\n\n\n\n\nArticle 13 \u2014\n\nSpecifications and designs\n\n\n\n\n\n\n\n\n\nArticle 14 \u2014\n\nIndemnification\n\n\n\n\n\n\n\n\n\nArticle 15 \u2014\n\nMedical and insurance arrangements\n\n\n\n\n\n\n\n\n\nArticle 16 \u2014\n\nProprietary rights in reports and documents\n\n\n\n\nNATURE OF THE SERVICES\n\n\n\n\n\n\n\nArticle 17 \u2014\n\nThe scope of the services\n\n\n\n\n\n\n\n\n\nArticle 18 \u2014\n\nProvision of personnel\n\n\n\n\n\n\n\n\n\nArticle 19 \u2014\n\nStaff and equipment\n\n\n\n\n\n\n\n\n\nArticle 20 \u2014\n\nTrainees\n\n\n\n\nPERFORMANCE OF THE CONTRACT\n\n\n\n\n\n\n\nArticle 21 \u2014\n\nCommencement orders\n\n\n\n\n\n\n\n\n\nArticle 22 \u2014\n\nPeriod of performance\n\n\n\n\n\n\n\n\n\nArticle 23 \u2014\n\nExtension of period of performance\n\n\n\n\n\n\n\n\n\nArticle 24 \u2014\n\nDelays in performance\n\n\n\n\n\n\n\n\n\nArticle 25 \u2014\n\nSuspension\n\n\n\n\n\n\n\n\n\nArticle 26 \u2014\n\nVariations\n\n\n\n\n\n\n\n\n\nArticle 27 \u2014\n\nWorking hours\n\n\n\n\n\n\n\n\n\nArticle 28 \u2014\n\nLeave entitlement\n\n\n\n\n\n\n\n\n\nArticle 29 \u2014\n\nInformation\n\n\n\n\n\n\n\n\n\nArticle 30 \u2014\n\nRecords\n\n\n\n\n\n\n\n\n\nArticle 31 \u2014\n\nSubmission of reports\n\n\n\n\n\n\n\n\n\nArticle 32 \u2014\n\nApproval of reports and documents\n\n\n\n\nPAYMENTS\n\n\n\n\n\n\n\nArticle 33 \u2014\n\nGeneral provisions\n\n\n\n\n\n\n\n\n\nArticle 34 \u2014\n\nAdvances\n\n\n\n\n\n\n\n\n\nArticle 35 \u2014\n\nPayment procedure\n\n\n\n\n\n\n\n\n\nArticle 36 \u2014\n\nTravel and transport\n\n\n\n\n\n\n\n\n\nArticle 37 \u2014\n\nRevision of prices\n\n\n\n\n\n\n\n\n\nArticle 38 \u2014\n\nDelayed payments\n\n\n\n\n\n\n\n\n\nArticle 39 \u2014\n\nPayment to third parties\n\n\n\n\nBREACH OF CONTRACT AND TERMINATION\n\n\n\n\n\n\n\nArticle 40 \u2014\n\nBreach of contract\n\n\n\n\n\n\n\n\n\nArticle 41 \u2014\n\nTermination by the contracting authority\n\n\n\n\n\n\n\n\n\nArticle 42 \u2014\n\nTermination by the consultant\n\n\n\n\n\n\n\n\n\nArticle 43 \u2014\n\n\nForce majeure\n\n\n\n\n\n\n\n\n\n\nArticle 44 \u2014\n\nDecease\n\n\n\n\nSETTLEMENT OF DISPUTES\n\n\n\n\n\n\n\nArticle 45 \u2014\n\nSettlement of disputes\n\n\n\n\nPRELIMINARY PROVISIONS\n\nArticle 1\nDefinitions\n1. 1. The following definitions apply to these general conditions and to the contract:\n\n\n\n\n\n\n\u00a0\n\n\n\nEEC: the European Economic Community,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nOCT: the association of the overseas countries and territories with the EEC,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontract: the signed agreement entered into by the parties for the performance of the services, including all attachments thereto and all documents incorporated therein,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nconsultant: the party with whom the contracting authority concludes the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontracting authority: the State or the legal person governed by public or private law which concludes the contract, or on behalf of which the contract is concluded, with the consultant,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nthe State of the contracting authority: the OCT on whose territory the service contract is to be executed,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupervisor: the government department, legal person governed by public law or the natural or legal person designated by the contracting authority in accordance with the law of the State of the contracting authority, who is responsible for directing and/or monitoring the execution of the service contract, or to whom the contracting authority may delegate rights and/or powers under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nsupervisor's representative: any natural or legal person, designated by the supervisor as such under the contract, and empowered to represent the supervisor in the performance of his functions, and in exercising such rights and/or powers as have been delegated to him. Accordingly, where functions, rights and /or powers of the supervisor have been delegated to the supervisor's representative, references to the supervisor include the supervisor's representative,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nservices: tasks to be performed by the consultant under the contract such as studies, designs, provisions of technical assistance and training,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nterms of reference: the statement issued by the contracting authority giving the definition of his requirements and/or the objectives of the services, including, where applicable, the methods and means to be used by the consultant and/or the results to be achieved by him,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nday: calendar day,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ntime limits: those periods in the contract which shall begin to run from the day following the act or event which serves as the starting point for those periods. Should the last day of the period fall upon a non-working day, the period shall expire at the end of the first working day dollowing the last day of the period,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontract price: the sum stated in the contract representing the initial estimate payable for the provision of the services or such other sum as ascertained at the end of the contract as due to the consultant under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nproject: the project in relation to which the services are to be provided under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nprice schedule: the completed schedule of prices, including the breakdown of the overall price submitted by the consultant with his tender, midified as necessary, and forming a part of the unit price contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nbreakdown of the overall price: the itemized list of rates and prices showing the build-up of the price in a lump sum contract, but not forming part of the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ndrawings: drawings provided by the contracting authority and/or the supervisor, and/or drawings provided by the consultant and approved by the supervisor, for the performance of the services,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nwriting: any handwritten, typewritten or printed communication, including telex, cable and facsimile transmission,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nadministrative order: any instruction or order issued by the supervisor to the consultant in writing regarding the performance of the services,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncommunications: certificates, notices, orders and instructions issued under the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nnational currency: the currency of the State of the contracting authority,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nforeign currency: any permissible currency which is not the national currency and which is indicated in the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ngeneral damages: the sum, not stated beforehand in the contract, which is awarded by a court or arbitration tribunal, or agreed between the parties, as compensation payable to an injured party for a breach of the contract by the other party,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nliquidated damages: the sum stated in the contract as compensation payable by the consultant to the contracting authority for failure to perform the contract or part thereof within the periods under the contract, or as payable by either party to the other for any other specific breach identified in the contract,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nspecial conditions: the special conditions issued by the contracting authority as part of the invitation to tender, as amended where necessary, and incorporated into the contract, consisting of:\n\n\n\n\n\n\n(a)\n\n\namendments to these general conditions;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nspecial contractual clauses;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ntechnical specifications; and\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nany other matter related to the contract. 1. 2. The headings and titles in these general conditions shall not be taken as part thereof or be taken into consideration in the interpretation of the contract. 1. 3. Where the context so permits words importing the singular shall be deemed to include the plural and vice versa and words importing the masculine shall be deemed to include the feminine and vice versa. 1. 4. Words importing persons or parties shall include firms and companies and any organization having legal capacity. Article 2\nLaw and language of the contract\n2. 1. The law of the contract shall be the law of the State of the contracting authority unless otherwise stated in the special conditions. 2. 2. In all matters which are not covered by these general conditions, the law of the contract shall apply. 2. 3. The language of the contract and of all communications between the consultant, contracting authority and supervisor or their representatives shall be as stated in the special conditions. All reports, recommendations and dossiers prepared by the consultant under the contract shall also be in the language stated in the special conditions. Article 3\nOrder of precedence of contract documents\nUnless otherwise stipulated in the contract, the order of precedence of the contract documents shall be as stated in the special conditions. Article 4\nNotices and written communications\n4. 1. Unless otherwise specified in the special conditions, communications between the contracting authority and/or the supervisor on the one hand, and the consultant on the other hand, shall be sent by post, cable, telex, facsimile transmission or personal delivery, to the appropriate addresses designated by those parties for that purpose. 4. 2. If the sender requires evidence of receipt, he shall state such requirement in his communication and, whenever there is a deadline for the receipt of the communication, he shall demand evidence of receipt of his communication. In any event, the sender shall take all the necessary measures to ensure receipt of the communication. 4. 3. Wherever in the contract provision is made for the giving or issue of any notice, consent, approval, certificate or decision by any person, unless otherwise specified, such notice, consent, approval, certificate or decision shall be in writing and the words \u2018notify\u2019\u2018certify\u2019, \u2018approve\u2019 or \u2018decide\u2019 shall be construed accordingly Any such consent, approval, certificate or decision shall not unreasonably be withheld or delayed. Article 5\nSupervisor and supervisor's representative\n5. 1. The supervisor shall carry out the duties specified in the contract. Except as expressly stated in the contract, the supervisor shall not have authority to relieve the consultant of any of his obligations under the contract. 5. 2. The supervisor may, from time to time, while retaining ultimate responsibility, delegate to the supervisor's representative any of the duties and authority vested in the supervisor and he may at any time revoke such delegation or replace the representative. Any such delegation, revocation or replacement shall be in writing and shall not take effect until a copy thereof has been delivered to the consultant. 5. 3. Any communication given by the supervisor's representative to the consultant in accordance with the terms of such delegation shall have the same effect as though it had been given by the supervisor himself, provided that:\n\n\n\n\n\n\n(a)\n\n\nany failure on the part of the supervisor's representative to disapprove any report or part of the services shall not prejudice the authority of the supervisor to disapprove such report or services and to give the instructions necessary for the rectification thereof;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe supervisor shall be at liberty to reverse or vary the content of such communication. 5. 4. Instructions and /or orders issued by the supervisor shall be by way of administrative orders. Where applicable, such orders shall be dated, numbered and entered in a register, and copies thereof, delivered by hand, where appropriate, to the consultant's representative. Article 6\nAssignment\n6. 1. An assignment shall be valid only if it is a written agreement by which the consultant transfers his contract, or part of thereof to a third party. 6. 2. The consultant shall not, without the prior written consent of the contracting authority, assign the contract or any part thereof, or any benefit or interest thereunder, except in the following cases:\n\n\n\n\n\n\n(a)\n\n\nby a charge in favour of the consultant's bankers of any monies due or to become due under the contract; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nby assignment to the consultant's insurers of the consultant's right to obtain relief against any other person liable in cases where the insurers have discharged the consultant's loss or liability. 6. 3. For the purpose of Article 6. 2, the approval of an assignment by the contracting authority shall not relieve the consultant of his obligations for the part of the contract already performed or the part not assigned. 6. 4. If the consultant has assigned his contract without authorization, the contracting authority may, without giving formal notice thereof, apply as of right the sanctions for breach of contract provided for in Articles 40 and 41. 6. 5. Assignees must satisfy the eligibility criteria applicable for the award of the contract. Article 7\nSubcontracting\n7. 1. A subcontract shall be valid only if it is a written agreement by which the consultant entrusts performance of a part of his contract to a third party. 7. 2. The consultant shall not subcontract to nor engage another independent consultant to perform any part of the services without the prior written authorization of the contracting authority. The services to be subcontracted and the identity of the independent consultant shall be notified to the contracting authority. The contracting authority shall, with due regard to the provisions of Article 4. 3, within 30 days of receipt of the notification, notify the consultant of his decision, stating reasons, should he withhold such authorization. 7. 3. In the selection of subcontractors and/or other independent consultants, preference shall be given to natural persons, companies or firms of the State of the contracting authority capable of providing the services required on equivalent terms. 7. 4. Subcontractors and/or independent consultants must satisfy the eligibility criteria applicable for the award of the contract. 7. 5. The contracting authority shall have no contractual relations with the subcontractors and/or independent consultants. 7. 6. The consultant shall be responsible for the acts, defaults and negligence of his subcontractors and/or other independent consultants and their agents or employees, as. if they were the acts, defaults or negligence of the consultant, his agents or employees. The approval by the contracting authority of the subcontracting of any part of the contract or of the engagement by the consultant of other independent consultants or subcontractors to perform any part of the services shall not relieve the consultant of any of his obligations under the contract. 7. 7. If a subcontractor or independent consultant is found by the contracting authority or the supervisor to be incompetent in discharging his duties, the contracting authority or the supervisor may request the consultant forthwith, either to provide an independent consultant or subcontractor with qualifications and experience acceptable to the contracting authority as a replacement, or to resume the performance of the services himself. 7. 8. If the consultant enters into a subcontract or engages another independent consultant without prior approval, the contracting authority may, without giving formal notice thereof, apply as of right the sanctions for breach of contract provided for in Articles 40 and 41. OBLIGATIONS OF THE CONTRACTING AUTHORITY\n\nArticle 8\nSupply of information\n8. 1. The contracting authority shall supply the consultant as soon as possible with any information and/or documentation at its disposal which may be relevant to the performance of the contract. Such documents shall be returned to the contracting authority at the completion of the services. 8. 2. The contracting authority shall as far as possible provide the consultant with any assistance in obtaining information relevant to the contract that the latter may reasonably request in order to perform the contract. Article 9\nAssistance with local regulations\n9. 1. The consultant may request the assistance of the contracting authority in obtaining copies of laws, regulations, and information on local customs, orders or by-laws of the country where the services are to be performed, which may affect the consultant in the performance of his obligations under the contract. The contracting authority may provide the assistance requested to the consultant at the consultant's cost. 9. 2. Subject to the provisions of the laws and regulations on foreign labour of the State in which the services are to be performed, the contracting authority shall make all efforts necessary to facilitate the procurement by the consultant of all required visas and permits, including work and residence permits, for the personnel whose services the consultant and the contracting authority consider necessary as well as residence permits for their families. 9. 3. The contracting authority shall issue to its officials, agents and representatives all such instructions as may be necessary or appropriate to facilitate the prompt and effective implementation of the services. OBLIGATIONS OF THE CONSULTANT\n\nArticle 10\nGeneral obligations\n10. 1. The consultant shall respect and abide by all laws and regulations in force in the State of the contracting authority and shall ensure that his personnel, their dependents, and his local employees also respect and abide by all such laws and regulations. The consultant shall indemnify the contracting authority against any claims and proceedings arising from any infringement by the consultant, his employees and the dependents of such laws and regulations. 10. 2. The consultant shall perform the services with due care, efficiency and diligence, in accordance with the best professional practices and in compliance with these general conditions, the terms of reference and the instructions of the supervisor. 10. 3. The consultant shall comply with administrative orders given by the supervisor. Where the consultant considers that the requirements of an administrative order go beyond the authority of the supervisor or of the scope of the contract, he shall, on pain of being time-barred, give notice, with reasons, to the supervisor within 30 days after receipt thereof. Execution of the administrative order shall not be suspended because of this notice. 10. 4. If the consultant or any of his subcontractors, independent consultants, agents or servants offers to give or agrees to offer or to give or gives to any person, any bribe, gift, gratuity or commission as an inducement or reward for doing or forbearing to do any act in relation to the contract or any other contract with the contracting authority, or for showing favour or disfavour to any person in relation to the contract or any other contract with the contracting authority, then the contracting authority may, without prejudice to any accrued rights of the consultant under the contract, terminate the contract, in which case the provisions of Articles 40 and 41 shall apply. 10. 5. The consultant shall treat all documents and information received in connection with the contract as private and confidential, and shall not, save in so far as may be necessary for the purposes of the performance thereof, publish or disclose any particulars of the contract without the prior consent in writing of the contracting authority or the supervisor after consultation with the contracting authority. If any disagreement arises as to the necessity for any publication or disclosure for the purpose of the contract, the decision of the contracting authority shall be final. 10. 6. If the consultant is a joint venture or consortium of two or more persons, all such persons shall be jointly and severally bound to fulfil the terms of the contract according to the law of the State of the contracting authority and shall, at the request of the contracting authority, designate one of such persons to act as leader with authority to bind the joint venture or consortium. The composition or the constitution of the joint venture or consortium shall not be altered without the prior consent in writing of the contracting authority. Article 11\nCode of conduct\n11. 1. The consultant shall at all times act loyally and impartially and as a faithful adviser to the contracting authority in accordance with the rules and/or code of conduct of his profession as well as with appropriate discretion. He shall, in particular, refrain from making any public statements concerning the project or the services without the prior approval of the contracting authority, and from engaging in any activity which conflicts with his obligations towards the contracting authority under the contract. He shall not commit the contracting authority in any way whatsoever without its prior consent in writing, and shall, where appropriate, make this obligation clear to third parties. 11. 2. For the duration of the contract, the consultant and his employees shall respect the political, cultural and religious practices prevailing in the State of the contracting authority. 11. 3. The remuneration of the consultant under the contract shall constitute his only remuneration in connection with the contract and neither he nor his personnel shall accept any commission, discount, allowance, indirect payment or other consideration in connection with, or in relation to, or in discharge of, his obligations under the contract. 11. 4. The consultant shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity or commission in respect of any patented or protected article or process used in or for the purposes of the contract or the project, unless it is agreed by the contracting authority in writing that he may. 11. 5. The consultant and his staff shall maintain professional secrecy, for the duration of the contract and after completion thereof. In this connection, except with the prior written consent of the contracting authority, neither the consultant nor the personnel employed or engaged by him shall at any time communicate to any person or entity any confidential information disclosed to them or discovered by them, or make public any information as to the recommendations formulated in the course of or as a result of the services. Furthermore, they shall not make any use prejudicial to the contracting authority, of information supplied to them and of the results of studies, tests and research carried out in the course and for the purpose of performing the contract. Article 12\nIndependence\n12. 1. The consultant shall refrain from any relationship which would compromise his independence or that of his staff. If the consultant fails to maintain such independence, the contracting authority may, without prejudice to compensation for any damage which he may have suffered on this account, terminate the contract forthwith, without giving formal notice thereof. 12. 2. The consultant shall after the conclusion or termination of the contract, limit his role in connection with the project to the provision of the services. Except with the written permission of the contracting authority, the consultant and any other contractor, consultant or supplier with whom the consultant is associated or affiliated shall be disqualified from the execution of works, supplies or other services for the project in any capacity, including tendering for any part of the project. Article 13\nSpecifications and designs\n13. 1. The consultant shall prepare all specifications and designs using accepted and generally recognized systems acceptable to the contracting authority and taking into account the latest design criteria. 13. 2. The consultant shall ensure that the specifications and designs and all documentation relating to procurement of goods and services for the project are prepared on a impartial basis so as to promote competitive tendering. Article 14\nIndemnification\n14. 1. The consultant shall indemnify, protect and defend, at his expense, the contracting authority, its agents and employees, from and against all actions, claims, losses or damage arising from any act or omission by the consultant in the performance of the services, including any violation of any legal provisions, or rights of third parties, in respect of patents, trade marks and other forms of intellectual property such as copyrights. 14. 2. The consultant shall indemnify, protect and defend, at his expense, the contracting authority, its agents and employees, from and against all actions, claims, losses or damages arising out of the consultant's failure to perform his obligations under Article 10 provided that:\n\n\n\n\n\n\n(a)\n\n\nthe consultant is notified of such actions, claims, losses or damages not later than 30 days after the contracting authority becomes aware of them;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe ceiling on the consultant's liability under Article 14 shall be limited to the amount stated in the special conditions, and that such ceiling shall not apply to actions, claims, losses or damages caused by the consultant's wilful misconduct;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe consultant's liability under Article 14 shall be limited to actions, claims, losses or damages directly caused by such failure to perform his obligations under the contract and shall not include liability arising from unforeseeable occurrences incidental or indirectly consequential to such failure. 14. 3. The consultant shall, at his expense, upon request of the contracting authority, remedy any defect in the performance of the services in the event of the consultant's failure to perform his obligation under the contract. 14. 4. Notwithstanding any contrary provisions in Article 14, the consultant shall have no liability whatsoever for actions, claims, losses or damages occasioned by:\n\n\n\n\n\n\n(a)\n\n\nthe contracting authority omitting to act on any recommendation, or overriding any act, decision or recommendation, of the consultant, or requiring the consultant to implement a decision or recommendation with which the consultant disagrees or on which he expresses a serious reservation; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe improper execution of the consultant's instructions by agents, employees or independent contractors of the contracting authority. 14. 5. The consultant shall remain responsible for any breach of his obligations under the contract for such period after the services have been completed as may be determined by the law of the contract. Article 15\nMedical and insurance arrangements\n15. 1. The engagement by the contracting authority of the consultant shall be conditional upon the provision of evidence satisfactory to the contracting authority that the consultant and/or his personnel are in good health and are not subject to any disability which may interfere with the performance of the services. The contracting authority may request the consultant and/or his personnel performing the services to undergo a medical examination by a qualified medical practitioner before leaving his or their usual place of residence and shall as soon as is practicable furnish the contracting authority with the medical report resulting therefrom. 15. 2. For the duration of the contract, the consultant shall obtain medical insurance for himself and other persons employed by him under the contract. Except as may be specified in the contract, the contracting authority shall be under no liability in respect of the medical expenses of the consultant. 15. 3. The contracting authority shall undertake no responsibility in respect of any life, health, accident, travel and other insurance which may be necessary or desirable for the personnel of the consultant or of his subcontractors or other independent consultants for the purposes of the services, nor for any members of the families of such persons. 15. 4. Within 20 days of notification of approval of the contract the consultant shall take out and maintain a full indemnity insurance policy in a sum up to the limit stated in the special conditions and covering, from the start of performance of the contract and throughout its duration, the following aspects:\n\n\n\n\n\n\n(a)\n\n\nthe consultant's liability in respect of sickness or industrial accident affecting his employees, including the cost of repatriation on health grounds;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nloss of, or damage to, the contracting authority's equipment used to perform the contract;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ncivil liability in the event of accidents caused to third parties or to the contracting authority and any employee of that authority arising out of the performance of the contract;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\naccidental death or permanent disability resulting from bodily injury incurred during the contract; and\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nsuch other insurance as may be specified in the special conditions as required by the laws of the State of the contracting authority. 15. 5. The special conditions may also require the consultant to insure against loss or damage to the personal effects of his employees and their families located in the State of the contracting authority. 15. 6. The consultant shall furnish proof of the insurance policy and of regular payment of premiums without delay whenever required to do so by the contracting authority or the supervisor. Article 16\nProprietary rights in reports and documents\n16. 1. All reports and data such as maps, diagrams, drawings, specifications, plans, statistics, calculations and supporting records or materials acquired, compiled or prepared by the consultant in the performance of the contract shall be confidential and shall be the absolute property of the contracting authority. The consultant shall, upon completion of the contract, deliver all such documents and data to the contracting authority. The consultant may retain copies of such documents and data, but shall not use them for purposes unrelated to his contract without prior written approval of the contracting authority. 16. 2. The consultant shall not publish articles relating to the services or refer to them when carrying out any services for others, or divulge information obtained from the contracting authority, without the written consent of the contracting authority. NATURE OF THE SERVICES\n\nArticle 17\nThe scope of the services\n17. 1. The consultant shall perform the services under the contract in accordance with the terms of reference. 17. 2. The contract may consist of one or more of the following missions:\n\n\n\n\n\n\n\u2014\n\n\nproject identification and definition study,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\neconomic or market study,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\npre-feasibility and/or feasibility study,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nproject execution study (preliminary or detailed design, and where appropriate final design for execution, preparation of tender dossier),\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nsupervision of the project,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmanagement of the execution of the project,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nprovision of personnel,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nother froms of technical assistance. 17. 3. The special conditions shall state the terms of reference, which shall include, inter alia:\n\n\n\n\n\n\n\n(a)\n\n\nthe object and scope of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe degree of accuracy to be attained and the different stages or parts of the services; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe type and content of reports, statements, plans, calculations, measurements, specifications, estimates and any other document that the consultant is to draw up on completion of each phase or part of the study and on completion of the study itself. 17. 4. Where the contract is for technical assistance to the contracting authority and/or supervisor, the consultant is entrusted with an advisory function for the benefit of the contracting authority and/or supervisor in respect of all the technical aspects of the project which may arise out of its execution. The consultant shall not have decision-making responsibility. 17. 5. Where the contract is for management of the execution of the project, the consultant shall assume, in accordance with the laws of the State of the contracting authority and, subject to the supervisor's authority, all the duties of management inherent in supervising the execution of a project. 17. 6. If under the special conditions the consultant is required to prepare a tender dossier, the dossier shall contain all documents necessary for consulting suitable contractors, manufacturers and suppliers, and for preparing tenders with a view to carrying out the works or providing the supplies or services covered by an invitation to tender. The contracting authority shall provide the consultant with the information necessary for drawing up the administrative part of the tender dossier. 17. 7. Where the contract is for supervision of a project, the consultant is entrusted with the direction of the execution stage of the project. 17. 8. Notwithstanding Article 12. 2, the consultant responsible for the study and /or design stages of the project may be entrusted with further services in the management and supervision of the project including the provision of technical assistants. Article 18\nProvision of personnel\n18. 1. Where the contract is for the provision of personnel for the execution of a project, the consultant shall provide such personnel in specific fields relating to the execution of the project, in the form of technical assistance in an advisory and/or managerial role. Such personnel shall be under the direct authority of the supervisor. 18. 2. The services shall be carried out by the personnel specified in the contract for the periods of time indicated therein. The consultant may, with the prior approval of the contracting authority, make minor adjustments to such periods as may be appropriate to ensure the efficient performance of the services, provided that such adjustments will not cause payments made under the contract to exceed the contract price. 18. 3. The consultant shall be responsible for the quality of the staff which he places at the disposal of the contracting authority. 18. 4. The consultant shall not make changes in the personnel without the prior approval of the contracting authority. However, the consultant shall provide a replacement with at least equivalent qualifications and experience and acceptable to the contracting authority if:\n\n\n\n\n\n\n(a)\n\n\non account of sickness or accident, a member of staff is unable to continue providing his services;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nany person specified in the contract is found by the contracting authority to be incompetent in discharging or unsuitable for the performance of his duties under the contract;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nfor any other reasons beyond the control of the consultant, it becomes necessary to replace any of his personnel. 18. 5. The remuneration to be paid for a person provided as a replacement shall not exceed the remuneration which would have been payable to the person replaced. 18. 6. Except in the case of replacemenf resulting from death or where the contracting authority requests a replacement not provided for by the contract, the consultant shall bear all the additional costs arising out of or incidental to such replacement. Such costs shall include the costs of the return journey of the replaced member of staff and his family and, if necessary, the expenses arising from the need to maintain simultaneously at the place of work the member of staff to be replaced and his replacement. Article 19\nStaff and equipment\n19. 1. The staff which the consultant uses for the implementation of the contract shall be approved by the contracting authority. The special conditions shall specify the minimum level of training, qualifications and experience of the consultant's personnel and, where appropriate, the specializations required. 19. 2. References and/or curriculum vitae of each member of the consultant's staff to be employed under the contract shall be submitted to the contracting authority for approval either with the consultant's tender in the case of a tender procedure or, in other cases, before the conclusion of the contract. 19. 3. The contracting authority shall notify his approval or refusal within 30 days of the appointment of the consultant or the submission under Article 19. 2, as the case may be. 19. 4. Staff approved by the contracting authority shall commence their duties on the date or within the period laid down in the special conditions or, failing this, on the date or within the periods notified to the consultant by the contracting authority. 19. 5. Save as otherwise provided in the special conditions, the staff of the consultant shall reside close to their place of work. Where part of the services is to be performed outside the State of the contracting authority, the consultant shall keep the supervisor informed of the names and qualifications of staff assigned to that part of the services and of the equipment used. 19. 6. The consultant shall:\n\n\n\n\n\n\n(a)\n\n\nforward to the supervisor within 15 days of the award of the contract, the timetable proposed for placement of the staff, specification of their duties and a list of the equipment he intends to use for the services;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ninform the supervisor in sufficient time of the date of arrival and departure of each member of staff;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nsubmit to the supervisor for his approval a timely request for any change of staff and for any alteration to the original timetable or change of equipment. 19. 7. The consultant shall adopt all measures necessary to provide and continue to provide his staff with the equipment required to enable them to carry out their specified duties under conditions which are most conducive to efficiency. Article 20\nTrainees\n20. 1. The consultant shall provide training for the duration of the contract for trainees assigned to him by the contracting authority under the terms of the contract. 20. 2. Instruction by the consultant of such trainees shall not confer on them the status of employees of the consultant. However, they must comply with the consultant's instructions, and with the provisions of Article 11, as if they were employees of the consultant. The consultant may on reasoned request in writing obtain the replacement of any trainee whose work or conduct is unsatisfactory. 20. 3. Unless otherwise provided in the contract, remuneration for trainees and travel, accommodation and all other expenses incurred by the trainees, shall be borne by the contracting authority. 20. 4. The consultant shall report at quarterly intervals to the contracting authority on the training assignment. Immediately prior to the completion of the services, the consultant shall draw up a report on the result of the training and an assessment of the qualifications obtained by the trainees with a view to their future employment. The form of such reports and the procedure for presenting them shall be as laid down in the special conditions. PERFORMANCE OF THE CONTRACT\n\nArticle 21\nCommencement orders\n21. 1. The contracting authority shall fix the date on which performance of the contract is to commence, and advise the consultant either in the notification of award of contract or by administrative order issued by the supervisor. 21. 2. The date for commencing performance shall be not later than 180 days following notification of award of the contract unless agreed otherwise by the parties. 21. 3. Where provision is made for services to be performed outside the State of the contracting authority, the contract shall commence, insofar as such services are concerned, on the actual date of their performance, which shall not precede the date fixed by the contracting authority. Article 22\nPeriod of performance\n22. 1. The period of performance shall commence on the date fixed in accordance with Article 21. 1 and shall be as stated in the contract without prejudice to extensions of the period with may be granted under Article 23. 22. 2. If provision is made for separate periods of performance for separate lots, such periods shall not be aggregated in cases where one consultant is allocated more than one lot. 22. 3. If in the case of technical cooperation projects covering a number of years, the special conditions make provision for several contractual periods, the period of performance shall be fixed taking into consideration the provisions of Article 31 and the parties shall be bound only for the first period. Save where one of the parties wishes to terminate the contract on the expiry of a contract period, the contract shall be renewed by means of successive riders at the end of each period, specifying the measures to be taken by the consultant. The remuneration for the new period shall be fixed by the principles established in the contract. 22. 4. Any intention not to renew the contract for a further contractual period must be notified to the other party not later than 90 days prior to the expiry of the current contractual period. Article 23\nExtension of period of performance\n23. 1. The consultant may request an extension to the period of performance if he is or will be delayed in completing the contract by any of the following causes:\n\n\n\n\n\n\n(a)\n\n\nextra or additional services ordered by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nadministrative orders affecting the date of completion other than those arising from the consultant's default;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nfailure of the contracting authority to fulfil his obligations under the contract;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nany suspension of the services which is not due to the consultant's default;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\n\nforce majeure;\n\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nany other causes of delay referred to in these general conditions which are not due to the consultant's default. 23. 2. The consultant shall, within 15 days of becoming aware that delay may occur, notify the supervisor of his intention to make a request for extension of the period of performance to which he considers himself entitled and shall within 60 days thereafter, except where otherwise agreed between the consultant and supervisor, deliver to the supervisor full and detailed particulars of the request, in order that such request may be investigated at the time. 23. 3. The supervisor shall, by written notice to the consultant after due consultation with the contracting authority and, where appropriate, the consultant, grant such an extension of the period of performance as may be justified, either prospectively or retrospectively or inform the consultant that he is not entitled to an extension. Article 24\nDelays in performance\n24. 1. If the consultant does not perform the services within the period(s) of performance specified in the contract, the contracting authority shall, without formal notice and without prejudice to his other remedies under the contract, be entitled to liquidated damages for every day, or part thereof, which shall elapse between the end of the period specified for performance or extended period of performance under Article 23 and the actual date of completion, at the rate and up to the maximum amount specified in the special conditions. 24. 2. If the contracting authority has become entitled to the maximum claim under Article 24. 1 he may after giving notice to the consultant:\n\n\n\n\n\n\n(a)\n\n\nterminate the contract; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ncomplete the services at the consultant's cost. Article 25\nSuspension\n25. 1. The consultant shall, on the order of the supervisor, suspend the performance of the services or any part thereof for such time and in such manner as the supervisor may consider necessary. 25. 2. The supervisor, after consultation with the contracting authority and the consultant, shall determine such extension of the period of performance to be made to the consultant in respect of such claim as shall, in the opinion of the supervisor, be fair and reasonable. 25. 3. If the period of suspension exceeds 180 days and the suspension is not due to the consultant's default, the consultant may, by notice to the supervisor, request permission to resume performance of the services within 30 days or terminate the contract. Article 26\nVariations\n26. 1. The, supervisor shall have power, without changing the object or scope of the contract, to order any variation to any part of the services necessary for the proper completion of the services. Such variations may include additions, omissions, substitutions, changes in quality, quantity and changes in the specified sequence, method or timing of execution of the services. No order for a variation shall have the effect of invalidating the contract, but the financial effect, if any, of all such variations shall be valued in accordance with Articles 26. 5 and 26. 7. 26. 2. No variation shall be made except by administrative order, provided that:\n\n\n\n\n\n\n(a)\n\n\nif for any reason, the supervisor shall find it necessary to give an order orally, he shall as soon as possible thereafter confirm the order by an administrative order;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nif the consultant shall confirm in writing an oral order given for the purpose of Article 26. 2 (a) and the confirmation shall not be contradicted in writing forthwith by the supervisor, an administrative order shall be deemed to have been issued for the variation. 26. 3. Save as provided by Article 26. 2, prior to any administrative order for variation, the supervisor shall notify the consultant of the nature and form of such variation. As soon as possible, after receiving such notice, the consultant shall submit to the supervisor a proposal containing:\n\n\n\n\n\n\n(a)\n\n\na description of the service to be performed or the measures to be taken and a programme for execution; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nany necessary modifications to the programme of performance or to any of the consultant's obligations under the contract; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nany adjustment to the contract price in accordance with the rules as set out in Article 26. 26. 4. Following the receipt of the consultant's submission referred to in Article 26. 3, the supervisor shall, after due consultation with the contracting authority, and where appropriate the consultant, decide as soon as possible whether or not the variation shall be carried out. If the supervisor decides that the variation shall be carried out he shall issue the administrative order stating that the variation shall be carried out at the prices and under the conditions given in the consultant's submission referred to in Article 26. 3 or as modified by the supervisor in accordance with Article 26. 5. 26. 5. The prices for all variations ordered by the supervisor in accordance with Articles 26. 2 and 26. 4 shall be ascertained by the supervisor in accordance with the following principles:\n\n\n\n\n\n\n(a)\n\n\nwhere the task is of similar character and executed under similar conditions to an item priced in the price schedule it shall be valued at such rates and prices contained therein;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nwhere the task is not of a similar character or is not executed under similar conditions, the rates and prices in the contract shall be used as the basis for valuation so far as is reasonable, failing which, a fair valuation shall be made by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nif the nature or amount of any variation relative to the nature or amount of the whole of the contract or to any part thereof shall be such that in the opinion of the supervisor any rate or price contained in the contract for any task is by reason of such variation rendered unreasonable, then the supervisor shall fix such rate or price as in the circumstances he shall think reasonable and proper;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhere a variation is necessitated by default or breach of contract by the consultant, any additional cost attributable to such variation shall be borne by the consultant. 26. 6. On receipt of the administrative order requesting the variation, the consultant shall proceed to carry out the variation and be bound by these general conditions in so doing as if such variation were stated in the contract. The services shall not be delayed pending the granting of any extension of time for completion or adjustment to the contract price. Where the order for a variation precedes the adjustment to the contract price, the consultant shall keep records of the costs of undertaking the vartiation and of time expended thereon. Such records shall be open to inspection by the supervisor at all reasonable times. 26. 7. Where on provisional acceptance, an increase or reduction in the total value of the services required under the contract resulting from an administrative order, or from some other circumstance which is not caused by the consultant's default, exceeds 15 % of the contract price, the supervisor shall, after consultation with the contracting authority and the consultant determine any additions to or reduction from the contract price as a consequence of the application of Article 26. 5. The sum so determined shall be based on the amount by which the increase or decrease in value of the service exceeds 15 %. The sum shall be notified by the supervisor to the contracting authority and the consultant and the contract price adjusted accordingly. Article 27\nWorking hours\nThe days and hours of work of the consultant in the State of the contracting authority shall be fixed on the basis of the laws, regulations and customs of the State of the contracting authority and the requirements of the services. Article 28\nLeave entitlement\n28. 1. Where the contract provides for annual leave, the consultant shall, during the period of performance of the contract, be entitled to take annual leave on the terms laid out in Article 28. 28. 2. Entitlement to annual leave shall accrue at the rate stated in the contract. Such leave shall be allowable for every full period of six months and any part of a month thereafter during which the consultant is performing the services. Annual leave shall be taken during the period of performance of the contract at a time approved by the supervisor. 28. 3. Entitlement to annual leave shall not be commuted into cash, unless in the opinion of the supervisor the requirements of the services are such that annual leave cannot be taken during the period of performance of the contract. 28. 4. The consultant shall not be entitled to either sick or casual leave provided, however, that the supervisor may, at his sole discretion whether for compassionate reasons or otherwise, permit the consultant to take unpaid leave during the period of performance of the contract. Article 29\nInformation\nThe consultant shall furnish the supervisor with such information relating to the services and the project as the supervisor may at any time request. In this respect, periodic reports, whose subject matter and frequency shall be as laid down in the special conditions, shall be drawn up by the consultant. Implementation difficulties or technical omissions in the terms of reference shall form the subject of special reports. Article 30\nRecords\n30. 1. The consultant shall keep accurate and systematic records and accounts in respect of the services in such form and detail as is customary in the profession and as shall be sufficient to establish accurately that the costs and expenditures which are referred to in Article 35 have been duly incurred for the performance of the services. 30. 2. The consultant shall permit the supervisor to inspect, at any reasonable time, the records and accounts relating to the services and to make copies thereof and shall permit the supervisor or any person authorized by the supervisor, at any reasonable time, to audit such records and accounts both during and after provision of the services. Article 31\nSubmission of reports\n31. 1. Immediately prior to the completion of the services the consultant shall draw up a confidential general report together, where appropriate, with a financial analysis of the project and a critical study of any major problems which may have arisen during the performance of the project. 31. 2. The report referred to in Article 31. 1 shall be forwarded to the supervisor in the number of copies stated in the special conditions, not later than 60 days after the completion of the services by the consultant. Such report shall not bind the contracting authority. 31. 3. Where the contract is performed in phases, the execution of each phase shall give rise to the preparation of a report by the consultant, save as otherwise provided in the special conditions. 31. 4. The persons other than the supervisor to whom copies of the reports and documents referred to in Articles 29 and 31 are to be sent and the time limits within which the consultant shall forward them shall be stated in the special conditions. Such time limits shall take account of periods specified in the special conditions for examining and approving or rejecting reports and documents by the contracting authority. Article 32\nApproval of reports and documents\n32. 1. The approval by the contracting authority of reports and documents drawn up and forwarded by the consultant shall certify that they comply with the terms of the contract. 32. 2. The contracting authority shall, within the time limits laid down in the special conditions, notify the consultant of his decision concerning the documents or reports forwarded to him, giving reasons should he reject the reports or documents, or request amendments. 32. 3. Where a report or document is approved by the contracting authority subject to amendments to be made by the consultant, the contracting authority shall prescribe a period for making the amendments requested. 32. 4. Where the contract is performed in phases, the execution of each phase shall be subject to the approval, by the contracting authority, of the preceding phase except where the phases are carried out concurrently. PAYMENTS\n\nArticle 33\nGeneral provisions\n33. 1. The currency or currencies of payments shall be as stated in the contract. 33. 2. The administrative and technical conditions to which the payment of advances, interim payments or payment of balance are subject, in accordance with Articles 34 to 39, shall be as stated in the special conditions. Article 34\nAdvances\n34. 1. If the special conditions so provide, advances shall be granted to the consultant, at his request, for operations connected with the execution of the services, as a lump sum advance enabling him to meet expenditure resulting from the commencement of the contract. 34. 2. Subject to the provisions of the special conditions, the total amount of the advances shall not exceed 20 % of the original contract price. 34. 3. No advance shall be granted until:\n\n\n\n\n\n\n(a)\n\n\nthe conclusion of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nprovision to the contracting authority by the consultant of a separate directly liable guarantee for the full amount of the advance, established in the form of a bank guarantee, a banker's draft, a certified cheque, a bond provided by an insurance and/or bonding company, an irrevocable letter of credit or a cash deposit. If the guarantee is to be provided in the form of a bank guarantee, a banker's draft, a certified cheque or a bond, it shall be issued by a bank or bonding and/or insurance company approved by the contracting authority in accordance with the eligibility criteria applicable for the award of the contract. In any case, the guarantee shall be valid and remain effective for at least 60 days after acceptance of the final report. 34. 3. The consultant shall use the advance exclusively for operations connected with the performance of the services. Should the consultant misuse any portion of the advance, it shall become due and repayable immediately and no further advance payment shall be made to him. 34. 5. Should the advance guarantee cease to be valid and the consultant fail to re-validate it, either a deduction equal to the amount of the advance may be made by the contracting authority from future payments due to the consultant under the contract, or if in the opinion of the contracting authority such deduction is impracticable, the contracting authority may terminate the contract. 34. 6. If the contract is terminated for any reason whatsoever, the guarantees securing the advances may be invoked forthwith in order to repay the balance of the advances still owed by the consultant, and the guarantor shall not delay payment or raise objection for any reason whatever. 34. 7. The advance guarantee provided for in Article 34 shall be released as and when advances are reimbursed. 34. 8. Further conditions and procedures for granting and reimbursing advances shall be as laid down in the special conditions. Article 35\nPayment procedure\n35. 1. The consultant shall be entitled to interim payments or to the payment of the final balance in accordance with the procedures, schedules and time limits stipulated in the contract as and when the services are provided and accepted. 35. 2. Remuneration for parts of a month shall be based on a daily rate of one-thirtieth of the corresponding monthly unit price. Abatements for any incomplete provision of services shall be made on the basis of the prices laid down in the contract in respect of the part of the services which were not provided. 35. 3. For the part of the contract which is based on overall and fixed prices or on unit prices, provision may be made for the payment of interim payments only in respect of services rendered and, in the case of the part of a contract based on the reimbursement of costs, on submission of the appropriate supporting documents. 35. 4. The amount of an interim payment shall not exceed 90 % of the value of the services to which it relates; the remaining 10 % thus withheld shall be paid as a final balance. 35. 5. The frequency of interim payments shall be as laid down in the special conditions. As a general rule they shall be paid either on a monthly basis or as and when certain phases or parts of the services are completed. 35. 6. The conditions to which payments relating to other services entrusted to the consultant shall be subject, shall be as laid down in the special conditions. 35. 7. For each payment, the consultant shall send the contracting authority four copies of a written request for payment together with itemized statements, accompanied by receipts, invoices, vouchers and other appropriate supporting materials, of the amounts payable for each month or period. 35. 8. Within 30 days of receipt of the said application for interim payment, it shall be approved or amended in such manner that, in the supervisor's opinion, the application reflects the amount due to the consultant in accordance with the contract. In cases where there is a difference of opinion as to the value of an item, the supervisor's view shall prevail. On determination of the amount due to the consultant, the supervisor shall issue to the contracting authority and the consultant an interim payment certificate for the amount due to the consultant and shall inform the consultant of the service for which payment is being made. 35. 9. The supervisor may, by an interim payment certificate, make any corrections or modifications to any previous certificate issued by him and shall have power to modify the valuation in or withhold the issue of any interim payment certificate if the services or any part thereof are not being carried out to his satisfaction. 35. 10. Payment of the final balance shall be subject to performance by the consultant of all his obligations relating to the execution of all phases or parts of the services and to the approval by the contracting authority of the final phase or part of the services. Final payment shall be made only after the final report and a final statement, identified as such, shall have been submitted by the consultant and approved as satisfactory by the contracting authority. Any amount which the contracting authority has paid, or caused to be paid, in accordance with Article 35 in excess of the consultant's entitlement under the contract, shall be reimbursed by the consultant to the contracting authority within 30 days after receipt by the consultant of notice thereof. 35. 11. If any of the following events occurs and persists, the contracting authority may, by written notice to the consultant, suspend in whole or in part, payments due to the consultant under the contract:\n\n\n\n\n\n\n(a)\n\n\nthe consultant defaults in the execution of the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nany other condition for which the consultant is responsible under the contract and which, in the opinion of the contracting authority, interferes, or threatens to interfere, with the successful completion of the project or the contract. Article 36\nTravel and transport\n36. 1. Unless the special conditions provide otherwise, the travel expenses for eligible staff of the consultant and of their spouses and dependent children within the meaning of the law of the country in which the consultant has his registered place of business, shall be borne by the contracting authority. These costs shall be limited to the cost of the most direct practicable route between the usual place of residence and the place where the contract is to be performed. 36. 2. Air travel shall be by economy class. Journeys necessitating travel by sea, rail or river shall be made first class. The cost of transporting the luggage of eligible staff between the usual place of residence and the place where the contract is to be performed shall be borne by the contracting authority within the weight limits stipulated in the special conditions. 36. 3. The conditions under which transport cost of documents, equipment and materials may be borne by the contracting authority, shall be as stated in the special conditions. 36. 4. In all cases, reimbursement will be subject to submission of supporting documents. Article 37\nRevision of prices\n37. 1. Unless otherwise stipulated in the special conditions, and except as provided in Article 37. 4, contracts shall be at fixed prices which shall not be revised. 37. 2. Where the prices may be revised under the contract, such revision shall take into account variation in the prices of significant local or external elements which served as a basis for the calculation of the tender price, such as manpower and other services. The detailed rules for the revision shall be as laid down in the special conditions. 37. 3. Price contained in the consultant's tender shall be deemed:\n\n\n\n\n\n\n(a)\n\n\nto have been arrived at on the basis of the conditions in force 30 days prior to the latest date fixed for the submission of tenders, or in the case of direct agreement contracts, on the date of the contract; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nto have taken account of the legislation and the relevant tax arrangements applicable at the reference date fixed in Article 37. 3 (a). 37. 4. In the event of changes to or introduction of any national or State statute, ordinance, decree, or other law, or any regulation or by-law of any local or other public authority, after the date stated in Article 37. 3 which causes a change in the contractual relationship between parties to the contract, the contracting authority and the consultant shall consult on how best to proceed further under the contract, and may as a result of such consultation decide:\n\n\n\n\n\n\n(a)\n\n\nto modify the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\non payment of compensation for the resulting imbalance by one party to the other; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nto terminate the contract by mutual agreement. 37. 5. In the event of a delay in the performance of the services for which the consultant is responsible or at the end of the period of performance, revised as necessary in accordance with the contract, there shall be no further revision of prices within the 30 days before completion of the services except for the application of new price indexation, if this is to the benefit of the contracting authority. Article 38\nDelayed payments\n38. 1. Payment to the consultant of the amounts due under each of the interim payment certificates, and the certificate for the final balance issued by the supervisor shall be made by the contracting authority within 90 days of such certificate being delivered to the contracting authority. If the period laid down for payment has been exceeded, the consultant shall qualify for interest calculated pro rata on the basis of the number of days delay at the rate specified in the special conditions, subject to a maximum period also specified therein. The consultant shall be entitled to such payment without formal notice and without prejudice to any other right or remedy under the contract. In the case of the final statement of account, the interest for the delayed payment shall be calculated on a daily basis at the rate specified in the special conditions. 38. 2. Any default in payment of more than 120 days from the expiry of the period laid down in Article 38. 1 shall entitle the consultant either not to perform the contract or to terminate it. Article 39\nPayment to third parties\n39. 1. All orders for payments to third parties may be carried out only after an assignment made in accordance with Article 6. The assignment shall be notified to the contracting authority. 39. 2. Notification of beneficiaries of assignment shall be the sole responsibility of the consultant. 39. 3. In the event of a legally binding attachment of the property of the consultant affecting payments due to him under the contract and without prejudice to the time limit laid down in Article 38, the contracting authority shall have 30 days, starting from the day when it receives notification of the definitive lifting of the obstacle to payment, to resume payments to the consultant. BREACH OF CONTRACT AND TERMINATION\n\nArticle 40\nBreach of contract\n40. 1. Either party commits a breach of contract where he fails to discharge any of his obligations under the contract. 40. 2. Where a breach of contract occurs, the party injured by the breach shall be entitled to the following remedies:\n\n\n\n\n\n\n(a)\n\n\ndamages; and/or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ntermination of the contract. 40. 3. Damages may be:\n\n\n\n\n\n\n(a)\n\n\ngeneral damages; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nliquidated damages. 40. 4. In any case where the contracting authority is entitled to damages, it may deduct such damages from any sums due to the consultant or from the appropriate guarantee. 40. 5. Subject to the law of the State of the contracting authority, the contracting authority shall be entitled to compensation for any damage which comes to light after the contract is completed. Article 41\nTermination by the contracting authority\n41. 1. The contracting authority may, at any time and with immediate effect, terminate the contract, except as provided for in Article 41. 2. 41. 2. Except as otherwise provided in these general conditions, the contracting authroity may, after giving seven days notice to the consultant, terminate the contract in any of the following cases where:\n\n\n\n\n\n\n(a)\n\n\nthe consultant fails to carry out the services substantially in accordance with the contract;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe consultant continues to default for a period of 14 days after the contracting authority has given notice to him of suspension of payments under Article 35. 11;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe consultant fails to comply within a reasonable time with the notice given by the supervisor requiring him to make good the neglect or failure to perform his obligations under the contract which seriously affects the proper and timely performance of the services;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe consultant refuses or neglects to carry out administrative orders given by the supervisor;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe consultant assigns the contract or subcontracts without the authorization of the contracting authority;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nthe consultant becomes bankrupt or insolvent, or has a receiving order made against him, or compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors, or goes into liquidation;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nany adverse final judgment is made in respect of an offence affecting the professional conduct of the consultant;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nany other legal disability hindering performance of the contract occurs;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\nany organizational modification occurs involving a change in the legal personality, nature or control of the consultant, unless such modification is recorded in an endorsement to the contract;\n\n\n\n\n\n\n\n\n\n\n(j)\n\n\nthe consultant fails to maintain his independence in accordance with Article 12. 1;\n\n\n\n\n\n\n\n\n\n\n(k)\n\n\nthe consultant fails to provide the required guarantees or insurance, or if the person providing the earlier guarantee or insurance is not able to abide by his commitments. 41. 3. Termination shall be without prejudice to any other rights or powers under the contract of the contracting authority and the consultant. The contracting authority may, thereafter, complete the services itself, or conclude any other contract with a third party, for the account of the consultant. The consultant's liability for delay in completion shall immediately cease when the contracting authority terminates the contracts without prejudice to any liability thereunder that may have already been incurred. 41. 4. Upon termination of the contract or when he has received notice thereof, the consultant shall take immediate steps to bring the services to a close in a prompt and orderly manner and to reduce expenditure to a minimum. 41. 5. The supervisor shall, as soon as is possible after termination, certify the value of the services and all sums due to the consultant as at the date of termination. 41. 6. The contracting authority shall not be obliged to make any further payments to the consultant until the services are completed, whereupon the contracting authority shall be entitled to recover from the consultant the extra costs, if any, of completing the services, or shall pay any balance due to the consultant. 41. 7. If the contracting authority terminates the contract, it shall be entitled to recover from the consultant any loss it has suffered up to the maximum amount stated in the contract. If no maximum amount is stated, the contracting authority shall, without prejudice to its other remedies under the contract, be entitled to recover that part of the contract price which is attributable to that part of the services which has not, by reason of the consultant's failure, been satisfactorily completed. 41. 8. Where the termination is not due to an act or omission of the consultant, the consultant shall be entitled to claim in addition to sums owing to him for work already performed, an indemnity for loss suffered. Article 42\nTermination by the consultant\n42. 1. The consultant may, after giving 14 days notice to the contracting authority, terminate the contract if the contracting authority:\n\n\n\n\n\n\n(a)\n\n\nfails to pay the consultant the amounts due under any certificate of the supervisor after the expiry of the time limit stated in Article 38. 2; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nconsistently fails to meet his obligations after repeated reminders; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nsuspends the progress of the services or any part thereof for more than 180 days for reasons not specified in the contract, or not due to the consultant's default. 42. 2. Such termination shall be without prejudice to any other rights of the contracting authority or the consultant acquired under the contract. 42. 3. In the event of such termination, the contracting authority shall pay the consultant for any loss or injury the consultant may have suffered. Such additional payment may not exceed a limit which has to be specified in the contract. Article 43\nForce majeure\n43. 1. Neither party shall be considered to be in default or in breach of his obligations under the contract if the performance of such obligations is prevented by any circumstances of force majeure which arise after the date of notification of the award or the date when the contract becomes effective, whichever is the earlier. 43. 2. The term force majeure as used herein shall mean acts of God, strikes, lock-outs or other industrial disturbances, acts of the public enemy, wars, whether declared or not, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts/civil disturbances, explosions, and any other similar unforeseeable events, not within the control of either party and which by the exercise of due diligence neither party is able to overcome. 43. 3. Notwithstanding the provisions of Articles 24 and 41, the consultant shall not be liable for liquidated damages or termination for default if, and to the extent that, his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure. The contracting authority shall similarly not be liable, notwithstanding the provisions of Articles 38 and 42, to payment of interest on delayed payments, for non-performance or for termination by the consultant for default, if, and to the extent that, the contracting authority's delay or other failure to perform its obligations is the result of force majeure. 43. 4. If either party considers that any circumstances of force majeure have occurred which may affect performance of his obligations he shall promptly notify the other party and the supervisor giving details of the nature, the probable duration and likely effect of the circumstances. Unless otherwise directed by the supervisor in writting, the consultant shall continue to perform his obligations under the contract as far as is reasonably practicable, and shall seek all reasonable alternative means for performance of his obligations which are not prevented by the force majeure event. The consultant shall not put into effect such alternative means unless directed so to do by the supervisor. 43. 5. If the consultant incurs additional costs in complying with the supervisor's directions or using alternative means under Article 43. 4 the amount thereof shall be certified by the supervisor. 43. 6. If circumstances of force majeure have occurred and persist for a period of 180 days then, notwithstanding any extension of the period of performance that the consultant may by reason thereof have been granted, either party shall be entitled to serve upon the other 30 days' notice to terminate the contract. If at the expiry of the period of 30 days the situation of force majeure persists, the contract shall terminate and in consequence thereof, the parties shall be released from further performance of the contract. Article 44\nDecease\n44. 1. Where the consultant is a natural person, the contract shall be automatically terminated if that person dies. However, the contracting authority shall examine any proposal made by the heirs or beneficiaries if they have notified their wish to continue the contract. The decision of the contracting authority shall be notified to those concerned within 30 days of receipt of such proposal. 44. 2. Where the consultant consists of natural persons and one or more of them die, a report shall be agreed between the parties on the progress of the services and the contracting authority shall decide whether to terminate or continue the contract in accordance with the undertaking given by the survivors and by the heirs or beneficiaries, as the case may be. 44. 3. In the cases provided for in Articles 44. 1 and 44. 2, persons offering to continue to perform the contract shall notify the contracting authority thereof within 15 days of the date of decease. 44. 4. Such persons shall be jointly and severally liable, or as otherwise stated in the special conditions, for the proper performance of the contract to the same extent as the consultant. Continuation of the contract shall be subject to the rules relating to establishment of any guarantee provided for in these conditions. SETTLEMENT OF DISPUTES\n\nArticle 45\nSettlement of disputes\n45. 1. The contracting authority and the consultant shall make every effort to amicably settle any dispute relating to the contract which may arise between them, or between the supervisor and the consultant. 45. 2. The special conditions shall prescribe:\n\n\n\n\n\n\n(a)\n\n\nthe procedure for the amicable settlement of disputes;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe time limits within which the amicable settlement procedure may be invoked after the time that the dispute is notified to the other party and the maximum time limit within which such settlement may be reached, provided that the time limit prescribed for reaching such settlement does not exceed 120 days from the commencement of the adopted procedure;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe time limits for responding in writing to a request for amicable settlement or to other requests permitted during the course of that procedure and the consequence of failure to comply with those time limits. 45. 3. The parties may agree to the settlement of the dispute by conciliation within a specific time limit by a third party after the amicable settlement procedure adopted has failed. 45. 4. The amicable settlement or conciliation procedure adopted shall in all cases involve a procedure in which complaints and responses are notified to the other party. 45. 5. In the absence of an amicable settlement or settlement by conciliation within the maximum time limits specified, the dispute shall:\n\n\n\n\n\n\n(a)\n\n\nin the case of a national contract, be settled in accordance with the national legislation of the State of the contracting authority; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nin the case of a transnational contract, be settled by arbitration in accordance with the procedural rules adopted by the EEC Council. ANNEX V\nPROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND IN THE OCT\nTABLE OF CONTENTS\nI. INTRODUCTION\n\n\n\n\n\n\n\nArticle 1 \u2014\n\nScope of application\n\n\n\n\n\n\n\n\n\nArticle 2 \u2014\n\nDefinitions\n\n\n\n\n\n\n\n\n\nArticle 3 \u2014\n\nNotice and calculation of time\n\n\n\n\n\n\n\n\n\nArticle 4 \u2014\n\nExhaustion of internal administrative procedures\n\n\n\n\n\n\n\n\n\nArticle 5 \u2014\n\nConciliation\n\n\n\nII. THE TRIBUNAL\n\n\n\n\n\n\n\nArticle 6 \u2014\n\nNationality of arbitrators\n\n\n\n\n\n\n\n\n\nArticle 7 \u2014\n\nNumber of arbitrators\n\n\n\n\n\n\n\n\n\nArticle 8 \u2014\n\nAppointment of sole arbitrator\n\n\n\n\n\n\n\n\n\nArticle 9 \u2014\n\nAppointment of three arbitrators\n\n\n\n\n\n\n\n\n\nArticle 10 \u2014\n\nAppointments by the appointing authority\n\n\n\n\n\n\n\n\n\nArticle 11 \u2014\n\nChallenge of arbitrators\n\n\n\n\n\n\n\n\n\nArticle 12 \u2014\n\nReplacement of arbitrator\n\n\n\nIII. THE ARBITRATION PROCEEDINGS\n\n\n\n\n\n\n\nArticle 13 \u2014\n\nGeneral provisions\n\n\n\n\n\n\n\n\n\nArticle 14 \u2014\n\nApplicable law and procedural rules\n\n\n\n\n\n\n\n\n\nArticle 15 \u2014\n\nLanguage of the proceedings\n\n\n\n\n\n\n\n\n\nArticle 16 \u2014\n\nVenue of the proceedings\n\n\n\n\n\n\n\n\n\nArticle 17 \u2014\n\nRepresentation and assistance\n\n\n\n\n\n\n\n\n\nArticle 18 \u2014\n\nCommencement of arbitration proceedings\n\n\n\n\n\n\n\n\n\nArticle 19 \u2014\n\nStatement of claim\n\n\n\n\n\n\n\n\n\nArticle 20 \u2014\n\nStatement of defence\n\n\n\n\n\n\n\n\n\nArticle 21 \u2014\n\nAmendments to the claim or defence\n\n\n\n\n\n\n\n\n\nArticle 22 \u2014\n\nPleas to the jurisdiction of the tribunal\n\n\n\n\n\n\n\n\n\nArticle 23 \u2014\n\nFurther written statements\n\n\n\n\n\n\n\n\n\nArticle 24 \u2014\n\nTime limits\n\n\n\n\n\n\n\n\n\nArticle 25 \u2014\n\nEvidence\n\n\n\n\n\n\n\n\n\nArticle 26 \u2014\n\nOral proceedings\n\n\n\n\n\n\n\n\n\nArticle 27 \u2014\n\nInterim measures of protection\n\n\n\n\n\n\n\n\n\nArticle 28 \u2014\n\nExperts\n\n\n\n\n\n\n\n\n\nArticle 29 \u2014\n\nDefault\n\n\n\n\n\n\n\n\n\nArticle 30 \u2014\n\nClosure of hearings\n\n\n\n\n\n\n\n\n\nArticle 31 \u2014\n\nWaiver of rules\n\n\n\nIV. THE AWARD\n\n\n\n\n\n\n\nArticle 32 \u2014\n\nDecisions\n\n\n\n\n\n\n\n\n\nArticle 33 \u2014\n\nTime, scope, form and effect of the award\n\n\n\n\n\n\n\n\n\nArticle 34 \u2014\n\nEnforcement of the award\n\n\n\n\n\n\n\n\n\nArticle 35 \u2014\n\nSettlement or other grounds for termination\n\n\n\n\n\n\n\n\n\nArticle 36 \u2014\n\nInterpretation of the award\n\n\n\n\n\n\n\n\n\nArticle 37 \u2014\n\nCorrection of the award\n\n\n\n\n\n\n\n\n\nArticle 38 \u2014\n\nAdditional award\n\n\n\n\n\n\n\n\n\nArticle 39 \u2014\n\nFees\n\n\n\n\n\n\n\n\n\nArticle 40 \u2014\n\nCosts\n\n\n\n\n\n\n\n\n\nArticle 41 \u2014\n\nDeposit of costs\n\n\n\nI \u2014\u00a0\u00a0\u00a0INTRODUCTION\n\nArticle 1\nScope of application\nDisputes relating to a contract financed by the European Development Fund (EDF) which, pursuant to the provisions of the general conditions and the special conditions governing the contract, may be settled by conciliation or by arbitration shall be settled in accordance with these procedural rules. Article 2\nDefinitions\nIn these rules, unless the context requires otherwise, the following words and expressions shall have the meaning here assigned to them:\n\n\n\n\n\n\n\u00a0\n\n\n\nOCT: the overseas countries and territories who through the Council have been associated with the European Economic Community (EEC),\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nCouncil Decision: Decision 91/482/EEC of 25 July 1991 by the Council of the European Communities on the association of the overseas countries and territories with the EEC,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nMember State: a Member State of the EEC,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nadministrative agency: the agency in the OCT concerned given the function of settling by administrative methods disputes arising under or in connection with contracts to which the contracting authority is a party,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nthe tribunal: the arbitral tribunal,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nappointing authority: the authority agreed by the parties to an arbitration, or in the absence of such agreement, identified by these rules, as the authority to appoint an arbitrator,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\ncontracting authority: the State or the legal person governed by public or private law which concludes the contract or on behalf of which the contract is concluded,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nthe contract: an EDF contract for works, supplies or services,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nclaimant: the party which commences arbitration proceedings by giving notice to-the other party requesting the arbitration and submitting claims,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nrespondent: the party to the arbitration against whom claims are made,\n\n\n\n\n\n\n\n\n\n\n\u00a0\n\n\n\nparty: when used in connection with an arbitration, the claimant or respondent in the arbitration. Article 3\nNotice and calculation of time\n3. 1. Any notice provided by these rules shall be served by registered letter or physically delivered with a request for a dated acknowledgement of receipt in either case. A notice shall be deemed to have been received on the day it is so delivered. 3. 2. For the purposes of calculating a period of time under these rules, such period shall begin to run on the day following the day when a notice, communication or proposal, is received. If the last day of such period is an official holiday or a non-working day, at the address mentioned in the notice, communication or proposal, the period shall be extended until the first working day which follows. However, official holidays or non-working days occurring during the running of the period of time shall be included in calculating the period. Article 4\nExhaustion of internal administrative procedures\n4. 1. A dispute shall not be referred to arbitration under these rules unless all internal administrative procedures provided by the OCT concerned for settlement of such disputes have been or are deemed to have been, exhausted. Recourse to administrative proceedings shall be deemed to have been exhausted if no final decision has been issued by the administrative agency within 120 days of the receipt of the initial application for settlement by it. 4. 2. In cases where recourse to administrative procedures by an applicant is, due to the absence of such procedures in the OCT concerned, not possible, a dispute may be referred to arbitration under these rules only after the applicant has given notice of this compliant to the other party, and no meaningful steps have been taken by that other party to remedy or correct the cause of complaint within 120 days after the receipt of the notice. Article 5\nConciliation\n5. 1. At any time before a request for arbitration, a person with the right to request the arbitration may request the amicable intervention of the agency financing the contract or the settlement of the dispute by conciliation in accordance with these rules. 5. 2. If the parties to the dispute agree, the conciliation shall be conducted by a sole conciliator, otherwise it shall be conducted by a committee of three conciliators. 5. 3. To qualify for appointment as conciliator, the person must be a national of either the OCT or a Member State. 5. 4. Where the conciliation is to be conducted by a sole conciliator, the parties to the dispute shall agree on the conciliator. Where the conciliation is to be conducted by a conciliation committee, each of the parties to the dispute shall nominate one of the members of the committee. The third member of the committee who shall be chairman, and who shall be of a nationality other than that of the parties involved, shall be chosen by the other members of the committee. 5. 5. The party making a request for conciliation shall notify the other party of the request. The request shall consist of a statement of the case of the applicant and shall be accompanied by copies of relevant papers and documents. The request shall also contain the name and address of the person proposed or nominated as a conciliator. 5. 6. Within 60 days of receipt of the notice of the request, the other party shall notify the applicant whether he is prepared to accept an attempt at conciliation, and in that event to submit to the applicant a reply to the applicant's case. The reply shall also contain the name and address of the person proposed or nominated by the other party as a conciliator. 5. 7. Within 30 days of the receipt of the reply, the members of the conciliation committee selected by the parties shall nominate the chairman. 5. 8. The proceedings of the conciliator or conciliation committee shall be as informal and expeditious as is compatible with a just and objective settlement of the dispute and shall be based on a fair hearing of each party. Each of the parties may appear in person or be represented by an agent of his choice. 5. 9. After examining the case, the conciliator or conciliation committee shall submit terms of settlement to the parties. 5. 10. Should a settlement result, the conciliator or conciliation committee shall draw up and sign a record of the settlement. The record shall be signed by the parties to signify their acceptance thereof. The record of the settlement so signed by the parties shall be binding upon them. 5. 11. Copies of the record of settlement so signed shall be given to the parties. 5. 12. Should a settlement not result, the parties shall be at liberty to refer their dispute to arbitration under these rules, in which case, nothing that has transpired in connection with the proceedings before the conciliator or conciliation committee shall in any way affect the legal rights of any of the parties at the arbitration. 5. 13. No person having sat as a conciliator or a member of a conciliation committee for the settlement of a dispute may be appointed arbitrator for the same matter. II \u2014\u00a0\u00a0\u00a0THE TRIBUNAL\n\nArticle 6\nNationality of arbitrators\nTo qualify for appointment as an arbitrator, a person must have the nationality of either the OCT or a Member State. Article 7\nNumber of arbitrators\nIf the parties agree, the tribunal shall be constituted by one arbitrator only. Such agreement must be reached by the parties within 15 days after receipt by the respondent of the notics commencing the arbitration proceedings as provided for in Article 18. If the parties fail to agree to arbitration by one arbitrator within the time specified, or if they otherwise agree, the tribunal shall be constituted by three arbitrators. Article 8\nAppointment of sole arbitrator\n8. 1. If a sole arbitrator is to be appointed, the parties shall agree on that arbitrator or upon the appointing authority for making the appointment thereof within 60 days after the commencement of the arbitration proceedings as laid down in Article 18. 8. 2. Where:\n\n\n\n\n\n\n(a)\n\n\nthe parties are unable to agree either on the arbitrator or on the appointing authority within the specified 60 days; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe appointing authority agreed by the parties refuses to act, or fails to appoint the arbitrator, within 60 days of receipt of the parties' request therefore,\n\n\n\n\neither party may request the most senior in rank from amongst the judges of the International Court of Justice at the Hague who are nationals of the OCT and the Member States to exercise the powers of the appointing authority. Article 9\nAppointment of three arbitrators\n9. 1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who shall be the presiding arbitrator of the tribunal. 9. 2. The appointment by each party of an arbitrator shall be made within 60 days from the date of the agreement between the parties that the tribunal be constitued by three arbitrators, or the date when the constitution of the tribunal by a sole arbitrator was, in terms of Article 7. 1, excluded. 9. 3. If:\n\n\n\n\n\n\n(a)\n\n\nwithin 30 days after the appointment by each party of his arbitrator, the two appointed arbitrators have not chosen the third arbitrator; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nwithin 30 days after the receipt of the notification of the appointment by one party of an arbitrator the other party has not notified the first party of the arbitrator he has appointed,\n\n\n\n\nthe required arbitrator shall upon request by either party, be appointed by the appointing authority. 9. 4. The appointing authority shall be agreed by the parties not later than 60 days after the particular failure which gives rise to the need to invoke that authority. If after the expiration of that period an appointing authority has not been agreed by the parties, either party may request the most senior in rank from amongst the judges of the International Court of Justice at the Hague who are nationals of the OCT and the Member States to exercise the powers of the appointing authority. Article 10\nAppointments by the appointing authority\n10. 1. When an appointing authority is requested to appoint an arbitrator, the party which makes the request shall send to the appointing authority a copy of the notice of arbitration specified in Article 18. 1 and a copy of the contract under or in connection with which the dispute has arisen. The appointing authority may require from either party such information as he deems necessary to fulfil his function. 10. 2. Either party may propose names of persons suitable for appointment as arbitrators to the appointing authority. Where such proposal is made, the full names, addresses and nationalities of the persons proposed shall be given, together with a description of their qualifications. 10. 3. The appointing authority shall appoint the arbitrator or arbitrators as promptly as possible. In making the appointment, the appointing authority shall:\n\n\n\n\n\n\n(a)\n\n\nhave regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator of a nationality other than the nationalities of the parties, and of high moral standing, who has a recognized competence in the field of law, technical knowledge or finance applicable to the matters in dispute; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nunless both parties agree otherwise, or the appointing authority decides in his discretion that the procedure is not appropriate for the particular case, use the following list procedure:\n\n\n\n\n\n\n(i)\n\n\nthe appointing authority shall communicate to both parties an identical list containing at least three names of persons qualified for appointment as arbitrators in terms of Articles 6. 1 and 10. 3 (a);\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nwithin 30 days after the receipt of this list, each party may return the list to the appointing authority after deleting the name or names to which he objects, and numbering the remaining names on the list in the order of his preference. If the list is not returned or no alteration is made in the order in which the names appear in the original list, the names on that list shall be deemed to have been approved by the party concerned in the order in which they appear;\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\nupon receipt of the list returned by both parties, or after the expiration of the time limit for the return, whichever is the earlier, the appointing authority shall within 30 days appoint the arbitrator from among the names approved or deemed to be approved, on the list and in accordance with the order of preference indicated by the parties;\n\n\n\n\n\n\n\n\n\n\n(iv)\n\n\nif for any reason the appointment cannot be made according to this procedure, the appointing authority may appoint a suitable arbitrator, having due regard to the interest of the parties, the nature of the dispute and, where applicable, the fact that one of the parties is a State. Article 11\nChallenge of arbitrators\n11. 1. A prospective arbitrator shall disclose to those who approach him in connection with his possible appointment any facts or circumstances likely to give rise to justifiable doubts or suspicion as to his impartiality or independence. A person appointed arbitrator shall disclose such facts or circumstances to the parties unless they have already been informed by him of these circumstances. 11. 2. Any arbitrator may be challenged by a party if facts or circumstances exist which give rise to justifiable doubts or suspicion as to his impartiality or competence. However a party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made. 11. 3. A party who intends to challenge an arbitrator shall send a notice of his challenge in writing, stating the reasons therefor to the tribunal, the challenged arbitrator and the other party. The notice shall be sent within 15 days of the constitution of the tribunal or of the appointment of the challenged arbitrator, whichever is later, or within 15 days after the circumstances justifying the challenge become known to the party making the challenge. 11. 4. Where a challenge made by one party is agreed by the other party, or where the challenged arbitrator withdraws from office, the authority of that arbitrator in the arbitration proceedings shall forthwith terminate. But neither the agreement of the parties to the challenge, nor the withdrawal from office of the challenged arbitrator, implies an acceptance of the validity of the grounds of the challenge issued. 11. 5. If the other party does not agree to the challenge, or if the challenged arbitrator does not withdraw, a decision on the challenge shall be made as follows:\n\n\n\n\n\n\n(a)\n\n\nwhere the appointment of the arbitrator was made by an appointing authority, by that authority;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nwhere the appointment of the arbitrator was not made by an appointing authority, by the other members of the tribunal, if there are such others;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nin all other cases, or in case of disagreement between the other members of the tribunal, by an appointing authority designated or to be designated in accordance with the procedure provided in Article 9. 4. The decision of the authority specified herein shall be final. Article 12\nReplacement of arbitrator\n12. 1. In the following cases, a substitute arbitrator shall be appointed in accordance with the procedure laid down in Articles 8, 9 and 10 which is applicable to the appointment of the particular arbitrator being replaced:\n\n\n\n\n\n\n(a)\n\n\na challenge to an arbitrator has been agreed to by the other party; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\na challenged arbitrator has withdrawn from office; or\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nnotwithstanding the absence of agreement of the other party, or a refusal by the challenged arbitrator to withdraw, a challenge to an arbitrator is sustained; or\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nan arbitrator dies during the course of the arbitration proceedings; or\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nfor any other reason, an arbitrator fails to act or it becomes impossible de jure or de facto for him to perform his functions. 12. 2. If an arbitrator is replaced, any hearing held previously may, at the discretion of the tribunal, be repeated, and any decision or order made in the course of the proceedings may be set aside by the tribunal. III \u2014\u00a0\u00a0\u00a0THE ARBITRATION PROCEEDINGS\n\nArticle 13\nGeneral provisions\n13. 1. Subject to these rules, the tribunal may conduct the arbitration in such manner as it considers appropriate. 13. 2. The tribunal shall conduct the arbitration as expeditiously and with such due regard for the saving of costs as is consistent with doing justice between the parties. The parties shall be treated with equality, and at any stage of the proceedings each of them shall be given a full opportunity of presenting his case. 13. 3. If either party so requests at any stage of the proceedings, the tribunal shall hold hearings for presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials. 13. 4. All documents or information supplied to the tribunal by one party shall at the same time be communicated by that party to the other party. No such document or information may be used in support of a party's case unless there is proof that it has been communicated to the other party. Article 14\nApplicable law and procedural rules\n14. 1. The tribunal shall apply the law of the State of the contracting authority to the matters in dispute, unless otherwise specified in the contract, in which case the tribunal shall apply the law so specified. In all cases, the tribunal shall decide in accordance with the terms of the contract, and may take into account the usages of the trade applicable to the transaction. 14. 2. Where the applicable law is silent on any specific point, the tribunal shall apply the conflict of laws rules resulting from the law applicable to the contract. The tribunal may not decline to make an award on the ground that the law is silent or obscure on the point. 14. 3. Notwithstanding the provisions of Articles 5. 1 and 14. 1, if the parties expressly so authorize the tribunal in the course of the arbitration proceedings, it shall decide as amicable compositor or ex aequo et bono. 14. 4. The entire arbitration proceedings shall be conducted in accordance with these rules. In the absence of agreement between the parties, any procedural matter which is not provided for in these rules shall be decided by the tribunal, which shall ensure in particular, in such a case, that the principle of equality between the parties is observed. Article 15\nLanguage of the proceedings\n15. 1. Arbitrations proceedings shall be conducted and the arbitration award made in the language of the contract, the terms or execution of which gave rise to the dispute. 15. 2. The tribunal may order that any documents annexed to the statement of claim or statement of defence, and any other document or exhibit submitted in the course of the proceedings, and which are not drawn up in the language of the proceedings, shall be accompanied by a certified translation into the language of the proceedings. Article 16\nVenue of the proceedings\n16. 1. Arbitration proceedings shall be conducted in the OCT concerned in which the contract was awarded or performed. However, the tribunal may, with the agreement of the parties and for good cause, decide to conduct the arbitration in some other place. In deciding on such other place, the tribunal shall have regard to the circumstances of the case, including the costs involved, the convenience of the parties, and the potential adverse effect of the procedural rules of an alternative venue on the parties and the proceedings. 16. 2. Subject to Article 16. 1, the tribunal may hold some hearings and meetings at any place it deems appropriate, having regard to the circumstances of the case. 16. 3. The tribunal may meet at any place it deems appropriate for the inspection of the works, goods, other property or documents. The parties shall be given sufficient notice to enable them to be present at such inspection. Article 17\nRepresentation and assistance\nThe parties may be represented and /or assisted by persons of their choice. The names and addresses of such persons must be communicated in writing to the other party and to the tribunal. Such communication must specify whether the person named is appointed for the purpose of representation or assistance. Article 18\nCommencement of arbitration proceedings\n18. 1. The claimant in an arbitration shall give to the respondent a notice of arbitration. Such notice shall be time-barred unless it is given not later than 90 days after the receipt of the decision closing the final administrative proceedings taken in the OCT concerned, or, where no such administrative procedures are available, not later than 90 days after the expiry of the 120 days provided for in Article 4. 2 for the remedy of a complaint notified to the other party. 18. 2. Arbitration proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the respondent. 18. 3. The notice of arbitration shall include the following:\n\n\n\n\n\n\n(a)\n\n\na demand that the dispute be referred to arbitration;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe names and addresses of the parties and their nationality at the time of the notice;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\na reference to the contract out of or in relation to which the dispute arises, and the particular clause or clauses in the contract being invoked or challenged;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe general nature of the claim and the amount involved, if any;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe relief or remedy sought;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\na brief statement, with dates, of any administrative proceedings or of the notice given of complaints, and the outcome of such steps;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\na proposal as to the number of arbitrators (i. e. , one or three). 18. 4. The notice of arbitration may also include:\n\n\n\n\n\n\n(a)\n\n\nthe name of the person and/or the authority proposed for appointment as a sole arbitrator and/or appointing authority referred to in Article 8. 1;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe notification of the appointment by the claimant of an arbitrator referred to in Article 9. 1;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe statement of claim referred to in Article 19. Article 19\nStatement of claim\n19. 1. Unless the statement of claim was contained in the notice of arbitration, within a time limit to be determined by the tribunal, the claiment shall communicate his statement of claim in writing to the respondent and to each of the arbitrators. A copy of the contract shall be annexed thereto. 19. 2. The statement of claim, signed and dated by the claiment and/or his duly authorized representative, shall include the following particulars:\n\n\n\n\n\n\n(a)\n\n\nthe names and addresses of the parties;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\na statement of the facts supporting the claim;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe points at issue;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe relief or remedy sought. The claiment shall either annex to his statement of claim all documents he deems relevant or add a reference to the documents or other evidence he will submit. Article 20\nStatement of defence\n20. 1. Within a time limit to be determined by the tribunal, the respondent shall communicate his statement of defence in writing to the claimant: and to each of the arbitrators. 20. 2. The statement of defence shall reply to the particulars of the statement of claim given in compliance with Article 19. 2 (b), (c) and (d). The respondent shall either annex to his statement the documents on which he relies for his defence or add a reference to the documents or other evidence he will submit. 20. 3. In this statement of defence, or at a later stage in the arbitration proceedings, if the tribunal decides that the delay was justified under the circumstances, the respondent may make a counter-claim arising out of the same contract, or rely on a claim arising out of the same contract for the purpose of a set-off. 20. 4. The provisions of Article 19. 2 shall apply to a counter-claim and a claim relied on for the purpose of a set-off:\nArticle 21\nAmendments to the claim or defence\nDuring the course of the arbitration proceedings either party may amend or supplement his claim or defence unless the tribunal considers it inappropriate to allow such amendment having regard to the delay in making it or the undue harm that it would cause to the other party. Article 22\nPleas to the jurisdiction of the tribunal\n22. 1. The tribunal shall have the power to rule on objections to its jurisdiction. 22. 2. The tribunal shall have the power to determine the existence or the validity of the contract. A decision by the tribunal that the contract is null and void shall not affect the validity of the arbitration clause in the contract or the agreement to submit the dispute to arbitration, and therefore, shall not affect the application of these rules. 22. 3. A plea that the tribunal does not have jurisdiction shall be raised not later than in the statement of defence or, with respect to a counter-claim, in the reply to the counter-claim. This provision shall also apply to new claims and counter-claims admitted in the course of the proceedings. 22. 4. In general, the tribunal should rule on a plea concerning its jurisdiction as a preliminary question. However, the tribunal may proceed with the arbitration and then rule on such a plea in its final award. Article 23\nFurther written statements\nThe tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and, if so, the manner in which they shall be presented, and shall fix the time limits for communicating such statements. Article 24\nTime limits\nThe time limits fixed by the tribunal for the communication of written statements (including the statement of claim and statement of defence) shall not, in each case, exceed 45 days. However, the tribunal may extend the time limits if it concludes that an extension is justified. Article 25\nEvidence\n25. 1. Each party shall bear the burden of proving the fact relied on to support his claim or defence. 25. 2. The tribunal may, if it considers it appropriate, require the parties to deliver to the tribunal and to the other party, within such time limit as the tribunal shall decide, a summary of the documents and other evidence which that party offers to present in support of the facts in issue set out in his statement of claim or statement of defence. 25. 3. At any time during the proceedings, the tribunal may require the parties to produce documents, exhibits or other evidence within such time limit as the tribunal shall determine. Article 26\nOral proceedings\n26. 1. In the event of an oral hearing, the tribunal shall give the parties adequate advance notice of the date, time and place thereof. 26. 2. If witnesses are to be heard, each party shall communicate to the tribunal and to the other party, at least 15 days before the hearing, the names and addresses of the witnesses he intends to call, the subjects upon and the languages in which such witnesses will give their testimony. 26. 3. The tribunal shall make arrangements for the translation of oral statements made at a hearing and for a record of the hearing if either is deemed necessary by the tribunal under the circumstances of the case, or if the parties have agreed thereto and have communicated such agreement to the tribunal at least 15 days before the hearing. 26. 4. Hearings shall be held in camera unless the parties agree otherwise. The tribunal may require the retirement of any witness or witnesses during the testimony of other witnesses. The tribunal is free to determine the manner in which witnesses are examined, without prejudice to the right of each party, at its request, to question witnesses presented by the other party. 26. 5. Evidence of witnesses may also be presented in the form of sworn written statements signed by them. However, at the request of either party and with the leave of the tribunal, such witnesses may be heard at a hearing where the parties shall have the opportunity to be present and to question the witnesses. 26. 6. The tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered. Article 27\nInterim measures of protection\n27. 1. At the request of either party, the tribunal may take any interim measures it deems necessary in respect of the subject matter of the dispute, including measures for the conservation, preservation or safe-custody of the goods forming the subject matter in dispute, such as ordering their deposit with a third person or the sale of perishable goods. The tribunal may also order the deposit of a sum of money or the provision of a security to guarantee the whole or any part of the amounts in dispute. In the event of failure to do so, the tribunal shall be entitled to draw such conclusions as may logically be imputed to such failure. 27. 2. Such interim measures may be established in the form of an interim award. The tribunal shall be entitled to require security for the costs of such measures. Article 28\nExperts\n28. 1. The tribunal may appoint one or more independent experts to examine and report to it, in writing on specific issues to be determined by the tribunal. A party shall have the right to object to an expert on the ground of competence and partiality and if such objection is sustained by the tribunal that expert shall withdraw. A copy of the expert's terms of reference, established by the tribunal, shall be communicated to the parties. 28. 2. The parties shall give the expert any relevant information or produce for his inspection any relevant documents or goods that he may require of them. Any dispute between a party and such expert as to the relevance of the required information or production shall be referred to the tribunal for decision. 28. 3. Upon receipt of the expert's report, the tribunal shall communicate a copy of the report to the parties who shall be given the opportunity to express, in writing, their opinion on the report. A party shall be entitled to examine any document on which the expert has relied in his report. 28. 4. At the request of either party, the expert, after delivery of the report, may be heard at a hearing where the parties shall have the opportunity to be present and to question him. At this hearing either party may call expert witnesses in order to testify on the points at issue. The provisions of Article 26 shall apply to such proceedings. Article 29\nDefault\n29. 1. If, within the time limit fixed by the tribunal, the claimant has failed to communicate his statement of claim without showing sufficient cause for such failure, the tribunal shall issue an order for the termination of the proceedings. If, within the time limit fixed by the tribunal, the respondent has failed to communicate his statement of defence without showing sufficient cause for such failure, the tribunal shall, after allowing for the particular constraints applying to the respondent, order that the proceedings continue and may make an award even if a defence has by then not been submitted. 29. 2. If one of the parties, duly notified under these rules, fails to appear at a hearing, without showing sufficient cause for such failure, the tribunal may proceed with the arbitration. 29. 3. If one of the parties, duly invited to produce documentary evidence, fails to do so within the established time limit, without showing sufficient cause for such failure, the tribunal may make the award on the evidence before it, taking due account of the failure and the bearing it has on the case. Article 30\nClosure of hearings\n30. 1. The tribunal may inquire of the parties if they have any further evidence to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearing closed. 30. 2. The tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own motion or upon application of a party, to reopen the hearings at any time before the award is made. Article 31\nWaiver of rules\nA party who refrains from promptly raising an objection to. any noncompliance with the provisions of or requirements under these rules shall be deemed to have waived his right to object. IV \u2014\u00a0\u00a0\u00a0THE AWARD\n\nArticle 32\nDecisions\n32. 1. When there are three arbitrators, an award or other decision of the tribunal shall be made by a majority of the arbitrators. However, if there is no majority, the presiding arbitrator shall have a casting vote, but shall give reasons for exercising that vote. 32. 2. In the case of questions of procedure, when there is no majority or when the tribunal so authorizes, the presiding arbitrator may decide on his own, subject to review, if any, by the tribunal. Article 33\nTime, scope, form and effect of the award\n33. 1. The arbitration award shall be made as soon as possible after the hearing or receipt of evidence of the material which the parties wish to put before the tribunal. 33. 2. In addition to making a final award, the tribunal shall be entitled to make interim, interlocutory, or partial awards. 33. 3. The award shall be made in writing and shall be final and binding on the parties. The parties shall carry out the award without delay. Each OCT or Member State shall recognize as binding every award made pursuant to these rules and shall ensure that it is enforced in its territory, as if it were a final judgment of one of its own courts or tribunals. 33. 4. The tribunal shall state the reasons upon which the award is based, unless the parties have agreed that no reasons are to be given. 33. 5. An award shall be signed and duly certified by the arbitrators and it shall contain the date on which and the place where the award was made. Where there are three arbitrators and one of them fails to sign, the award shall state the reason for the absence of the signature. 33. 6. The award may be made public only with the consent of both parties. 33. 7. Copies of the award signed and certified by the arbitrators shall be communicated to the parties by the tribunal. Article 34\nEnforcement of the award\n34. 1. In order to obtain the recognition and enforcement of the award in the territory of the OCT or a Member State, the party concerned must present a certified copy of the award to the authority which that State has designated for the purpose. The order for enforcement shall be appended to the presented copy without any verification other than that of the authenticity of the copy. 34. 2. Each signatory State shall, within 180 days from the entry into force of these rules, inform the President of the EEC of the authority which it has designated for this purpose and shall keep him informed of any changes. The President of the Council of Ministers will transmit such information to the President of the Commission without delay. 34. 3. The enforcement of the award shall be regulated by the law relating to the enforcement of judgments which is in force in the State in whose territory the enforcement is to be carried out. Article 35\nSettlement or other grounds for termination\n35. 1. If, before the award is made, the parties agree on a settlement of the dispute by other means, the tribunal shall either issue an order for the termination of the proceedings or, if requested by both parties and accepted by the tribunal, record the settlement in the form of an award on the agreed terms. The tribunal is not obliged to give reasons for such an award. 35. 2. If, before the award is made, the continuation of the proceedings becomes unnecessary or impossible for any reason other than settlement under Article 35. 1, the tribunal shall inform the parties that unless any objection is received within 30 days, it will issue an order terminating the proceedings. Should either party object within the said 30 days, the tribunal shall not issue such an order until it has heard the parties and determined that there are no justifiable grounds for objection. 35. 3. Copies of the order for termination of the proceedings or of the award on the agreed terms, signed by the arbitrators, shall be communicated by the tribunal to the parties. Where an award on the agreed terms is made, the provisions of Articles 33. 3and33. 5to33. 7 shall apply. Article 36\nInterpretation of the award\n36. 1. Within 60 days after the receipt of the award, either party, with notice to the other party, may request that the tribunal give an interpretation of the award. Where a new issue is discovered after the time limit provided has expired, the 60 days shall run from the date the new issue is discovered, provided that the maximum time limit for a request based on the discovery of a new issue shall not exceed 120 days from the date of the award. 36. 2. The interpretation shall be given in writing as soon as possible after the receipt of the request. The interpretation shall from part of the award and the provisions of Article 33. 2 to 33. 6 shall apply. Article 37\nCorrection of the award\n37. 1. Within 60 days after the receipt of the award, either party, with notice to the other party, may request the tribunal to correct in the award any errors in computation, any clerical or typographical errors, or any errors of a similar nature. The tribunal may within 30 days after the communication of the award make such corrections on its own initiative. 37. 2. Such corrections shall be in writing, and the provisions of Article 33. 2 to 33. 6 shall apply. Article 38\nAdditional award\n38. 1. Within 60 days after the receipt of the award, either party, with notice to the other party, may request the tribunal to make an additional award as to claims presented in the proceedings but omitted from the award. 38. 2. If the tribunal considers the request for an additional award to be justified and considers that the omission can be rectified without any further hearings or evidence, it shall complete its award within 60 days after the receipt of the request. 38. 3. When the additional award is made, the provisions of Article 33. 2 to 33. 6 shall apply. Article 39\nFees\n39. 1. The fees of the tribunal shall be reasonable in amount, taking into account the complexity of the subject matter, the time spent by the arbitrators and any other relevant circumstances of the case. 39. 2. If an appointing authority has been agreed upon by the parties or designated by these rules, and if that authority has issued a schedule of fees for arbitrators in international cases which it administers, the tribunal in fixing its fees shall take that schedule of fees into account to the extent that it considers appropriate in the circumstances of the case. 39. 3. If such appointing authority has not issued a schedule of fees for arbitrators in international cases, any party may at any time before the tribunal issues any award fixing its costs request the appointing authority to furnish a statement setting forth the basis for establishing fees which is customarily followed in international cases in which the authority appoints arbitrators. If the appointing authority consents to provide such a statement, the tribunal in fixing its fees shall take such information into account to the extent that it considers appropriate in the circumstances of the case. 39. 4. In the cases referred to in Articles 39. 2 and 39. 3, when a party so requests and the appointing authority consents to draw up a proposal for fees, the tribunal shall fix its fees only after consultation with the appointing authority which may make any comment it deems appropriate to the tribunal concerning the fees. Article 40\nCosts\n40. 1. The tribunal shall fix the costs of arbitration in its award. The term \u2018costs\u2019 includes only:\n\n\n\n\n\n\n(a)\n\n\nthe fees of the tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself in accordance with Article 39;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe travel and other expenses incurred by the arbitrators;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe costs of expert advice and of other assistance required by the tribunal;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe travel and other expenses of witnesses to the extent such expenses are approved by the tribunal;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe costs for legal representation and assistance of the successful pary if such costs were claimed during the proceedings, and only to the extent that the tribunal determines that the amount of such costs is reasonable;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nany fees and expenses of the appointing authority. 40. 2. Except as provided in Article 40. 3, the costs of arbitration shall in principle be borne by the unsuccessful party. However, the tribunal may apportion each of such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case. 40. 3. With respect to the costs of legal representation and assistance referred to in Article 40. 1 (e), the tribunal, taking into account the circumstances of the case, shall be free to determine which party shall bear such costs or may apportion such costs between the parties if it determines that apportionment is reasonable. 40. 4. When the tribunal issues an order for the termination of the proceedings or makes an award on the agreed terms, it shall fix the costs of arbitration referred to in Article 40. 1 in the text of that order of award. 40. 5. No additional fees may be charged by a tribunal for interpretation or correction or completion of its award under Articles 36 to 38. Article 41\nDeposit of costs\n41. 1. The tribunal, on its establishment, may request each party to deposit an equal amount as an advance for the costs referred to in Article 40. 1 (a), (b) and (c). 41. 2. During the course of the arbitration proceedings, the tribunal may request supplementary deposits from the parties for valid reasons. 41. 3. If an appointing authority has been agreed upon by the parties or designated by these rules, and when a party so requests and the appointing authority consents to perform the function, the tribunal shall fix the amounts of any deposits or supplementary deposits only after consultation with the appointing authority which may make comments to the tribunal which it deems appropriate concerning the amount of such deposits and supplementary deposits. 41. 4. If the required deposits are not paid in full within 30 days after receipt of the request, the tribunal shall inform the parties in order that one or other of them may make the required payment. If such payment is not made, the tribunal may nevertheless decide to continue with, or order the suspension or termination of, the proceedings. 41. 5. After the award has been made, the tribunal shall render an account to the parties of the deposits received and return any unexpended balance to the parties"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8a91aa7a-e45c-4903-96a8-0e4e53f144b0", "title": "Commission Regulation (EEC) No 3662/91 of 16 December 1991 amending Regulation (EEC) No 3106/91 on a protective measure applicable to imports of provisionally preserved cultivated mushrooms", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-16", "subjects": "import restriction,mushroom-growing", "workIds": "celex:31991R3662,oj:JOL_1991_348_R_0048_038", "eurovoc_concepts": ["import restriction", "mushroom-growing"], "url": "http://publications.europa.eu/resource/cellar/8a91aa7a-e45c-4903-96a8-0e4e53f144b0", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/799f81d3-64c0-4de2-bea1-36eabdd60c9f", "title": "Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-16", "subjects": "civil aviation,crew,recognition of diplomas,transport licence", "workIds": "celex:31991L0670,oj:JOL_1991_373_R_0021_012", "eurovoc_concepts": ["civil aviation", "crew", "recognition of diplomas", "transport licence"], "url": "http://publications.europa.eu/resource/cellar/799f81d3-64c0-4de2-bea1-36eabdd60c9f", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/fb20d858-59f1-4699-a201-6e1714121ee8", "title": "Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part - Agreement in the form of an Exchange of Letters between the Economic Community and Hungary concerning Article 66", "langIdentifier": "ENG", "mtypes": "html,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Economic Community,Hungary", "date": "1991-12-16", "subjects": "Hungary,association agreement (EU),award of contract,nationality of legal persons,trade agreement (EU)", "workIds": "celex:21993A1231(14)", "eurovoc_concepts": ["Hungary", "association agreement (EU)", "award of contract", "nationality of legal persons", "trade agreement (EU)"], "url": "http://publications.europa.eu/resource/cellar/fb20d858-59f1-4699-a201-6e1714121ee8", "lang": "eng", "formats": ["html", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6c242b50-6bd3-495d-b5e6-31fdb6ed7980", "title": "92/45/EEC: Commission Decision of 16 December 1991 approving the plan concerning infectious haemopoietic necrosis and viral haemorrhagic septicaemia presented by Portugal (Only the Portuguese text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-16", "subjects": "EU financing,Portugal,animal disease,fish farming", "workIds": "celex:31992D0045,oj:JOL_1992_017_R_0029_030", "eurovoc_concepts": ["EU financing", "Portugal", "animal disease", "fish farming"], "url": "http://publications.europa.eu/resource/cellar/6c242b50-6bd3-495d-b5e6-31fdb6ed7980", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9b85eb31-4d6e-4109-95f2-20fd77c2c953", "title": "Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino - Declarations", "langIdentifier": "ENG", "mtypes": "html,pdf,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Belgium,Denmark,European Economic Community,France,Germany,Greece,Ireland,Italy,Luxembourg,Netherlands,Portugal,San Marino,Spain,United Kingdom", "date": "1991-12-16", "subjects": "San Marino,cooperation agreement (EU),customs union,tariff agreement,trade agreement,trade cooperation", "workIds": "celex:22002A0328(01)", "eurovoc_concepts": ["San Marino", "cooperation agreement (EU)", "customs union", "tariff agreement", "trade agreement", "trade cooperation"], "url": "http://publications.europa.eu/resource/cellar/9b85eb31-4d6e-4109-95f2-20fd77c2c953", "lang": "eng", "formats": ["html", "pdf", "print"], "text": "28. 3. 2002\n\nEN\n\nOfficial Journal of the European Communities\n\nL 84/43\n\non Cooperation and Customs Union between the European Economic Community and the\nRepublic of San Marino\n\nAGREEMENT\n\nHIS MAJESTY THE KING OF THE BELGIANS,\n\nHER MAJESTY THE QUEEN OF DENMARK,\n\nTHE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,\n\nTHE PRESIDENT OF THE HELLENIC REPUBLIC,\n\nHIS MAJESTY THE KING OF SPAIN,\n\nTHE PRESIDENT OF THE FRENCH REPUBLIC,\n\nTHE PRESIDENT OF IRELAND,\n\nTHE PRESIDENT OF THE ITALIAN REPUBLIC,\n\nHIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,\n\nHER MAJESTY THE QUEEN OF THE NETHERLANDS,\n\nTHE PRESIDENT OF THE PORTUGUESE REPUBLIC,\n\nHER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,\n\nwhose States are Contracting Parties to the Treaty establishing the European Economic Community, and\n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\n\nof the one part, and\n\nTHE REPUBLIC OF SAN MARINO,\n\nof the other part,\n\nRESOLVED to consolidate and extend the extend the existing close relations between the European Economic Community\nand the Republic of San Marino,\n\nCONSIDERING THAT existing links between the two Parties, particularly in the commercial, economic, social and cultural\nsectors, should be strengthened by establishing cooperation between San Marino and the European Economic Community\nin respect of all matters of common interest,\n\nCONSIDERING THAT, owing to the situation of San Marino and its present status within the customs territory of the\nCommunity, a customs union should be established between the Republic of San Marino and the European Economic\nCommunity,\n\nHAVE AGREED AS FOLLOWS:\n\nArticle 1\n\nArticle 3\n\nThe purpose of\nthis Agreement between the European\nEconomic Community and the Republic of San Marino is to\nestablish a customs union between the two Parties and\npromote comprehensive cooperation between them with the\naim of contributing to the social and economic development of\nthe Republic of San Marino and strengthening relations\nbetween the Parties. TITLE I\n\nCUSTOMS UNION\n\nArticle 2\n\nA customs union is hereby established between the European\nEconomic Community and the Republic of San Marino for\nproducts covered by Chapters 1 to 97 of\nthe Common\nCustoms Tariff, except products falling within the scope of the\nTreaty establishing the European Coal and Steel Community. 1. The provisions of this Title shall apply to:\n\n(a) goods produced in the Community or in the Republic of\nSan Marino,\nincluding those obtained wholly or in part\nfrom products which come from third countries and are in\nfree circulation in the Community or in San Marino;\n\n(b) goods which come from third countries and are in free\ncirculation in the Community or in the Republic of San\nMarino. 2. Products coming from third countries shall be considered\nto be in free circulation in the Community or in the Republic\nof San Marino if the import formalities have been complied\nwith and any customs duties or charges having equivalent\neffect which are payable have been levied, and there has been\nno total or partial drawback of such duties or charges in\nrespect of the said products. L 84/44\n\nEN\n\nOfficial Journal of the European Communities\n\n28. 3. 2002\n\nArticle 4\n\ntions where necessary for the proper functioning of the Agree-\nment. The provisions of this Title shall also apply to goods obtained\nor produced in the Community or in the Republic of San\nMarino in the manufacture of which were used products\ncoming from third countries and not in free circulation either\nin the Community or in San Marino. These provisions shall,\nhowever,\nexporting\nContracting Party levies the customs duties laid down in the\nCommunity for third country products used in their manufac-\nture. apply to those goods only if\n\nthe\n\nArticle 5\n\n1. The Contracting Parties shall refrain from introducing\nbetween themselves any new customs duties on imports or\nexports or charges having equivalent effect. 2. The Republic of San Marino also undertakes not to adjust\nduties referred to in paragraph 1 as applied to imports from\nthe Community on 1 January 1991, without prejudice to\nexisting commitments between San Marino and Italy pursuant\nto the Exchange of Letters of 21 December 1972. Article 6\n\n1. Trade between the Community and the Republic of San\nMarino shall be exempt from all import and export duties and\ncharges having equivalent effect, subject to the provisions of\nparagraphs 2 and 3. that\n\nIn order\n\n2. the charges having equivalent effect\ncurrently applied to imports from the Community may be\nabolished on 1 January 1996, the Republic of San Marino\nundertakes to introduce, within six months of the entry into\nforce of this Agreement, a supplementary tax corresponding to\nthat currently levied on imported goods, to be chargeable on\ndomestic products\nintended for home consumption. The\nsupplementary tax will apply in full on the above date. It shall\nbe applicable as a countervailing measure and shall be calcu-\nlated on the added value of domestic products at rates equal to\nthose applied to imported goods of a similar kind. 3. (a) On the\n\nentry into force of\n\nthe\nCommunity, with the exception of the Kingdom of Spain\nand the Portuguese Republic, shall admit imports from\nthe Republic of San Marino exempt from customs duty. the Agreement,\n\n(b) From the entry into force of\n\nthe\nKingdom of Spain and the Portuguese Republic shall\napply the same customs duties in respect of the Republic\nof San Marino as\nthe\nCommunity as constituted on 31 December 1985. they apply in respect of\n\nthe Agreement,\n\n4. In trade in agricultural products between the Community\nand San Marino, the Republic of San Marino undertakes to\nadopt Community veterinary, plant health and quality regula-\n\nArticle 7\n\n1. From the entry into force of the Agreement the Republic\nof San Marino shall apply in respect of countries not members\nof the Community:\n\n\u2014 the Common Customs Tariff,\n\n\u2014 laws, regulations and administrative provisions applicable\nto customs matters in the Community and necessary for\nthe proper functioning of the customs union,\n\n\u2014 the common commercial policy of the Community,\n\n\u2014 Community regulations on trade in agricultural products\ncovered by Annex II to the Treaty establishing the Euro-\npean Economic Community, with the exception of refunds\nand compensatory amounts accorded for exports,\n\n\u2014 Community veterinary, plant health and quality regulations\nwhere necessary for the proper functioning of the Agree-\nment. The provisions referred to in this paragraph shall be those\napplicable at the time in the Community. 2. The provisions referred to in the second to fifth indents\nof paragraph 1 shall be determined in greater detail be the\nCooperation Committee. 3. By way of derogation from the first indent of paragraph\n1, publications, works of art, scientific or teaching materials\nand medical supplies or equipment offered to the Government\nof\ninsignia, medals, stamps,\nprinted matter and other similar objects or paper destined for\nuse by the Government shall be exempt from customs duties. the Republic of San Marino,\n\nArticle 8\n\n1. (a) Over a period of five years from the entry into force of\nthe Agreement, and beyond that period if no agreement\ncan be reached in accordance with 1(b), the Republic of\nSan Marino shall authorise the Community, acting on\nbehalf of, and for, San Marino, to carry out customs\nclearance formalities, in particular release for free circula-\ntion of products sent\nfrom third countries to San\nMarino. Such formalities will be effected by Community\ncustoms offices. (b) At the end of this period, and under Article 26, the\nRepublic of San Marino may exercise its right to carry\nout customs clearance formalities, following agreement\nof the Contracting Parties. 2. Where import duties are payable on goods pursuant to\nparagraph 1, these duties shall be levied on behalf of the\nRepublic of San Marino. San Marino shall undertake not to\nrefund these sums directly or\nindirectly to the parties\nconcerned, subject to the provisions of paragraph 4. 28. 3. 2002\n\nEN\n\nOfficial Journal of the European Communities\n\nL 84/45\n\n3. The Cooperation Committee shall decide on:\n\n(a) possible changes\n\nto the list of\n\nthe customs offices\ncompetent to clear the goods referred to in paragraph 1\nand the procedure for forwarding the said goods to the\nRepublic of San Marino;\n\n(b) the\n\nfor\n\narrangements\n\nassigning to the San Marino\nExchequer the amounts collected in accordance with para-\ngraph 2, and the percentage to be deducted by the Euro-\npean Economic Community to cover administrative costs\nin accordance with the relevant regulations in force within\nthe Community;\n\nquestion shall provide the Cooperation Committee with all\nrelevant information required for a detailed examination of the\nsituation with a view to seeking a solution acceptable to the\nContracting Parties. At the request of the other Contracting\nParty, consultations shall take place within the Cooperation\nCommittee before the Contracting Party concerned takes\nappropriate measures. exceptional\n\n3. Where\nimmediate\naction making prior examination impossible, the Contracting\nParty concerned may apply forthwith such precautionary meas-\nures as are strictly necessary to remedy the situation. circumstances\n\nrequire\n\n(c) any other arrangements necessary for the proper imple-\n\nmentation of this Article. 4. The taxes and levies on imports of agricultural products\nmay be used by San Marino for aiding production or exports. San Marino undertakes, however, not to accord higher export\nrefunds or compensatory amounts than those accorded by the\nEuropean Economic Community for exports to third countries. Article 9\n\nQuantitative restrictions on imports and exports and all meas-\nures having equivalent effect between the Community and the\nRepublic of San Marino shall be prohibited from the entry into\nforce of the Agreement. Article 10\n\nThe Agreement shall not preclude prohibitions or restrictions\non imports, exports or goods in transit justified on grounds of\npublic morality, public policy or public security, the protection\nof health and life of humans, animals or plants, the protection\nof national treasures possessing artistic, historic or archaeolog-\nical value, the protection of industrial or commercial property,\nor controls relating to gold and silver. Such prohibitions or\nrestrictions shall not, however, constitute a means of arbitrary\ndiscrimination or a disguised restriction on trade between the\nContracting Parties. Article 11\n\nThe Contracting Parties shall refrain from any domestic tax\nmeasure or practice leading directly or indirectly to discrim-\nination between the products of one Contracting Party and\nsimilar products from the other Contracting Party. Products sent to the territory of one of the Contracting Parties\nshall not be eligible for a refund of domestic charges which is\nhigher than the charges which have been levied directly or\nindirectly. Article 12\n\nthe Contracting Parties,\n\nIf serious disturbances arise in any sector of the economy\n1. of one of\nthe Contracting Party\nconcerned may take the necessary safeguard measures in\naccordance with the procedures, and subject to the conditions,\nof the paragraphs below. In the case referred to in paragraph 1, before taking the\n2. measures provided for therein or,\nin the cases covered by\nparagraph 3, as soon as possible, the Contracting Party in\n\n4. In the selection of measures, priority must be given to\nthose which least disturb the functioning of the Agreement. Such measures must not exceed the limits of what is strictly\nnecessary to counteract the difficulties that have arisen. The safeguard measures must be notified immediately to the\nCooperation Committee, which shall hold regular consultations\non them, particularly with a view to their abolition as soon as\ncircumstances permit. Article 13\n\n1. In addition to the cooperation provided for in Article\n23(8), the administrative authorities of the Contracting Parties\nresponsible for implementing the provisions of this Agreement\nshall assist each other in other cases so as to ensure compliance\nwith the provisions. Procedures for the application of paragraph 1 shall be\n\n2. laid down by the Cooperation Committee. TITLE II\n\nCOOPERATION\n\nArticle 14\n\nThe Community and the Republic of San Marino shall institute\ncooperation with the aim of strengthening existing links\nbetween them on as broad a basis as possible for the mutual\nbenefit of the Parties, taking account of their respective powers. Cooperation shall focus on the priority areas referred to in\nArticles 15 to 18 of this Title. Article 15\n\nThe Contracting Parties undertake to encourage the growth and\ndiversification of\nthe\neconomy of San Marino, focusing their cooperation activities\non small and medium-sized enterprises. the industrial and services sectors of\n\nArticle 16\n\nThe Contracting Parties undertake to cooperate on matters\nrelating to environmental protection and improvement with\nthe aim of resolving the problems caused by contamination of\nwater, soil and air, by erosion and by deforestation. They will\npay special attention to the problems of pollution in the\nAdriatic Sea. L 84/46\n\nEN\n\nOfficial Journal of the European Communities\n\n28. 3. 2002\n\nArticle 17\n\nIn accordance with their respective laws,\nthe Contracting\nParties shall support cooperation in the tourism sector through\noperations such as the exchange of officials and experts on\ntourism, exchanges of information and tourist statistics, and\ntraining in hotel management and administration. In this\ncontext, the Contracting Parties shall pay particular attention to\nthe promotion of out-of-season tourism in San Marino. Article 18\n\nThe Contracting Parties agree to undertake joint operations in\nto\ncommunications,\nstrengthen existing links between them. cultural matters\n\ninformation\n\nand\n\nSuch operations may take the following forms:\n\n\u2014 exchanges of information on subjects of mutual interest in\n\nthe fields of culture and information,\n\n\u2014 events of a cultural nature,\n\n\u2014 cultural exchanges,\n\n\u2014 academic exchanges. Article 19\n\nThe Contracting Parties may enlarge the scope of this Agree-\nment by mutual consent in order to supplement the areas of\ncooperation through agreements on specific sectors or activi-\nties. TITLE III\n\nSOCIAL PROVISIONS\n\nArticle 20\n\nThe treatment accorded by each Member State to workers of\nSan Marino nationality employed in its territory shall be free\nfrom any discrimination based on nationality in relation to its\nown nationals as regards working conditions or remuneration. The Republic of San Marino shall accord the same treatment to\nworkers who are nationals of a Member State and employed in\nits territory. Article 21\n\n1. Subject to the provisions of the following paragraphs,\nworkers of San Marino nationality and any members of their\nin the field of social\nfamilies living with them shall enjoy,\nsecurity, treatment free from discrimination based on nation-\nality in relation to nationals of Member States in which they\nare employed. All periods of\n\ninsurance, employment or\n\nresidence\n2. completed by such workers in the various Member States shall\nbe added together for the purpose of pensions and annuities in\nrespect of old age, death and invalidity, and also for the\npurpose of medical care for the workers and for members of\ntheir families resident in the Community. The workers in question shall receive family allowances\nin the\n\nfamilies who are resident\n\ntheir\n\n3. for members of\nCommunity. 4. The workers in question shall be able to transfer freely to\nSan Marino, at the rates applied by virtue of the law of the\ndebtor Member State or States, any pensions or annuities in\nrespect of disability, old age, death, industrial accident or occu-\npational disease. 5. The Republic of San Marino shall accord to workers who\nare nationals of a Member State and employed in its territory,\nand to members of their families, treatment similar to that\nspecified in paragraphs 1, 3 and 4. Article 22\n\nBefore the end of the first year following the entry into\n1. force of\nthe Cooperation Committee shall\nadopt provisions to implement the principles set out in Article\n21. this Agreement,\n\nThe Cooperation Committee shall adopt detailed rules for\n2. administrative cooperation providing the necessary manage-\nment and control guarantees for the application of the provi-\nsions referred to in paragraph 1. 3. The provisions adopted by the Cooperation Committee\nshall not affect the rights or obligations arising from bilateral\nagreements between San Marino and Member States of the\nCommunity where those agreements provide for more favour-\nable treatment of nationals of San Marino or the Member\nStates. TITLE IV\n\nGENERAL AND FINAL PROVISIONS\n\nArticle 23\n\n1. A Cooperation Committee is hereby set up with responsi-\nbility for administering the Agreement and ensuring that it is\nproperly implemented. To that end it shall formulate recom-\nmendations. It shall take decisions in the cases provided for in\nthe Agreement. The decisions\nshall be executed by the\nContracting Parties in accordance with their own regulations. 2. With a view to the proper implementation of the Agree-\nment, the Contracting Parties shall carry out exchanges of\ninformation and, at the request of either Party, shall consult\ntogether in the Cooperation Committee. The Cooperation Committee shall draw up its own rules\n\n3. of procedure. 4. The Cooperation Committee shall be composed, on the\none hand, of representatives of the Commission, assisted by\ndelegates of the Member States and, on the other, of represen-\ntatives of the Republic of San Marino. The Cooperation Committee shall\n\n5. common accord. take decisions by\n\n\f28. 3. 2002\n\nEN\n\nOfficial Journal of the European Communities\n\nL 84/47\n\nThe Cooperation Committee shall be chaired by each of\n6. the Contracting Parties in turn in accordance with the arrange-\nments to be established in its Rules of Procedure. 7. The Cooperation Committee shall meet at the request of\neither of the Contracting Parties, to be lodged at least one\nmonth before the date of the intended meeting. Where the\nCommittee is convened under Article 12, it shall meet within\neight working days of the date on which the date is lodged. In accordance with the procedure laid down in paragraph\n8. the Cooperation Committee shall establish methods of\n1,\nadministrative cooperation for\nthe purposes of applying\nArticles 3 and 4, taking as a basis the methods adopted by the\nCommunity in respect of trade between the Member States. Article 24\n\n1. Any disputes arising between the Contracting Parties over\nthe interpretation of the Agreement shall be put before the\nCooperation Committee. Article 26\n\nThis Agreement is concluded for an unlimited duration. Within\nno more than five years of its entry into force, the two Parties\nshall begin consultations to examine the results of its applica-\ntion and, if necessary, open negotiations on its amendment in\nthe light of that examination. Article 27\n\nEither Contracting Party may denounce this Agreement by\nnotifying the other Contracting Party in writing. In that case,\nthe Agreement shall cease to have effect six months after the\ndate of such notification. Article 28\n\nThis Agreement replaces provisions of agreements concluded\nbetween Member States of the Community and the Republic of\nSan Marino that conflict with it, or which are identical. Article 29\n\nIf\n\n2. the Cooperation Committee does not succeed in\nsettling the dispute at its next meeting, each Party may notify\nthe other of the designation of an arbitrator; the other Party\nshall then be required to designate a second arbitrator within\ntwo months. This Agreement shall apply, on the one hand, to the territories\nin which the Treaty establishing the European Economic\nCommunity is applied and under the conditions laid down in\nthat Treaty and, on the other, to the territory of the Republic of\nSan Marino. The Cooperation Committee shall designate a third arbitrator. The arbitrators' decisions shall be taken by majority vote. Each Party in the dispute shall be required to take the measures\nneeded to ensure the application of the arbitrators' decision. Article 25\n\nIn trade covered by the Agreement:\n\n\u2014 the arrangements applied by the Republic of San Marino in\nrespect of the Community may not give rise to any discrim-\nination between the Member States, their nationals, or their\ncompanies,\n\nArticle 30\n\nThis Agreement will be approved by the Contracting Parties in\naccordance with their own procedures. This Agreement shall enter into force on the first day of the\nthe procedures\nsecond month following notification that\nreferred to in the first subparagraph have been complied with. Article 31\n\nThe Annex to this Agreement shall\nthereof. form an integral part\n\nArticle 32\n\n\u2014 the arrangements applied by the Community in respect of\nSan Marino may not give rise to any discrimination\nbetween San Marino nationals or companies. This Agreement is drawn up in two originals in the Danish,\nDutch, English, French, German, Greek, Italian, Portuguese and\nSpanish languages, each text being equally authentic. L 84/48\n\nEN\n\nOfficial Journal of the European Communities\n\n28. 3. 2002\n\nHecho en Bruselas, el diecis\u00e9is de diciembre de mil novecientos noventa y uno. Udf\u00e6rdiget i Bruxelles, den sekstende december nitten hundrede og enoghalvfems. Geschehen zu Br\u00fcssel am sechzehnten Dezember neunzehnhunderteinundneunzig. \u0388\u03b3\u03b9\u03bd\u03b5 \u03c3\u03c4\u03b9\u03c2 \u0392\u03c1\u03c5\u03be\u03ad\u03bb\u03bb\u03b5\u03c2, \u03c3\u03c4\u03b9\u03c2 \u03b4\u03ad\u03ba\u03b1 \u03ad\u03be\u03b9 \u2206\u03b5\u03ba\u03b5\u00b5\u03b2\u03c1\u03af\u03bf\u03c5 \u03c7\u03af\u03bb\u03b9\u03b1 \u03b5\u03bd\u03bd\u03b9\u03b1\u03ba\u03cc\u03c3\u03b9\u03b1 \u03b5\u03bd\u03b5\u03bd\u03ae\u03bd\u03c4\u03b1 \u03ad\u03bd\u03b1. Done at Brussels on the sixteenth day of December in the year one thousand nine hundred and ninety-one. Fait \u00e0 Bruxelles,\n\nle seize d\u00e9cembre mil neuf cent quatre-vingt-onze. Fatto a Bruxelles, add\u00ec sedici dicembre millenovecentonovantuno. Gedaan te Brussel, de zestiende december negentienhonderd eenennegentig. Feito em Bruxelas, em dezasseis de Dezembro de mil novecentos e noventa e um. Pour Sa Majest\u00e9 le Roi des Belges\n\nVoor Z\u0133ne Majesteit de Koning der Belgen\n\nFor Hendes Majest\u00e6t Danmarks Dronning\n\nF\u00fcr den Pr\u00e4sidenten der Bundesrepublik Deutschland\n\n\u0393\u03b9\u03b1 \u03c4\u03bf\u03bd \u03a0\u03c1\u03cc\u03b5\u03b4\u03c1\u03bf \u03c4\u03b7\u03c2 \u0395\u03bb\u03bb\u03b7\u03bd\u03b9\u03ba\u03ae\u03c2 \u2206\u03b7\u00b5\u03bf\u03ba\u03c1\u03b1\u03c4\u03af\u03b1\u03c2\n\n\f28. 3. 2002\n\nEN\n\nOfficial Journal of the European Communities\n\nL 84/49\n\nPor Su Majestad el Rey de Espa\u00f1a\n\nPour le Pr\u00e9sident de la R\u00e9publique fran\u00e7aise\n\nFor the President of Ireland\n\nThar ceann Uachtar\u00e1n na hEireann\n\nPer il presidente della Repubblica italiana\n\nPour Son Altesse Royale le Grand-Duc de Luxembourg\n\nVoor Hare Majesteit de Koningin der Nederlanden\n\n\fL 84/50\n\nEN\n\nOfficial Journal of the European Communities\n\n28. 3. 2002\n\nPelo Presidente da Rep\u00fablica Portuguesa\n\nFor Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland\n\nPor el Consejo de las Comunidades Europeas\n\nFor R\u00e5det for De Europ\u00e6iske F\u00e6llesskaber\n\nF\u00fcr den Rat der Europ\u00e4ischen Gemeinschaften\n\n\u0393\u03b9\u03b1 \u03c4\u03bf \u03a3\u03c5\u00b5\u03b2\u03bf\u03cd\u03bb\u03b9\u03bf \u03c4\u03c9\u03bd \u0395\u03c5\u03c1\u03c9\u03c0\u03b1\u03ca\u03ba\u03ce\u03bd \u039a\u03bf\u03b9\u03bd\u03bf\u03c4\u03ae\u03c4\u03c9\u03bd\n\nFor the Council of the European Communities\n\nPour le Conseil des Communaut\u00e9s europ\u00e9ennes\n\nPer il Consiglio delle Comunit\u00e0 europee\n\nVoor de Raad van de Europese Gemeenschappen\n\nPelo Conselho das Comunidades Europeias\n\nPer la Repubblica di San Marino\n\n\f28. 3. 2002\n\nEN\n\nOfficial Journal of the European Communities\n\nL 84/51\n\nANNEX\n\nList of customs offices referred to in Article 8(1)(a)\n\nLivorno\n\nRavenna\n\nRimini\n\nTrieste\n\n\fL 84/52\n\nEN\n\nOfficial Journal of the European Communities\n\n28. 3. 2002\n\nDECLARATION BY THE COMMUNITY\n\nWhere the scale of trade flows so warrants, the Community is prepared to negotiate on behalf of, and for,\nthe Republic of San Marino with countries with which it has concluded preferential agreements for an\nappropriate form of recognition of equivalent treatment for products originating in San Marino and\nproducts originating in the Community. DECLARATION BY THE COMMUNITY\n\non transport\n\nAt an appropriate moment and in the light, notably, of progress made in drawing up a Community\ntransport policy, the Community will\nlook into the issue of San Marino's access to the market for\ninternational transport of passengers and goods by road. DECLARATION BY THE COMMUNITY\n\non the Erasmus programme\n\nThe Community will examine with a positive ear San Marino's wish to participate, when the time is ripe, in\nthe Erasmus programme for exchanges of students and teachers. DECLARATION BY THE COMMUNITY\n\non certain subjects which may be raised in the Cooperation Committee\n\nThe Community is ready to examine, within the framework of its powers and the Cooperation Committee,\nin particular:\nany problems that may arise between San Marino and the Community in the fields of,\n\n\u2014 trade in services,\n\n\u2014 intellectual,\n\nindustrial and commercial property rights,\n\n\u2014 recognition of qualifications,\n\n\u2014 assessment of products' conformity with technical regulations. DECLARATION BY THE MEMBER STATES\n\nconcerning the minutes of the negotiations\n\nEach Member State will look favourably on requests made by San Marino concerning authorisations for the\ntransport of passengers or freight by road"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a8caecfa-a111-4233-a91c-c095ba986530", "title": "Council Directive 91/671/EEC of 16 December 1991 on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-16", "subjects": "approval,approximation of laws,marketing standard,motor vehicle,safety device,technical standard", "workIds": "celex:31991L0671,oj:JOL_1991_373_R_0026_013", "eurovoc_concepts": ["approval", "approximation of laws", "marketing standard", "motor vehicle", "safety device", "technical standard"], "url": "http://publications.europa.eu/resource/cellar/a8caecfa-a111-4233-a91c-c095ba986530", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/47ccfea4-2a84-4559-802e-21588c8578bb", "title": "Glossarium. Alternatieve energiebronnen I.,Glossarium. Alternative Energiequellen I.,Glossarium. Alternative Energy Sources I.,Glossarium. Fonti alternative di energia I.,Glossarium. Nouvelles sources d'\u00e9nergie I.,Glossarium. Vedvarende energikilder I.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-16", "subjects": "energy research,substitute fuel", "workIds": "PUB_CB1883001", "eurovoc_concepts": ["energy research", "substitute fuel"], "url": "http://publications.europa.eu/resource/cellar/47ccfea4-2a84-4559-802e-21588c8578bb", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d09d82f9-d005-4e5f-b26d-f28201af4fcc", "title": "Council Regulation (EEC) No 3921/91 of 16 December 1991 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-16", "subjects": "carriage of goods,carriage of passengers,freedom of navigation,inland waterway shipping,intra-EU transport", "workIds": "celex:31991R3921,oj:JOL_1991_373_R_0001_009", "eurovoc_concepts": ["carriage of goods", "carriage of passengers", "freedom of navigation", "inland waterway shipping", "intra-EU transport"], "url": "http://publications.europa.eu/resource/cellar/d09d82f9-d005-4e5f-b26d-f28201af4fcc", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1991373EN. 01000101. xml\n\n\n\n\n\n\n\n\n\n\n31. 12. 1991\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 373/1\n\n\n\n\n\nCOUNCIL REGULATION (EEC) No 3921/91\nof 16 December 1991\nlaying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,\nHaving regard to the proposal from the Commission\u00a0(1),\nHaving regard to the opinion of the European Parliament\u00a0(2),\nHaving regard to the opinion of the Economic and Social Committee\u00a0(3),\nWhereas, pursuant to Article 75 (1) (b) of the Treaty, the establishment of a common transport policy entails, inter alia, laying down the conditions under which non-resident carriers may operate transport services within a Member State;\nWhereas this provision entails the removal of all restrictions against the person providing the services in question on the grounds of his nationality or the fact that he is established in a different Member State from the one in which the service is to be provided;\nWhereas, in accordance with the general principles of the Treaty enshrining equality of treatment and with the case-law of the Court of Justice on this matter, non-resident carriers should be allowed to carry out national transport operations under the same conditions as those imposed by the Member State concerned on its own carriers;\nWhereas it is necessary to avoid distorting competition and disturbing the organization of the markets in question;\nWhereas the laws, regulations and administrative provisions in force in the Member State in which the services are provided, in so far as the application thereof implies restrictions on the freedom to provide services, must be justified by the general interest; whereas such provisions are applicable only in so far as the general interest is not already safeguarded by provisions to which non-resident carriers are subject in the Member State in which they are established and in so far as the same result cannot be obtained by less binding rules;\nWhereas provision should be made for a transitional period,\nHAS ADOPTED THIS REGULATION:\nArticle 1\nWith effect from 1 January 1993, any carrier of goods or passengers by inland waterway shall be permitted to carry out the national transport of goods or persons by inland waterway for hire or reward in a Member State in which he is not established, hereinafter called \u2018cabotage\u2019, provided that:\n\n\n\n\n\n\n\u2014\n\n\nhe is established in a Member State in accordance with its legislation and, where appropriate,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nhe is entitled there to carry out the international transport of goods or persons by inland waterway. If he fulfils those conditions, he may temporarily carry on cabotage in the Member State concerned without having to set up a registered office or other establishment there. Article 2\n1. For a carrier to be permitted to carry out cabotage, he may furthermore use for this purpose only vessels whose owner or owners are:\n\n\n\n\n\n\n(a)\n\n\nnatural persons domiciled in a Member State and who are Member States nationals;\nor\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nlegal persons:\n\n\n\n\n\n\n(i)\n\n\nwhich have their registered place of business in a Member State;\nand\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nthe majority holding in which or majority of which belongs to Member State nationals. 2. A Member State may exceptionally provide for derogations from the condition referred to in paragraph 1 (b) (ii). It shall consult the Commission on the determining criteria to be taken into consideration. 3. A certificate issued by the Member State in which the vessel is registered or, if it is not registered, by the Member State in which the owner is established, shall be produced to prove that the carrier complies with the conditions laid down in paragraph 1. This certificate must be kept on board the vessel. The document certifying that a vessel belongs to Rhine Navigation, provided for in Council Regulation (EEC) No 2919/85 of 17 October 1985 laying down the conditions for access to the arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine Navigation\u00a0(4), shall replace the certificate referred to in the first paragraph. Article 3\n1. The carrying out of cabotage operations shall be subject to the laws, regulations and administrative provisions in force in the host Member State in the following fields, subject to the application of Community rules:\n\n\n\n\n\n\n(a)\n\n\nrates and conditions governing transport contracts, and chartering and operating procedures;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ntechnical specifications for vessels. The technical specifications which must be met by vessels used for carrying out cabotage operations shall be those imposed on vessels authorized to carry out international transport operations;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nnavigation and police regulations;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nnavigation time and rest periods;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nVAT (value added tax) on transport services. 2. The provisions referred to in paragraph 1 must be applied to non-resident carriers under the same conditions as those which that Member State imposes on its own nationals, in order to effectively prevent any discrimination on grounds of nationality or place of establishment. 3. If it is established that, taking practice into account, it is necessary to adapt the list of fields covered by the provisions of the host Member State as referred to in paragraph 1, the Council shall amend that list acting by a qualified majority on a Commission proposal. Article 4\nUntil 1 January 1995, notwithstanding Article 1 and without prejudice to Article 5:\n\n\n\n\n\n\n(a)\n\n\nthe French Republic may restrict cabotage on its territory to two trips on the direct return journey following; on from an international goods or passenger transport operation;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe Federal Republic of Germany may restrict cabotage on its territory to only one trip on the direct return journey following on from an international goods or passenger transport operation;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\ntransport operations between ports situated within the Lander of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Th\u00fcringia, as well as Berlin, shall be excluded from the scope of this Regulation. Article 5\nMember States shall not introduce any new restrictions applicable to Community carriers on the freedom to provide services which has in fact been attained at the date of entry into force of this Regulation. Article 6\nThis Regulation shall not affect the rights existing under the Revised Convention for the navigation of the Rhine (Convention of Mannheim). Article 7\nMember States shall in due course the laws, regulations and administrative provisions necessary to implement this Regulation and shall inform the Commission thereof. This Regulation shall be binding in its entirety and directly applicable in all member States. Done at Brussels, 16 December 1991. For the Council\n\n\nThe President\n\nH. MAIJ-WEGGEN\n\n\n\n\n(1)\u00a0\u00a0OJ No C 331, 20. 12. 1985, p. 2. (2)\u00a0\u00a0OJ No C 255, 13. 10. 1986, p. 229. (3)\u00a0\u00a0OJ No C 328, 22. 12. 1986, p. 34. (4)\u00a0\u00a0OJ No L 280, 22. 10. 1985, p. 4"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3c8ef6eb-e8ee-4827-816c-536f62e15b7f", "title": "Commission Regulation (EEC) No 3868/91 of 16 December 1991 fixing the storage premium for certain fishery products for the 1992 fishing year", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-16", "subjects": "crustacean,economic support,storage", "workIds": "celex:31991R3868,oj:JOL_1991_363_R_0023_024", "eurovoc_concepts": ["crustacean", "economic support", "storage"], "url": "http://publications.europa.eu/resource/cellar/3c8ef6eb-e8ee-4827-816c-536f62e15b7f", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0006b317-0bdd-4668-87ac-87b427f279a6", "title": "Commission Regulation (EEC) No 3864/91 of 16 December 1991 fixing, for the 1992 fishing year, the withdrawal and selling prices for fishery products listed in Annex I (A), (D) and (E) of Council Regulation (EEC) No 3796/81", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-16", "subjects": "guide price,selling price,withdrawal price", "workIds": "celex:31991R3864,oj:JOL_1991_363_R_0002_020", "eurovoc_concepts": ["guide price", "selling price", "withdrawal price"], "url": "http://publications.europa.eu/resource/cellar/0006b317-0bdd-4668-87ac-87b427f279a6", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b6f1fa7a-8c88-40f9-8cb7-ff4199ef9b43", "title": "Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part - Exchange of Letters between the European Economic Community ('the Community') and Hungary on land transport infrastructure", "langIdentifier": "ENG", "mtypes": "html,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Economic Community,Hungary", "date": "1991-12-16", "subjects": "Hungary,Union transit,association agreement (EU),combined transport,inland waterway transport,rail transport,road transport,transport infrastructure", "workIds": "celex:21993A1231(17)", "eurovoc_concepts": ["Hungary", "Union transit", "association agreement (EU)", "combined transport", "inland waterway transport", "rail transport", "road transport", "transport infrastructure"], "url": "http://publications.europa.eu/resource/cellar/b6f1fa7a-8c88-40f9-8cb7-ff4199ef9b43", "lang": "eng", "formats": ["html", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2ceaf049-869e-4d8a-add8-09acfc843013", "title": "Agreement in the form of an exchange of letters between the European Economic Community and Poland concerning certain arrangements in the pig and poultry sectors", "langIdentifier": "ENG", "mtypes": "html,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Economic Community,Poland", "date": "1991-12-16", "subjects": "Poland,agricultural levy,bilateral agreement,exchange of information,originating product,poultry,swine,trade agreement (EU)", "workIds": "celex:21993A1231(19)", "eurovoc_concepts": ["Poland", "agricultural levy", "bilateral agreement", "exchange of information", "originating product", "poultry", "swine", "trade agreement (EU)"], "url": "http://publications.europa.eu/resource/cellar/2ceaf049-869e-4d8a-add8-09acfc843013", "lang": "eng", "formats": ["html", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d1a97522-e87f-45de-b4e1-a62b8ba4f133", "title": "Proposal for a COUNCIL REGULATION ( EEC ) amending Council Regulation ( EEC ) No 1956/88 of 9 June 1988 adopting provisions for the application of the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organization", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-16", "subjects": "EU control,North-West Atlantic Fisheries Organisation,fishing vessel,safety standard", "workIds": "celex:51991PC0541,comnat:COM_1991_0541_FIN", "eurovoc_concepts": ["EU control", "North-West Atlantic Fisheries Organisation", "fishing vessel", "safety standard"], "url": "http://publications.europa.eu/resource/cellar/d1a97522-e87f-45de-b4e1-a62b8ba4f133", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 541 final \n\nBrussels, 16 December 1991 \n\nProposal for a \n\n\u00c7QUN\u00c7ll REGULATION (EEC) \n\namending Council Regulation (BBC) No 1956/88 of 9 June 1988 adopting \nprovisions for the application of the Scheme of Joint International \nInspection adopted by the Northwest Atlantic Fisheries Organization \n\n(presented by the Commission) \n\n\f1-\n\nEXPLANATORY MEMORANDUM \n\nThe Community participates in the Scheme of Joint International Enforcement \n\nof the Northwest Atlantic Fisheries Organization (NAFO) in respect of fishing \n\nactivities in the Northwest Atlantic area. This Scheme, which has been in \n\noperation since 1988, provides inter alia for reciprocal rights of boarding \n\nand inspection by the Contracting Parties and for Flag State prosecution on \n\nthe basis of the results of the inspection. With a view to improving the functioning of the said scheme, the Fisheries \n\nCommission of NAFO adopted certain proposals at its 1 3th Annual Meeting \n\nheld in Dartmouth, Canada on 13 September 1991. These proposals, which \n\nextend the enforcement scheme to include aerial surveillance, are acceptable \n\nto the Community. The purpose of this proposal is therefore to apply the new \n\nNAFO Scheme of Joint International Inspection and Surveillance in the \n\nCommunity and to make certain other necessary related provisions. Council Regulation (EEC) No 1956/88 of 9 June 1988 is to be amended in order \n\nto incorporate the new NAFO Scheme. - /-\n\nPROPOSAL \nfor a \nCOUNCIL REGULATION (EEC) No \namending Council Regulation (EEC) No 1956/88 of 9 June 1988 adopting \nprovisions for the application of the Scheme of Joint International \nInspection adopted by the Northwest Atlantic Fisheries Organization \n\nof \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EEC) No 170/83 of 25 January 1983 \n\nestablishing a Community system for the conservation and management of \n\nfishery resources(*), and in particular Article 11 thereof, \n\nHaving regard to the proposal from the Commission^) \u201e \n\nWhereas Council Regulation (EEC) No 1956/88 of 9 June 1988 concerning \n\nprovisions for the application of the Scheme of Joint International \n\nInspection adopted by the Northwest Atlantic Fisheries Organization^3) \n\nimplements the Scheme of Joint International Inspection adopted by the NAFO \n\nFisheries Commission on 10 February 1988, \n\nWhereas the NAFO Fisheries Commission adopted on 13 September 1991 a proposal \n\nfor a modified scheme, now to be entitled \"Scheme of Joint International \n\nInspection and Surveillance\"; whereas pursuant to Article XI of the NAFO \n\nConvention, the proposal will, in the absence of objections, become a measure \n\nbinding upon Contracting Parties with effect from 2. 6 November 1991; whereas \n\nthe modified scheme is acceptable to the Community, \n\nWhereas provision should be made for adopting detailed rules for implementing \n\nthe modified scheme, \n\n(1) O. J. No L 24 of 27. 01. 1983, p. 1 \n(2) \n(3) O. J. No L 175 of 06. 07. 1988, p. 1. /. HAS ADOPTED THIS REGULATION: \n\n-? -\n? \n\nArticle 1 \n\nCouncil Regulation (EEC) No 1956/88 is hereby amended as follows: \n\n1. Article 1 is replaced by the following: \n\n\"The Scheme of Joint International Inspection and Surveillance, adopted \n\nby the NAFO Fisheries Commission on 13 September 1991, hereinafter \n\nreferred to as 'the Scheme', shall apply in the Community. \" \n\nThe text of the modified Scheme is attached to this Regulation. 2. Article 2. 1 is replaced by the following: \n\n\"The Commission of the European Communities shall assign Community \n\ninspectors to the Scheme. The inspectors may be appointed by the \n\nCommission or by a Member State. A Community inspector may be placed \n\non board any Member State vessel or aircraft engaged or about to be \n\nengaged in inspection or surveillance duties in the NAFO Regulatory \n\nArea. \" \n\nThis Regulation shall enter into force on the third day following its \n\npublication in the Official Journal of the European Communities. Article 2 \n\nThis Regulation shall be binding in its entirety and directly applicable in \n\nall Member States. Done at Brussels, \n\n1991 \n\nFor the Council, \n\nThe President \n\n\fSCHEME OF JOINT INTERNATIONAL INSPECTION AMD SURVEILLANCE \n\n1. (i) \n\nControl and surveillance shall be carried out by inspectors of the \nfishery control services of the Contracting Parties following \ntheir assignment to the Scheme of Joint International Inspection \nand surveillance, hereinafter referred to as \"the scheme\". (ii) \n\nThe appropriate authorities of the Contracting Parties shall \nnotify the Executive Secretary by November 1 each year of the \nnames of the inspectors and special inspection vessels (which term \nincludes fishing vessels carrying inspectors) and the type and \ncall sign of the helicopters or other aircraft which they are \nassigning to the scheme in accordance with paragraph 13 of the \nscheme. Modification by Contracting Parties to such notifications shall be \ncommunicated to the Executive Secretary with two months notice \nwhenever possible. (iii) Following notification to the Executive Secretary, and in the case \nof mutual agreement between the respective Contracting Parties, \ninspectors assigned by one Party may be placed on board the \nspecial inspection vessels or aircraft of another Party assigned \nto the scheme. (iv) \n\n(v) \n\n(vi) \n\nOn receipt of the notification of assignment to the scheme from \nthe Contracting Party, the Executive Secretary shall issue a \ndocument of identity, as shown in Annex I, to the respective \nauthority for each inspector of that Party. This document shall \nbe numbered. Each inspector shall carry and produce this document \nof identity upon boarding a vessel. Special inspection vessels and aircraft shall immediately notify \nthe Executive Secretary by radio/telex, facsimile or other \ncommunication of the date and time of commencing their duties \nunder the scheme. All inspectors on board shall be assumed to be \nNAFO inspectors. Between the times of commencing and terminating their duties under \nthe scheme inspectors and special inspection vessels and aircraft \nmay not, with respect to vessels and aircraft under the \njurisdiction of other Contracting Parties, enforce laws and \nregulations related to the zone of the Contracting Party which has \nassigned them. (vii) Special inspection vessels and aircraft shall immediately notify \nthe Executive Secretary by radio/telex of the date and time of \nterminating their duties under the scheme. /. (viii) In each case, the times referred to in subparagraph (vi) above \nshall be entered in the aircraft\u2022s or ship's log or its \nequivalent. The times stated in these entries, shall constitute \nthe times applicable to subparagraph (vi) above. In cases where \ncommunication of the notifications is not possible or practicable, \nthese entries shall constitute fulfillment of the obligations \nunder subparagraphs (v) and (vii). (ix) \n\nThe Executive Secretary shall circulate the substance of the \nnotifications received from any Contracting Party for the purposes \nof the scheme, to all members of the Fisheries Commission, \nhereinafter referred to as \"the Commission\" within 15 days of \nreceipt. 2. (i) \n\n(ii) \n\nIn its inspections a Contracting Party shall aim at ensuring equal \ntreatment between all Contracting Parties with vessels operating \nin the Regulatory Area through an equitable distribution of \ninspections. To ensure objectivity in the realization and distribution of \ninspections between the Contracting Parties, the number of \ninspections carried out by the vessels of a Contracting Party on \nvessels of any other Contracting Party shall, as far as possible, \nreflect the ratio of the inspected Party's fishing activity to the \ntotal fishing activity in the Regulatory Area, measured on the \nbasis of, inter alia, the level of catches and days on ground. 3. Appropriate authorities of Contracting Parties shall notify the Executive \nSecretary of the names of the authorities designated to receive immediate \nnotice of apparent infringements and the means by which they may receive \nand respond to communications. Where, at any time, more than 15 vessels of any one Contracting Party are \nengaged in fishing operations or in the processing or transferring of fish \nin the Regulatory Area, that Contracting Party shall, during that time, \nhave an inspector or other designated authority present in the Regulatory \nArea, or other designated authority present in a country of a Contracting \nParty adjacent to the Convention Area, to receive and respond, without \ndelay, to notice of apparent infringements. 4. (i) \n\nAny vessel or helicopter assigned to the scheme and carrying an \ninspector shall display the following signals to indicate that the \ninspector is carrying out inspections under the scheme: \n\n(a) during daylight hours, in conditions of normal visibility two \ninspection pennants as shown in Annex II, flown in a vertical \nline one above the other with distance between the two not \nexceeding one metre; \n\n(b) the boarding craft shall display one inspection pennant which \n\nis identical as shown in Annex II but which may be half-\nscale. (ii) \n\nSurveillance Aircraft assigned to the scheme shall have their \ninternational radio call sign clearly displayed. 5. (i) \n\nInspection and control under the scheme applies in the Regulatory \nArea to the following vessels: \n\n(a) fishing vessels which are or have been engaged in fishing \n\noperations in the Regulatory Area; \n\n(b) vessels, equipped for processing fish on board, which are or \nhave been engaged in fish transferring operations in the \nRegulatory Area; and, \n\n(c) transport vessels which are actually engaged in fish \n\ntransferring operations. (ii) \n\nThe master of a vessel to which the scheme applies shall \nfacilitate boarding when given the appropriate signal in the \nInternational Code of Signals by a vessel or helicopter carrying \nan inspector. The vessel to be boarded shall not be required to \nstop or manoeuvre when fishing, shooting, or hauling. The master \nshall nonetheless provide: \n\n(a) for vessels longer than 30 metres overall, a boarding ladder \n\nconstructed and used as described in Annex III; \n\n(b) such assistance to boardings from helicopters as specified or \n\nas qualified in Annex IV. In either case, the master shall observe the ordinary practice of \ngood seamanship to enable an inspection party to board as soon as \npracticable. (ill) The procedures established for personnel helicopter hoist \ntransfers shall not place a higher duty of care upon the master of \na fishing vessel than that required by international law. (iv) \n\nAn inspection party shall consist of at maximum, two inspectors \nassigned to the scheme. The use of arms in relation to the \ninspections is prohibited and, in particular, the inspectors shall \nnot carry arms. Notwithstanding the provisions of this section, \nthe principle of not carrying or using arms shall not be deemed to \nlimit the performance of inspections by a Contracting Party of \nvessels flying its own flag. (v) \n\nThe vessel in charge of a pair of trawling operations shall be \nrequired to identify itself by flying a pennant or flag on the \napproach of an inspector. 6. (i) \n\nInspections shall be made so that the vessel, its activities and \ncatch suffer the minimum interference and inconvenience. The \nduration of an inspection shall not exceed three hours, or until \nthe net is hauled in and the net and catch are inspected, \nwhichever is longer, but this time limitation shall not apply in \nthe case of an apparent infringement. -\u00e9 -\n\nIn the case of a difference between the recorded catches and the \nestimates of the inspector of the catch on board the vessel, the \ninspector may re-check calculations, procedures, the relevant \ndocumentation used to determine the catch summaries from the \nRegulatory Area and the catch on board the vessel; the inspector \nshall then leave the vessel within one hour following the \ncompletion of the original inspection. An inspector shall limit his inquiries to the ascertainment of the \nfacts in relation to the observance of those Commission's measures \nto which the Contracting Party for the inspected vessel has not \nobjected in accordance with Article XII of the Convention. The \ninspection shall be carried out using the report of inspection \nprescribed in Annex V. As regards Section 15 of Annex V, notwithstanding any objection of \nquotas made pursuant to Article XII of the Convention, inspectors \nshall summarize from logbook records, for the current voyage, the \nvessel's catch in the Regulatory Area by species and by division \nand shall record this summary on the inspection form. The current \nvoyage shall be defined for this purpose as beginning when the \nvessel enters the Regulatory Area, and ending when the vessel \nleaves the Convention Area (which includes the ports bordering the \nConvention Area) for a period greater than 20 consecutive days. The current voyage shall not be considered to have ended as long \nas the vessel has catch on board from the Regulatory Area. In the case of a language difficulty, the inspector or the master \nshall use, in the appropriate language, the appropriate part of \nthe questionnaire shown in Annex VI. Contracting Parties may exercise, by letter to the Executive \nSecretary, the option to have inspectors summarize from logbook \nrecords for the quota period, instead of the current voyage, their \nvessel's catch in the Regulatory Area by species and by division \nand record this summary in Section 15 of the inspection form. In making his examination, the inspector may ask the master for \nany required assistance. The master shall facilitate the work of \nthe inspector. The report of the inspection may be commented upon \nand shall be signed by all the persons that the form requires. A \ncopy of the report shall be given to the master of the vessel. The Contracting Party inspecting a vessel will communicate in \nwriting the details of an apparent infringement to the designated \nauthorities of the Contracting Party for the inspected vessel \nwithin the working day following the inspection whenever possible. The Contracting Parties inspecting vessels will provide \nnotification of a list of vessels inspected on a calendar monthly \nbasis to the designated authorities of the Contracting Parties of \nthe vessels inspected, via the office of the Executive Secretary. -i-\n\nIn the case of an apparent infringement or a difference between \nrecorded catches and the inspector's estimates of the catches on \nboard, a copy of the inspection report with supporting \ndocumentation, including second photographs taken, shall be \ntransmitted as soon as possible to the responsible authorities of \nthe Contracting Party for the inspected vessel, after the \ninspection vessel returns to port. In the case of other \ninspection reports, the original shall be transmitted within 30 \ndays whenever possible, to a designated authority of the \nContracting Party for the inspected vessel. A copy of every \ninspection report shall also be forwarded to the Executive \nSecretary. (ii) \n\nNotwithstanding any objection to quotas made pursuant to \nArticle XII of the Convention: \n\n(a) inspectors shall have authority to inspect and measure all \nfishing gear on or near the working deck and readily \navailable for use and to inspect and record estimates of the \ncatch on and below decks in so far as such inspection and \nmeasurement are necessary to establish whether the vessel is \ncomplying with the Commission's measures; \n\n(b) fishing gear shall be inspected in accordance with the \n\nCommission's measures; \n\n(c) with regard to catches, correspondance between the logbook \nentries for the Regulatory Area and estimates of catches by \nspecies on board relating to these entries may be ascertained \nand differences between recorded catches and the inspector's \nestimate of the catches on board with percentages shall be \nrecorded under Section 18 of the inspection report (Comments \nSection); and \n\n(d) inspectors may also ascertain that records for the duration \nof the quota period to the date of the inspection are aboard \nthe vessel in accordance with the NAFO Conservation and \nEnforcement Measures Part I C (2) (b) (ill). (ill) An inspector has the authority to examine catch, nets or other \ngear, and any relevant documents which the inspector deems \nnecessary to verify the observance of the Commission's measures. Where an apparent infringement of the measures is observed: \n\nthe inspector shall note the apparent infringement in the \nreport, sign the entry and obtain the countersignature of the \nmaster; \n\nthe inspector shall enter and sign a notation in the fishing \nlogbook or other relevant document stating the date, \nlocation, and type of apparent infringement found. The \ninspector may make a copy of any relevant entry in such a \ndocument, and shall require the master of the vessel to \ncertify in writing on each page of the copy that it is a true \ncopy of such entry; \n\n\f- tf \n\n-\n\nthe inspector shall have full opportunity to document the \napparent infringement with photographs of the relevant \nfishing vessel's gear or catch, in which case a second \nphotograph shall be given to the master of the vessel and \nattached to the report sent to an appropriate authority of \nthe Contracting Party for the inspected vessel. (iv) \n\nWhere an inspector finds an apparent infringement of measures \nprohibiting: \n\n(a) fishing in a closed area or with gear prohibited in a \n\nspecific area; \n\n(b) fishing for stocks or species after the date on which the \nContracting Party for the inspected vessel has notified the \nExecutive Secretary that vessels of that party will cease a \ndirected fishery for those stocks or species; \n\nand \n\n(c) fishing on an \"Others\" quota without prior notification to \nthe Executive Secretary, or more than seven working days \nafter the Contracting Party for the inspected vessel has been \nnotified by the Executive Secretary that fishing under an \n\"Others\" quota for that stock or species should cease; \n\nThe inspector, to facilitate a Contracting Party action on the \napparent infringement, shall immediately attempt to communicate \nwith an inspector of the Contracting Party for the inspected \nvessel, known to be in the vicinity, or the authority designated \nin accordance with paragraph 3 above. The master of the inspected \nvessel shall provide the use of the vessel's radio equipment and \noperator for messages to be sent out and received for this \npurpose. At the request of the inspector, a master shall cease all fishing \nwhich appears to the inspector to contravene the measures referred \nto in (a) to (c) above. During this time, the inspector shall \ncomplete the inspection and, if unable within a reasonable period \nof time to communicate with an inspector or designated authority \nof the Contracting Party for the inspected vessel, he shall leave \nthe inspected vessel and communicate as soon as possible with one \nof them. However, if he succeeds in establishing communications \nwhile on board the inspected vessel, and provided that the \ninspector or designated authority of the Contracting Party for the \ninspected vessel agrees, the inspector may remain aboard. As long \nas the inspector remains aboard, the master may not resume fishing \nuntil the inspector is reasonably satisfied, as a result of either \nthe action taken by the vessel's master or the inspector's \ncommunication with an inspector or designated authority of the \nContracting Party for the inspected vessel, that the apparent \ninfringement will not be repeated. -f-\n\n(v) \n\nThe inspector in charge may request that the master remove any \npart of the fishing gear which appears to the inspector to \ncontravene the Commission's measures. An identification mark \nshall be affixed securely to any part of the fishing gear which \nappears to the inspector to have been in contravention, and the \ninspector shall record the fact on his report. The gear shall be \npreserved with the mark attached until examined by an inspector or \ndesignated authority of the Contracting Party for the inspected \nvessel who shall determine the subsequent disposition of the gear. (vi) \n\nAn inspector may photograph the fishing gear in such a way that \nthe identification mark and measurements of the fishing gear are \nvisible and subjects photographed should be listed in the report. A second photograph shall be given to the master of the vessel. 7. An appropriate authority of a Contracting Party notified of an apparent \ninfringement committed by a vessel of that Party shall take prompt action \nto receive and consider the evidence of the apparent infringement, conduct \nany further investigation necessary for disposition of the apparent \ninfringement and, whenever possible, board the vessel involved. An \nappropriate authority of the Contracting Party for the vessel concerned \nshall cooperate fully with the appropriate authority of the Contracting \nParty that designated the inspector to ensure that the evidence of the \napparent infringement is prepared and preserved in a form which \nfacilitates judicial action. The appropriate authority of a Contracting Party notified of differences \nbetween the recorded catches and the estimates of the inspector, shall \nwhenever possible board the vessel involved and, in any event, cooperate \nwith the NAFO inspectors to ensure that the evidence is prepared and \npreserved in a form which would facilitate any judicial action, and shall \nconduct any further investigation necessary to allow it to determine \nappropriate follow-up action. 8. An inspector observing a failure of a vessel to enable an inspection party \n\nto board after being properly signalled shall: \n\n(i) \n\nand, \n\n(ii) \n\nreport the apparent infringement as soon as possible to any \ninspector of the Contracting Party for the vessel concerned known \nto be in the vicinity or a designated authority of that \nContracting Party; \n\nprepare and forward to the Executive Secretary a report giving as \nmuch information as possible, including the nature of the signal, \nthe distance from which the signal was given, the visibility at \nthe time, sea state, wind and icing conditions. 9. For the purpose of the Scheme, \"surveillance\" shall be based on any \nsighting made by an inspector from an inspection vessel or aircraft \nassigned to the Scheme. (i) \n\nWhen, as a result of surveillance an inspector observes a vessel \nof a Contracting Party, and where such observation does not \ncorrespond with the latest information available to the inspector \nas provided for by section C. 2 of Part III of the Conservation and \nEnforcement Measures, the inspector shall complete Part I of the \n\n\f(11) \n\n( H i) \n\n(iv) \n\n10. 11. 12. 13. -iO-\n\nSurveillance Report Form shown at Annex VII and shall photograph \nthe vessel in support of his observations. Photographs taken \nshould simultaneously record the position, date and time as shown \nby the surveillance craft's Instrumentation. Not less than 72 hours following the recording of the observation \nin Part I of the Surveillance Report and on the basis of \nnotifications received from the Contracting Party of the vessel \nconcerned pursuant to (the hall system), the inspector shall \ncomplete Part II of the Surveillance Report. The original of each surveillance report completed in accordance \nwith 9(i) and (il) and any photographs shall be forwarded as soon \nas possible to the Contracting Party of the vessel concerned, or a \ndesignated authority of that Contracting Party. A copy of every \nsurveillance report shall also be forwarded to the Executive \nSecretary. An appropriate authority of a Contracting Party shall, on receipt \nof a surveillance report concerning a vessel of that party, take \nprompt action to receive and consider the report and, whenever \npossible, board the vessel concerned, and conduct any further \ninvestigation necessary to allow it to determine appropriate \nfollow-up action. Resistance to an inspector or failure to comply with his \ndirections shall be treated by the Flag State of the vessel as if \nthe inspector were an inspector of that State. Inspectors shall carry out their duties in accordance with the \nrules set out in the scheme, but they shall remain under the \noperational control of the authorities of their Contracting \nParties and shall be responsible to them. Appropriate authorities of a Contracting Party shall consider and \nact on reports from inspectors of other Contracting Parties under \nthe scheme on the same basis as reports from its own inspectors. The provisions of this paragraph shall not impose any obligation \non the appropriate authorities of a Contracting Party to give the \nreport from a foreign inspector a higher evidentiary value than it \nwould possess in the inspector's own country. Appropriate \nauthorities of Contracting Parties shall collaborate in order to \nfacilitate judicial or other proceedings arising from a report \nsubmitted by the inspector under the scheme. Appropriate authorities of a Contracting Party shall inform the \nExecutive Secretary by 1 November each year of the provisional \nplans for participation by its inspectors, vessels and helicopters \nand other aircraft in the scheme for the succeeding calendar year, \nand the Executive Secretary may make suggestions to the \nappropriate authorities of the Contracting Parties for the \ncoordination of their operations in this field including the \nnumber of inspectors and the number of vessels, helicopters and \nother aircraft carrying inspectors. -M-\n\n14. Appropriate authorities of each Contracting Party shall report to \nthe Executive Secretary by 1 March each year for the previous \ncalendar year: \n\n(i) the number of inspections conducted by it under the Scheme \nspecifying the number of inspections on the vessels of each \nContracting Party and, in the case of apparent infringement, \nthe date and position of the inspection of the named vessel \nand the nature of the apparent infringement; \n\n(ii) the disposition of apparent infringements notified to it by \na Contracting Party. The apparent infringements shall be \nlisted annually until the action is concluded under the laws \nof the Flag State, and any penalties imposed shall be \ndescribed in specific terms; \n\n(ill) differences that they consider significant between records \nof catches in their Contracting Party's vessels' logbooks \nand inspectors' estimates of catches on board the vessels. The cases so identified as significant shall be listed \nannually until NAFO is informed of the actions taken in \nresponse, including any penalties imposed under the law of \nthe Flag State. These penalties shall be described in \nspecific terms; \n\n(iv) the number of air hours flown on NAFO patrol, the number of \nsightings and the number of surveillance reports established \nwith the date, time and position of the sightings in respect \nof these surveillance reports; \n\n(v) the disposition of surveillance reports notified to it by a \nContracting party. The surveillance reports shall be listed \nannually until follow-up action is concluded by the \nappropriate authorities. In cases where the follow-up \naction results in penal action any penalties imposed shall \nbe described in specific terms. 15. N \n\n(i) In the event of a disagreement concerning the interpretation \nor application of the scheme, the concerned Contracting \nParties shall consult in an attempt to resolve the \ndisagreement. (ii) If the disagreement remains unresolved following the \nconsultations, at the request of a Contracting Party the \nExecutive Secretary shall refer the disagreement to a \nspecial meeting of the Standing Committee on International \nControl (STACTIC). A report on the disagreement shall be drawn up by STACTIC \nand provided to the Fisheries Commission within two months \nof the STACTIC meeting. (ill) On receipt of the STACTIC report, a Contracting Party may \nwithin a further period of two months request a special \nmeeting of the Fisheries Commission to consider the report \nand to take appropriate action. w \n\nFISHERIES COMMISSION \nOF THE \nNORTHWEST ATLANTIC FISHERIES ORGANIZATION \n\nThe bearer of this document \n\n(NAME IN CAPITALS) \n\nis an inspector duly appointed under the terms of the scheme of joint \ninternational \nthe Fisheries Commission of the \nNorthwest Atlantic Fisheries Organization, and has authority to act \nunder the arrangements approved by the Commission. inspection of \n\nIssued by \n\nSignature (Executive Secretary) \n\n{CONTRACTING PARTY iN CAPITALS) \n\n[DURATION OF ASSIGNMENT: \n\nNo \n\nt \n\n! \"s \n\ni 5 \n\n2 \nx \nr * \n\nc \n\ni 2 \nx \n3 \n'-* 5 \nZ \n2 \nd \nH \n\u2022< \n\n\fNo I. 175/8 \n\nOffici. il Journal of the Kuropcin Communities \n\n6. 7. 88 \n\n\u2022It-\n\n4. VN7 X // \n\nINSPFCTION PKNNANTrs \n\nBLACK \n\n94 cm \n\nNot exceeding 1 metre \n\n94 cm \n\n\f-ih-\n\nOfficial Journal of the Furopean Communities \n\nNo L 1 7 5 /9 \n\nANNEX III \n\nCONSTRUCTION AND USE OF HOARDING LADDERS \n\n1. The boarding ladders \u2022'hall be efficient for the purpose of enabling inspectors to embark and disembark at sea \n\nsafely. The boarding ladders are to he kept clean and in good order. 2. The ladder shall be secured in a position so that it is clear of any possible discharge from the ship, that each \nstep rests firmly against the ship's side, that it is clear so far as practicable of the finer lines of the ship and that \nthe inspector can gain safe and convenient access to the ship. 3. The steps of the boarding ladder shall be: \n\n(a) of hardwood or other inatenal of equivalent properties, made in one piece free of knots, having an \nefficient non-slip surface; the four lowest steps may be made of rubber of sufficient strength and stiffness \nor of other suitable material of equivalent characteristics; \n\n(b) not less than 480 mm long, 115 mm wide, and 25 mm in depth, excluding any non-slip device; and \n\n(c) equally spaced not less than 380 mm not more than 380 mm apart and may be secured in a manner that \n\nthey will remain horizontal. 4. No boarding ladder shall have more than two replacement steps which are secured in position by a method \ndifferent from that used in the original const rua ion of the ladder and any steps so secured shall be replaced, as \nsoon as reasonably practicable, by steps secured in position by the method used in the original construction of \nthe ladder. 5. The side ropes of the ladder shall consist of two uncovered manila or equival'\"\" \u2022 \u2022 \u2022 \u00bb not less than 60 mm in \n\ncircumference on each side; each rope shall be continuous with no joint\u00bb ' \nproperly secured to the ship and not less than 65 mm in circumference a \nready for use if required. \u2022 ; top step; two man ropes \n,y line shall be kept at hand, \n\n6. Battens made of hardwood, or other material of equivalent properties, in one piece and not less than \n1,80 metres long, shall be provided at such intervals as will prevent the boarding ladder from twisting. The \nlowest batten shall be on the fifth step from the bottom of the ladder and the interval between any batten and \nthe next shall not exceed nine steps. 7. Means shall be provided to ensure safe and convenient passage onto or into and off the ship between the head \nof the pilot ladder or of any accomodation ladder or other applicance provided. Where such passage is by \nmeans of a gateway in the rails or bulwark, adequate handholds shall be provided. Where such passage is by \nmeans of a bulwark ladder, such ladder shall be securely attached to the bulwark rail or platform and two \nhandhold stanchions shall be fitted at the point of boarding or leaving the ship not less than 0,70 metre nor \nmore than 0,80 metre apart. Each stanchion shall be rigidly secured to the ship's structure at or near its base \nand also at a higher point, shall be not less than 40 mm in diameter and shall extend not less than 1,20 metres \nabove the stop of the bulwark. 8. Lighting shall be provided at night such that both the boarding ladder overside and also the position where the \ninspector boards the ship shall be adequately lit. A lifebuoy equipped with a self-igniting light shall be kept at \nhand, ready for use. A heaving line shall be kept at hand, ready for use if required. t. Means shall be provided to enable the boarding ladder to be used on either side of the ship. 10. The rigging of the ladder and the embarkation and disembarkation of an inspector shall be supervised by a \n\nresponsible officer of the ship. % \n\n11. Where on any ship constructional features such as rubbing bands would prevent the implementation of any of \nthese provisions, special arrangements shall be made to the satisfaction of the Commission to ensure that \npers-ms are Me to embark and disembark safely. No L 1 7 5 / 10 \n\nOfficial Journal of the European Communities \n\n6. 7. 88 \n\n-1$- -\n\nANNEX IV \n\nHELICOPTER MOIST PROCEDURE \n\n1. The captain of the helicopter shall be in charge of and shall ensure the safety of personnel who are being \ntransferred between a vessel and the helicopter during the enure time such personnel arc attached to the \nhelicopter via the hoist cable and the lifting device. 2. The master of the vessel shall follow the procedures described b*'v>w to assist the helicopter: \n\n(i) attempt to communicate by radio in a common language; \n\n(ii) alter course and speed if requested and if free to do so; \n\n(iii) maintain a steady course and speed throughout the transfer operation unless the safety of the vessel is in \n\njeopardy; \n\n(iv) Provide a visual indication of relative wind by means of a pennant or other suitable device; \n\n(v) clear the transfer area of objects which could be blown loose; \n\n( vi) shall not make radio transmission on standing wire antennae (high frequency) in the immediate vicinity of \nthe transfer area during the transfer. If such transmissions become necessary, the helicopter shall be \nadvised in order that the transfer could be delayed; if a guide line is lowered first, crew members should be \navailable to man this l^ne to assist in the transfer of the inspeaion part)'. Other lines and wires should not \nbe touched by the crew of the vessel until the inspection party has grounded those lines and wires on the \nvessel; \n\n(vii) Take appropriate measures to ensure to the extent practicable that none of the lines or fittings lowered \n\nfrom the helicopter are attached to or permitted to foul in the vessel. 3. The helicopter displaying its inspeaion pennant shall communicate to the vessel the intention to conduct a \n\nboarding: \n\n(i) by radio communications on 2 182 kHz, VHF-FM channel 16 or other agreed frequencies; \n\n(ii) by visual or aural indication of an appropriate signal extracted from the International Code of Signals as \n\nshown in paragraph 7; \n\n(iii) by hovering over or near the intended boarding position in conjunction with hand signals, adopted from \n\nthe International Code of Signals, as indicated in paragraph 4. 4. (i) Signal: Pointing movement by arm or hand \n\nUsed by: \n\nMeaning: \n\nHelicopter Wish to conduct transfer or boarding in the indicated location \n\n(ii) Signal: Vertical motion with arm or flag, or 'Thumbs-up* indication \n\nUsed by: \n\nEither \n\nVessel \nHelicopter \n\nHither \n\nSituation: \n\nBefore transfer \n\nBefore transfer \nAfter dropping \nthe guide line \nAfter taking up the \nslack on the guide line \nAt any time \n\nMeaning: \n\nReady to conduct transfer; \n\nDesire transfer from this position; \nTake up the slack on the guide line; \n\nPull in gently on the guide line; \n\nAffirmative response. (iii) Signal: Horizontal motion with arm or flag, or 'Thumbs-down' indication \n\nUsed by: \nVessel \n\nHither \nVessel \nI lelicopter \n\nI-itlier \n\nSituation: \nBefore transfer \n\nBefore transfer \nDuring transfer \nAfter dropping \nthe guide line \nAfter easing the tension \non the guide line \nAt any time \n\nMeaning: \nTransfer not recommended from this position \u2014 \nrecommend alternative (and point \ntowards \ndesired position); \nNot ready to conduct transfer; \nRequest you stop the transfer; \nKasc the tension on the guide line; \n\nRelease the guide line; \n\nNegative response. - 1 6-\n\nOfficial Journal of the European Communities \n\nNo L 1 7 5 / 11 \n\n5. A visual display of the symbol YU by the helicopter or the radio transmission of YANKEE UNIFORM to the \n\nfishing vessel indicates the signals in paragraph 7 arc to be used for inspeaion communications. 6. The following situations are representative of conditions under which a personnel helicopter hoist transfer \n\nshall NOT be attempted: \n\n(i) in the opinion of the captain of the helicopter or the master of the vessel, there is inadequate clear space for \n\na transfer or there arc too many obstructions; \n\n(ii) there is significant vessel motion such that, in the opinion of the captain of the helicopter or the master of \n\nthe vessel, a hazard exists; \n\n(iii) the helicopter cannot position itself with an acceptable relative wind; and \n\n(iv) other hazards exist which prejudice tlv: safety of the helicopter or the vessel oi of personnel being \n\ntransferred. 7. IMO signal \n\n/MO meaning \n\nRemarks \n\nSQ 3 \n\nMG \nIK-RQ \n\nAZ \n\nBB1-RQ \n\nBB2-RQ \n\nBB3-RQ \n\nK \n\nYX \n\nC \nN \n\nYU \n\nBT \n\nYou should stop, or heave to, I am \ngoing to board you \n\nYou should steer course. Request you proceed a t. knots \n\nI cannot alight but I can lift crew \n\nMay I alight on your deck; are you \nready to receive me forward? \nMay I alight on your deck; are you \nready to receive me amidships? \nMay I alight on your deck; are you \nready to receive me aft? \n1 wish to communicate with you by. VHF radiotelepnc. iy channel \n\n(extracts from IMO Table 1 ) \n6. International Code Flags \n8. radiotelephony 2 182 kHz \n9 \n16 \nI wish to communicate by radio-\ntelephony on frequency indicated \nYes (affirmative) \nNo (negative) \n\nI am going to communicate with your \nstation by means of the International \nCode of Signals \nHelicopter is coming to you now (or at \ntime indicated) \n\nThe display of the inspeaion pennant indicates \nthe presence of an authorized inspeaion team in \nthe helicopter \nCourse is true \n\nIndication of intentions to condua helicopter \nhoist transfer (used with BB signal) \n\nUsed in conjunaion with signal AZ to indicate \nhelicopter will not alight but will condua a \nhoist transfer in the area indicated \n\nNovember Oscar by voice or radio \ntransmission \n\n\fN o l. 1 7 5 / 12 \n\nOfficial Journal of the European Communities \n\n6. 7. 88 \n\n- O-\n\nANNEX V \n\nFISHERIES COMMISSION OF THE NORTHWEST ATLANTIC FISHERIES ORGANIZATION \nREPORT OF INSPECTION \n\n(Inspector: \u00abease use CAPITAL BLOCK LITTERS) \n\n1. The forms for the report of inspection shall be collated in a booklet with each page having an original and two \n\nself-carbon copies (preferably coloured and preferably one yellow and one green). 2. Page packets are to be perforated at the top and bottom of the page for easy removal. 3. Items I through 8 and item 18 of the report are to be highlighted with red ink. 4. Booklets should be bound preferably with 20 complete sets of the three-page report. 5. The si/c of every page, after removal from the packet, should be 355,5 mm (14\") in length by 216 mm (8'//') \n\nin width. Note to master of fishing vessel \n\nThe NAFO inspector will produce his NAFO document of identity on boarding. He is then entitled to inspect and \nmeasure all fishing gear on or near the working deck and readily available for use and the catch on and/or below \ndecks and any relevant documents. This inspection will be to check your compliance with NAFO's measures to \nwhich your contracting party has not objected and, notwithstanding any such objection, to inspect the logbook \nentries for the Regulatory Area and the catches on board. The inspector will not ask you to haul your nets; \nhowever, he may remain on board until the net is hauled in. AUTHORIZED INSPECTOR(S) \n\n1. Name(s) \n\nContracting party \n\n2. Name and identifying letters and/or number of vessel carrying him \n\nINFORMATION ON VESSEL INSPECTED \n\n3. Contracting party and port of register. 4. Vessel's name and registration number. 5. Master's name \n\n6. Owner's name and address \n\n7. Position as determined by inspecting vessel's master at \n\nGMT: \n\nLatitude \n\nLongitude \n\n(a) Equipment used in determining position \n\n8. Position as determined by fishing vessel's master at \n\nGMT: \n\nLatitude \n\nLongitude \n\n(a) Equipment used in determining position \n\nDATE AND TIMES Tl IE INSPECTION COMMENCED AND IINISII ED \n\n'>. Date \n\nTime arriveil on board \n\nGMT \n\nTime olf departure \n\nGMT \n\n\f-4P-\n\n6. 7. 88 \n\nOfficial Journal of the European Communities \n\nNo I. 175/13 \n\nGEAR ON. OR NEAR THE WORKING DECK INSPECTED \n\n10. 1st net \n\n2nd n rl \n\n3rd net \n\nType o( net (trawl net, seine net, etc. ) \n\nMaterial (chemical category, if possible) \n\nSingle or double twine \n\nNet (measured wet) \u2014 on or near trawl deck \n\nType of net attachments inspected \n\nRemarks \n\nMESH MEASUREMENT \u2014 IN MILLIMETERS \n\n11. Codend (inclusive of lengthener(s), if any) \u2014 Samples of 20 meshes \n\nWidth (Mesh Si/e) \n\nAverage \nwidth \n\nlegal \nji/e \n\n\u2014 \n\n\u2014 \u2014 _ \n\n1st net \n\n2nd net \n\n3rd net \n\nChafer-Samples of \n\nmeshes \n\n1st net \n\n2nd net \n\n3rd net \n\n\u2014 \n\n\u2014 -\n\n-\n\n-. _. \u2014 \n\n\u2014 \u2014 \u2014 \n\nRest of net \u2014 Samples of 20 meshes \n\n1st net \n\n2nd net \n\n3rd net \n\n12. Have the records of catches been retained aboard for the duration of the quota period* \n\nYES/NO \n\nRESULT OF INSPECTION OI HSII ON BOARD \n\n13. Result of inspection of fish observed in last tow (if appropriate) \n\nTotal \nI iinnrt \n\nAll spenes taken \n\nPercentage \nof each \n\nIVnew. IRC iliscinlcd \n\nTotal i. IU Ii \n\n\fN oL 175/14 \n\nOfficial Journal of the European Communities \n\n6. 7. 88 \n\n14. Result of inspection of catches on board \n\nFish species with \ni-alpha code \n\nInspectors estimate \n(tonnes) \n\nInspectors comments on how estimates were calculated: \n\n15. Summary of catches from logbooks for current voyage (')/quota period (*) \n\nDate of \nentry into \nRegulatory Area \n\nDivision \n\nFish species with \nJ-alpha code \n\nCatch \n(metric tonnes) \n\nH ow \nprocessed \n\nDiscards \n\n\u2022 \n\n! \n\n(') 'Current voyage' is defined as beginning when the vessel enters ihe Regulatory Area, and ending when the vessel leaves ihe \nConvention Area (which nullities ihr pons bordering ihe Convention Area) lor a period greater ih. in 20 days. Ihe current \nvoyage shall not be considered to have ended as long as the vessel has catih on board from the Regulatory Area. (') Where applicable in accordance with the sisth subparagraph ol point 6 (i) of the scheme. -a-\n\n6. 7. 88 \n\nOfficial Journal of the European Communities \n\nN oL 1 7 5 / 15 \n\nNote to master of fishing vessel: \n\nAt this stage the inspeaion will finish unless an apparent infringement has been found. If no apparent \ninfringement is found go to item 20. If an apparent infringement has been found the inspector will write the \ninfringement here and sign at this point. You must countersign to show that you have been informed of the \ninfringement. Your signature does not constitute acceptance of the apparent infringement. 16. Nature of apparent infringement: \n\nSignature of inspeaor: \n\nSignature of master:. If an apparent infringement has been found, the inspector may: \n\n1. Examine and photograph the fishing vessel's gear, catch, logbooks or other relevant documents; \n\n2. Ask you to cease fishing if the apparent infringement consists of: \n\na) fishing in a closed area or with gear prohibited in a specific area; \n\nb) fishing for stocks or species after the date on which the contracting parry for the inspected vessel has \nnotified the Executive Secretary that vessels of that pa'ty will cease a direaed fishery for those stocks or \nspecies; and \n\nc) fishing on an 'Others* quota without prior notification to the Executive Secretary, or more than seven \nworking days after the contracting party for the inspected vessel has been notified by the Executive \nSecretary that fishing under an 'Others quota' for that stock or species should cease. Before asking you to cease fishing, the inspeaor must immediately attempt to communicate with an inspeaor \nof your conttacting party in the vicinity or a designated authority of your contraaing party. You must allow \nthe inspeaor to use your radio equipment or operator for this purpose. If the inspeaor cannot contaa an \ninspector of your contraaing party or a designated authority, he will complete his inspeaion and leave your \nvessel. While he is on board you should not recommence fishing unless you have satisfied the inspector that \nyou will not repeat the apparent infringement, e. g. because you have changed zone or cut off the illegal \ngear. COMMENTS AND OBSERVATIONS \n\n17. Documents inspected following an apparent infringement \n\n18. Comments: (In the case of a difference between the inspeaor's estimates of the catches on board and the \n\nrelated summaries of catches from the logbooks, note this difference with the percentage) \n\n\fNo L 1 7 5 / 16 \n\nOfficial Journal of the European Communities \n\nf>. 7. 88 \n\n19. 'Subjects of photographs taken relating to an apparent infringement \n\n\u00b12 0-\n\n10. Other comments, statements and. 'or observations by inspector(s) \n\n21. Statements of second inspector or witness \n\n22. Name and signature of second inspector or ssitne*s \n\n23. Signature of inspeaor in charge \n\n24. Statement of master's witness(es) \n\n25. Name and signature of master's witnesses) \n\n26. Acknowledgement and receipt of report: \n\nI, the undersigned, master of the vessel. hereby confirm that a copy of this \nreport and second photographs taken have been delivered to me on this. date. My signature does not constitute \nacceptance of any pan of the contents of the report. Date \n\nSignature \n\n1?. Comments anil signature by the master of vessel \n\nCOPY TO MASTER, ORIGINAL TO BE RETAINED BY INSPECTOR FOR REQUIRED \nDISTRIBUTION \n\n\f6. 7. 88 \n\nOfficial Journal of the European Communities \n\nNo L 175/17 \n\n-2 \n\n4-\n\nANNTX V7 \n\nINSPECTION QUr v n O N N A I KE \n\n1. I am an inspector under the scheme. Here is my document of identity. I would like to inspect your nets /other \nfishing gear / catch / documents. 2. I should like to see the master of this vessel. 3. Please give me your name. 4. Please cooperate with me in the examination of your catch / equipment / documents in accordance with the \n\nCommission's measures. 5. Please check your position and lime now. f>. I am reporting your position as \n\n\u00b0 latitude \n\n\u00b0 longitude at \n\nG M T. Do you agree? \n\n7. Would you like to check you\" position with my instruments on board the inspection vessel? \n\n8. Do you now agree? \n\n9. Please show me the documents establishing the nationality of your vessel / the registration documents / the. bridge log-book / the fishing log-book(s). 10. Please write down the name and address of the owners of this vessel in the space I am indicating on the repon \n\nform. 11. What principal species are you fishing for? \n\n12. Are you fishing for reduction purposes? \n\n13. 1 agree. 14. Yes. 15. I do not agree. 16. N o. 17. Please take me to the bridge/ the working deck / the processing area / the fish holds. 18. Do you use any net attachment? If so, what type? Please write it down in the space I am indicating. 19. Please switch on these lights. 20. I wish to examine that net / chafing gear. 21. Show me the other fishing gear you have on or near the fishing deck. 22. Show me your net gauge, if any. 23. Ask your men to hold that net so that I can measure it. 24. Please put that net underwater for 10 minutes. 25. 1 have inspected \n\nmeshes in this net. 26. Check that I have recorded accurately on the report form in the space I am indicating the width of the meshes I \n\nhave measured. 27. I vsish to inspect your catch. HJVC you finished sorting the fish? \n\n2H. Will you please lay out those fish? \n\n29. I wish to estimate the proportion of regulated species in your catch. 30. ('lease turn to tlie copy of the inspection form in your language and supply me with the necessary information \nto complete it. I will indicate sshich sections. U. \\2. If you do not give your cooperation as I have requested, I will report your refusal to your contracting \nparty. I have found the average width of the meshes I have measured in that net is. mm. This appears to be \nbelow the minimum applicable mesh si/e, and will be reported to your contracting party. 13. I have found rt-t attachments/ other fishing gear which appear to be illegal. This will be reported to your \n\ncontracting patty. \u00bb4. I shall now affix the identification mark to this piece of fishing gear which is to be preserved with the mark \nattached until viewed by a fisheries inspector of your contracting party at his demand. N oL 1 7 5 / 18 \n\nOfficial Journal of the European Communities \n\n6. 7. 88 \n\n-\n\nt e-\n\n35. I hase found. undersized fish. I shall repon this to your contracting party. 36. I fihd that you are apparently fishing :his xxa during a closed season / with gear not permined / for stocks \n\nor species not permined. This will : \n\nrponed to your contracting pany. 37. 1 have found a by-catch of regulated species which appears :o be above the permitted amounts. I shall repo. t \n\nthis to your contraaing parry. 38. 1 have made copies of the following entry / entries in this dtxument. Please sign them to cenify that they are \n\ntrue copies. 39. I would like to communicate with the designated authority of your contracting pany. Please arrange for this \n\nmessage to be sent and for any answer to be received. 40. Do you wish to make any observations concerning this inspection including its condua and that of the \ninspector(s)? If so, please do so in the space I am indicating on the repon form on which 1 have set out my \nfindings. Please sign the observations. Do you have any witnesses who wish to make observations? If so, they \nmay do so in the space I am indicating on the repon form. 41. I am leaving. Thank you. - I l-\n\nFICHE FINANCIERE \n\nConcerning: \n\nProposed Council Regulation (EEC) fixing the provisions with regard to aerial \nsurveillance of fishing vessels operating in the NAFO Regulatory Area. 1. Budget line: \nInstituting: \n\nArticle B2-9220. Aerial surveillance and control in the international \nwaters of the North West Atlantic. 2. Legal Basis: \n\nCouncil Regulation (EEC) n\u00b0 170/83 of 25 January 1983, \ncreating a Community system of conservation and \nmanagement of fishery resources. 3. Classification: Obligatory expenditure. 4. Objectives of the measure and description of activity: \n\nThe measure is designed to improve the application of the Scheme of Joint \n(International Inspection) adopted by the North West Atlantic Fisheries \nOgranisation (NAFO). 5. Method of Calculation. 5. 1 Nature of expenditure: \n\n5. 2 Community financing: \n\nHire of aircraft in order to carry out aerial \nsurveillance in the Regulatory Area as defined \nby the NAFO Convention. 100% of costs for a limited period in accordance \nwith \nthe \nthe \nConvention. obligations \n\ndescribed \n\nin \n\n5. 3 Calculation of costs: \n\nIt is necessary to hire an aircraft for a total \nof 30 days each year at an estimated cost of \n8. 000 ECU per day. 6. Financial impact on operational credits: \n\n6. 1 Date of credit engagement and payment (Mio ECU): \n\nExercice \n1991 \n1992 \n1993 \n1994 \n\nCE \n\nCP \n\n0,24 \n0,26 \n0,30 \n\n0,24 \n0,26 \n0,30 \n\nThe expenditure for 1992 can be covered by the credits which will be \nincluded in the general budget for this type of expenditure. With regard \nto the following years, the expenditure will not lead to an increase of \ncredits which, in the absence of this regulation, have been requested for \ninclusion on the budget line B2-9220. 6. 2 Financing during 1991: not required. 7. Observations: None. ISSN 0254-1475 \n\nCOM (91) 541 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-610-EN-C \n\nISBN 92-77-79216-7 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7598d0c2-3b3b-4a12-b3b9-b39715627ca7", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council decision for the European system for observing the inland transport goods markets", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Transport and Tourism,European Parliament", "date": "1991-12-13", "subjects": "carriage of goods,common transport policy,road transport,transport market", "workIds": "celex:51991AP0346", "eurovoc_concepts": ["carriage of goods", "common transport policy", "road transport", "transport market"], "url": "http://publications.europa.eu/resource/cellar/7598d0c2-3b3b-4a12-b3b9-b39715627ca7", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f9b1823c-d4da-4d92-b6f0-f40614e30861", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council decision adopting specific research programmes to be implemented by the Joint Research Centre for the European Atomic Energy Community (1992 to 1994)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Industry, Research and Energy,European Parliament", "date": "1991-12-13", "subjects": "Germany,Joint Research Centre,Netherlands,nuclear energy,nuclear reactor,nuclear safety,research and development,research programme", "workIds": "celex:51991AP0366(01)", "eurovoc_concepts": ["Germany", "Joint Research Centre", "Netherlands", "nuclear energy", "nuclear reactor", "nuclear safety", "research and development", "research programme"], "url": "http://publications.europa.eu/resource/cellar/f9b1823c-d4da-4d92-b6f0-f40614e30861", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b6623b6d-8040-4d3f-b1ab-ed9890d7b0c3", "title": "Commission Regulation (EEC) No 3640/91 of 13 December 1991 concerning the classification of certain goods in the Combined Nomenclature", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "foreign trade,intra-EU trade,statistical nomenclature,statistics", "workIds": "celex:31991R3640,oj:JOL_1991_344_R_0062_059", "eurovoc_concepts": ["foreign trade", "intra-EU trade", "statistical nomenclature", "statistics"], "url": "http://publications.europa.eu/resource/cellar/b6623b6d-8040-4d3f-b1ab-ed9890d7b0c3", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b191dddd-7697-4d20-90aa-49f5d7f243bc", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council decision adopting a supplementary research programme to be implemented by the Joint Research Centre for the European Atomic Energy Community", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Industry, Research and Energy,European Parliament", "date": "1991-12-13", "subjects": "EAEC,Joint Research Centre,industrial research,research and development,research programme", "workIds": "celex:51991AP0366(02)", "eurovoc_concepts": ["EAEC", "Joint Research Centre", "industrial research", "research and development", "research programme"], "url": "http://publications.europa.eu/resource/cellar/b191dddd-7697-4d20-90aa-49f5d7f243bc", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/5b25506d-0065-466c-91da-1b696f46b9ab", "title": "Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) N\u00b0 1408/71 or the application of social security schemes to employed persons, to self\u00ademployed persons and to members of their families moving within the Community and Regulation ( EEC ) N\u00b0 574/72 laying down the procedure for implementing Regulation ( EEC ) N\u00b0 1408/71", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "European official,self-employment,social security,wage earner", "workIds": "celex:51991PC0528,comnat:COM_1991_0528_FIN,oj:JOC_1992_046_R_0001_01", "eurovoc_concepts": ["European official", "self-employment", "social security", "wage earner"], "url": "http://publications.europa.eu/resource/cellar/5b25506d-0065-466c-91da-1b696f46b9ab", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 528 final \n\nBrussels, 13 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\namending Regulation (EEC) N\u00b0 1408/71 \n\nor. the application of social security schemes to employed persons, \n\nto self-employed persons and to members of their families moving \n\nwithin the Community and Regulation (EEC) N\u00b0 574/72 laying down \n\nthe procedure for implementing Regulation (EEC) N\u00b0 1408/71 \n\n(presented by the Commission) \n\n\f- 2 -\n\nEXPLANATORY MEMORANDUM \n\nof the Proposal for a Regulation (EEC) of the Council amending \n\nRegulation (EEC) N* 1408/71 on the application of social security \nschemes to employed persons, to self-employed persons and to members \n\n{ \n\nof their families moving within the Community and Regulation (EEC) \n\nN* 574/2 laying down the procedure for implementing Regulation (EEC) \n\nN* 1408/71 \n\nI. BACKGROUND \n\nArticle 51 of the EEC Treaty makes it Incumbent on the Council \n\nto adopt such measures in the field of social security as are \n\nnecessary to provide freedom of movement for workers by \n\nestablishing a system encompassing \n\n- aggregation of periods of insurance, employment or residence; \n\n- payment of benefits throughout the territory of the Community. On this basis and in conjunction with Articles 2 and 7 of the Treaty, \n\nCouncil Regulations Nos 3 and 4 on social security for migrant workers \n\nwere adopted, subsequently replaced by Regulations (EEC) No 1408/71 \nand (EEC) N\u00b0 574/722. i \n\n(1) Council Regulation (EEC) N* 1408/71 of 14 June 1971 on the application \n\nof social security schemes to employed persons, to self-employed persons \n\nand to members of their families moving within the Community (0J L 149 \n\nof 5 July 1971) \n\n(2) Council Regulation (EEC) N\u00b0 574/72 of 21 March 1972 laying down the \n\nprocedure for implementing Regulation (EEC) N* 1408/71 on the \n\napplication of social security schemes to employed persons, to self-\n\nemployed persons and to members of their families moving within the \n\n\f- 3 -\n\nThe scope of these two Regulations was subsequently extended to \n\nself-employed persons on the basis of Articles 2, 7, 51 and 235 of \n\nthe Treaty. The recourse to the aforementioned Article 235 was due to the fact \n\nthat there were no provisions in the Treaty making it possible for \n\nthe Council to adopt coordinating rules for social security in \n\nrespect of this category of workers although there was felt to be \n\na need for taking action in this domain. However, certain \n\nparticular rules on unemployment and family benefits continued to \n\nbe non-applicable to self-employed persons. The Treaty does not make provision for removing the obstacles inherent \n\nin social security to the establishment of freedom of movement for \n\npersons who are not workers or members of their families. Coordination of social security schemes covering these persons is \n\ntherefore indispensable in the context of the social dimension of the \n\ninternal market and a People's Europe. The European Single Act provides, in Article 8a designed to supplement \n\nthe provisions of the Treaty, for the establishment of an internal market \n\ncomprising an area without internal frontiers within which the free \n\nmovement of persons is guaranteed. (3) Council Regulation (EEC) N\u00b0 1390/81 of 12 May 1981 extending to \n\nself-employed persons and members of their families Regulation \n\n(EEC) N* 1408/71 on the application of social security schemes to \n\nemployed persons and their families moving within the Community; \n\nCouncil Regulation (EEC) N\u00b0 3795/81 of 8 December 1981 extending to \n\nself-employed persons and members of their families Regulation \n\n(EEC) N\u00b0 574/72 \n\n\f- 4 -\n\nThree Directive of 1990 (4) based on the aforementioned Article 8 A \n\nmake provision for a generalized right of stay for all Community \n\nnationals within the territory of the Member States. The Community Charter of Basic Social Rights for Workers has strengthened \n\nthese principles by stressing the right to social protection. The Commission's work programme for 1991 expressly provides for the \n\nextension of Regulations Nos 1408/71 and 574/72 on social security. In the light of the new context within which the coordinating rules \n\nmust be placed, this extension should go in two directions: \n\nit should include special schemes for civil servants, currently \n\nexcluded from the scope of the Regulations pursuant to Article 4(4) \n\nof Regulation (EEC) N\u00b0 1408/71; \n\nit should enable coordination of schemes applicable to all persons \n\nnot yet covered by the Regulations in so far as they are insured \n\nin a Member State. In-depth discussions concerning, in particular, the characteristics \n\nof special schemes for civil servants and the specific \n\nposition of students have been held within the Administrative \n\nCommission on Social Security for Migrant Workers. The aim has been to \n\nextend the provisions of Regulations (EEC) Nos 1408/71 and 574/72 \n\nto all insured persons. (4) Council Directive N* 90/365/EEC of 28 June 1990 on the right of residence, \n\nfor employees and self-employed persons who have ceased their occupational \n\nactivity (0J N* L 180 of 13 July 1990). Council Directive N\" 90/364/EEC of \n\n28 June 1990 on the right of residence (0J N* L 180 of 13 July 1990). Council \n\nDirective N* 90/366/EEC of 28 June 1990 on the right of residence for \n\nstudents (0J N* L 180 of 13 July 1990). - 5 -\n\nOn the basis of these deliberations the Commission has drawn up this \n\nproposal for a Regulation. II. LEGAL BASIS \n\nThe attached proposal for a Regulation is designed to adapt certain \n\nprovisions of Regulations Nos 1408/71 and 574/72 to make thea \n\napplicable to all insured persons. Consequently, it is based on the same provisions of the Treaty \n\nas those on the basis of which these Regulations were adopted, \n\nnamely Articles 2, 7, 51 and 235 of the Treaty, as it appears \n\nnecessary to take action in the field of social security in order \n\nto attain the Community objective to establish freedom of movement \n\nfor persons and since the Treaty does not make provision for the \n\nnecessary powers. III. GENERAL REMARKS \n\nThe general objective being to extend the Regulations applicable to \n\nemployed and self-employed persons to all insured persons, the \n\nproposal changes none of the rules currently in force for workers \n\nand members of their families but seeks to supplement these \n\nprovisions. For reasons of equity and simplification it is proposed to apply, \n\nwherever possible, to persons not yet covered the same, or analogous, \n\nrules as those provided for for employed and self-employed persons \n\nand members of their families. The proposal is therefore to extend the Community coordinating \n\nrules to all insured persons, in particular to students and \n\nnon-employed persons. - 6 -\n\nProvision is therefore , made for these persons to benefit from the \n\nfollowing: \n\n(a) equality of treatment with nationals under the domestic \n\nlegislation of the Member States; \n\n(b) determination of the legislation applicable, except for \n\nstudents whose position, both provisional and basically \n\nvariable, makes it possible only to provide for special rules \n\non the grant of benefits; \n\n(c) aggregation of insurance, employment or residence periods for \n\nthe acquisition of the right to benefits; \n\n(d) \n\napplication, by analogy, of special rules on the grant of \n\nbenefits, where possible; \n\n(e) export of invalidity, old age and\"survivors' pensions and \n\npensions for accidents at work throughout Community territory, \n\nsubject to certain conditions and exceptions. The title of the Regulations has been amended in that the reference \n\nto employed and self-employed persons ana members of their \n\nfamilies has been replaced by a reference to \"persons\". The proposal provides for the inclusion of special schemes for \n\ncivil servants and persons treated as such and of non-employed persons, \n\nWith regard to special schemes for civil servants and persons \n\ntreated as such, from a strictly legal standpoint, the Commission \n\nhas taken account of the case law of the Court of Justice \n\nconcerning Article 48(4) of the Treaty. In line with this case law the Commission has taken the view that \n\nin principle all special schemes for civil servants should be \n\nincluded in the scope of the Regulations, except in the case of \n\nparticipation in pubkic authority. The Commission, conscious of the problems inherent in this approach, \n\nis however prepared to make any adaptations necessary at \n\nadministrative level and in the same context to examine in depth \n\nall the components for solutions that would be submitted to it. - 7 -\n\nThe Chapter on unemployment has been extended in its entirety to \n\nself-employed persons and also to school-leavers looking for work. The general, miscellaneous, transitional and final provisions of \n\nthe Regulations have likewise been extended to all persons \n\ncovered. IV. SPECIFIC REMARKS \n\nArticle 1 \n\nAmendments to Regulation (EEC) N\u00b0 1408/71 \n\n1. Amendment of the title of the Regulation. The amendment proposed takes account of the fact coordination \n\nis extended to all insured persons and no longer only to workers \n\nand members of their families. 2. Addition of a subparagraph (c)(a) and amendment of subparagraph \n\n(j) of Article 1. The new subparagraph (c)(a) gives a definition of \"student\". It \n\nexpressly excludes students who are also workers or members of a \n\nworker's family. This definition helps to clearly delimit this \n\nimportant new category of persons covered. The amended subparagraph (j) refers to the new Article 4(2)(a) \n\nprovided for in the proposal: the aim is to extend the definition \n\nof \"legislation\" to legislations concerning special schemes for \n\ncivil servants and persons treated as such. - 8 -\n\n3. Amendment of Article 2 \n\nThe scope of the Regulation should henceforth comprise \n\n- employed and self-employed persons, civil servants and persons \n\ntreated as such, students, and members of their families and \n\ntheir survivors (paragraphs 1 and 2 ); \n\n- pensioners and the other categories hereinafter referred to \n\nas \"non-employed persons\" (paragraph 3 ). This is a fundamental amendment in that it enables an extension of the \n\napplicability of the provisions of the Regulation to all persons \n\ninsured in a Member State. The new categories thus covered are \n\nstudents, members of their families and their survivors, and \n\nnon-employed persons who are neither members of a worker's or a \n\nstudent's family nor pensioners. Also covered are members of \n\ncivil servants' families, who were not previously covered. 4. Introduction of paragraph 2(a) and amendment of paragraph 4 of \n\nArticle 4. Paragraph 2(a) is intended to supplement the general provision of \n\nparagraph 2. It provides that special schemes for civil servants \n\nand persons treated as such and special schemes covering the \n\nnon-employed are included in the Regulation, account being taken, \n\nwhere appropriate, of certain rules of application and certain \n\nexceptions that must be specified in the Annexes. Some of these schemes have specific features that make the \n\nstraightforward application of the coordinating rules difficult. The Commission does not exclude the possibility of revising the \n\nprovisions relating to special schemes for civil servants and persons \n\ntreated as such in order to take account of the special features of \n\nnational legislation^ in observance of Community law. The reference in Article 4(4) to special schemes for civil \n\nservants and persons treated as such, previously excluded under \n\nthis provision, has been deleted. - 9 -\n\n5. Amendment of Article 10(2) \n\nSince this provision should concern all insured persons. ,the words \n\n\"as an employed or self-employed person\" should be deleted. 6. Amendment of Article 13(2)(f) \n\nThe new wording of this provision, broader than the old wording, \n\nencompasses the situation provided for in subparagraph (f) currently \n\nin force, namely the situation in which the person concerned ceases \n\nto be subject to a legislation without another legislation becoming \n\napplicable to him. It covers the category of non-employed persons \n\nin its entirety, including pensioners, subject in principle to the \n\nlegislation of the country of residence. It was deemed that the \n\nconcept of residence could not apply to students, whose position \n\nis extremely changeable. Students are therefore expressly excluded, \n\nwith the consequence that no Community rule makes provision for \n\ndetermining the legislation applicable to them. However, students \n\nare entitled to receive benefits in accordance with the special \n\nrules laid down in the following provisions of the Regulation. 7. Amendment of Article 22(3) \n\nA sentence has been added between the first and second existing ones \n\nin order to enable members of workers* families studying in a \n\nMember State other than the one where they are insured to receive \n\nin all cases medical treatment in the territory of the Member State \n\nwhere they are studying, even if such treatment is not immediately \n\nrequired. 8. Amendment of Article 25(1) and (2) \n\nA sentence has been added at the end of paragraph 1 to extend \n\ncoverage to persons newly registered as looking for employment, \n\na category covered by the new Article 71b, who go to a Member State \n\nother than the competent State in \"search of employment. - 10 -\n\nParagraph 2, like Article 71(1)(a)(ii) and the first sentence of \n\n(b)(ii) to which it refers, is extended to self-employed persons. 9. Addition of a Section 5a to Chapter 1 of Title III \n\nThis new section lays down special rules for the grant of sickness \n\nand maternity benefits to persons subject to a special scheme for \n\ncivil servants and persons treated as such, students and \n\nnon-employed persons. 10. Introduction of a new Article 34a \n\nThis new Article is intended to \u00ebpply by analogy all the provisions \n\nof the Chapter on Sickness and Maternity to persons subject to a \n\nspecial scheme for civil servants and persons treated as such. 11. Introduction of a new Article 34b \n\nThis new Article provides for the application by analogy to students \n\nand to members of their families of all the existing rules likely to \n\nconcern them (paragraph 1) and specific provisions to cover cases \n\nin which a student is pursuing his studies or vocational training in \n\na State other than the competent State where he is insured before \n\nhis departure (paragraph 2 ). 12. Introduction of a new Article 34c \n\nUnder this new Article the existing rules likely to concern \n\nnon-employed persons are made applicable to them by analogy. 13. Amendment of Article 35(3) \n\nThis amendment extends this provision to all persons to whom the \n\nRegulation applies, replacing the reference to \"employed or self-\n\nemployed persons\" and \"members of their families\" by \"persons \n\nto whom this Regulation is applicable\". - 11 -\n\n14. Addition of a Section 5 to Chapter 2 of Title III \n\nThis section extends coverage by the provisions of the Chapter \n\non Invalidity to persons subject to a special scheme for \n\ncivil servants and persons treated as such, students and \n\nnon-employed persons. 15. Introduction of a new Article 43a \n\nThe provisions of the preceding sections of this Chapter are \n\nmade applicable by analogy to persons subject to a special scheme \n\nfor civil servants and persons treated as such (paragraph 1). This new \n\nArticle further lays down specific rules for the taking into account of periods \n\ncompleted by these persons under a general or special scheme \n\nof another Member State (paragraphs 2 arr. d 3 ), for which purpose it \n\nis necessary to determine under what conditions these periods must \n\nbe taken into account for the acquisition of the right to benefits. 16. Introduction of a new Article 43b \n\nThe provisions of the preceding sections of the Chapter are made \n\napplicable by analogy to students and non-employed persons. 17. Addition of a Section 1 \"Employed and self-employed persons\" and \n\na Section 2 \"Persons other than those referred to in Section 1\" \n\nto Chapter 3 of Title III. Section 2 is designed to extend the provisions of \n\nSection 1 of the Chapter on \"Old age and death (pensions)\" to \n\npersons subject to a special scheme for civil servants and \n\npersons treated as such, to students and to non-employed persons. 18. Introduction of a new Article 51a \n\nThe provisions of Section 1 of the Chapter are made applicable by \n\nanalogy to persons subject to a special scheme for civil servants and \n\npersons treated as such (paragraph 1). This new Article further lays down \n\nspecific rules for the taking into account of periods completed \n\nby these persons under a general or special scheme (paragraphs \n\n2 and 3 ). - 12 -\n\n19. Introduction of a new Article 51b \n\nThe preceding provisions of Section 1 are made applicable by \n\nanalogy to students and non-employed persons. 20. Addition of a Section 5 to Chapter 4 to Title III \n\nThis section is intended to extend the provisions of the Chapter on \n\n\"Accidents at work and occupational diseases\" to persons subject to \n\na special scheme for civil servants and persons treated as such \n\nard to students. Non-employed persons are obviously not concerned \n\nby accidents at work and occupational diseases. Students, however, \n\nmay be so concerned in the course of vocational training. 21. Introduction of a new Article 63a \n\nThe preceding provisions of the Chapter are made applicable by analogy \n\nto persons submitted to a special scheme for civil servants and \n\npersons treated as such. 22. Introduction of a new Article 63b \n\nThe preceding provisions of the Chapter are made applicable by analogy \n\nto students. 23. Addition of a Section 1 on \"Employed and self-employed persons\" and \n\na Section 2 \"Persons other than those referred to in Section 1\" to \n\nChapter 5 of Title III. The new Section 2 extends applicability of the provisions of \n\nSection 1 of \n\nthe Chapter on \"Death grants\" to persons subject to \n\na special scheme for civil servants and persons treated as such, \n\nto students and to non-employed persons. 24. Introduction of a new Article 66a \n\nThe provisions of Section 1 of the Chapter are made applicable by \n\nanalogy to persons subject to a special scheme for civil servants \n\nand persons treated as such. 25. Introduction of a new Article 66b \n\n- 13 -\n\nSection 1 of the Chapter is made applicable by analogy to students \n\nand non-employed persons. 26. Amendment of paragraphs 1 to 4 of Article 67 \n\nThe provisions relating to unemployment are extended to self-employed \n\npersons. 27. Amendment of Article 7 K 1) \n\nThis provision is extended to non-employed persons. 28. Addition of a Section 4 to Chapter 6 \n\nThis new Section makes the provisions of the Chapter applicable on \n\nthe one hand to persons subject to a special scheme for civil servants \n\nand persons treated as such and on the other hand to persons newly \n\nregistered as seeking work. 29. Introduction of a new Article 71a \n\nThe Chapter is made applicable by analogy to persons subject to a \n\nspecial scheme for civil servants and persons treated as such. 30. introduction of a new Article 71b \n\nThe Chapter is made applicable by analogy to persons newly registered \n\nas seeking work within the limits of coordination, (i. e. in so far as \n\nthe national legislation provides for unemployed benefits for this \n\ncategory of unemployed persons). To the extent that benefits are \n\nprovided for by the legislation of one or more Member States it is \n\nlogical that these unemployed persons who have never worked should, \n\nin the framework of coordination extended to all persons, benefit \n\nfrom the same rules as unemployed workers. 31. Amendment of Article 72 \n\n- 14 -\n\nThis Article is amended to make provision also for the aggregation \n\nof residence periods for the acquisition of the right to family \n\nbenefits for the persons concerned. 32. Amendment of Article 72a \n\nArticle 71(1) henceforth applies also to self-employed persons and \n\nthis provision relating to family benefits, which refers to it, \n\nshould therefore be amended accordingly. 33. Amendment of Article 74 \n\nThe words \"An unemployed person who was formerly employed or \n\nself-employed\" are replaced by \"An unemployed person\"; the fact \n\nis that the unemployed person may be one who has never worked \n\nbefore, i. e. if he has registered for the first time as seeking \n\nemployment as referred to in Article 71b. 34. Introduction of a new Article 76a \n\nThe provisions of the Chapter on \"Family benefits\" are made \n\napplicable by analogy to persons subject to a special scheme \n\nfor civil servants and persons treated as such. 35. Introduction of a new Article 76b \n\nThis new Article makes provision for the aggregation of periods \n\nfor students and non-employed persons. Moreover, Member States \n\nwho so wish may still provide for the \"export\" of family benefits \n\n(i. e. the grant of these benefits in cases where the members of \n\nthe family reside in the territory of a Member State other than \n\nthe competent State) in their domestic legislation. 36. Introduction of a new Article 79a \n\nThe appropriate provisions of Chapter 8 are made applicable by analogy \n\nto an orphan of a person subject to a special scheme for civil servants \n\nand persons treated as such in order to grant family benefits to this \n\ncategory. - 15 -\n\n,7 \n\nAmendment of the names of the Administrative Commission on Social Security \n\nfor Migrant Workers and the Advisory Committee on Social Security for \n\nMigrant Workers \n\nThis is because the new version relates not only to migrant workers \n\nbut to all insured persons. The new names are more closely in line with \n\nthe responsibilities of these two bodies. 38. Introduction of a new Article 95a \n\nThis new Article lays down transitional provisions designed to protect \n\nthe persons to whom the proposal relates and to prevent them from losing \n\nrights as a result of the entry into force of the Regulation. 39. Amendment of Annex II \n\nA section 3 is added to enable the Member States to specify their \n\nconditions for applying schemes to students. A section 4 is added to \n\nenable the Member States to indicate the conditions for applying the \n\nschemes referred to in Article 4(2)(a) and, in some exceptional cases, \n\nto indicate their exclusion-\n\n40. Amendment of Annex VI \n\nUnder the heading \"E. France\" a provision is added specifying the \n\nrecognized or contracted establishments referred to in Article 1(c)(a) \n\nof the Regulation, defining the term \"student\". Under the heading \"L. United Kingdom\" a provision is added laying \n\ndown the conditions under which a person may be regarded as a \n\nstudent since there are no recognized or contracted establishments \n\nin the United Kingdom and as consequently the definition of the \n\nterm \"student\" laid down in Article 1(c)(a) of the Regulation cannot \n\napply as it stands. - 16 -\n\n41. Addition of a new Annex X \n\nThis Annex enables the Member States to specify the procedures for \n\napplying the provisions on pensions to non-employed persons. The \n\nfact is that some benefits are closely linked with residence in \n\nthe national territory and would be difficult to export. Article 2 \n\nAmendments to Regulation (EEC) N\u00b0 574/72 \n\n1. Amendment of the title of Regulation (EEC) N* 574/72 \n\nThis amendment is necessary as the scope of the Regulation no longer \n\ncovers only employed and self-employed persons. and members of their \n\nfamilies but all insured persons. 2. Article 4 of Regulation (EEC) N* 574/72 \n\nThis Article must be amended in order to specify the new provisions \n\nin Annex 3 relating to the determination of the institutions of the \n\nplace of study or vocational training. 3. Article 8 of Regulation (EEC) N* 574/72 \n\nThe words \"employed or self-employed-person\" and \"members of their \n\nfamilies\" have been replaced by \"the person concerned\" in paragraphs \n\n1 and 2 as this more generic wording makes it possible, where \n\nnecessary, to encompass other categories- \n\nParagraph 3, \n\nreferring to Article 14c of Regulation (EEC) N' 1408/71, therefore \n\nexclusively concerns cases of the pursuit of an occupation, and \n\ndoes not need to be amended. 4. Article 8a of Regulation (EEC) N\u00b0 574/72 \n\nHere, again, a more general wording (\"the person concerned\") should \n\nmake it possible to encompass all persons covered, in the case of \n\noverlapping of rights referred to in this provision. - 17 -\n\n5. Article 10 of Regulation (EEC) N\u00b0 574/72 \n\nThe heading above this Article must be amended: deletion of the \n\nwords \"employed or self-employed persons\" makes it possible to apply \n\nthis provision to all the other categories likely to be \n\nconcerned. 6. Article 10a of Regulation (EEC) N\u00b0 574/72 \n\nSince Chapter 7 on \"Family benefits\" of Regulation (EEC) N\u00b0 574/72 \n\nhas been extended to persons subject to a special scheme for civil \n\nservants and persons treated as such and, to some extent, to students \n\nand non-employed persons, it is logical that these categories of \n\npersons be covered in cases where they have been successively \n\nsubject to the legislation of several Member States during the same \n\nperiod or part of a period. 7. Article 10b of Regulation (EEC) N* 574/72 \n\nThis Article has been deleted. Its purpose was to implement \n\nArticle 13(2)(f) of the Regulation determining the legislation \n\napplicable to persons ceasing to be subject to the legislation \n\nof a Member State. However, Article 13(2)(f) has been replaced by a new, wider \n\nprovision encompassing the specific situation specified above, \n\ndetermining the legislation applicable to all non-employed persons. The latter are now subject to the legislation of the country of \n\nresidence as soon as they cease to pursue an occupation. This new \n\nrule does not require an implementing provision. 8. Article 16 of Regulation (EEC) N* 574/72 \n\nThis Article must be adapted to take account of the new categories \n\nof persons covered by Regulation (EEC) N\u00b0 1408/71 as regards \n\nsickness and maternity. - 18 -\n\n9. Article 17 of Regulation (EEC) N\u00b0 574/72 \n\nSince the provisions of Article 19 of Regulation (EEC) N\u00b0 1408/71 \n\nare applicable by analogy to persons subject to a special scheme \n\nfor civil servants and persons treated as such, this Article should \n\nbe amended accordingly: wherever the words \"employed or \n\nself-employed persons\" appear, the aforementioned should be expressly \n\nspecified. A paragraph 10 is added to cover members of students' families to \n\nwhom the provisions of Article 19(2) of Regulation (EEC) N* 1408/71 \n\nare applicable by analogy and to cover students as referred to in \n\nArticle 34b(2) of the Regulation. 10. Article 18 of Regulation (EEC) N\u00b0 574/72 \n\nParagraph 1 is amended so as to extend this Article to persons subject \n\nto a special scheme for civil servants and persons treated as such. A paragraph 10 is added to cover students as referred to in \n\nArticle 34b(2) of the Regulation. 11. Article 21 of Regulation (EEC) N\u00b0 574/72 \n\nThe proposed amendment covers the new categories of persons concerned \n\n(persons subject to a special scheme for civil servants and persons \n\ntreated as such, students, and non-employed persons) in respect of \n\nsickness and maternity during a stay in a Member State other than \n\nthe competent State. 12. Article 22 of Regulation (EEC) N\u00b0 574/72 \n\nThe proposed amendments are intended to afford sickness and maternity \n\nprotection (benefits in kind) for persons subject to a special scheme \n\nfor civil servants and persons treated as such in the event of a \n\ntransfer of residence or return to the country of residence,and for \n\nall the new categories of persons now covered when they are \n\nauthorized to go to another Member State for treatment. -19 -\n\n13. Article 24 of Regulation (EEC) N' 574/72 \n\nThe proposed amendments enable the grant of cash sickness and maternity \n\nbenefits to the new categories of persons now covered during a stay ir. a Member State other than the competent State. , \n\n14. Article 25 of Regulation (EEC) N* 574/72 \n\nThis provision requires amendment to enable the taking ir. to account \n\nof members of the families of persons subject to a special scheme \n\nfor civil servants and persons treated as such and members of \n\nstudents' families. 15. Article 35 of Regulation (EEC) N* 574/72 \n\nThis Article should be adapted to enable the submission of invalidity \n\nbenefit claims by persons subject to a special scheme for civil \n\nservants and persons treated as such, by stuoents, and by non-employed \n\npersons. 16. Article 36 of Regulation (EEC) N* 574/72 \n\nThis Article should also be adapted to enable the submission of \n\nclaims for old-age, survivors' and invalidity benefits as referred to \n\nin Chapter 3 of Regulation (EEC) N* 1408/71 by persons subject to \n\na special scheme for civil servants and persons treated as such, \n\nby students and by non-employed persons. 17. Article 37 of Regulation (EEC) N* 574/72 \n\nThese amendments are necessary to ensure that the new categories of \n\npersons now covered provide the appropriate documents. 18. Article 39 of Regulation (EEC) N' 574/72 \n\nThis Article relates to the provisions of Chapter 2 of \nRegulation (EEC) N# 1408/71 and should therefore be adapted as \n\na result of the inclusion of the new categories of persons in \n\nthat Chapter. - 20 -\n\n19. Article 42 of Regulation (EEC) N\u00b0 574/72 \n\nThis amendment is necessary for the investigation of benefit claims lodged \n\nby persons in one of the new categories covered. 20. Article 43 of Regulation (EEC) N\u00b0 574/72 \n\nThis amendment is required to enable the institutions concerned \n\nto follow the appropriate procedure, including in cases where \n\na claim is submitted by a person coming under one of the new \n\ncategories. 21. Article 44 of Regulation (EEC) N\u00b0 574/72. This Article should be adapted to determine the institution \n\nresponsible for taking the decision relating to the state of \n\ninvalidity in the case of the new categories of persons now covered. 22. Article 50 of Regulation (EEC) N\u00b0 574/72 \n\nThis amendment enables the application, of measures expediting the \n\naward of benefits in the case of the new categories of persons. 23. Article 60 of Regulation (EEC) N\u00b0 574/72 \n\nThe proposed amendments are intended to provide for the procedure \n\nto be followed for the grant of benefits in kind for accidents at \n\nwork and occupational diseases where the person subject to a \n\nspecial scheme for civil servants and persons treated as such or \n\nthe student concerned resides in a Member State other than the \n\ncompetent State. In this connection it: should be noted that it \n\nbecomes possible to determine the country of residence of a student \n\nwhen he sustains an accident at work or contracts an occupational \n\ndisease immobilizing him in the territory of a Member State. This observation is valid both for the corresponding provisions of \n\nRegulation (EEC) N\u00b0 1408/71 and for the following provisions of the \n\nimplementing Regulation. - 21 \n\n24. Article 61 of Regulation (EEC) N\u00b0 574/72 \n\nThe aim of the proposed amendments is to make provision for the \n\nprocedure to be followed for the grant of cash benefits for accidents \n\nat work and occupational diseases where the person subject to a special \n\nscheme for civil servants and persons treated as such or the student \n\nresides in a Member State other than the competent State. 25. Article 63 of Regulation (EEC) N\u00b0 574/72 \n\nThis Article should be adapted to provide for procedures for the grant \n\nof cash benefits for accidents at work and occupational diseases where \n\nthe person subject to a special scheme for civil servants and persons \n\ntreated as such or the student transfers his residence or returns to the \n\ncountry of residence or is authorized to go to another Member State for \n\ntreatment. 26. Article 64 of Regulation (EEC) N\u00b0 574/72 \n\nThis Article should also be adapted to provide for procedures for the \n\ngrant of cash benefits for accidents at work and occupational diseases \n\nother than pensions where the person subject to a special scheme for \n\ncivil servants and persons treated as such or the student stays in a \n\nMember State other than the competent State. 27. Article 66 of Regulation (EEC) N\u00b0 574/72 \n\nThe proposed amendment is necessary to extend coverage by this Article \n\non disputes concerning the occupational nature of an accident or disease \n\nto persons subject to a special scheme for civil servants and persons \n\ntreated as such and to students. - 22 -\n\n28. Amendment of the title of Chapter 5 on death grants \n\nReference is now made to Articles 66a and 66b of Regulation (EEC) \n\nN\u00b0 1408/71 which cover all the new categories now included (persons \n\nsubject. to a special scheme for civil servants and persons treated as \n\nsuch,, students, and non-employed persons). 29. Article 80 of Regulation (EEC) N\u00b0 574/72 \n\nThis Article should be adapted to extend coverage of its provisions on \n\nunemployment to self-employed persons and persons subject to a special \n\nscheme for civil servants and persons treated as such and, where \n\nappropriate, to persons newly registered as looking for work. 30. Article 84 of Regulation (EEC) N\u00b0 574/72 \n\nThe procedure for granting unemployment benefits should be extended \n\nto self-employed persons and persons subject to a special scheme \n\nfor civil servants and persons treated as such who during their last \n\nemployment resided in a Member State other than the competent State. 31. Article 85 of Regulation (EEC) N\u00b0 574/72 \n\nThe formalities for granting family benefits should also cover \n\nself-employed persons (as a result of the adoption of Regulation \n\n(EEC) N\u00b0 3427/89), persons subject to a special scheme for civil \n\nservants and persons treated as such, and to a certain extent \n\nnon-employed persons and students. 32. Article 86 of Regulation (EEC) N\u00b0 574/72 \n\nThe formalities laid down for the grant of family benefits where the \n\nchildren reside in a Member State other than the competent State should \n\nbe extended to self-employed persons and to persons subject to a \n\nspecial scheme for civil servants and persons treated as such. - 23 -\n\n33. Article 88 of Regulation (EEC) N\u00b0 574/72 \n\nThis Article refers to Article 74 which has been amended. Account \n\nmust therefore be taken of this amendment by using the words \n\n\"unemployed person\" instead of \"unemployed person who was formerly \n\nemployed or self-employed\". 34. Amendment of the title above Article 90 of Regulation \n\n(EEC) N\u00b0 574/72 \n\nA reference to the new Article 79a of Regulation (EEC) N\u00b0 1408/71 \n\nshould be added. 35. Article 90 of Regulation (EEC) N\u00b0 574/72 \n\nThis Article should be revised to enable claimants to fulfil the \n\nnecessary formalities when claiming family benefits for orphans \n\nof persons subject to a special scheme for civil servants and person \n\ntreated as such. 36. Article 91 of Regulation (EEC) N\u00b0 574/72 \n\nSimilarly, the application of these provisions should for the \n\npayment of benefits logically be extended to orphans of \n\npersons subject to a special scheme for civil servants and persons \n\ntreated as such. 37. Article 92 of Regulation (EEC) N\u00b0 574/72 \n\nAny change in the situation that is likely to alter the entitlement to \n\nfamily benefits of orphans of persons subject to a special scheme for \n\ncivil servants and persons treated as such should be notified under \n\nthe same conditions as for orphans of persons already covered. 38. Article 94 of Regulation (EEC) N\u00b0 574/72 \n\nThis amendment enables refunds between institutions of the cost of sickness and \n\nmaternity benefits in kind where members of the families of persons \n\nsubject to a special scheme for civil servants and persons treated as \n\nsuch or members of students' families reside ina Member State other \n\nthan the person concerned. - 24 -\n\n39. Amendment of Annex 3 to Regulation (EEC) N\u00b0 574/72 \n\nIn order to cover cases of students studying in a Member State other \n\nthan the competent State, Annex 3 should, in addition to the institutions \n\nof the place of residence and stay, list the institutions of the place \n\nwhere the person concerned is studying or pursuing vocational training. - 25 -\n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\namending Regulation (EEC) N\u00b0 1408/71 \n\non the application of social security schemes to employed persons, \n\nto self-employed persons and to members of their families moving \n\nwithin the Community and Regulation (EEC) N\" 574/72 laying down \n\nthe procedure for implementing Regulation (EEC) N\u00b0 1408/71 \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nand in particular Articles 2, 7, 51 and 235 thereof; \n\nHaving regard to the Community Charter of Basic Social Rights \n\nfor Workers; \n\nHaving regard to the proposal from the Commission \n\n, drawn up after \n\n(1) \n\nconsultation with the Administrative Commission on Social Security for \n\nMigrant Workers; \n\nHaving regard to the opinion of the European Parliament (2); \n\n(1) OJ N\u00b0 C \n\n(2) OJ N\u00b0 C \n\n\f- 26 -\n\nHaving regard to the opinion of the Economic and Social Committee ; \n\nWhereas Article 3(c) of the Treaty lays down that the activities of the \n\nCommunity shall include, as provided in the Treaty, the abolition, as \n\nbetween Member States, of obstacles to freedom of movement for persons; \n\nWhereas Article 8a of the Treaty provides that the internal market shall \n\nbe established by 31 December 1992; that the internal market shall comprise \n\nan area without internal frontiers in which the free movement of goods, persons, \n\nservices and capital is ensured in accordance with the provisions of the \n\nTreaty; \n\nWhereas with a view to establishing the free movement of employed and \n\nself-employed persons and removing the obstacles that would in the field \n\nof social security resultfrom the application of national legislations only, \n\nthe Council, on the basis of Articles 2, 7, 51 and 235 of the Treaty, has \n\nadopted Regulation (EEC) N\u00b0 1408/71 on the application of social security \n\nschemes to employed persons, to self-employed persons and to members of \ntheir families moving within the Community and Regulation (EEC) N8 574/72 \n\nlaying down the procedure for implementing Regulation (EEC) N\" 1408/71, \n\nas last amended by Regulation (EEC) N\u00b0 2195/91 , introducing rules for \n\n(4) \n\ncoordinating social security schemes applicable to employed and \n\nself-employed persons; \n\nWhereas the free movement of persons, which is one of the foundations of the \n\nCommunity, is not confined to employed and self-employed persons but should \n\nconcern all insured persons in the context of the social dimension of the \n\ninternal market; \n\nWhereas, moreover, the scope of the Regulation should be extended to include, \n\nin principle, the special schemes for civil servants and persons treated as \n\nsuch and the special schemes covering non-employed persons; \n\n(3) OJ N\u00b0 C \n(4) OJ N\u00b0 L 206 of 29 July 1991, p. 2 \n\n\f- 27 -\n\nWhereas the coordination of social security schemes applicable to these \n\npersons is necessary to attain one of the objectives of the Community; \n\nwhereas the Treaty does not provide for the necessary powers; \n\nWhereas in the domain of social security the application of national \n\nlegislations alone does not afford sufficient protection for persons moving \n\nwithin the Community; whereas in order to make the free movement of persons \n\nfully effective the social security schemes applicable to them should be \n\ncoordinated; \n\nWhereas for reasons of equity the same rules as those provided for for \n\nemployed and self-employed persons should to the largest extent possible \n\nbe applied to persons not yet covered; whereas these rules, for the \n\nsake of simplicity and clarity, should supplement the provisions already \n\nin force for employed and self-employed persons and members of their \n\nfamilies; \n\nWhereas it is necessary to make the adaptations to Regulations (EEC) No 1408/71 \n\nand (EEC) N\u00b0 574/72 that are necessary for the application to persons moving \n\nwithin the Community of the provisions of the said Regulations, taking account \n\nof the specific nature of the situation of these persons, 0f the special \n\nfeatures of the schemes with which they are insured/and of the benefits to \n\nwhich they are entitled; \n\nWhereas the adaptations to be made to the enacting terms of Regulations (EEC) \n\nN\u00b0 1408/71 and (EEC) N\u00b0 574/72 require adaptation of some of their Annexes; \n\nWhereas, in particular, it is necessary to specify in an Annex the conditions \n\nfor the application of certain special schemes; whereas it is necessary, \n\nmoreover, to provide a new Annex laying down the special rules for applying \n\nthe Community provisions on pensions to non-employed persons, \n\n\fHAS ADOPTED THIS REGULATION: \n\n- 28 -\n\nArticle 1 \n\nRegulation (EEC) N\u00b0 1408/71 is hereby amended as follows \n\nThe title is replaced by the following: \n\n\"Regulation (EEC) N\u00b0 1408/71 on the application of social security \n\nschemes to persons moving within the Community. \" \n\nArticle 1 is amended as follows: \n\n(a) \n\nAfter subparagraph (c), the following subparagraph (c)(a) \n\nis added: \n\n\"Student\" means any person, other than an employed or \n\nself-employed person or a member of his family who is \n\nvalidly enrolled in an establishment recognized or \n\napproved by the national authorities of a Member State \n\nto pursue studies or vocational training there, and is \n\ninsured under a special social security scheme applicable \n\nto students under the conditions specified in Annex II. \" \n\n(b) \n\nAt the end of the first sentence of subparagraph (j) the \n\nwords \"Article 4(1) and (2)\" shall be replaced by \n\n\"Article 4(1), (2) and (2)(a)\". - 29 -\n\n3. Article 2 is replaced by the following: \n\n\"(1) \n\nThis Regulation shall apply to employed or self-employed \n\npersons, civil servants and persons who, under the \n\nlegislation applicable, are treated as such, and to \n\nstudents, who are or have been subject to the legislation \n\nof one or more Member States and who are nationals of \n\none of the Member States or who are stateless persons or \n\nrefugees residing within the territory of one of the \n\nMember States, as well as to the members of their families \n\nand their survivors. (2)s This Regulation shall apply to the survivors of employed or \n\nself-employed persons, of civil servants and persons treated as such, \n\nand of students, who have been subject to the legislation of one or \n\nmore Member States, irrespective of the nationality of such persons, \n\nwhere their survivors are nationals of one of the Member States, or \n\nstateless persons or refugees residing within the territory of ore of \n\nthe Member States. (3): In addition, this Regulation shall apply to persons not \n\nreferred to in paragraphs 1 and 2 of this Article, provided that \n\nthese persons are or have been subject to the legislation of one or \n\nmore Member States and are nationals of one of the Member States, \n\nor stateless persons or refugees residing within the territory of one \n\nof the Member States. \" \n\n4. In Article 4 \n\n(a) The following paragraph 2(a) is added between paragraph 2 \n\nand paragraph 3: \n\n\"This Regulation shall apply to special social security schemes for \n\ncivil servants and persons treated as such and to special schemes \n\nfor the categories of persons other than employed or self-employed \n\npersons, taking account of the conditions and exceptions specified \n\nin Annex II. \" \n\n(b) \n\nIn paragraph 4 the words \", or to special schemes for civil \n\nservants and persons treated as such. \" are deleted. 30 -\n\n5. In Article 10(2) the words \"as an employed or self-employed person\" \n\nare deleted. 6. Article 13 is amended as follows. In paragraph 2, subparagraph (f) is replaced by the following: \n\n\"A person other than a student to whom the legislation of a Member State \n\nis not applicable in accordance with one of the rules laid down in the \n\npreceding subparagraphs or with one of the exceptions or special rules \n\nlaid down in Articles 14 to 17a shall be subject to the legislation of \n\nthe Member State in whose territory he resides. \" \n\n7. Article 22 is amended as follows: \n\nIn paragraph 3 the following sentence is added after the first sentence: \n\n\"However, the immediate necessity of treatment shall not be required in \n\nthe case of members of the family staying in a Member State other than \n\nthe competent State to pursue studies or vocational training there. \" \n\nThe word \"However\" at the start of the next sentence is replaced by \n\n\"Moreover\". 8. Article 25 is amended as follows: \n\n(a) \n\nAt the end of paragraph 1 the following sentence is added: \n\n\"The provisions of this paragraph shall apply by analogy \n\nto persons as referred to in Article 71b to whom the provisions \n\nof Article 69(1) apply. \" \n\n(b) \n\nIn paragraph 2 the words \"or self-employed\" are added after the \n\nword \"employed\". - 31 -\n\n9. In Chapter 1 of Title III a Section 5a is added between Section 5 and \n\nSection 6. The title is as follows: \n\n\"Persons other than those referred to in Sections 2 to 5\" \n\n1C. This new Section includes a new Article 34a, worded as follows: \n\n\"Civil servants and persons treated as such, and members of their \n\nfamilies \n\nThe provisions of Sections 2 to 7 shall apply by analogy \n\nto persons satisfying the conditions of a special scheme for \n\ncivil servants and persons treated as such, taking account, \n\nwhere appropriate, of the provisions of Article 18, and to \n\nmembers of their families. \" \n\n11. This Section also includes a new Article 34b, worded as follows: \n\n\"Students and members of their families \n\n\"(1) The provisions of Articles 18, 19(2), 22(1)(a)and (c), the \n\nsecond sentence of \n\n(2), (3), 23 and 24 shall apply by analogy \n\nto students and to members of their families, as appropriate. (2) A student pursuing his studies or vocational training in a \n\nMember State other than the competent State who satisfies the \n\nconditions laid down by the legislation of the latter State \n\nfor entitlement to benefits, taking account, where appropriate, \n\nof the provisions of Article 18, shall, while in the territory \n\nof the Member State where he is studying, receive \n\n(a) the benefits in kind provided, on behalf of the competent \n\ninstitution, by the institution of the place where he is \n\nstudying or pursuing vocational training,in accordance with \n\nthe provisions of the legislation which it administers, \n\nas though he were insured with it; \n\n\f- 32 -\n\n(b) the cash benefits provided by the competent institution in \n\naccordance with the legislation which it administers. \" \n\n12. It includes an Article 34c, worded as follows* \n\n\"Other persons \n\nThe provisions of Articles 18, 22(1)(a) and (c), the second sentence of (2), \n\nthe first sentence of (3), and 24 shall apply by analogy to the persons \n\nreferred to in Article 2(3). \" \n\n13. Article 35 is amended as follows: \n\nIn paragraph 3 the words \"shall apply neither to employed or \n\nself-employed persons nor to the members of their families\" are \n\nreplaced by \"shall not apply to persons\". 14. In Chapter 2 of Title III, a new Section 5 is added. The title is \n\nas follows: \n\n\"Persons other than those referred to in Sections 1 to 3\" \n\n15. This new Section includes an Article 43a, worded as follows: \n\n\"Civil servants and persons treated as such \n\n1. The provisions of Articles 37, 38(1), 39 and of Sections 2, \n\n3 and 4 shall apply by analogy to persons satisfying the \n\nconditions of a special scheme for civil servants and persons \n\ntreated as such. - 33 -\n\n2. However, where the legislation of a Member State makes the \n\ngrant of certain benefits conditional on the insurance periods \n\nhaving been completed solely under a special scheme for civil \n\nservants and persons treated as such, periods completed \n\nunder the legislation of other Member States shall be taken \n\ninto account for the grant of these benefits only if they were \n\ncompleted under a corresponding scheme. If, account being \n\ntaken of the periods thus completed, the person concerned does \n\nnot satisfy the qualifying conditions for the said benefits, \n\nthese periods shall be taken into account for the grant of \n\nbenefits under the general scheme or, failing this, under the \n\nscheme applicable to manual or clerical workers, as \n\nappropriate. 3. For the acquisition, retention and recovery of the right to \n\nbenefits within the meaning Article 38(1), the institution \n\nof a Member State administering a scheme that is not a \n\nspecial scheme for civil servants and persons treated as such \n\nshall take into account all periods completed under the \n\nlegislation of any Member State, irrespective of whether \n\nthey were completed under a general or a special scheme, \n\napplicable to civil servants and persons treated as such. \" \n\n16. It also includes a new Article 43b, worded as follows: \n\n\"Other persons \n\nThe provisions of Sections 1 to 4 shall apply by analogy to students \n\nand to persons as referred to in Article 2(3), subject to the \n\nspecial procedures laid down in Annex X. \" \n\n17. Chapter 3 of Title III is amended as follows: \n\n(a) \n\nA Section 1 is introduced, entitled \"Employed and self-employed persons\", \n\ncomprising Articles 44 to 51. (b) A Section 2 is introduced, entitled \"Persons other than those \n\nreferred to in Section 1\" \n\n\f- 34 -\n\n18. Section 2 of Chapter 3 includes an Article 51a, worded as follows: \n\n\"Civil servants and persons treatecj as such \n\n1- \n\nThe provisions of Articles 44, 45(1), (4) and (7), 46, 47, \n\n48, 49, 50 and 51 shall apply by analogy to persons satisfying \n\nthe conditions of a special scheme for civil servants and persons \n\ntreated as such. 2. However, where the legislation of a Member State makes the grant \n\nof certain benefits conditional on the insurance periods having \n\nbeen completed solely under a special scheme for civil servants \n\nand persons treated as such, periods completed under the \n\nlegislations other Member States shall be taken into account \n\nfor the grant of these benefits only if they were completed under \n\na corresponding scheme. If, taking account of the periods thus \n\ncompleted, the person concerned does not satisfy the qualifying \n\nconditions for the said benefits, these periods shall be taken \n\ninto account for the grant of the benefits of the general scheme \n\nor, failing this, of the scheme applicable to manual or clerical \n\nworkers, as appropriate. 3. For the acquisition, retention and recovery of the right to \n\nbenefits within the meaning of Article 45(1), the institution of \n\na Member State which administers a scheme that is not a special \n\nscheme for civil servants and persons treated as such shall take \n\ninto account all the periods completed under the legislation of \n\nany Member State, irrespective of whether they were completed \n\nunder a general or a special scheme, applicable to civil servants \n\nand persons treated as such. \" \n\n19. This Section also includes an Article 51b, worded as follows: \n\n\"Other persons \n\n\f35 -\n\nThe provisions of Section 1 shall apply by analogy to students and to \n\nthe persons referred to. in Article 2(3), subject to the special procedures \n\nprovided for in Annex X. \" \n\n20. Chapter 4 of Title III is amended as follows: \n\nA Section 5 is introduced, entitled \"Persons other than those \n\nreferred to in Sections 1 to 3\" \n\n21. This Section includes an Article 63a, worded as follows: \n\n\"Civil servants and persons treated as such \n\n1. The provisions to Sections 1 to 4 shall apply by analogy \n\nto persons satisfying the conditions of a special scheme for \n\ncivil servants and persons treated as such. \" \n\n22. It shall also include an Article 63b,worded as follows: \n\n\"Students \n\nThe provisions of Sections 1 to 4 shall apply by analogy to \n\nstudents. \" \n\n23. Chapter 5 of Title III is amended as follows: \n\n(a) a Section 1 is introduced, entitled \"Employed and self-employed persons\" \n\n(b) a Section 2 is introduced, entitled \"Persons other than those referred \n\nto in Section 1\" \n\n24. Section 2 includes an Article 66a, worded as follows: \n\n\"Civil servants and persons treated as such \n\n\f- 36 -\n\nThe provisions of Section 1 shall apply by analogy to persons satisfying \n\nthe conditions of a special scheme for civil servants and personvs treated \n\nas such. \" \n\n25. This Section also includes an Article 66b, worded as follows: \n\n\"Other persons \n\nThe provisions of Section 1 shall apply by analogy to students \n\nand to persons as referred to in Article 2(3), subject to the \n\nspecial procedures laid down in Annex X. \" \n\n26. In Article 67 the words \"employed person\" are replaced by \n\n\"employed or self-employed person\". 27. Article 71 is amended as follows: \n\nThe words \"employed person\" are replaced by \"employed or \n\nself-employed person\". 28. In Chapter 6 of Title III, a Section 4 is added, entitled \n\n\"Unemployed persons other than those referred to in Sections 1 to 3\" \n\n29. Section 4 includes an Article 71a, worded as follows: \n\n\"The provisions of Sections 1 to 3 shall apply by analogy to \n\npersons satisfying the conditions of a special scheme for \n\ncivil servants and persons treated as such. \" \n\n30. This Section also includes an Article 71b, worded as follows: \n\n\"Where the legislation of a Member State recognizes the right to \n\nbenefits of persons who have been newly registered as looking for \n\nwork, the provisions of Articles 68, 69 and 70 of this Chapter \n\nshall apply to them by analogy. \" \n\n\f- 37 -\n\n31. Article 72 is amended as follows: \n\nThe word \"self-employment\" is replaced by \"residence\". 32. Article 72a is amended as follows: \n\nThe words \"employed persons\" are replaced by \"employed or self-\n\nemployed persons\". The same applies where these words appear \n\nin the singular. 33. Article 74 is amended as follows: \n\nThe words \"unemployed person who was formerly employed or \n\nself-employed\" are replaced by \"unemployed person\". 34. A new Article 76a is added after Article 76, worded as follows: \n\n\"Civil servants and persons treated as such \n\nThe provisions of this Chapter shall apply by analogy to persons satisfying \n\nthe conditions of a special scheme for civil servants and persons treated as \n\nsuch, taking account, where appropriate, of the provisions of Article 72. \" \n\n35. A new Article 76b is added, worded as follows: \n\n\"Students and other persons \n\nThe provisions of Article 72 shall apply by analogy to students and \n\nto the persons referred to in Article 2(3) if the latter are not \n\npensioners. \" \n\n36. A new Article 79a is added after Article 79, worded as follows: \n\n\"Civil servants and persons treated as such \n\n\f- 38 -\n\n\"The provisions of Articles 77, 78 and 79 shall apply by analogy to an \n\norphan of a person satisfying the conditions of a special scheme \n\nfor civil servants and persons treated as such. \" \n\n37. Title IV is amended as follows: \n\nThe words \"Administrative Commission on Social Security for Migrant Workers\" \n\nare replaced by \"Administrative Commission on Coordination of Social \n\nSecurity Schemes\". 38. Title V is amended as follows: \n\nThe words \"Advisory Committee on Social Security for Migrant Workers\" \n\nare replaced by \"Advisory Committee on Coordination of Social Security \n\nSchemes\". 39. An Article 95a is added after Article 95, worded as follows: \n\n\"Transitional provisions for students, persons satisfying the conditions \n\nof a special scheme for civil servants and persons treated as such, \n\nand persons as referred to in Article 2(3), other than pensioners \n\n1. No right shall be acquired under this Regulation for any \n\nperiod prior to \n\n2. Any period of insurance and, where appropriate, any period of \n\nemployment, self-employment or residence completed under the \n\nlegislation of a Member State before \n\n(1) \n\nshall be taken \n\ninto account for the determination of rights acquired in \n\naccordance with the provisions of this Regulation. 3. Subject to the provisions of paragraph 1, a right shall be \n\nacquired under this Regulation even if it relates to a contingency \n\narising prior to. \u00ab. (1) \n\n(1) Date of entry into force of the Regulation ensuing from the present \n\nproposal. - 39 -\n\n4. Any benefit that has not been awarded or that has been suspended on \n\naccount of the nationality or the residence of the person concerned \n\nshall at the latter*s request be awarded or resumed from \n\n(1) \n\n, \n\nprovided that the rights for which benefits were previously awarded \n\ndid not give rise to a lump-sum payment. (1) \n\n5. The rights of persons who prior to \n\nobtained the award of a \n\npension may be reviewed at their request, account being taken of the \n\nprovisions of this Regulation. This provision shall also apply to \n\nthe other benefits referred to in Article 79a. 6. \" If the request referred to in paragraph 4 or. paragraph 5 is lodged \n\nwithin two years from \n\n(1 ) \n\n, rights deriving from this \n\nRegulation shall be acquired from that date and the provisions of \n\nthe legislation of any Member State on the forfeiture or lapse of \n\nrights may not be applied to the persons concerned. 7. If the request referred to in paragraph 4 or paragraph 5 is lodged \n\nafter expiry of the period of two years following \n\n(1) \n\n, \n\nrights not forfeited or lapsed shall be acquired from the date of such \n\nrequest, subject to any more favourable provisions of the legislation \n\nof any Member State. \" \n\n40. Annex II is amended as follows: \n\n(a) the words in parentheses are replaced by the following: \"Article 1(c)(a), \n\n(j) and (u) and Article 4(2)(a) of the Regulation\" \n\n(b) a Part III is added after Part II, entitled \"Special social \n\nsecurity schemes applicable to students. Conditions of application \n\n(Article 1 (c)(a). \", and reading as follows: \n\n(1) Date of entry into force of the Regulation ensuing from the present \n\nproposal. \"A. BELGIUM \n\n- 40 -\n\n1. Royal Decree of 28 June 1969 extending the scope of compulsory \n\nhealth care insurance to students in higher education. Conditions of application: \n\n- attend third-level education in Belgium at an \n\nestablishment providing day courses; \n\n- submit to the insurance institution a certified \n\nstatement provided by the educational establishment. 2. Royal Decree of 20 July 1979 determining the conditions which \n\n\u2022pupils and students must satisfy to qualify for compensation \n\nin respect of the sequelae of occupational diseases. Conditions of application: \n\nThis Decree shall apply where in the course of and by the \n\nnature of his training, a pupil or student has been exposed to the \n\nrisk of an occupational disease in so far as the latter is \n\ninherent in the pursuit of the occupation for which he has \n\nbeen training. 3. - Article 124 of the Royal Decree of 20 December 1963 on \n\nemployment and unemployment \n\n- Royal Decree of 8 August 1986 on the grant of the \n\ninterim allowance (allocation d'attente) to young workers \n\nwho have finished their studies. - 41 -\n\nConditions of application: \n\nUnemployment insurance covers persons newly registered as \n\nlooking for work on condition that they have either fully \n\ncompleted their studies at the secondary higher or \n\nsecondary lower level of technical or vocational training \n\nat an establishment organized, recognized or subsidized \n\nby one of the language communities of Belgium, or have \n\nobtained for the aforementioned studies a diploma or a \n\nleaving certificate before a central jury of one of the \n\nlanguage communities of Belgium. B. DENMARK \n\nDoes not apply. C. GERMANY \n\nDoes not apply. D. SPAIN \n\nOnly health services provided for under specific circumstances and \n\nbenefits for accidents sustained at school are covered by the \n\nspecial scheme applicable to students. E. FRANCE \n\n1. Sickness and maternity insurance for students provided for by \n\nArticles L 381-3 to L 381-11 of the Social Security Code. 42 -\n\nPupils and students at establishments approved for this \n\npurpose are compulsorily covered by this insurance provided that \n\nthey are neither covered by social security nor are dependants \n\nof a person covered by social security and provided that they do \n\nnot exceed an age limit (Article R 381-5 of the Social Security Code: \n\n26 years), which may however be raised on medical or civil grounds \n\nor to take account of the nature of certain studies. 2. Personal insurance: Article D 741-6-1\" and 2\" of the \n\nSocial Security Code. The following may join personal insurance: \n\n(a) students pursuing education approved for this purpose, \n\nprovided that they are under the age of 26. They must pay an \n\nannual flat-rate contribution, the amount of which is identical \n\nwith the sickness and maternity insurance contribution payable by \n\nstudents; \n\n(b) foreign students receiving a grant from their government \n\nwho do not come under the French social security scheme for \n\nstudents. They must pay a contribution calculated on an annual \n\nflat-rate basis, equal to a quarter of the social contribution \n\nceiling. 3. Insurance for accidents at work: Article L 412-8-2\" (a), \n\n(b) and (c) of the Social Insurance Code. F. GREECE \n\nDoes not apply. G. IRELAND \n\nDoes not apply. - 43 -\n\nH. ITALY \n\nSickness and maternity: the sole condition for coverage of \n\nstudents under the sickness insurance scheme is their residence \n\nwithin the national territory. I. LUXEMBOURG \n\n1. Book I of the Social Insurance Code concerning sickness \n\nand maternity insurance. Insurance covers persons over the age of 18 pursuing in \n\nLuxembourg studies or unremunerated vocational training as an \n\napprentice who do not enjoy protection in any other way. 2. Book II of the Social Insurance Code concerning accident \n\ninsurance. Insurance for occupational accidents is extended to \n\n- pupils at technical or vocational training courses or \n\ngeneral courses accessory thereto, organized or approved \n\nby the State or organized by the communes and the \n\nprofessional institutes; \n\n- pre-school, school and university activities organized \n\nby the State, the communes and the professional institutes \n\nor approved by the State>in the territory of the \n\nGrand Duchy of Luxembourg. J. NETHERLANDS \n\nDoes not apply. - 44 -\n\nK. PORTUGAL \n\nDoes not apply \n\nL. UNITED KINGDOM \n\nA student who is insured under the legislation of the \n\nUnited Kingdom, or of Gibralter, concerning one of the \n\nbranches of social security mentioned at Article 4(1) \n\nof the Regulation shall be considered to be insured \n\nunder a social security scheme applicable to students \n\nwith the terms of Article 1(c)(a) of the Regulation\". (c) A Part IV is added, entitled \"Special social security \n\nschemes for civil servants and persons treated as such; social \n\nsecurity schemes covering categories of persons other than \n\nemployed or self-employed persons and students (Article 4(2)(a) \n\nof the Regulation)\". The text is as follows: \n\n\"1. Special schemes for civil servants and persons treated as \n\nsuch\" \n\nA. BELGIUM \n\nDoes not apply. B. DENMARK \n\nSpecial pension schemes established by law or decrees concerning \n\nState or municipal civil servants and persons treated as such \n\nare included in the scope of the Regulation. C. GERMANY \n\nDoes not apply. D. SPAIN \n\nDoes not apply. - 45 \n\n-\n\nE. FRANCE \n\nDoes not a p p l y. F. GREECE \n\nDoes not apply. G. IRELAND \n\nDoes not apply. H. ITALY \n\nAll special schemes are included in the scope of the Regulation, \n\nI. LUXEMBOURG \n\n1. The following schemes are included in the scope of the \n\nRegulation: \n\n1. The sickness and maternity insurance scheme referred \n\nto in Book I of the Social Insurance Code. 2. The accident insurance scheme referred to in Book II \n\nof the Social Insurance Code. 3. The scheme referred to in the Law of 19 June 1985 \n\nconcerning family allowances and establishing the \n\nCaisse nationale des prestations familiales \n\n(National Family Benefits Fund). - 46 -\n\n2. Non-contributory civil service pension schemes are also \n\nincluded in the scope of the Regulation to the extent that \n\nthey are effectively social security schemes. J. NETHERLANDS \n\nDoes not apply. K. PORTUGAL \n\nThe following schemes are included in the scope of the Regulation: \n\n1. scheme relating to protection in the case of sickness and \n\nmaternity (cash benefits and administration of remuneration); \n\n2. scheme relating to retirement because of occupational \n\nincapacity (invalidity); \n\n3. scheme concerning age-related retirement (old age); \n\n4. scheme relating to survivors' pensions; \n\n5. scheme relating to compensation for injuries and retirement \n\nresulting from an accident at work or an occupational disease; \n\n\f- 47 -\n\n6. scheme relating to death grants. By way of exception, the following special schemes are excluded \n\nfrom the scope of the Regulation: \n\n1. scheme relating to invalidity pensions for military \n\npersonnel under compulsory military service; \n\n2. Scheme relating to the \"pre\u00e7o de sangue\" pension \n\n(death of a civil servant in the performance of his \n\npublic or military duties) and other similar pensions. L. UNITED KINGDOM \n\nDoes not apply. 2. Special social security schemes covering categories of \n\npersons other than employed and self-employed persons \n\nand other than students. A. BELGIUM \n\nThe schemes included in the scope of the Regulation and the \n\nprovisions for implementing these schemes are as follows: \n\n1. Royal Decree of 28 June 1969 extending the scope of \n\ncompulsory health care insurance to persons not yet \n\nprotected. Conditions of application: \n\n- effectively have one's principal residence in Belgiumi \n\nand have been registered as such in the municipal \n\nregisters for at least six months prior to joining \n\na sickness fund or the Caisse auxiliaire d'assurance \n\nmaladie - invalidit\u00e9 (Auxiliary Sickness and Invalidity Fund); \n\n\f- 48 -\n\n- not receive benefits under another Belgian or foreign \n\ncompulsory health care insurance scheme. 2. Royal Decree of 20 July 1970 extending the scope of health \n\ncare insurance to disabled persons. Conditions of application: \n\n- have one's domicile in Belgium and have effectively \n\nresided there for at least three months; \n\n- have reached the age of 15; \n\n- have been recognized before the age of 65 (men) \n\nor 60 (women) as incapable, because of one's \n\nstate of physical or mental health, of pursuing \n\ngainful employment for an expected duration of at \n\nleast one month on the basis of the criteria laid \n\ndown in Article 56(1) of the Law of 9 August 1963 \n\nestablishing and organizing a compulsory insurance \n\nscheme for sickness and invalidity (diminution of \n\nearning capacity of at least 2/3 and having \n\nceased all work). 3. Royal Decree of 28 June 1969 extending the scope of \n\ncompulsory health care insurance to members of religious \n\norders. Conditions of application: \n\n- be a member of a religious order other than those \n\nreferred to in Article 1 of the Royal Decree of \n\n28 June 1969 extending, the scope of compulsory \n\nhealth care insurance to certain members of the \n\nclergy and of religious orders; \n\n- submit to the insurance institution a certified \n\nstatement provided by the religious order. - 49 -\n\n4. Law of 27 February 1987 relating to allowances for \n\ndisabled persons, in accordance with the provisions \n\nlaid down in Annex X. B. DENMARK \n\nDoes not apply. C. GERMANY \n\nDoes not apply. D. SPAIN \n\nDoes not apply. E. FRANCE \n\n1. Persons residing within French territory in accordance with \n\nthe relevant national and Community provisions may join \n\n(a) personal insurance established by Articles L 741-1 to 741-13 \n\nof the Social Security Code; \n\n(b) voluntary old-age insurance and voluntary invalidity insurance \n\non condition that the person concerned voluntarily provides constant attendance for \n\na member of his family under the conditions laid down in the \n\nsecond subparagraph of Article L 742-1 of the Social Security Code \n\nor satisfies the family situation conditions laid down in the \n\nthird subparagraph of the aforementioned Article L 742-1. 2. The non-contributory special benefits and the benefits for \n\ndisabled persons shall be granted in accordance with the provisions \n\nlaid down in Annex X. - 50 -\n\nF. GREECE \n\nDoes not apply. G. IRELAND \n\nDoes not apply. H. ITALY \n\nThe sole condition for coverage by sickness and maternity insurance \n\nis residence within the national territory. I. LUXEMBOURG \n\nThe sickness and maternity insurance scheme referred to in Book I \n\nof the Social Insurance Code is included in the scope of the \n\nRegulation where it concerns \n\n- recipients of a supplement under the Law of 26 July 1986, as amended, \n\non the guaranteed minimum income; \n\n- persons residing in Luxembourg who as a result of physical or \n\nmental infirmity are unable to earn a living and who do not \n\nenjoy protection in any other way. J. NETHERLANDS \n\nDoes not apply. K. PORTUGAL \n\nNon-contributory benefits, in accordance with the provisions \n\nlaid down in Annex X, are included in the scope of the \n\nRegulation. - 51 -\n\nL. UNITED KINGDOM \n\nDoes not apply. \" \n\n41. Annex VI is amended as follows \n\n(a) \n\nUnder the heading \"E. FRANCE\" the following is added; \n\n\"8. For the purpose of applying Article 1(c)(a), the establishments \n\nrecognized or approved by the national authorities are the \n\nfollowing: \n\n(a) Establishments of higher education, technical colleges, \n\nprofessional colleges and second-level classes preparatory to \n\nthese colleges, that are approved under the conditions laid \n\ndown by the Decree of 29 December 1965, as amended, relating \n\nto the social insurance scheme for students, implementing \n\nArticle L 381-5 of the Social Security Code. (b) The forms of education approved under the conditions laid \n\ndown in Article D 741-6-1e of the Social Security Code relating \n\nto coverage of pupils and students under personal insurance. \" \n\n\f- 52 -\n\n(b) Under the heading \"L. UNITED KINGDOM\" the following is added: \n\n\"21. A person who is validly enrolled at an educational establishment \n\nin the United Kingdom shall not be precluded from being considered \n\na student within the meaning of Article 1(c)(a) of the Regulation \n\nsolely because there is no scheme in the United Kingdom for \n\nrecognizing or approving such establishments and because that \n\nperson therefore does not attend an establishment that has been \n\nrecognized or approved by the national authorities. However, \n\nsuch a person must either be undertaking advanced education \n\nwithin the meaning of Regulation 1(2) of the Child Benefit \n\n(General) Regulation 1976 (or the Child Benefit (General) \n\nRegulations (Northern Ireland) 1979) or be at least 19 years \n\nof age. 42. An Annex X is introduced, reading as follows: \n\n\"Special procedures for implementing Chapters 2, 3 and 5 of \n\nTitle III for persons other than employed or self-employed persons \n\n(Articles 43b, 51b and 66b of the Regulation) \n\nA. BELGIUM \n\nThe allowances for disabled persons provided for by the \n\nLaw of 27 February 1987 shall not be provided if the beneficiary \n\nresides in a territory other than that of Belgium. They shall \n\ntherefore not be exportable. B. DENMARK \n\n1. Non-employed persons shall be entitled to a Danish social \n\npension if they resided in Denmark for at Least three years between \n\nthe ages for the beginning and end of working life as laid down by \n\nDanish legislation. - 53 -\n\n2. Periods during which a non-employed person received a pension \n\nfrom another Member State shall not be taken into account towards \n\nthe completion of the residence period referred to in paragraph 1. C. GERMANY \n\nDoes not apply. D. SPAIN \n\n1. The non-contributory benefits of the Spanish social security \n\nscheme provided for by Law 26/1990 of 20 December 1990 shall be \n\nprovided solely to beneficiaries residing in Spain. They may \n\nin no case be exported outside the national territory. 2. The conditions required by Spanish social security for the \n\ngrant of non-contributory invalidity and retirement pensions are \n\nas follows: \n\n(a) Invalidity pension: \n\n- be over the age of 18 and under 65j \n\nreside lawfully within. Spanish territory and have had \n\none's residence there for five years, of which two years \n\nimmediately prior to the date on which the pension is \n\nclaimed'T \n\nhave over 65% invalidity or chronic illness^ \n\nlack adequate means or income, the level of which is \n\nfixed periodically. (b) R e t i r e m e nt p e n s i o n: \n\n- \n\n- \n\nbe over \n\nt he age of 65} \n\nreside lawfully within Spanish t e r r i t o ry and have had one's residence \n\nt h e re \n\nf or 10 years between t he age of 16 and t he age on \n\nwhich the person concerned e x e r c i s es h is \n\nr i g ht \n\nto p e n s i o n, \n\nof which two c o n s e c u t i ve years \n\ni m m e d i a t e ly p r i or \n\nto \n\nt he \n\nd a te on which t he b e n e f it \n\nis c l a i m e d^ \n\n\f- 5 4\u2014 \n\n- lack adequate means or income, the level of which is \n\nfixed periodically. 3. The special social security scheme for students does not make \n\nprovision for students to receive benefits in respect of invalidity \n\n(except benefits for school accidents), old age or death, nor for \n\nbenefits payable upon the student's death. E. FRANCE \n\nfor the purpose of applying Article 43 b) and 51 b) to the persons \n\nreferred to in Article 2 (3) of the Regulation, the non-contributory \n\nspecial benefits and the benefits for handicapped persons shall be \n\ngranted to persons residing in France in accordance with national \n\nand Community provisions. F. GREECE \n\nDoes not apply. G. IRELAND \n\nDoes not apply. H. ITALY \n\nDoes not apply. I. LUXEMBOURG \n\nDoes not apply. - 55 -\n\nJ. NETHERLANDS \n\nDoes not apply. K. PORTUGAL \n\nFor the purpose of applying Articles 43a and 51a to the persons \n\nreferred to in Article 2<3), the non-contributory benefits in \n\nrespect of invalidity, old age and death shall be granted to \n\npersons residing in Portugal. L. UNITED KINGDOM \n\nDoes not apply. - 56 -\n\nArticle 2 \n\nRegulation (EEC) N\u00b0 574/72 is amended as follows. 1. The title is replaced by the following: \n\n\"Regulation (EEC) N\u00b0 574/72 laying down the procedure for \n\nimplementing Regulation (EEC) N\u00b0 1408/71 on the application of \n\nsocial security schemes to persons moving within the Community\". 2. Article 4 is amended as follows: \n\nParagraph 3 is replaced by the following: \n\n\"The institutions of the place of residence, the institutions of \n\nthe place of stay, and the institutions of the place of study or \n\nvocational training of each Member State are listed in Annex 3. \" \n\n3. Article 8 is amended as follows: \n\n(a) At the beginning of paragraph 1 the words \"If an employed or \n\nself-employed person or a member of his family\" are replaced by \n\n\"If the person concerned\". At the end of this paragraph the words \"the employed or self-\n\nemployed person/\" are replaced by \"the person concerned\". (b) At the beginning of paragraph 2 the words \"If an employed or \n\nself-employed person\" are replaced by \"If the person concerned\". At the end of paragraph 2, the words\" the person concerned\" are \n\nreplaced by the word \"he\". - 57 -\n\n4. Article 8a is amended as follows! \n\nIn paragraph 1 the words \"an employed or self-employed person or \n\na member of his family\" are replaced by \"the person concerned\". 5. Article 10 is amended as follows: \n\nThe title is replaced by the following \"Rules applicable in the \n\ncase of overlapping of rights to family benefits or family \n\nallowances\". 6. Article 10a is amended as follows! \n\n(a) The title is replaced by the following: \n\n\"Rules applicable when during the same period or part of \n\na period the employed or self-employed person or one of the \n\npersons referred to in Articles 76a and 76b of the Regulation \n\nis successively subject to the legislation of several \n\nMember States\". (b) At the beginning of paragraph 1, after the words \n\n\"If an employed or self-employed person\", the words \n\n\"or one of the persons referred to in Articles 76a \n\nand 76b of the Regulation\" are added. 7. Article 10b is deleted. 8. Article 16 is amended as followsl \n\n(a) The text of paragraph 1 is replaced by the following: \n\n\"In order to invoke the provisions of Article 18 of the \n\nRegulation, an employed or self-employed person and the \n\npersons referred to in Articles 34a, 34b and 34c of the \n\nRegulation shall submit to the competent institution \n\na certified statement specifying the periods of \n\ninsurance completed under the legislation to which \n\nthey were last subject. \" \n\n\f- 58-\n\n(b) \n\nIn paragraph 2, after the words \"employed or self-employed \n\nperson\"^ the words \"or one of the persons referred to in \n\nArticles 34a, 34b and 34c of the Regulation\" are added. 9. Article 17 is amended as follows. (a) The text of paragraph 1 is replaced by the following: \n\n\"In order to receive benefits in kind under Article 19 of \n\nthe Regulation, an employed or self-employed person and \n\nthe person referred to in Article 34a of the Regulation \n\nmust register themselves and the members of their families \n\nwith the institution of the place of residence by submitting \n\na certified statement testifying that they and the members \n\nof their families are entitled to the said benefits. This \n\ncertified statement, based upon information supplied by the \n\nemployer, where appropriate, shall be issued by the competent \n\ninstitution. If the employed or self-employed person, the \n\nperson referred to in Article 34a of the Regulation, or the \n\nmembers of their families do not submit the said certified \n\nstatement the institution of the place of residence shall \n\nobtain it from the competent institution. \" \n\n(b) The text of paragraph 8 is replaced by the following: \n\n\"The employed or self-employed person, the person referred \n\nto in Article 34a of the Regulation or the members of their \n\nfamilies shall inform the institution of the place of \n\nresidence of any change in their situation which is likely to \n\nalter their entitlement to benefits in kind, in particular \n\nany cessation or change of the employment or self-employment \n\nof the person concerned or any transfer of residence or \n\nstay of the employed or self-employed person or of a member \n\nof his family. - 59 -\n\nLikewise, should the employed or self-employed person or the \n\nperson referred to in Article 34a of the Regulation cease to be \n\ninsured or cease to be entitled to benefits in kind, the \n\ncompetent institution shall inform the institution of the \n\nplace of residence accordingly. The institution of the place \n\nof residence may, at any time, request the competent institution \n\nto supply it with any information relating to the insurance \n\nor to the entitlement to benefits in kirvd of the employed or \n\nself-employed person or of the person referred to in \n\nArticle 34a of the Regulation. \" \n\n(c) A paragraph 10 is added, worded as follows: \n\n\"The provisions of the preceding paragraphs shall apply by \n\nanalogy to the members of a student's family. These provisions \n\nshall also apply by analogy to students as referred to in \n\nArticle 34b(2) of the Regulation, and in this case the \n\ninstitution of the place of study or vocational training shall \n\nbe regarded as institution of the place of residence. \" \n\n10. Article 18 shall be amended as follows: \n\n(a) \n\nIn paragraph 1 the words \"an employed or self-employed person\" \n\nare replaced by the words \"an employed or self-employed person \n\nand the person referred to in Article 34a of the Regulation\". (b) A paragraph 10 is added, worded as follows: \n\n\"The provisions of the preceding paragraphs shall apply by \n\nanalogy to students as referred to in Article 34b(2) of the \n\nRegulation, and in this case the institution of the place of \n\nstudy or vocational training shall be regarded as institution \n\nof the place of residence. \" \n\n\f- 60 -\n\n11. Article 21 is amended as follows: \n\n(a) \n\nAt the end of the title the words \"or self-employed persons\" \n\nare replaced by \", self-employed persons or persons referred \n\nto in Articles 34a, 34b and 34c of the Regulation. \" \n\n(b) \n\nThe first sentence of paragraph 1 \\s replaced by the \n\nfollowing sentence: \n\n\"In order to receive benefits in kind under Article 22(1)(a)(i) \n\nof the Regulation, save in the case referred to in Article 20 \n\nof the implementing Regulation, an employed or self-employed \n\nperson and the persons referred to in Articles 34a, 34b and \n\n34c of the Regulation shall submit to the institution of the \n\nplace of stay a certified statement stating that they are \n\nentitled to benefits in kind. \" \n\n12. Article 22 is amended as follows: \n\n(a) \n\nThe title is replaced by the following: \n\n\"Benefits in kind for employed or self-employed persons and \n\nfor the persons referred to in Article 34a of the Regulation \n\nwho transfer their residence or return to their country of \n\nresidence, and for employed or self-employed persons and the \n\npersons referred to in Articles 34a, 34b and 34c of the \n\nRegulation who are authorized to go to another Member State for \n\nmedical treatment. \" \n\n(b) \n\nIn the first sentence of paragraph 1 the words \"an employed \n\nor self-employed person\" are replaced by \"an employed or \n\nself-employed person and a person as referred to in Article 34a \n\nof the Regulation\". The word \"he\" is replaced by \"they\". 13. Article 24 is amended as follows: \n\n(a) \n\nIn the title the words \"and for persons as referred to in \n\nArticles 34a, 34b and 34c of the Regulation\" are inserted \n\nafter the words \"self-employed persons\". - 61 -\n\n(b) The text of the Article is replaced by the following: \n\n\"The provisions of Article 18 of the implementing Regulation \n\nshall apply by analogy in respect of the receipt of cash \n\nbenefits under Article 22(1)<a)(ii) of the Regulation. However, without prejudice to the obligation to submit a \n\ncertificate of incapacity for work, neither the employed \n\nor se If-employed person nor the person referred to in \n\nArticle 34a of the Regulation shall be required to submit \n\nthe notification of having ceased work referred to in \n\nArticle 18(1) of the implementing Regulation if they \n\nare staying in the territory of a Member State without \n\npursuing an occupation there. \" \n\n14. Article 25 is amended as follows! \n\nIn paragraph 1 the words \"an employed or self-employed person\" \n\nare replaced by \"an employed or self-employed person and the persons \n\nreferred to in Articles 34a and 34b of the Regulation\". 15. Article 35 is amended as follows! \n\n(a) \n\nThe title is replaced by the following: \n\n\"Claims for invalidity benefits where the employed or \n\nself-employed person or the persons referred to in \n\nArticles 43a and 43b of the Regulation have been subject \n\nexclusively to the legislations specifiedin Annex IV to \n\nthe Regulation and in the case referred to in Article 40(2) \n\nof the Regulation\". - 62 -\n\n(b) \n\nThe first sentence of paragraph 1 is replaced by the \n\nfollowing: \n\n\"In order to receive benefits under Articles 37, 38 and 39 \n\nof the Regulation, including in the cases referred to in \n\nArticles 40(2), 41<(1) and 42(2) of the Regulation, \n\nan employed or self-employed person and the persons \n\nreferred to in Articles 43a and 43b of the Regulation \n\nshall submit a claim either to the institution of the \n\nMember State to whose legislation they were subject at \n\nthe time of occurrence of the incapacity for work \n\nfollowed by invalidity or the aggravation of such \n\ninvalidity, or to the institution of the place of \n\nresidence, which shall then forward the claim to the first \n\ninstitution, indicating the date on which it was submitted; \n\nthis date shall be regarded as the date of the submission of \n\nthe claim to the first institution. \" \n\n(c) \n\nIn paragraph 2 the words \"or one of the persons referred to in \n\nArticles 43a and 43b of the Regulation\" are added after the \n\nwords \"the employed or self-employed person\". (d) \n\nIn the second sentence of paragraph 3 the words \"or one of the \n\npersons referred to in Articles 43a and 43b of the Regulation\" \n\nare added after the words \"the employed or self-employed person\" \n\n16. Article 36 is amended as follows: \n\nThe words \"or one of the persons referred to in Articles 51a and 51b \n\nof the Regulation\" are added after the words \"the employed or self-\n\nemployed person\". 17, \n\nArticle 37 is amended as follows: \n\nThe words \"or one of the persons referred to in Articles 51a and 51b \n\nof the Regulation\" are added after the words \"the employed or self-\n\nemployed person\". - 63 -\n\n18. Article 39 is amended as follows? \n\nThe words \"or one of the persons referred to in Articles 43a and 43b \n\nof the Regulation\" are added after the words \"the employed or self-\n\nemployed person\". 19. Article 42 is amended as follows! \n\nThe words \"or one of the persons referred to in Articles 43a, 43b, 51a \n\nand 51b of the Regulation\" are added after the words \"the employed or \n\nself-employed person\". 20. Article 43 is amended as follows: \n\nThe words \"or one of the persons referred to in Articles 43a, 43b, \n\n51a and 51b of the Regulation\" are added after the words \"the \n\nemployed or self-employed person\". 21. Article 44 is amended as follows*. The words \"or one of the persons referred to in Articles 51a and 51b \n\nof the Regulation\" are added after the words \"the employed or \n\nself-employed person\". 22. Article 50 is amended as follows! \n\nIn paragraph 1(a)(i) the words \"or one of the persons referred to \n\nin Articles 43a, 43b, 51a and 51b of the Regulation\" are added after \n\n\"Where an employed or self-employed person\". 23. In the title of Chapter 4 the words \"Articles 52 and 53\" are \n\nreplaced by \"Articles 52, 53, 63a and 63b\". 64 -\n\n24. Article 60 is amended as follows*. The text of paragraph 1 is replaced by the following: \n\n\"In order to receive benefits in kind under Article 52(a) of the \n\nRegulation, an employed or self-employed person and the persons referred to in \n\nArticles 63a and 63b of the Regulation shall submit to the institution \n\nof the place of residence a certified statement testifying that they are \n\nentitled to such benefits in kind. This certified statement, based upon \n\ninformation supplied by the employer, where appropriate, shall be \n\nissued by the competent institution. Moreover, if the legislation of \n\nthe competent State so provides, the employed or self-employed person \n\nand the persons referred to in Articles 63a and 63b of the Regulation \n\nshall submit to the institution of the place of residence a receipt \n\nfrom the competent institution of notification of an accident at work \n\nor of an occupational disease. If the person concerned does not \n\nsubmit such documents, the institution of the place of residence shall \n\nobtain them from the competent institution and, pending their arrival, \n\nit shall grant him the benefits in kind under sickness insurance, \n\nprovided that he satisfies the conditions for entitlement thereto. \" \n\n25. Article 61 is amended as follows. In paragraph 1 the words \"an employed or self-employed person\" \n\nare replaced by \"an employed or self-employed person and the persons \n\nreferred to in Articles 63a and 63b of the Regulation\". 26. Article 63 is amended as follows: \n\n(a) In the title the words \"and for the persons referred to in \n\nArticles 63a and 63b of the Regulation\" are added after \n\n\"for employed and self-employed persons\". - 65 -\n\n(b) In paragraph 1 the words \"an employed or self-employed person\" \n\nare replaced by \"an employed or self-employed person and the \n\npersons referred to in Articles 63a and 64b of the Regulation\". The words \"that he is\" are replaced by \"that they are\". 27. Article 64 is amended as follows! \n\nThe second sentence is replaced by the following: \n\n\"However, without prejudice to the obligation to submit a certificate \n\nof incapacity for work, an employed or self-employed person and the \n\npersons referred to in Articles 63a and 63b of the Regulation who are \n\nstaying in the territory of a Member State without pursuing any \n\nprofessional or trade activity there shall not be required to submit \n\nthe notification of having ceased work referred to in Article 61(1) of \n\nthe implementing Regulation. \" \n\n28. Article 66 is amended as follows: \n\nThe words \"or one of the persons referred to in Articles 63a and \n\n63b of the Regulation\" are added after \"the employed or self-\n\nemployed person\". 29. In the title of Chapter 5 the words \"Articles 64, 65 and 66\" are \n\nreplaced by \"Articles 64, 65, 66, 66a and 66b\". 30. Article 80 is amended as follows! \n\nThe words \"an employed person\" are replaced by \"an employed or \n\nself-employed person or under a special scheme for civil servants \n\nand persons treated as such\". - 66 -\n\n31. Article 84 is amended as follows! \n\n(a) \n\nThe title is replaced by the following: \n\n\"Unemployed persons who were formerly employed or self-\n\nemployed and persons as referred to in Article 71a of the \n\nRegulation who, during their last employment or self-\n\nemployment, were residing in a Member State other than \n\nthe competent State\". (b) \n\nIn paragraph 2 the words \"an unemployed person who was \n\nformerly employed shall submit\" are replaced by \"an \n\nunemployed person who was formerly employed or self-\n\nemployed and the persons referred to in Article 71a of \n\nthe Regulation shall submit\". The words \"he was last \n\nsubject\" shall be replaced by \"they were last subject\". The words \"he has no right\" are replaced by \"they \n\nhave no right\". (c) \n\nIn paragraph 3 the words \"the unemployed person who was \n\nformerly an employed person\" are replaced by \"the \n\nunemployed person who was formerly employed or self-\n\nemployed or the person referred to in Article 71a of \n\nthe Regulation\". 32. Article 85 is amended as follows: \n\nIn the title the words \"periods of employment or self-employment\" \n\nare replaced by \"periods of insurance, employment or \n\nseIf-employment\". 33. Article 86 is amended as follows! \n\n(a) The text of paragraph 1 is replaced by the following: \n\n\"In order to receive family benefits under Article 73 of \n\nthe Regulation, an employed or self-employed person and \n\na person as referred to in Article 76a of the Regulation \n\nshall submit a claim to the competent institution, where \n\nnecessary through their employer. \" \n\n\f- 67 -\n\n(b) The first sentence of paragraph 2 is replaced by the \n\nfollowing: \n\n\"In support of their claim, the employed or self-employed \n\nperson and the person referred to in Article 76a of the \n\nRegulation shall submit a certificate relating to members \n\nof their family residing in the territory of a Member State \n\nother than that in which the competent institution is situated. \" \n\n(c) The text of paragraph 3 is replaced by the following: \n\n\"Where the legislation of the competent State provides that \n\nthe family benefits may or must be paid to a person other than \n\nthe employed or self-employed person or the person referred \n\nto in Article 76a of the Regulation/ the said persons shall \n\nalso submit in support of their claim, information identifying \n\nthe individual to whom the family benefits are to be paid \n\nin the country of residence (name, forename, full address). \" \n\n(d) The text of paragraph 5 is replaced by the following! \n\n\"An employed or self-employed person and a person as \n\nreferred to in Article 76a of the Regulation shall inform \n\nthe competent institution, where necessary through their \n\nemployer, \n\n- of any change in the situation of the members of their \n\nfamily which might alter entitlement to benefits, \n\n- of any change in the number of members of their family \n\nfor whom family benefits are due. \" \n\n34. Article 88 is amended as follows! \n\nThe text of the Article is replaced by the following: \n\n\f- 68 -\n\n\"The provisions of Article 86 of the implementing Regulation \n\nshall apply mutatis mutandis to unemployed persons as referred \n\nto in Article 74 of the Regulation. \" \n\n35. The title above Article 90 is replaced by the following: \n\n\"Implementation of Articles 77, 78, 79 and 79a of the Regulation\". 36. Article 90 is amended as follows! \n\nThe words \"Article 77 or 78 of the Regulation\" are replaced by \n\n\"Article 77, 78 or 79a of the Regulation\". 37. Article 91 is amended as follows! \n\nThe words \"Article 77 or 78\" are replaced by \"Article 77, 78 or 79a\", \n\n38. Article 92 is amended as follows! \n\nThe words \"Article 77 or 78\" are replaced by \"Article 77, 78 or 79a \n\nof the Regulation\". 39. Article 94 is amended as follows^ \n\n(a) The words \"or of one of the persons referred to in Article 34a \n\nand 34b \n\nof the Regulation\" are added after \"employed or \n\nself-employed person\". (b) In paragraph 1 the words \"or one of the persons referred to in \n\nArticle 34a \n\nand 34b \n\nof the Regulation\" are added after \n\n\"employed or self-employed person\". - 69 -\n\n40. Annex 3 is amended as follows! \n\n(a) The title is replaced by the following: \n\n\"Institutions of the place of residence, institutions of the \n\nplace of stay, institutions of the place of study or of \n\nvocational training\". (b) In every section a new Part III is added after Part II, \n\nreading as follows: \n\n\"A. BELGIUM \n\nIII. Institutions of the place of study or of vocational training \n\nInstitutions of the place of residence and institutions of the \n\nplace of stay listed for Belgium in Annex 3 to Regulation \n\n(EEC) N\u00b0 574/72, points 1-1(a) and II. B. DENMARK \n\nIII. Institutions of the place of study or vocational training. Does not apply. C. GERMANY \n\nIII. Institutions of the place of study or vocational training. Does not apply. - 70 -\n\nD. SPAIN \n\nIII. Institutions of the place of study or vocational training. Does not apply. E. FRANCE \n\nIII. Institutions of the place of study or vocational training \n\nCaisse primaire d'assurance maladie (Local Sickness Insurance \n\nFund) of the place where the person concerned is studying. F. GREECE \n\nIII. Institutions of the place of study or vocational training. Does not apply. G. IRELAND \n\nIII. Institutions of the place of study or vocational training. Does not apply. H. ITALY \n\nIII. Institutions of the place of study or vocational training. Does not apply. - 71 -\n\nI. LUXEMBOURG \n\nIII. Institutions of the place of study or vocational training \n\nCaisse nationale d'assurance maladie des ouvriers \n\n(National Sickness Insurance Fund for Manual Workers), \n\nLuxembourg. J. NETHERLANDS \n\nIII. Institutions of the place of study or vocational \n\ntraining \n\nOne of the sickness funds competent for the place where \n\nthe person concerned is studying or pursuing vocational \n\ntraining, at the latter's choice. K. PORTUGAL \n\nIII. Institutions of the place of study or vocational \n\ntraining \n\nCentro Regional de Seguran\u00e7a (Regional Centre of Social \n\nSecurity) of the place of study or vocational training \n\nL. UNITED KINGDOM \n\nInstitutions of the place of study or vocational training \n\nDoes not apply. - 72 -\n\nArticle 3 \n\nThis Regulation shall enter into force on the day of its publication \n\nin the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly \n\napplicable in all Member States. Done at Brussels, \n\nFor the Council \n\nTHE PRESIDENT \n\n\f\fISSN 0254-1475 \n\nCOM(91) 528 final \n\nDOCUMENTS \n\nEN \n\n04 \n\nCatalogue number : CB-CO-91-577-EN-C \n\nISBN 92-77-78638-8 \n\nOffice for Of&dal Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f74daef1-950e-4870-ac6d-d5f23fc9079d", "title": "LEGISLATIVE RESOLUTION (Cooperation procedure: first reading) embodying the opinion of the European Parliament on the Commission proposal for a sixth Council directive on summertime arrangements", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Transport and Tourism,European Parliament", "date": "1991-12-13", "subjects": "Ireland,United Kingdom,approximation of laws,summertime", "workIds": "celex:51991AP0372", "eurovoc_concepts": ["Ireland", "United Kingdom", "approximation of laws", "summertime"], "url": "http://publications.europa.eu/resource/cellar/f74daef1-950e-4870-ac6d-d5f23fc9079d", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0251e877-73c9-45d3-a0e5-a887e32a0075", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the proposal from the Commission to the Council for a regulation amending Regulation (EEC) N\u00b0 1417/76 on the financial provisions applying to the European Foundation for the Improvement of Living and Working Conditions", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Budgetary Control,European Parliament", "date": "1991-12-13", "subjects": "Eurofound,activity report,budgetary discharge", "workIds": "celex:51991AP0315(03)", "eurovoc_concepts": ["Eurofound", "activity report", "budgetary discharge"], "url": "http://publications.europa.eu/resource/cellar/0251e877-73c9-45d3-a0e5-a887e32a0075", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6b15e89a-f556-4f19-aebb-f55048ac56bf", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council regulation on the conclusion of the Protocol establishing for the period 16 June 1991 to 15 June 1993 the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Agriculture and Rural Development,European Parliament", "date": "1991-12-13", "subjects": "Guinea-Bissau,authorised catch,catch quota,co-financing,fishing agreement,fishing area,fishing controls,fishing licence,fishing net,fishing rights,fishing vessel,protocol to an agreement,quantity of fish landed,sea fishing", "workIds": "celex:51991AP0336", "eurovoc_concepts": ["Guinea-Bissau", "authorised catch", "catch quota", "co-financing", "fishing agreement", "fishing area", "fishing controls", "fishing licence", "fishing net", "fishing rights", "fishing vessel", "protocol to an agreement", "quantity of fish landed", "sea fishing"], "url": "http://publications.europa.eu/resource/cellar/6b15e89a-f556-4f19-aebb-f55048ac56bf", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/cdb45077-757a-4166-a673-2b64282bfe94", "title": "Terminologi vedr\u00f8rende Milj\u00f8forurenende Stoffer.,Terminologia delle sostanze inquinanti.,Terminologie der Umweltschadstoffe.,Terminologie der milieuverontreinigende stoffen.,Terminologie des substances polluantes.,Terminology of environmental pollutants.,\u039f\u03c1\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \u03c4\u03c9\u03bd \u03c1\u03c5\u03c0\u03b1\u03bd\u03c4\u03b9\u03ba\u03ce\u03bd \u03bf\u03c5\u03c3\u03b9\u03ce\u03bd.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament", "date": "1991-12-13", "subjects": "dangerous substance,pollutant,soil pollution,terminology,water pollution", "workIds": "PUB_AX8486997", "eurovoc_concepts": ["dangerous substance", "pollutant", "soil pollution", "terminology", "water pollution"], "url": "http://publications.europa.eu/resource/cellar/cdb45077-757a-4166-a673-2b64282bfe94", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2e4e5fc5-eea9-4e31-aaa8-df36a43ccc24", "title": "Commission Decision of 13 December 1991 on the establishment of the Community support framework for Community structural assistance on the improvement of the conditions under which agricultural and forestry products are processed and marketed in Denmark (Only the Danish text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "Denmark,Structural Funds,marketing,processing industry,silviculture", "workIds": "celex:31992D0082,oj:JOL_1992_031_R_0046_059", "eurovoc_concepts": ["Denmark", "Structural Funds", "marketing", "processing industry", "silviculture"], "url": "http://publications.europa.eu/resource/cellar/2e4e5fc5-eea9-4e31-aaa8-df36a43ccc24", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/341993c9-bbb4-45c7-803c-054708b1df48", "title": "Proposal for a COUNCIL REGULATION ( EEC ) on urgent action for the supply of agricultural products to the people of Moscow and St Petersburg", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "Bavaria,State aid,aid to undertakings,man-made fibre,restriction on competition", "workIds": "celex:51991PC0555(01),comnat:COM_1991_0555(01)_FIN,oj:JOC_1992_011_R_0006_01", "eurovoc_concepts": ["Bavaria", "State aid", "aid to undertakings", "man-made fibre", "restriction on competition"], "url": "http://publications.europa.eu/resource/cellar/341993c9-bbb4-45c7-803c-054708b1df48", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUKOPEAN COMMUNITIES \n\nC0M(91) 555 final \n\nBrussels, 16 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non urgent action for the supply of agricultural products \nto the people of Moscow and St Petersburg \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non urgent action for the supply of food products \nto the people of Moscow and St Petersburg \n\n(presented by the Commission) \n\n\fI \n\nEXPLANATORY MEMORANDUM \n\nAt its meeting on 9 and 10 December 1991, the European Council approved the \nprinciple of granting food aid to the people of Moscow and St Petersburg in view \nof the problems of supply in those two cities. In the light of experience acquired in the implementation of aid to the Soviet \nUnion in 1991, the Commission proposes a similar measure to the action taken \npreviously. Accordingly, in view of the urgent need for the supply of food aid, the \nCommission hereby transmits to the Council this proposal for two Regulations, in \nanticipation of their swift adoption. As soon as a list is produced of the requirements of the cities concerned, the \nproducts requested will be made available free of charge in accordance with the \nprovisions laid down in those Regulations. The Commission urges that the Regulations be adopted by the Council without delay \nin order that practical measures may be taken swiftly to ensure that the aid Is \nchannelled to the cities directly. -v^. -Vsv \n\n\fCOUNCIL REGULATION (EEC) No \n\non urgent action for the supply of agricultural products \nto the people of Moscow and St Petersburg \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nF \nL \nHaving regard to the Treaty estabIishing the European EconomIc Community, and in \n\nparticular Articles 43 and 235 thereof. Having regard to the proposal from the Commission*1), \n\nHaving regard to the opinion of the European Par I lament*2*. Having regard to the opinion of the Economic and Social Committee*3), \n\n-\n\nWhereas agricultural products should be made available to Moscow and \n\nSt Petersburg in order to improve the food supply to the inhabitants of those \n\ncities, taking account of the diversity of the local situations, without \n\nieopardizing progress towards a system of supply based on market fuies; whereas \n\nthe CommunHy has agricultural products in storage as a result of intervention \n\nmeasures and, in view of the situation on the market, priority should be given, \n\nin carrying out this action, to supplying these products; whereas, furthermore, \n\nprovision should be made for mobilizing agricultural products on the Community \n\nmarket in response to specific requests; whereas regularization of the \n\nagricultural markets may also be achieved by supplying such products in processe \n\nform; \n\n(1) OJ No C \n(2) Opinion delivered on \n\n(not yet published in the Official Journal) \n\n\flereas the action proposed is essentially humanitarian in its aim and should \n\nierefore be based also upon Article 235 of the Treaty; \n\nlereas it is necessary to verify that the agricultural products supplied to the \n\nties in question under this measure are used as intended; whereas, apart from \n\nte powers of the Court of Auditors in this regard, the Commission must be \n\n'forded the opportunity of monitoring the operations in quest ion, with the help, \n\n' necessary, of external monitoring bodies; \n\nlereas it is for the Commission to lay down detailed rules for implementing this \n\n>asure, \n\nVS ADOPTED THIS REGULATION: \n\nArticle 1 \n\nhe Community shall take urgent action to supply the people of Moscow and \n\nt Petersburg with agricultural products. Expenditure on this action shall be \n\n\\m)jt\u00e9\u00e0 \n\nto ECU (budget) 150 million. Article 2 \n\n>r the purposes of this action: \n\nthe Community shall transfer agricultural products available as a result of \n\nintervention free of charge; in response to specific requests concerning \n\nproducts not available from intervention stocks, products may be mobilized on \n\nthe Community market; \n\nsupply costs shall be met by the Community and suppliers shall be chosen by \n\ntendering procedure. Transport costs shall be borne by the Community unless \n\nthe recipients themselves take the products over in the Community. These \n\ncosts may include processing of products mobilized as provided for in \n\nparagraph 1; \n\n\f3. for reasons arising from the urgency of the action, the Commission may choose \n\nthe supplier by direct agreement; \n\n4. no export refund shall be granted, or monetary compensatory amounts applied, \n\nin respect of the products supplied under this action. Art icle 3 \n\nThe accounting value of the products transferred shall be determined using the \nprocedure laid down in Article 13 of Regulation (EEC) No 729/70*4), as last \namended by Regulation (EEC) No 2048/88(5). J \n\ni \ni \n\ni \n\nArticle 4 \n\nThe Commission shall be responsible for verifying the delivery operations and the \n\napplication of the criteria adopted when the aid is distributed to the people \n\nconcerned. Art icle 5 \n\n1. The Commission shall be responsible for implementing this action. 2. Detailed rules for the application of this Regulation shall be adopted in \n\naccordance with the procedure laid down in Article 5(2) of Council Regulation \n\n(EEC) No 598/91 of 5 March 1991 on urgent action for the supply of \n\nagricultural products intended for the people of the Soviet Union*^). Art icle 6 \n\nThis Reguiation sha11 enter into force on the day following that of its \n\npublication in the Off ici a I Journal of the European Communities. This Reguiation shall be binding in its entirety and directly applicable in alI \n\nMember states. Done at Brussels, \n\nFor the Council \n\nThe President \n\n\fCOUNCIL REGULATION (EEC) No \n\non urgent action for the supply of food products \nto the people of Moscow and St Petersburg \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EC) No 2727/75 of 29 October 1975 on the \ncommon organization of the market in cereals*1), and in particular Articles 7(5) \n\nand (8) thereof, \n\nHaving regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common \norganization of the market in milk and milk products*2), and in particular \n\nArticles 6(6) and 7(4) thereof, \n\nHaving regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common \norganization of the market in beef and veal*3), and in particular Articles 6(5) \n\nand 7(2) thereof, \n\nHaving regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common \norganization of the market in fruit and vegetables*4), and in particular Article \n\n35 thereof. Having regard to the proposal from the Commission, \n\n(1) OJ No L 281, 1. 11. 1975, p. 1. (2) OJ No L 148, 28. 8. 1988, p. 13. (3) OJ No L 148, 29. 8. 1988, p. 24. (4) OJ No L 118. 20. 5. 1972, p. 1. Whereas the market for certain agricuttura I products may feature production \n\nsituations which make it possible to dispose of such products on special terms; \n\nWhereas, in order to give effect to the conclusions of the European Council of \n\nand 10 December 1991, the purpose of which was the supply of food aid to Moscoi \n\nand St Petersburg, provision should be made for making agricultural products \n\navailable to those cities in order to improve conditions of supply to their \n\nrespective populations-, whereas, in the case of some of these products, the \n\nmeasures required could be adopted by the Commission itself, pursuant to the \n\nRegulations in force; \n\nf \n\nWhereas it is for the Commission to lay down the detailed rules for the \n\napplication of this measure, \n\nHAS ADOPTED THIS REGULATION: \n\n\u2022 \n\n!: \n\nAfti\u00e7jS 1 \n\nAn emergency measure is hereby adopted, under the-conditions: laid down below, 1 \n\nfree supply to Moscow and $t Petersburg of certain food products to be \n\ndetermined, avai table as a result of intervention. \u2022 \u2022\u2022 \u00bb. ' \n\nArticle 2 \n\n| \n\"\"\" - \u2022 - \u00ce \n\n1. Tfie products may be supplied unprocessed or 1\u00bb processed form. ; \n\n: \"^ * \n\n2. The^neasure may also relate to food5 products mobi I ized through a commercial \n\nexchange of products from intervention storage against' goods belonging\" <\u00a9 t \n\nsame group of products. ; -\n\n\f3. The supply costs, including transport and, where applicable, processing, \n\nshall be determined by invitation to tender or, on account of the urgency of \n\nthe situation, by direct-agreement procedure. 4. The costs shall be reimbursed to the operators concerned in respect of \n\nproducts for which proof is provided that they have reached the delivery \n\nstage laid down. 5. Products consigned pursuant to this Regulation shall not qualify for export \n\nrefunds and shall not be subject to the arrangements concerning monetary \n\ncompensatory amounts. Art icle 3 \n\nThe detailed rules for the application of this Regulation shall be adopted in \n\naccordance with the procedure laid down in Article 26 of Regulation (EEC) No \n\n2727/75 or, as the case may be, in the corresponding Articles in the other \n\nRegulations on the common organization of the markets in question. Art icle 4 \n\nThe Commission shall be responsible for verifying the delivery operations and for \n\nthe application of the criteria adopted when the aid is distributed to the people \n\nconcerned. 3 \n\nA r t i c le 5 \n\nThis Regulation shall enter into force on the day of its publication in the \n\nOfficial Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all \n\nMember States. Done at Brussels, \n\nFor the Council \n\nThe President \n\n\f\"7o \n\nDECLARATION DE LA COMMISSION \n\nP. V. DU CONSEIL \n\nConform\u00e9ment aux conclusions du Conseil europ\u00e9en des 9 et 10 d\u00e9cembre \n1991, l'action est prise en charge sur des cr\u00e9dits FEOGA- Garantie \nreport\u00e9s de l'exercice 1991. La fiche financi\u00e8re sera \u00e9tablie lorsque les autorit\u00e9s comp\u00e9tentes de \ndestin\u00e2t ion auront fait part de leurs besoins exacts. COMMISSION \nDES \nCOMMUNAUTES EUROPEENNES \n\n/ > \") \n\nP R O P O S I T I ON DE VIREMENT \n\nBUDGET GENERAL 1 9 91 \n\nSECTION I II - COMMISSION \n\nPARTIE B - CREDITS OPERATIONNELS \n\nVIREMENTS DE CHAPITRE A CHAPITRE \n\nEN ECU \n\n1. DU CHAPITRE B 0 1 - 3? - APURJMENT DES EXERCICES ANTERIEURES ET CREDITS \n\nRESIDUEL \n\n(-ISO\u00bb \u00a900. 000,00 \n\nARTICLE B01-37\u00a9 - APUREMENT DES EXERCICES ANTERIEURS ET CREDITS RESIDUELS \n\n- 15\u00ceJ S00. 000 \n\n2. AU CHAPITRE B 8 1 - 18 - AUTRES SECTEURS OU PRODUITS VEGETAUX \n\nARTICLE B S 1 - 1 89 - AUTRES \n\nPOSTE B 0 1 - 1 6 90 -. (150 000. 000,0c \n\n150. 000. 000 \n\n\f\fISSN 0254-1475 \n\nCOM(91) 555 final \n\nDOCUMENTS \n\nEN \n\n03 il \n\nCatalogue number : CB-CO-91-606-EN-C \n\nISBN 92-77-79151-9 \n\nOffice for Official Publications of the European Communities \n\nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a730dbc9-cf22-4531-b7ca-30e18f112035", "title": "RESOLUTION on the crisis affecting the Community tuna fleet", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_initiative_own_ep,http://publications.europa.eu/ontology/cdm#resolution_other_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,Group of the European Democratic Alliance,Group of the European People\u2019s Party,Liberal and Democratic Reformist Group,Socialist Group in the European Parliament", "date": "1991-12-13", "subjects": "common fisheries policy,fishing fleet,fishing industry,import (EU)", "workIds": "celex:51991IP1957", "eurovoc_concepts": ["common fisheries policy", "fishing fleet", "fishing industry", "import (EU)"], "url": "http://publications.europa.eu/resource/cellar/a730dbc9-cf22-4531-b7ca-30e18f112035", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/32747da6-725e-4e70-a1d8-b6dea3e0de8e", "title": "Commission Regulation (EEC) No 3634/91 of 13 December 1991 setting for 1992 the quantities of cheese originating in and coming from Switzerland that may be imported into Spain", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "Spain,Switzerland,import,originating product", "workIds": "celex:31991R3634,oj:JOL_1991_344_R_0046_053", "eurovoc_concepts": ["Spain", "Switzerland", "import", "originating product"], "url": "http://publications.europa.eu/resource/cellar/32747da6-725e-4e70-a1d8-b6dea3e0de8e", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/efd1047e-2a46-485b-96da-204ca943d514", "title": "Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "EU trade mark,drilling equipment,explosive,harmonisation of standards,product safety", "workIds": "celex:51991PC0516,comnat:COM_1991_0516_FIN,oj:JOC_1992_046_R_0019_01", "eurovoc_concepts": ["EU trade mark", "drilling equipment", "explosive", "harmonisation of standards", "product safety"], "url": "http://publications.europa.eu/resource/cellar/efd1047e-2a46-485b-96da-204ca943d514", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91)516 final - SYN 375 \n\nBrussels, 13 December 1991 \n\nProposal for a \n\nCOUNCIL DIRECTIVE \n\non the approximation of the laws \n\nof the Member States concerning equipment \n\nand proteotive systems intended for use \n\nin potentially explosive atmospheres \n\n(presented by the Commission) \n\n\f- 2 -\n\nI. General \n\ni. Aim of the proposal \n\na. Regulatory aspects \n\nThis proposal for a directive is intended to replace Directives \n76/117/EEC and 79/196/EEC (surface equipment) and \u00d42/130/EBC \n(mining equipment), together with their subsequent amendments \n84/47/EEC, 88/571/EEC, 90/487/EEC, 88/35/EEC and 91/269/EEC. There were, indeed, certain difficulties in Implementing those \ndirectives, which only incorporated an intermediate stage for the \ntreatment of equipment that could be used in potentially explosive \natmospheres: \n\n- the harmonization introduced was only of the \"optional\" type, \nthus enabling the Member States to majTvha. in a legal system \nparallel to that introduced by the directives. This only \nensured the free movement of equipment complying with it. Nevertheless, when directive 79/196/EEC was adopted the Council \nasked the Commission during a subsequent stage, to study the \nscope for achieving total harmonization and to sent it proposals \nwith that in mind (cf. declaration set out in the minute, \n31 January 1979); \nDocument \n\n4336/79 \n\nof \n\n- the scope of the existing directives is restricted to electrical \nequipment and, in the case of surface equipment, is governed by \nthe use of certain specific types of protection. This was \ncorrect practice in 1979 but it has been unable to take account \nof major technological change and recent discoveries regarding \nphysical sources and phenomena relating to ignition. Certain \nrisks had either not been encountered or were considered \nharmless and only emerged through experience or detailed \nresearch. - 3 \n\nthe technical annex to the directives is a direct reference to \nthe CENELBC standards, thus requiring the long, complicated \nprocedure required by the Committee on Adaptation to Technical \nProgress. This means that several years often elapse between \nadaptation of the content of the standards by CENELBC and their \nharmonization via a Commission directive. Manufacturers \ntherefore \nafter \nonly \ndisproportionately long delays. movement \n\nbenefit \n\nfree \n\nfrom \n\na particular problem arises from the separate treatment of \nsurface and mining equipment in separate directives. It \ntherefore becomes difficult to synchronize adaptation to \ntechnical progress procedures for the two groups of equipment, \nespecially since the respective cxanmittees are completely \ndifferent (ministries for industry as :regards surface equipment, \nclosed committee within the Safety and Health Commission for the \nMining and other Extractive Industries). It must also be \npointed out that the CENELEC standards relating to mining \nequipment have undergone amendments of varying scope in the form \nof a technical annex to Directive 83/130/EEC. The specific \nfeatures of the two groups of often very similar or identical \nforms of equipment could no longer, however, Justify their being \ndealt with in two separate categories? of directive and can be \nsubjected to the basic requirements and the typical conformity \ncertification procedures by means of equipment categories within \nthat single directive. Directive 89/392/EBC on machinery1 has covered machinery that \ncan be used in potentially explosive atmospheres or which \nthemselves can create such an atmosphere (Annex 1, Item 1. 5. 7 -\nexplosion hazards). The intention of this directive as regards \nthose same machines is to fine-tune the essential requirements \napplying to such hazards. Prom this standpoint it will thus \nconstitute a separate directive deriving from Article 1(4) of \nthe machinery directive. 1 OJ m NO L 183, 29. 6. 1990. _ 4 -\n\n- The aim of the Directive is twofold: (a) the removal of \nbarriers to trade of which the optional directives were an \ninitial stage and (b) the setting of a hj^h uniform level of \nprotection. That aim would only be imperfectly achieved if one \nrestricted oneself to a sLmple removal of existing barriers to \ntrade without taking account of the means of avoiding the \nraising of any such barriers. Following a slow pace of \ntechnological change during the 1970s the procedure for the \nprovision of information set out in Directive 83/189/EEC has \nenabled us to note an increase in the number of notifications of \na technical nature governing either aspects of or complete \nsectors within the ATEX field. We can quote technical \nregulations in the oil, painting and printing equipment \nindustries, measures applying to electrostatic discharges, \ncertain measuring \nof \nregulations of this type in not all of the Member States can in \nthe long term only impede the free movement of ATEX equipment. instruments, \n\netc. The \n\nexistence \n\nb. Technical aspects \n\nThe rapid changes in the situation as regards explosion hazards \nhas prompted research into the other possible sources of \nignition. For the moment it has thus been possible to pinpoint \n13 of these, of which only half have been electrical in nature: \n\nOf those mainly of the electrical type we can quote electric \nsparks, arcs and flash currents, electrostatic charges, \nelectromagnetic waves, and ionizing radiation. Those of a \nmainly non-electric type under consideration are hot surfaces, \nflames and hot gases, mechanically generated sparks, optical \nradiation, ultrasound, chemical flame initiation and adiabatic \ncxampression. A taking account solely of electrical hazards would thus appear \nto be a minimalist approach that is inadequate in aiming at \n\n\f- 5 -\n\nthe high level of protection which Article 100(3) requires from \nthe Commission in preparing its proposals. Moreover, the \ninterlinking of scientific disciplines and the superposing of \nthe technologies applied make the distinction between electric \nflrr>H non-electric equipment highly troublesome and, ultimately, \narbitrary. Apart from the inclusion of non-electrical equipment the \nproposal harmonizes the systems intended to arrest a nascent \nexplosion or else to limit its consequences to an acceptable \nminimum. It is accepted that, despite the upgrading of \nequipment, it is impossible totally to exclude any possibility \nof explosion. Downstream measures need, to be taken in order to \nachieve total safety. Likewise devices located outside \npotentially explosive atmospheres, the performance of which, \nhowever, has a direct impact on the safety of equipment within \nsuch atmospheres, are covered. Annex I to the directive defines five categories of equipment \n(three for surface equipment and two for mining equipment) which \ntake practical form in the essential requirements listed in the \nAnnex II applying to them. The categories correspond in \nstructural terms to a hierarchy of protection against explosions \nand are thus also linked to appropriate means of certification \nof conformity. The directive also covers equipment designed for environments \ncontaining mixtures of Inflammable dusts. The very usef of \nequipment of this type causes national discrepancies \n(determination of zones), which is in contrast to use in \npotentially explosive gases, and on which a consensus seems to \nbe forming within the circles involved. Design requirements \nwill have a positive impact on the aspects linked with the use \nand installation of such equipment - an area to be governed in \nfuture by Article 118A directives. - 6 -\n\n2. Economic and SQC&alJlJgrpaat. A. Economic impact \n\nATEX equipment holds considerable \u00e9conomie appeal. It is widely used in \nkey sectors of industry: the extraction of solid, liquid and gaseous \nfuels (coal, oil and natural gas), the chemical and metal-working \nindustries, the treatment of inflammable organic products (and more \nespecially foods), wood and plastic-treatment facilities, printing \nworks, eto. Each year roughly 2 500 certificates of conformity are \nissued following tests by the bodies officially appointed for electrical \nequipment. This raises purchase prices - a trend which will continue \ninto the future, more particularly since the individual requirements \nwill in certain cases require further tests. Moreover, the \nnon-repetition of tests of this type on the Community market will reduce \nmanufacturers' expenses and, indirectly, those of users, to an \nacceptable level. Although difficult to quantify this is important for \nsafety and economic reasons in removing barriers to trade and finding a \nsuitable equilibrium. This is why the directive aims to create or \nmaintain a high level of safety within reasonable cost limits. As they \nare a considerable asset in rationalizing and improving productivity the \nharmonized standards drawn up by CEN and CENELEC will make a major \ncontribution to the success of this proposal, which implements the New \nApproach principle. In parallel to this the directive will be the \ndriving force behind speeding up the standardization activities. B. fiodai aspects \n\nThis proposal will not alter established structures. However,- an \noverall spread of safety which avoids grey areas between differing \nregulations cannot be underestimated with regard to the users of such \nequipment. It should be noted against the same backdrop that this \n\"design\" directive will be supplemented by a sister directive dealing \nwith the use of ATEX equipment, the latter having ;its legal basis in \nArticle 118 A. - 7 -\n\nC. Consultation of interested parties \n\nGovernment and private experts helped to prepare this directive, the \nlatter coming in particular from CRGALIME (the liaison organization for \nthe European metal industries), CEFIC (European Council for the Chemical \nIndustry Federations), the FIMTM (Federation of Engineering and Metal \nProcessing Industries), the European Standardization bodies GEN and \nCENELEC. The European Union of alcohol, brandy and spirit producers^and \nEOEOPLANT have pledged their support for. the Commission in. writing. It has been put to and discussed within the Consultative Committee on \nSafety, Hygiene and the Protection of Health at the Workplace and the \nSafety and Health Commission for the Mining and other Extractive \nIndustries. Two observers from the EFTA secretariat have also been present during \nthe discussions. n. Tte projxml for ft dlrfXTtlvft \n\nThis is a \"New Approach\" directive which ijmplements the guidelines set out \nin the Council Resolution of 7 May 1985. It is based on Article 10QA of \nthe Treaty of Rome. 1. Scope \n\nThe Directive is broad in scope, covering both the electrical and. non \nelectrical fields, protective systems and such devices not in \npotentially explosive atmospheres but having repercussions on equipment \nworking in such atmospheres. It covers an enoraious section of industry \nas explained in Chapter 1 and as governed by the Council Resolution of \n7 May 1985. 2. Components. The problem of the treatment of components has been acknowledged by the \nCommission. A definition is given in Article 1 and identifies (a) the \nabsence of stand-alone operation and (b) any essential contribution to \nequipment safety. - 8 \n\nThe procedures applying to changes in conformity will be governed by \nthose for the category for which the \u0153mplete item of equipment is \nintended. Manufacturers will certify cxanpliance with the abovementioned \nprocedures in a statement without, however, affixing the EC mark to the \ncomponent \n\n3. Safety and health requirements \n\nA. Annex 1 - Criteria determining the assignment of groups of devices to \n\nconformity categories. Annex 1 to the directive is divided into two groups of device: group 1 \ngoverning mining equipment and group 2 surface equipment. Each group is \nfurther subdivided into conformity categories i. e. 1, 2 and 3 in the \ncase of surface equipment, (M)l and (M)2 for mining. This list is based \non a hierarchy of protective measures applying to that equipment. Thus \ncategory 1 covers equipment providing a high level of protection and \nthus able to operate where there is a high probability of potentially \nexplosive atmospheres. In decreasing order categories 2 and 3 will be intended for environments \nin which potentially explosive atmospheres are less probable. The \nphilosophy for group 1 is similar. The idea of probability is of \ncrucial importance in the area covered. Users are required to pinpoint \nin their facilities areas within which inflammable gases or dusts are \nlikely to be released or present with various degrees of probability. The parameters taken into account are contained in either national \nregulations or international standards. Harmonization can only be \n^contemplated via an Article 118A directive and is not dealt with in this \nproposal. However, the requirement categories set out therein aim, in \nstructural and design terms, at an identical intrinsic level-of \nequipment \ndesigned \ncombination \nspecifically in line with certain conformity categories and , its \ninstallation/use in line with manufacturers' instructions \n\nprotection. The \n\nequipment \n\nof \n\n\f9 -\n\nmust provide a maximum level of safety. In an industrial environment the measures intended to protect against \nexplosions caused by inflammable dusts have been placed in an \nappropriate category depending upon the potential hazard. Thifi does not mean identical design for equipment intended for use in \ndusty atmospheres or gaseous environments. The basic requirements set \nout in Annex II are entirely specif io and relate to the abovementioned \nintended use. In this case assignment to one and the same category \nderives first and foremost from identical conformity certification \nprocedures. It is thus suggested that the equipment should be placed in \nCategory 1 or 3. B. Annex II - TVi^-lp safety\u2022 rfypilT\u2122imt\u00ab \n\nAnnex II sets out the basio general and specific requirements to be met \nby items of equipment in the light of the abovementioned classification. The two annexes thus constitute an inseparable whole. The risks \ninvolved are in principle in direct relation with the explosion of the \npotentially explosive atmosphere. The essential requirements of \nmachinery directive 89/392/EEC shall also apply to other risks due, for \nexample, to the use of a machine in potentially explosive atmospheres. 4. Conformity assessment procedures \n\nThe procedures described in detail in the following article take the* \nform of a hierarchy relating to the levels of risk for which equipment \nis Intended. As a general rule the choice is left to manufacturers as \nto whether or not to apply quality assurance systems. - 10 -\n\nThe procedures can be summarized as follows: \n\nA. Equipment. 1nf>^y11ng W^^-PA rvneaaaTy. rtpwinfla not in potentially \n\nexplosive atmospheres fortr Hnftflfl to ATl1rimf?Pt ^ P ^^ t^T^-tO, and \nIntegrated protection systems \n\n1. Groups I and II, conformity category (M)l and 1 \n\neither EEC type examination (module B) + \n\n- production quality assurance (mod. D) \n\nor \n\n- on-produot check (mod. F) \n\nor complete quality assurance (mod. H) \n\n2. Groups I and II, conformity category (M)2 and 2 \n\nEC type approval (mod. B) + \n\n- conformity with type (mod. C) \n\nor \n\n- product quality assurance (mod. E) \n\n3. Group II, conformity category 3 \n\nonly applying to surface industries: \n\n- internal manufacturing inspection (mod. A) \n\nB. Autonomously functioning proteotive systems \n\nEC type examination (mod. B) + \n\n- conformity to type (mod. C) \n\nor \n\n- product quality assurance (mod. E) \n\nIn all cases manufacturers have the option of resorting to the EC unit \nverification procedure (mod. G ). - 11 -\n\n5. Means of conformity \n\nThe proposal takes account of the most recent situation as regards the \nuse of the EC mark. -However, in order to avoid any confusion and to \ndraw user attention to the particular characteristics of the equipment, \nprovision is made for the addition of further markings. This will \ninclude, in particular, a specific explosion prevention sign, the \nequipment-group symbol (I - mining, II - surface industries), the \nconformity category M(l), M(2), 1, 2 or 3, the. nature of the potentially \nexplosive mixture (G: gas, D: dusts), and all restrictions on the use or \nconditions applying to safe use. 6. P^p^l nf redoing fllxflflUvftf* \n\nThis proposal for a directive completely replaces the harmonization \nintroduced by Directives 76/117/EBC, 79/196/EEC, 90/487/EEC and \n82/130/EBC and their successive amendments, which will therefore be \nrepealed. Nevertheless, the present system has in the past guaranteed a \nhigh level of protection which should therefore not be impaired. The \nachievements applying to electrical equipment will therefore in essence \nbe retained subject, naturally, to an examination of the scope for \nimprovement. The high level already existing will, moreover, be \nextended to cover equipment not currently dealt with by Community law. 7. PmdHne for entry into force \n\nThe intention is to implement the directive in two stages: \n\n- optional ijmplementation: 1 July 1993 \n- total implementation: \n\n1. 1. 2003 \n\nThe optional period is justified for the setting up of any specific test \nand certification structures and to avoid massive demand and thus excessive \ntime lags. Indeed, although few changes to test facilities seem necessary in the \nelectrical field the same does not apply to the non-electrical field where \na great deal of work is required, in particular on the preparation of \nharmonized standards. - 12 -\n\nCOUNCIL D I R E C T I VE \n\non the a p p r o x i m a t i on of the laws \n\nof the Member States c o n c e r n i ng equipment and \n\np r o t e c t i ve s y s t e ms Intended for use In \n\np o t e n t i a l ly e x p l o s i ve a t m o s p h e r es \n\nTHE COUNCIL OF THE EUROPEAN C O M M U N I T I ES \n\nHaving \n\nregard \n\nto the Treaty e s t a b l i s h i ng \n\nthe \n\nE u r o p e an \n\nEconomic C o m m u n i t y, and In p a r t i c u l ar A r t i c le 100A t h e r e o f; \n\nHaving regard to the proposal from the Commission-,1 \n\nIn c o o p e r a t i on with the European P a r l i a m e n t ;2 \n\nHaving regard to the o p i n i on of the Economic and Social \n\nComm11 tee ; 3 \n\nW h e r e as It is the duty of Member S t a t es to p r o t e c t, on their \n\nt e r r i t o r y, the safety and health of p e r s o ns and, where \n\na p p r o p r i a t e, \n\nd o m e s t ic \n\nanimals \n\nand \n\nproperty \n\nand, \n\nIn \n\np a r t i c u l a r, that of w o r k e r s, e s p e c i a l ly against the h a z a r ds \n\nresulting from the use of equipment and s y s t e ms p r o v i d i ng \n\np r o t e c t i on against p o t e n t i a l ly e x p l o s i ve a t m o s p h e r e s; \n\n1 \n2 \n3 \n\nOJ EC ( \n0J EC ( \n0J EC ( \n\n). ). ). - 13 -\n\nW h e r e as \n\nm a n d a t o ry \n\np r o v i s i o ns \n\nw i t h in \n\nt he \n\nM e m b er S t a t es \n\nd e t e r m i ne t he level of s a f e ty to be a c h i e v ed by p r o t e c t i ve \n\ne q u i p m e nt \n\na nd \n\ns y s t e ms \n\nI n t e n d ed \n\nfor \n\nu se \n\nin \n\np o t e n t i a l ly \n\ne x p l o s i ve \n\na t m o s p h e r e s; \n\nw h e r e as \n\nt h e se \n\na re \n\ng e n e r a l ly \n\ne l e c t r i c al \n\na nd \n\nn o n - e l e c t r i c al \n\ns p e c i f i c a t i o ns \n\nh a v i ng \n\nan \n\ne f f e ct on t he d e s i gn and s t r u c t u re of e q u i p m e nt that c an be \n\nu s ed in p o t e n t i a l ly e x p l o s i ve a t m o s p h e r e s; \n\nW h e r e as t he r e q u i r e m e n ts to be met by s u ch e q u i p m e nt d i f f er \n\nf r om o ne M e m b er S t a te to a n o t h er In r e s p e ct of t h e ir e x t e nt \n\nand \n\nd i f f e r i ng \n\ni n s p e c t i on \n\np r o c e d u r e s; \n\nw h e r e as \n\nt h e se \n\nd i f f e r e n c es a re t h e r e f o re l i k e ly to r a i se b a r r i e rs to t r a de \n\nw i t h in t he C o m m u n i t y; \n\nW h e r e as \n\nt he \n\nr e g u l a t i o ns \n\nI n t e n d ed \n\nto \n\nr e m o ve \n\nt e c h n i c al \n\nb a r r i e rs to t r a de a re r e q u i r ed to f o l l ow the n ew a p p r o a ch \n\np r o v i d ed \n\nfor \n\nIn the C o u n c il \n\nR e s o l u t i on \n\nof \n\n7 M ay 1 9 8 5 ,4 \n\nw h i ch r e q u i r es a d e f i n i t i on of the e s s e n t i al \n\nr e q u i r e m e n ts \n\nr e g a r d i ng s a f e ty and o t h er r e q u I r e m e n ts \u2022 of s o c i e ty w i t h o ut \n\nr e d u c i ng e x i s t i n g, j u s t i f i ed l e v e ls of p r o t e c t i on w i t h in the \n\nM e m b er S t a t e s; \n\nw h e r e as that r e s o l u t i on p r o v i d es that a v e ry \n\nl a r ge n u m b er of p r o d u c ts be c o v e r ed by a s i n g le d i r e c t i ve -In'** \n\no r d er to a v o id f r e q u e nt a m e n d m e n ts and the p r o l i f e r a t i on of \n\nd i r e c t I v e s; \n\nW h e r e as the e x i s t i ng d i r e c t i v es on the a p p r o x i m a t i on of the \n\nl a ws of t he M e m b er S t a t es r e l a t i ng to e l e c t r i c al \n\ne q u i p m e nt \n\nfor \n\nu se \n\nIn p o t e n t i a l ly \n\ne x p l o s i ve \n\na t m o s p h e r es \n\nh a ve \n\nm a de > \n\np o s i t i ve \n\ns t e ps \n\nt o w a r ds \n\np r o t e c t i on \n\na g a i n st \n\n0J EC No C 1 3 6, 4. 6. 1 9 8 5, p. 1. 14 -\n\ne x p l o s i o ns via m e a s u r es linked w i th the s t r u c t u re of the \n\ne q u i p m e nt at Issue and w h i ch h a ve h e l p ed to r e m o ve b a r r i e rs \n\nto t r a de In t h is a r e a. W h e r e a s, In p a r a l l e l, a r e v i s i on and \n\ne x p a n s i on of the e x i s t i ng d i r e c t i v es \n\nIs n e c e s s a ry \n\ns i n c e, \n\nm o re p a r t i c u l a r ly \n\nIn an o v e r a ll c o n t e x t, a c t i on m u st \n\nbe \n\ntaken to g u a rd a g a i n st the p o t e n t i al h a z a r ds a r i s i ng from \n\nsuch e q u i p m e n t. T h is I m p l i es in p a r t i c u l ar that m e a s u r es \n\nI n t e n d ed \n\nto g u a r a n t ee e f f e c t i ve p r o t e c t i on of u s e rs \n\nand \n\nthird p a r t i es must a l r e a dy be c o n t e m p l a t ed at the d e s i gn and \n\nm a n u f a c t u r i ng s t a g e s; \n\nW h e r e as \n\nthe \n\nform \n\nt a k en \n\nby \n\nthe \n\nh a z a r d, \n\nthe \n\np r o t e c t i ve \n\nm e a s u r es and the test m e t h o ds are o f t en very s i m i l a r, if not \n\nI d e n t i c a l, for b o th m i n i ng and s u r f a ce e q u i p m e n t; w h e r e as it \n\nIs t h e r e f o re \n\nan a b s o l u te \n\nn e c e s s i ty \n\nto c o v er \n\np r o t e c t i ve \n\ne q u i p m e nt and s y s t e ms f a l l i ng w i t h in both g r o u ps by a s i n g le \n\nd i r e c t i v e; \n\nW h e r e as the two g r o u ps of e q u i p m e nt r e f e r r ed to a b o ve are \n\nused in a large n u m b er of c o m m e r c i al and i n d u s t r i al s e c t o rs \n\nand p o s s e ss c o n s i d e r a b le e c o n o m ic s i g n i f i c a n c e; \n\nW h e r e as \n\nc o m p l i a n ce \n\nw i th \n\nthe - b a s ic \n\ns a f e ty \n\nand \n\nh e a l th \n\nr e q u i r e m e n ts is e s s e n t i al in o r d er to e n s u re the s a f e ty of \n\np r o t e c t i ve e q u i p m e nt and s y s t e m s; w h e r e as t h o se r e q u i r e m e n ts \n\nhave \n\nb e en \n\ns u b d i v i d ed \n\ninto \n\ng e n e r al \n\nand \n\na d d i t i o n al \n\nr e q u i r e m e n ts w h i ch must be met by p r o t e c t i ve e q u i p m e nt and \n\ns y s t e m s; w h e r e as in p a r t i c u l ar the a d d i t i o n al \n\nr e q u i r e m e n ts \n\nare \n\ni n t e n d ed \n\nto take a c c o u nt \n\nof e x i s t i ng \n\nor \n\np o t e n t i al \n\nh a z a r d s; \n\nw h e r e as \n\np r o t e c t i ve \n\ne q u i p m e nt \n\nand \n\ns y s t e ms \n\nwill \n\nt h e r e f o re e m b o dy at least o ne of those r e q u i r e m e n ts w h e re \n\n\f- 15 -\n\nthis is n e c e s s a ry for their p r o p er f u n c t i o n i ng or Is to \n\napply to their intended u s e; w h e r e as the n o t i on of intended \n\nuse is of p r i me I m p o r t a n ce for the e x p l o s i o n - p r o o f i ng of \n\np r o t e c t i ve e q u i p m e nt and s y s t e m s; w h e r e as It is e s s e n t i al \n\nthat \n\nm a n u f a c t u r e rs \n\ns u p p ly \n\nfull \n\nI n f o r m a t i o n; \n\nw h e r e as \n\ns p e c i f i c, c l e ar m a r k i ng of said e q u i p m e n t, s t a t i ng Its use \n\nIn a p o t e n t i a l ly e x p l o s i ve a t m o s p h e r e, Is a l so n e c e s s a r y; \n\nW h e r e as the p r e s e nt I n t e n t i on is to p r e p a re a d i r e c t i ve on \n\no p e r a t i o ns \n\nin p o t e n t i a l ly \n\ne x p l o s i ve \n\na t m o s p h e r es \n\nthat \n\nis \n\nb a s ed on A r t i c le 118A; w h e r e as that a d d i t i o n al \n\nd i r e c t i ve \n\nw i l l, In p a r t i c u l a r, aim at e x p l o s i on h a z a r ds that d e r i ve \n\nfrom a g i v en use a n d / or t y p es and m e t h o ds of I n s t a l l a t i o n; \n\nW h e r e as \n\njudgment \n\nwill \n\nhave \n\nto \n\nbe \n\ne x e r c i s ed \n\nin \n\nthe \n\nI m p l e m e n t a t i on \n\nof \n\nt h o se \n\nr e q u i r e m e n ts \n\nin o r d er \n\nto \n\ntake \n\naccount \n\nof \n\nthe \n\nt e c h n o l o gy \n\na v a i l a b le \n\nat \n\nthe \n\ntime \n\nof \n\nm a n u f a c t u re ; \n\nW h e r e as this d i r e c t i ve t h e r e f o re o n ly s e ts out \n\ne s s e n t i al \n\nr e q u i r e m e n t s; w h e r e as in o r d er to e a se the task of p r o v i ng \n\nc o m p l i a n ce \n\nw i th \n\nthe \n\ne s s e n t i al \n\nr e q u i r e m e n ts \n\ns t a n d a r ds \n\nh a r m o n i z ed at E u r o p e an level are n e c e s s a r y, m o re e s p e c i a l ly \n\nw i th r e g a rd \n\nto the n o n - e l e c t r i c al \n\na s p e c ts of \n\np r o t e c t i on \n\na g a i n st \n\ne x p l o s i o ns - s t a n d a r ds \n\nr e l a t i ng \n\nto \n\nthe \n\nd e s i g n, \n\nm a n u f a c t u re and t e s t i ng of e q u i p m e n t, c o m p l i a n ce w i th w h i ch \n\ne n a b l es a p r o d u ct to be p r e s u m ed to meet said e s s e n t i al \n\nr e q u i r e m e n t s; w h e r e as s t a n d a r ds h a r m o n i z ed at E u r o p e an level \n\n\f- 16 -\n\nare drawn up by private bodies and must \n\nretain \n\ntheir \n\nn o n - m a n d a t o ry \n\ns t a t u s; \n\nw h e r e a s, \n\nfor \n\nthis \n\np u r p o s e, \n\nthe \n\nEuropean \n\nC o m m i t t ee \n\nfor \n\nS t a n d a r d i z a t i on \n\n(CEN) \n\nand \n\nthe \n\nEuropean C o m m i t t ee for E I e c t r o t e c h n i ca I S t a n d a r d i z a t i on are \n\nrecognized as being the bodies that are competent to adopt \n\nharmonized s t a n d a r ds that follow the general g u l d e l I n es for-\n\nc o o p e r a t i on between the C o m m i s s i on and those two b o d i es \n\nsigned on 13 November 1984; w h e r e a s, for the p u r p o s es of \n\nthis \n\nd i r e c t i v e, \n\na harmonized \n\nstandard \n\nIs a \n\ntechnical \n\ns p e c i f i c a t i on (European Standard or h a r m o n i z a t i on d o c u m e n t) \n\nadopted by one or other of those b o d i e s, or by b o t h, at the \n\nprompting \n\nof \n\nthe \n\nCommission \n\nin p u r s u a n ce \n\nof \n\nCouncil \n\nD i r e c t i ve \n\n8 3 / 1 8 9 / E EC \n\nof \n\n28 March 1983 \n\np r o v i d i ng \n\nfor \n\na \n\np r o c e d u re \n\ng o v e r n i ng \n\nthe \n\np r o v i s i on \n\nof \n\nInformation \n\non \n\ntechnical s t a n d a r ds and r e g u l a t i o n s ,5 as last amended by \n\nD i r e c t i ve \n\n8 8 / 1 8 2 / E E C6 and \n\nIn p u r s u a n ce of \n\nthe \n\ngeneral \n\ng u i d e l i n es referred to a b o v e; \n\nW h e r e a s, in view of the nature of the risks Involved in the \n\nuse of equipment in p o t e n t i a l ly e x p l o s i ve a t m o s p h e r es it Is \n\nnecessary to establish p r o c e d u r es applying to the assessment \n\nof c o m p l i a n ce with the basic r e q u i r e m e n ts of the d i r e c t i v e s; \n\nw h e r e as these p r o c e d u r es must be devised In the light of the \n\nlevel of danger which may be Inherent In equipment and/or \n\nagainst \n\nwhich \n\nsystems \n\nmust \n\nprotect \n\nthe \n\nImmediate \n\ne n v i r o n m e n t; w h e r e as therefore each c a t e g o ry of equipment \n\nconformity must be s u p p l e m e n t ed by an a d e q u a te p r o c e d u re or \n\na choice between several equivalent p r o c e d u r e s; w h e r e as the \n\np r o c e d u r es adopted are fully as required by the Council \n\ndecision of 13 December 1 9 9 07 c o n c e r n i ng the m o d u l es for \n\nthe v a r i o us p h a s es of the conform Ity a s s e s s m e nt p r o c e d u r es \n\nwhich are Intended to be used in the technical h a r m o n i z a t i on \n\nd I rect I ves ; \n\n5 \n\n6 \n\n7 \n\n0J No L 109, 2 6. 4. 1 9 8 3, p. 8. 0J No L 8 1, 2 6. 3. 1 9 8 8, p. 7 5. 0J No L 7, 3 8 0, 3 1. 1 2. 1 9 9 0, p. 13. - 17 -\n\nW h e r e as the Council has provided for the a f f i x i ng of the EC \n\nmark either \n\nby the m a n u f a c t u r er \n\nor by his \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve w i t h in the Commun Ity o r, fallIng that, by the \n\nperson r e s p o n s i b le for placing that product on the c o m m u n i ty \n\nm a r k e t; w h e r e as that mark m e a ns that ttie product' c o m p l i es \n\nwith all the basic r e q u i r e m e n ts and a s s e s s m e nt p r o c e d u r es \n\nprovided for by the Community law applying to that p r o d u c t; \n\nW h e r e as \n\nit \n\nis a p p r o p r i a te \n\nthat \n\nthe Member \n\nS t a t e s, as \n\nprovided \n\nfor by A r t i c le 100a of the T r e a t y, may \n\ntake \n\ntemporary m e a s u r es to limit or prohibit the p l a c i ng on the \n\nmarket and the use of equipment and p r o t e c t i ve s y s t e ms in \n\ncases w h e re they present a p a r t i c u l ar risk to the safety of \n\npersons \n\nand, \n\nw h e re \n\na p p r o p r i a t e, \n\nd o m e s t ic \n\na n i m a ls \n\nor \n\np r o p e r t y, p r o v i d ed \n\nthat the m e a s u r es are subject \n\nto a \n\nCommunity control p r o c e d u r e; \n\nW h e r e as the r e c i p i e n ts of any d e c i s i on taken as part of this \n\nd i r e c t i ve must be aware of the reasons behind that d e c i s i on \n\nand the m e a ns of appeal open to them; \n\nW h e r e a s, \n\non \n\n18 \n\nDecember 1 9 7 5, \n\nthe \n\nCouncil \n\na d o p t ed \n\na \n\nframework d i r e c t i ve on electrical \n\nequipment \n\nfor use in \n\np o t e n t i a l ly \n\ne x p l o s i ve \n\na t m o s p h e r es \n\n( 7 6 / 1 1 7 / E E C )8 as \n\nlast \n\namended by D i r e c t i ve 9 0 / 4 7 / E E C9 and, on 15 F e b r u a ry 1982 a \n\n8 \n\n9 \n\n0J No L 2 4, 3 1. 1. 1 9 7 6, p. 4 5. 0J No L 2 7 0, 2. 1 0. 1 9 9 0, p. 2 3. - 18 -\n\nd i r e c t i ve \n\nc o n c e r n i ng \n\nelectrical \n\nequipment \n\nfor \n\nuse \n\nin \n\np o t e n t i a l ly e x p l o s i ve a t m o s p h e r es in m i n es s u s c e p t i b le to \n\nfire damp \n\n( 8 2 / 1 3 0 / E E C )1\u00b0 as \n\nlast amended \n\nby \n\nD i r e c t i ve \n\n9 1 / 2 6 9 / E E C ;11 w h e r e a s, from the outset of the h a r m o n i z a t i on \n\na c t i v i t i e s, the c o n v e r s i on of the optional \n\nand \n\npartial \n\nh a r m o n i z a t i on on which these d i r e c t i v es are based Into total \n\nh a r m o n i z a t i on had been c o n t e m p l a t e d; w h e r e as this d i r e c t i ve \n\nfully c o v e rs the scope of the above m e n t i o n ed d i r e c t i v es and \n\nw h e r e as t h e r e f o re these d i r e c t i v es must be r e p e a l e d; \n\nW h e r e as the m e a s u r es Intended g r a d u a l ly to introduce the \n\ninternal market must be adopted before 31 December 1 9 9 2; \n\nw h e r e as the internal market incorporates an area without \n\ninternal f r o n t i e rs within which the free movement of g o o d s, \n\np e r s o n s, s e r v i c es and capital Is a s s u r e d; \n\nW h e r e as \n\nit is necessary \n\nto provide for a transitional \n\narrangement enabling equipment m a n u f a c t u r ed \n\nIn c o m p l i a n ce \n\nwith the national \n\nr e g u l a t i o ns \n\nin force at the date of \n\nadoption of this d i r e c t i ve to be m a r k e t ed and placed In \n\nservice is n e c e s s a r y, \n\nHAS A D O P T ED THIS D I R E C T I V E: \n\n10 \n\n11 \n\nOJ No L 5 9, 2. 3. 1 9 8 2, p. 1 0. OJ No L 134, 2 9. 5. 1 9 9 1. 19 -\n\nC h a p t er I \n\nS c o p e, p l a c i ng on the m a r k et and f r e e d om of m o v e m e nt \n\nArt Icle 1 \n\nT h is D i r e c t i ve \n\na p p l i es \n\nto e q u i p m e nt \n\nand \n\np r o t e c t i ve \n\ns y s t e ms \n\nI n t e n d ed \n\nfor \n\nuse \n\nin p o t e n t i a l ly \n\ne x p l o s i ve \n\na t m o s p h e r e s. S a f e ty \n\ndev I ces , \u2022 c o n t r oI I Ing \n\nd e v i c e s- and \n\nr e g u l a t i ng \n\nd e v i c es \n\nfor \n\nu se \n\no u t s i de \n\np o t e n t i a l ly \n\ne x p l o s i ve \n\na t m o s p h e r es but r e q u i r ed or c o n t r i b u t i ng to the s a fe \n\nf u n c t i o n i ng \n\nof \n\ne q u i p m e nt \n\nand \n\np r o t e c t i ve \n\ns y s t e ms \n\nlocated \n\nInside p o t e n t i a l ly e x p l o s i ve a t m o s p h e r es are \n\nc o v e r ed by the s c o pe of t h is D i r e c t i v e. For \n\nthe \n\np u r p o s es \n\nof \n\nthis \n\nD i r e c t i ve \n\nthe \n\nf o l l o w i ng \n\nd e f i n i t i o ns shall a p p l y: \n\nE q u i p m e nt and p r o t e c t i ve s y s t e ms i n t e n d ed for u se in \n\np o t e n t i a l ly e x p l o s i ve a t m o s p h e r es \n\na) \" E q u i p m e n t\" m e a ns m a c h i n e s, a p p a r a t us \n\nand all o t h er \n\nfixed or m o b i le d e v i c e s, I n c l u d i ng the c a b le and \n\nc o n d u it \n\ne n t r i e s, \n\nc o n t r ol \n\nc o m p o n e n ts \n\nand \n\nI n s t r u m e n t a t i on \n\nt h e r e o f, \n\nw h i ch \n\ns e p a r a t e ly \n\nor \n\nJ o i n t l y, p e r m a n e n t ly or o c c a s i o n a l ly are u s ed for \n\nthe \n\ng e n e r a t i o n, \n\nt r a n s f e r, \n\nd i s t r i b u t i o n, \n\ns t o r a g e, \n\nm e a s u r e m e n t, c o n t r ol and c o n v e r s i on of e n e r gy and \n\nfor \n\nthe \n\np r o c e s s i ng \n\nof \n\nm a t e r i al \n\nand \n\nc a p a b le \n\nof \n\nc a u s i ng an e x p l o s i o n. - 20 -\n\nb) T he \n\nterm \n\n\" p r o t e c t i ve \n\ns y s t e m s\" a p p l i es \n\nto \n\nd e s i gn \n\nu n i ts \n\nw h i ch \n\nare \n\nIntended \n\nto \n\nhalt \n\nIncipient \n\ne x p l o s i o ns i m m e d i a t e ly and/or to limit the e f f e c t e d* \n\nr a n ge of e x p l o s i on f l a m es and e x p l o s i on p r e s s u r es to \n\na s u f f i c i e nt level of s a f e t y. P r o t e c t i ve s y s t e ms can \n\nbe i n t e g r a t ed into e q u i p m e nt or s e p a r a t e ly m a r k e t ed \u2022 \n\nfor t r a de use as a u t o n o m o us s y s t e m s. c) \" C o m p o n e n t s\" m e a ns any item b e i ng e s s e n t i al to the \n\ns a fe f u n c t i o n i ng of e q u i p m e nt and p r o t e c t i ve s y s t e ms \n\nbut not h a v i ng an a u t o n o m o us f u n c t i o n. E x p l o s i ve a t m o s p h e r es \n\nM i x t u re of a Ir and f l a m m a b le g a s e s, v a p o u r s, h a z es or d u s ts \n\nin such \n\np r o p o r t i o ns \n\nunder \n\na t m o s p h e r ic \n\nc o n d i t i o n s, \n\nt h a t, \n\nafter \n\ni g n i t i on \n\nhas \n\no c c u r r e d, \n\na \n\nr e a c t i on \n\ni n v o l v i ng \n\na \n\nt e m p e r a t u re \n\nand \n\np r e s s u re \n\nincrease \n\ncan \n\np r o p a g a te \n\ni n d e p e n d e n t ly and can c a u se a h a z a r d. P o t e n t i a l ly e x p l o s i ve a t m o s p h e re \n\nAn a t m o s p h e re w h i ch c o u ld b e c o me e x p l o s i ve due to local and <\u2022 \n\no p e r a t i o n al c o n d i t i o n s. E q u i p m e n t - g r o u ps and C o n f o r m i ty c a t e g o r i es \n\nE q u i p m e n t - g r o up \n\nI \n\na p p l i es \n\nto \n\ne q u i p m e nt \n\nfor \n\nu se \n\nin \n\nu n d e r g r o u nd p a r ts of m i n es as well as those p a r ts of s u r f a ce \n\ni n s t a l l a t i o ns of such m i n es likely to b e c o me e n d a n g e r ed by \n\nf i r e d a mp a n d / or \n\nc o m b u s t i b le d u s t. E q u i p m e n t - g r o up II a p p l i es to e q u i p m e nt for u se in o t h er \n\np l a c es likely to b e c o me e n d a n g e r ed by e x p l o s i ve a t m o s p h e r e s. 21 -\n\nC o n f o r m i ty c a t e g o r i es \n\nare d e f i n ed in A n n ex I w i th r e g a rd to \n\nthe level of p r o t e c t i on r e q u i r ed \n\nfor e q u i p m e n t. E q u i p m e nt \n\nand p r o t e c t i ve \n\ns y s t e ms may be d e s i g n ed \n\nfor --as* \n\np a r t i c u l ar \n\ne x p l o s i ve \n\na t m o s p h e r e. In t h is \n\nc a se \n\nthey \n\nare \n\nm a r k ed a c c o r d i n g l y. I n t e n d ed u se \n\nT he u se of e q u i p m e nt and p r o t e c t i ve s y s t e ms a c c o r d i ng to the \n\ne q u i p m e n t - g r o up and the c o n f o r m i ty c a t e g o ry as well as all \n\nthe i n f o r m a t i on n e c e s s a ry to the s a f e ty of the e q u i p m e nt \n\ns u p p l i ed by the m a n u f a c t u r e r. 4. The f o l l o w i ng \n\nare e x c l u d ed \n\nfrom \n\nthe s c o pe of \n\nt h is \n\nD i r e c t i v e: \n\nmed i caI \n\ndev i ces \n\nI n t e n d ed \n\nfor \n\nuse \n\nIn med i caI \n\ne n v I r o n m e nt , \n\ne q u i p m e nt \n\nand p r o t e c t i ve \n\ns y s t e ms \n\nin so far as \n\nthe \n\ne x p l o s i on \n\nh a z a rd \n\nis e x c l u s i v e ly \n\nr e s u l t i ng \n\nfrom \n\nthe \n\np r e s e n ce of e x p l o s i ve or c h e m i c al i n s t a b le s u b s t a n c e s, \n\ns e a g o i ng v e s s e ls and m o b i le o f f s h o re u n i ts \n\nt o g e t h er \n\nw i th e q u i p m e nt \n\nand p r o t e c t i ve s y s t e ms on b o a rd \n\nsuch \n\nv e s s e Is or un Its. m e a ns of t r a n s p o r t, I. e. v e h i c l es and their \n\nt r a i l e rs \n\nI n t e n d ed s o l e ly for t r a n s p o r t i ng p a s s e n g e rs by air or \n\non r o a d, rail or w a t er n e t w o r k s, as well as m e a ns of \n\nt r a n s p o rt \n\nInsofar \n\nas \n\nsuch \n\nm e a ns \n\nare \n\nd e s i g n ed \n\nfor \n\nt r a n s p o r t i ng \n\ng o o ds by a i r, on p u b l ic road or \n\nrail \n\nn e t w o r ks or on w a t e r. V e h i c l es u s ed \n\nIn the m i n e r al \n\ne x t r a c t i on i n d u s t ry shall not be e x c l u d e d. - 22 -\n\nArt Icle 2 \n\nM e m b er \n\nS t a t es shall \n\ntake all n e c e s s a ry \n\nm e a s u r es \n\nto \n\ne n s u re \n\nthat \n\nthe \n\ne q u i p m e nt \n\nand \n\np r o t e c t i ve \n\ns y s t e ms \n\nc o v e r ed by this D i r e c t i ve m ay be p l a c ed on the m a r k et \n\nand put Into s e r v i ce o n ly If they do not J e o p a r d i ze the \n\nh e a l th and s a f e ty of p e r s o ns a n d, w h e re a p p r o p r i a t e, \n\nd o m e s t ic a n i m a ls or p r o p e r t y, w h en p r o p e r ly \n\nI n s t a l l ed \n\nand m a i n t a i n ed and u s ed for its i n t e n d ed p u r p o s e. T h is D i r e c t i ve shall not a f f e ct the a u t h o r i ty of the \n\nM e m b er S t a t es to lay d o w n, w i th due r e g a rd for the \n\np r o v i s i o ns \n\nof \n\nthe \n\nT r e a t y, \n\nr e q u i r e m e n ts \n\nw h i ch \n\nthey \n\nc o n s i d er n e c e s s a ry for the p r o t e c t i on of p e r s o ns and in \n\np a r t i c u l ar of e m p l o y e es u s i ng the r \u00e9 v \u00e9 l a nt \n\ne q u i p m e nt \n\nand p r o t e c t i ve s y s t e m s, p r o v i d ed t h is d o es not r e s u lt \n\nin c h a n g es to e q u i p m e nt and p r o t e c t i ve s y s t e ms w i th \n\nr e s p e ct to the p r o v i s i o ns of this D i r e c t i v e. At t r a de f a i r s, e x h i b i t i o n s, d e m o n s t r a t i o n s, e tc M e m b er \n\nS t a t es shall not p r e v e nt the s h o w i ng of e q u i p m e nt and \n\np r o t e c t i ve \n\ns y s t e ms \n\nw h i ch \n\nd o es \n\nnot \n\nc o n f o rm \n\nto \n\nthe \n\np r o v i s i o ns of t h is D i r e c t i v e, p r o v i d ed that a visible-\u2022<*-\n\nsign \n\nc l e a r ly \n\ni n d i c a t es \n\nthat \n\nsuch \n\ne q u i p m e nt \n\nand \n\np r o t e c t i ve s y s t e ms do not c o n f o rm and that It is not \n\nfor s a le until It has b e en b r o u g ht into c o n f o r m i ty by \n\nthe \n\nm a n u f a c t u r er \n\nor \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve \n\ne s t a b l i s h ed \n\nin the C o m m u n i t y. D u r i ng \n\nd e m o n s t r a t i o n s, \n\na d e q u a te s a f e ty m e a s u r es shall be t a k en to e n s u re the \n\np r o t e c t i on of p e r s o n s. Art le le 3 \n\nE q u i p m e nt and p r o t e c t i ve s y s t e ms r e f e r r ed to In A r t i c le \n\n1 \n\nmust \n\nmeet \n\nthe \n\ne s s e n t i al \n\nh e a l th \n\nand \n\ns a f e ty \n\nr e q u i r e m e n ts set out In A n n ex II w h i ch shall a p p ly to \n\nt h e m, a c c o u nt b e i ng t a k en of their I n t e n d ed u s e. - 23 -\n\nA r t i c le 4 \n\nM e m b er S t a t es shall not p r o h i b i t, r e s t r i ct or \n\nImpede \n\nthe p l a c i ng on the m a r k et and the p u t t i ng Into s e r v i ce \n\nIn their t e r r i t o ry of e q u i p m e nt and p r o t e c t i ve s y s t e ms \n\nw h i ch c o m p ly w i th the p r o v i s i o ns of t h is D i r e c t i v e. M e m b er S t a t es shall not p r o h i b i t, r e s t r i ct or \n\nImpede \n\nthe \n\np l a c i ng \n\non \n\nthe \n\nm a r k et \n\nof \n\nc o m p o n e n ts \n\nw h i c h, \n\na c c o m p a n i ed by a d e c l a r a t i on as r e f e r r ed to in A r t i c le \n\n8 ( 4 ), are Intended to be i n c o r p o r a t ed into e q u i p m e nt \n\nor \n\np r o t e c t i ve \n\ns y s t e ms \n\nw i t h in \n\nthe \n\nm e a n i ng \n\nof \n\nthis \n\nD I rect i v e. Art Icle 5 \n\nM e m b er \n\nS t a t es \n\nshall \n\np r e s u me \n\nc o m p l i a n ce \n\nw i th \n\nthe \n\ne s s e n t i al h e a l th and s a f e ty r e q u i r e m e n ts r e f e r r ed to in \n\nA r t i c le 3 for e q u i p m e nt and \n\np r o t e c t i ve s y s t e ms for \n\nu se In p o t e n t i a l ly e x p l o s i ve a t m o s p h e r es If t h o se items \n\ncompI y w i th \n\n(a) \n\nthe r e l e v a nt \n\nn a t i o n al \n\ns t a n d a r ds a p p l i c a b le \n\nto: \n\nthem i m p l e m e n t i ng the h a r m o n i z ed s t a n d a r ds w h o se \n\nr e f e r e n ce \n\nn u m b e rs \n\nh a ve b e en \n\np u b l i s h ed \n\nIn \n\nthe \n\nO f f i c i al \n\nJ o u r n al \n\nof \n\nthe \n\nE u r o p e an \n\nC o m m u n i t y. M e m b er \n\nS t a t es shall \n\np u b l i sh \n\nthe r e f e r e n c es of \n\nn a t i o n al \n\ns t a n d a r ds \n\nt r a n s p o s i ng \n\nh a r m o n i z ed \n\ns t a n d a r ds. ( b) \n\nor the r e l e v a nt n a t i o n al s t a n d a r ds r e f e r r ed to In \n\np a r a g r a ph \n\n2 \n\nw h e re \n\nt h e re \n\na re \n\nno \n\nh a r m o n i z ed \n\ns t a n d a r ds d e a l i ng w i th the a r e as c o v e r ed by t h o se \n\ns t a n d a r d s. - 24 -\n\nM e m b er S t a t es shall c o m m u n i c a te to the C o m m i s s i on the \n\nt e x ts \n\nof \n\ntheir \n\nn a t i o n al \n\ns t a n d a r ds \n\nr e f e r r ed \n\nto \n\nIn \n\np a r a g r a ph 1 ( b) w h i c h, in their v i e w, meet the e s s e n t i al \n\nr e q u i r e m e n ts u n d er A r t i c le 3. In a c c o r d a n ce w i th the p r o c e d u re set out \n\nIn A r t i c le \n\n6 ( 2 ), \n\nthe C o m m i s s i on \n\nshall \n\nI n d i c a te \n\nto the \n\nM e m b er \n\nS t a t es w h i ch of the said s t a n d a r ds can be p r e s u m ed to \n\nc o n f o rm w i th the e s s e n t i al s a f e ty r e q u i r e m e n ts w i t h in \n\nthe m e a n i ng of A r t i c le 3. Art Icle 6 \n\nW h e re a M e m b er S t a te or the C o m m i s s i on c o n s i d e rs that \n\nthe h a r m o n i z ed s t a n d a r ds r e f e r r ed to in A r t i c le 5 ( 1) do \n\nnot e n t i r e ly s a t i s fy the e s s e n t i al h e a l th and s a f e ty \n\nr e q u i r e m e n ts u n d er A r t i c le 3, the C o m m i s s i on or \n\nthe \n\nM e m b er S t a te shall s u b m it the m a t t er to the S t a n d i ng \n\nC o m m i t t e e, h e r e i n a f t er c a l l ed \"the C o m m i t t e e \", set up \n\nu n d er \n\nD i r e c t i ve \n\n8 3 / 1 8 9 / E E C, \n\ng i v i ng \n\nthe \n\nr e a s o ns \n\nt h e r e f o r e. The \n\nC o m m i t t ee \n\nshall \n\nd e l i v er \n\nan \n\no p i n i on \n\nw i thout de I ay. In the light of the C o m m i t t e e 's o p i n i o n, the C o m m i s s i on \n\nshall \n\nInform the M e m b er s t a t es w h e t h er or not \n\nIt is \n\nn e c e s s a ry to w i t h d r aw the s t a n d a r ds In q u e s t i on \n\nfrom \n\nthe list of p u b l i c a t i o ns r e f e r r ed to in A r t i c le 5 ( 1 ). A f t er \n\nr e c e i pt \n\nof \n\nthe c o m m u n i c a t i on \n\nr e f e r r ed \n\nto \n\nIn \n\nA r t i c le \n\n5 ( 2 ), \n\nthe \n\nC o m m i s s i on \n\nshall \n\nc o n s u lt \n\nthe \n\nC o m m i t t e e. On the b a s is of the C o m m i t t e e 's o p i n i o n, the \n\nC o m m i s s i on \n\nshall \n\ninform the M e m b er \n\nS t a t es w i t h in \n\na \n\ns p e c i f i ed \n\np e r i od \n\nw h e t h er \n\nor \n\nnot \n\nc o n f o r m i ty \n\ncan \n\nbe \n\n\f- 25 \n\np r e s u m ed \n\nin the case of the national s t a n d a r ds in \n\nq u e s t i on and whether - should this be the case - a list \n\nof the s o u r c es from which such s t a n d a r ds are a v a i l a b le \n\nshould be published at national level. The C o m m i s s i on \n\nshall also publish them in the Official Journal of the \n\nE u r o p e an C o m m u n i t i e s. Art Icle 7 \n\n1. W h e re a Member State a s c e r t a i ns that equipment and \n\np r o t e c t i ve systems to which the C E - c o n f o r m I ty mark \n\nhas been affixed \n\nc o r r e c t ly installed, m a i n t a i n ed and \n\nused \n\nIn \n\na c c o r d a n ce \n\nwith \n\ntheir \n\nintended \n\np u r p o se \n\nJ e o p a r d i ze \n\nthe \n\nsafety \n\nof \n\np e r s o n s, \n\nand \n\nwhere \n\na p p r o p r i a t e, d o m e s t ic a n i m a ls or p r o p e r t y, It shall \n\ntake \n\nall \n\na p p r o p r i a te \n\nm e a s u r es \n\nto \n\nw i t h d r aw \n\nsuch \n\ne q u i p m e nt and p r o t e c t i ve s y s t e ms \n\nfrom the market or to \n\nprohibit or restrict its placing on the market or the \n\nputting Into s e r v i c e. The \n\nMember \n\nState \n\nshall \n\nImmediately \n\nInform \n\nthe \n\nC o m m i s s i on of any such m e a s u r e, indicating the reasons \n\nfor \n\nits decision and, \n\nin p a r t i c u l a r, whether \n\nnon \n\nc o n f o r m i ty Is due to: \n\n(a) \n\nn o n - c o m p l i a n ce with the essential \n\nr e q u i r e m e n ts \n\nreferred to In A r t i c le 3, where the equipment or \n\nthe p r o t e c t i ve system does not comply with the \n\ns t a n d a r ds referred to In A r t i c le 5 ( 1 ); \n\n(b) \n\nIncorrect a p p l i c a t i on of the s t a n d a r ds referred \n\nto in Art le le 5(1 ) ; \n\n(c) \n\ns h o r t c o m i n gs \n\nin the s t a n d a r ds referred \n\nto in \n\nA r t i c le 5(1) t h e m s e l v e s. - 26. These measures are applicable until the entry Into \n\nforce of the act provided for In paragraph 2. 2. The measures adopted \n\nunder \n\nparagraph \n\n1 shall \n\nbe \n\nconfirmed and extended, possibly amended, to the whole \n\nCommunity or repealed by an act of the Commission. the \n\nwhere \n\nunder \nmeasures \nHowever, \nparagraph 1 on the ground of a shortcoming In the \nstandards provided for In Article 5, the procedure laid \ndown in Article 6(2) is applicable. adopted \n\nwere \n\nIf a non-conforming Item of equipment or protective \nsystem bears the CE-conformIty mark, the competent \nMember State shall take appropriate measures against \nwhomsoever has affixed the mark and shall Inform the \nCommission and the other Member States thereof. The Commission shall ensure that the Member States are \nInformed \nthis \nprocedure. the application \n\nresults of \n\nand \n\nof \n\nChapter I I \n\nConformity assessment procedures \n\nArt icle 8 \n\nconformity \n\nThe \nequipment \nconsidering, where necessary, those devices thereof \nreferred to In Article 1(2) \n\nprocedures \n\nassessment \n\nof \n\n3. 4. 1. _ 27 _ \n\nas well as integrated protective systems, shall be: \n\n(a) \n\nEquipment group I and II, conformity category (M) \n\n1 and 1 \n\nThe manufacturer or his authorised representative-\n\nestablished In the Community must, In order to affix \n\nthe CE mark, at his own choice: \n\nI) \n\nfollow the procedure relating to EC type \n\nexamination (set out in Annex III), coupled \n\nwiththe \n\nprocedure \n\nrelating \n\nto \n\nproduction \n\nquality assurance (set out in Annex IV) \n\nor \n\nthe procedure relating to product verification \n\n(set out In Annex V) \n\nII) \n\nfollow the procedure relating to full quality \n\nassurance Including design examination (set \n\nout In Annex IX). (b) \n\nEquipment group I and II, conformity category \n\n(M)2 and 2 \n\nThe manufacturer or his authorized representative \n\nestablished in the Community must, in order to affix \n\nthe CE-mark, follow the procedure relating to EC \n\ntype examination (set out in Annex III), coupled \n\nwi th: \n\n-the procedure relating to conformity to type (set \n\nout In Annex VI) \n\nor \n\nthe procedure relating to product quality assurance \n\n(set out In Annex VII) \n\n\f- 28 -\n\n(c) \n\nEquipment group 11, c o n f o r m i ty c a t e g o ry 3 \n\nThe m a n u f a c t u r er or his authorized r e p r e s e n t a t i ve \n\ne s t a b l i s h ed in the Community m u s t, in order to \n\naffix the C E - m a r k, follow the p r o c e d u re relating \n\nto Internal control of p r o d u c t i on (set out In \n\nAnnex V I M ). (d) \n\nEC uni t ver IfI cat ion \n\nThe m a n u f a c t u r er or his authorized r e p r e s e n t a t i ve \n\ne s t a b l i s h ed \n\nin the Community can, In order to \n\naffix the C E - m a r k, follow the p r o c e d u re relating \n\nto EC unit v e r i f i c a t i on (set out In Annex X ). 2. The p r o v i s i o ns of 1(b) or 1(d) above shall be used \n\nfor \n\nc o n f o r m i ty assessment relating to a u t o n o m o us p r o t e c t i ve \n\ns y s t e m s. 3. The p r o c e d u r es referred to in p a r a g r a ph 1 shall be \n\napplied \n\nIn respect of c o m p o n e n ts as referred to in \n\nA r t i c le 4 ( 2) with the e x c e p t i on of the a f f i x i ng of the \n\nC E - c o n f o r m I ty m a r k. A d e c l a r a t i on shall be issued by the m a n u f a c t u r er or \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve \n\ne s t a b l i s h ed \n\nIn \n\nthe \n\nCommunity a t t e s t i ng the conformity of the c o m p o n e n ts \n\nwith the p r o v i s i o ns of this D i r e c t i ve which apply to \n\nthem and stating their c h a r a c t e r i s t i cs and how they \n\nmust \n\nbe \n\nIncorporated \n\ninto equipment \n\nor \n\np r o t e c t i ve \n\nsystem \n\nto \n\nassist \n\nc o m p l i a n ce \n\nwith \n\nthe \n\nessential \n\nr e q u i r e m e n ts a p p l i c a b le to finished a p p l i a n c e s. 4. D o c u m e n ts and c o r r e s p o n d e n ce relating to the p r o c e d u r es \n\nunder the a b o v e m e n t i o n ed p a r a g r a p hs shall be p r e p a r ed \n\nin one of the official languages of the Member S t a t es \n\nin w h i ch those p r o c e d u r es are being applied or In a \n\nlanguage accepted by the notified b o d y. - 29 -\n\nW h e re the e q u i p m e nt and p r o t e c t i ve s y s t e ms are subject \n\nto other C o m m u n i ty D i r e c t i v es c o n c e r n i ng o t h er a s p e c t s, \n\nthe C E - c o n f o r m l ty m a rk r e f e r r ed to in A r t i c le 10 shall \n\nindicate \n\nIn \n\nthese \n\nc a s es \n\nthat \n\nthe \n\ne q u i p m e nt \n\nand \n\np r o t e c t i ve s y s t e ms a l so fulfil the p r o v i s i o ns w h i ch \n\napply to them of the other D i r e c t i v e s. A r t I c le 9 \n\n1. Member S t a t es shall n o t i fy the other M e m b er S t a t es and \n\nthe C o m m i s s i on of the b o d i es w h i ch they have a p p r o v ed \n\nfor p e r f o r m a n ce of the t a s ks in c o n n e c t i on w i th the \n\np r o c e d u r es under A r t i c le 8 and the s p e c i f ic t a s ks for \n\nw h i ch the b o d i es have been a p p r o v e d. In this D i r e c t i ve \n\nthese b o d i es are r e f e r r ed to as \" n o t i f i ed b o d i e s \". The C o m m i s s i on shall p u b l i sh a list of the n o t i f i ed \n\nb o d i es \n\nIn \n\nthe \n\nO f f i c i al \n\nJournal \n\nof \n\nthe \n\nE u r o p e an \n\nC o m m u n i t i es c o m p r i s i ng the I d e n t i f i c a t i on number w h i ch \n\nhas been a l l o c a t ed to them as well as the t a s ks for \n\nw h i ch they have been a p p r o v e d. T he C o m m i s s i on s h a l l. be \n\nr e s p o n s i b le for u p d a t i ng that list. 2. M e m b er S t a t es shall apply the m i n i m um c r i t e r ia set out \n\nin Annex XII for the d e s i g n a t i on of b o d i e s. B o d i es that \n\ns a t i s fy the c r i t e r ia fixed by the r e l e v a nt h a r m o n i z ed \n\ns t a n d a r ds shall be p r e s u m ed to s a t i s fy the relevant \n\nm i n imum cr I ter i a. 3. A Member S t a te w h i ch has a p p r o v ed a body shall w i t h d r aw \n\nsuch a p p r o v al w h e re the body no longer f u l f i l ls the \n\nc r i t e r ia under p a r a g r a ph 2. It shall I m m e d i a t e ly Inform \n\nthe other Member S t a t es and the C o m m i s s i on t h e r e o f. - 30 -\n\nThe \n\nn o t i f i ed \n\nbody \n\nand \n\nthe \n\nm a n u f a c t u r er \n\nor \n\nhis \n\na u t h o r i s ed \n\nr e p r e s e n t a t i ve \n\ne s t a b l i s h ed \n\nw i t h in \n\nthe \n\nC o m m u n i ty shall agree on the p r o c e d u r es and the time \n\nlimit \n\nfor \n\nthe \n\ne x e c u t i on \n\nand \n\nc o m p l e t i on \n\nof \n\nthe \n\ne v a l u a t i on and v e r i f i c a t i on o p e r a t i o ns r e f e r r ed to in \n\nthe A n n e x e s. Chapter 1 I I \n\nC o n f o r m i ty m a r ks \n\nArt icle 10 \n\n1. The C E - c o n f o r m i ty mark \n\nas well \n\nas the \n\na d d i t i o n al \n\ns p e c i f ic m a r k i ng as shown In Annex XI shall be affixed \n\nto the e q u i p m e nt \n\nand the p r o t e c t i ve system and as far \n\nas f e a s i b le and a p p r o p r i a te on the s a l es p a c k a g i ng as \n\nwell \n\nas on the \n\nInstruction \n\nleaflet \n\nin a v i s i b l e, \n\nlegible and Indelible form. The C E - c o n f o r m I ty mark must be a c c o m p a n i ed \n\nby \n\nthe \n\nI d e n t i f i c a t i on number of the n o t i f i ed body r e s p o n s i b le \n\nfor I m p l e m e n t a t i on of the p r o c e d u r es set out In A n n e x es \n\nIV, V, V I, V I I, IX, X as well as the two last d i g i ts of \n\nthe year In which the mark was a f f i x e d. 2. It \n\nis \n\np r o h i b i t ed \n\nto \n\naffix \n\nany \n\nother \n\nm a rk \n\nor \n\ni n s c r i p t i o ns \n\nwhich \n\nmay \n\nbe \n\nc o n f u s ed \n\nwith \n\nthe \n\nC E-\n\nc o n f o r m l ty mark or the additional s p e c i f ic m a r k i ng set \n\nout In Annex X I. - 31 -\n\nArt Icle 11 \n\nIf any Member or n o t i f i ed body finds that the C E - c o n f o r m I ty \n\nmark \n\nhas \n\nb e en \n\nimproperly \n\na f f i x e d, \n\nthe \n\ne q u i p m e nt \n\nor \n\np r o t e c t i ve s y s t em \n\nc o n c e r n ed shall be p r o h i b i t ed or shall no \n\nlonger be m a r k e t e d. C h a p t er IV \n\nF InaI provI s Ions \n\nA r t I c le 12 \n\nAny \n\nd e c i s i on \n\ntaken \n\np u r s u a nt \n\nto \n\nthis \n\nD i r e c t i ve \n\nw h i ch \n\nr e s t r i c ts or p r o h i b i ts the p l a c i ng on the m a r k et a n d / or the \n\np u t t i ng into s e r v i ce or Imposes the retreat from the m a r k et \n\nof an e q u i p m e nt or a p r o t e c t i ve system shall s t a te the exact \n\ng r o u n ds on w h i ch \n\nIt is b a s e d. Such a d e c i s i on shall be \n\nn o t i f i ed f o r t h w i th to the party c o n c e r n e d, w ho shall at the \n\nsame time be Informed of the legal rented I es ava I I ab le to him \n\nunder the laws In force In the Member State c o n c e r n ed and of \n\nthe time limits to w h i ch such r e m e d i es are s u b j e c t. Art icle 13 \n\nM e m b er S t a t es shall e n s u re that all the p a r t i es involved In \n\nthe a p p l i c a t i on \n\nof \n\nthe D i r e c t i ve \n\nare bound \n\nto \n\no b s e r ve \n\nc o n f i d e n t i a l i ty in respect of all the i n f o r m a t i on o b t a i n ed \n\nin c a r r y i ng out \n\ntheir \n\nt a s k s. T h is d o es not a f f e ct \n\nthe \n\no b l i g a t i o ns of the M e m b er S t a t es and of the n o t i f i ed b o d i es \n\nr e g a r d i ng \n\nmutual \n\ni n f o r m a t i on \n\nand \n\nthe \n\nd i s s e m i n a t i on \n\nof \n\nw a rn i n g s. - 32 -\n\nArt Icle 14 \n\n1. Directive 76/117/EEC*1> and Directive 79/196/EEC<2>, \nas last amended by Directive 90/487/EEC(3) as well as \nDirective 82/130/EEC<4> as last amended by Directive \n91/269/EEC<5) shall be repealed as from (1 July 1996). 2. However, \n\nEEC-certificates of \n\nconformity \n\nto the \n\nharmonized standards obtained in accordance with the \n\nprocedures as laid down in the DI rect I ves referred to \n\nIn the preceding paragraph shall be valid until 31 \nDecember 2002. Their validity shall be limited to only \n\nthose harmonized standards indicated in the said \n\nD I rectIves. 3. Member States shall take the necessary action to ensure \nthat the notified bodies which are responsible pursuant \nto Article 8(1) to (4) for the assessment of the \nconformity of electrical equipment already placed on \nthe market prior to the coming Into force of this \nDirective shall take account of the results of tests \nand verifications already carried out under the \nDirectives referred to In paragraph 1. ArtIcle 15 \n\n1. Before [31 December 1992], Member States shall adopt \nand publish the laws, regulations and administrative \nprovisions necessary in order to comply with this \nDirective. They shall forthwith inform the Commission \nthereof. (1) OJ No L 24, 31. 1. 1976 \n\n(2) OJ No L 43, 20. 2. 1979 \n\n(3) OJ No L 270, 2. 10. 1990 \n\n(4) OJ No L 59, 2. 3. 1982 \n\n(5) OJ NO L 134, 29. 5. 1991 \n\n\f- 33 -\n\nWhen Member States adopt these m e a s u r e s, they shall \ncontain a reference to this Directive or shall be \naccompanied by such reference on the occasion of their \nofficial publication. The methods of making such a \nreference shall be laid down by the Member S t a t e s. They shall apply these provisions with effect from [1 \nJuly 1993. ] \n\n2. However\u00bb Member States shall allow for the period until \n[31 December 2 0 0 2 ], the placing on the market and the \nprotective \nputting \nsystems In conformity with the national regulations In \nforce In their territory at the date of adoption of \nthis dlrectlve. Into service \n\nequipment \n\nand \n\nof \n\nArt Icle 16 \n\nThis Directive Is addressed to the Member S t a t e s. Done at B r u s s e l s, \n\nFor the CounciI \n\nThe President \n\n\f- 34 -\n\nANNEX I \n\nCRITERIA DETERMINING THE CLASSIFICATION OF EQUIPMENT-GROUPS \n\nINTO CONFORMITY CATEGORIES \n\n1 \u2022 \n\nEquipment-group I \n\na) \n\nConformity category (M) 1 comprises equipment designed \n\nand, where necessary, \n\nadditionally \n\nequipped \n\nwith \n\nspecial protective features to be capable of keeping \n\nwithin \n\nits operational \n\nparameters \n\nstated \n\nby \n\nthe \n\nmanufacturer and provide a high level of protection \n\nfor Its Intended use in underground parts of mines as \n\nwell as those parts of surface Installations of such \n\nmines endangered by firedamp and/or combustible dust. Equipment of this category Is required to remain \n\nfunctional \n\nfor safety \n\nreasons with an \n\nexplosive \n\natmosphere present and, by virtue of this, it Is \n\ncharacterized \n\nby \n\nIntegrated \n\nexplosion \n\nprotection \n\nmeasures functioning Independently of each other in \n\nsuch a way that \n\nIn the event of failure of one integrated measure at \n\nleast a second means of protection provides for a \n\nsufficient level of safety or \n\nIn the event of two faults occurring Independently \n\nof each other a sufficient level of safety is \n\nassured. Equipment relating to this conformity category comply \n\nwith the supplementary requirements referred to In \n\nAnnex II 2. 0. 1. - S o \n\nfa) Conformity category (M) 2 comprises equipment designed \n\nto be capable of keeping within \n\nits operational \n\nparameters stated by the manufacturer and based on an \n\nIncreased level of protection for Its Intended use In \n\nunderground parts of mines as well as those parts of \n\nsurface installations of such mines likely to become \n\nendangered by firedamp and/or combustible dust. The protection measures relating to equipment of this \n\ncategory provide for a sufficient level of safety \n\nduring trouble-free operation also In the case of more \n\nsevere operating conditions In particular arising from \n\nrough handling and changing environmental conditions. Equipment relating to this conformity category comply \n\nwith the supplementary requirements referred to in \n\nAnnex II 2. 0. 2. 2. Equipment-group I I \n\na) \n\nConformity category 1 comprises equipment designed to \n\nbe capable of keeping within its operational parameters \n\nstated by the manufacturer and based on a high level of \n\nprotection for Its Intended use considering areas In \n\nwhich explosive atmospheres caused by gases, vapours or \n\nhazes, suspended dust are highly likely to occur. Equipment \n\nof \n\nthis \n\ncategory \n\nIs characterized \n\nby \n\nintegrated explosion protection measures functioning \n\nIndependently of each other In such a way that \n\nIn the event of failure of one integrated measure at \n\nleast a second means of protection provides for a \n\nsufficient level of safety or \n\n\f- 36 -\n\nIn the event of two faults occuring independently of \n\neach other a sufficient level of safety Is assured. Equipment relating to this conformity category comply \n\nwith the supplementary requirements referred to In \n\nAnnex 112. 1. b) \n\nConformity category 2 \n\ncomprises equipment designed \n\nto be capable of keeping within its operational \n\nparameters stated by the manufacturer and based on an \n\nincreased level of protection for its Intended use \n\nconsidering areas in which explosive atmosphere caused \n\nby gases, vapours or hazes are likely to occur. The protection measures relating to equipment of this \ncategory function in such a way to provide for a \nsufficient level of safety also in the event of \noperating \noperating \nconditions which normally have to be taken Into \naccount. malfunctions \n\ndangerous \n\nor \n\nEquipment relating to this confomity category comply \nwith the supplementary requirements referred to in \nAnnex II 2. 2. c) \n\nconformity category 3 \ncomprises equipment designed to \nbe capable of keeping within Its operating parameters \nstated by the manufacturer and based on a normal level \nof protection for Its intended use considering areas In \nwhich explosive atmospheres caused by gases, vapours or \nhazes as well as by raising of deposited dust are not \nI Ike ly to occur. - 37 -\n\nThe design of the equipment of this category provides a \ntrouble-free \nsufficient \noperatIon. during \n\nsafety \n\nlevel \n\nof \n\nEquipment relating to this conformity category comply \nwith the supplementary requirements referred to In \nAnnex II 2. 3. - 38 -\n\nANNEX I I \n\nEssential health and safety r e q u i r e m e n ts relating to the \n\ndesign and c o n s t r u c t i on of equipment and p r o t e c t i ve s y s t e ms \n\nintended for use In potentially explosive a t m o s p h e r e s. P R E L I M I N A RY O B S E R V A T I O NS \n\nA. State of the art refers to the technical \n\nk n o w l e d ge \n\ncommonly a v a i l a b le up to that point \n\nIn time being \n\nc o n s i d e r e d, having been proved In p r a c t i c e. The technical k n o w l e d ge which can change very rapidly, \n\nmust be taken Into account as far as possible and be \n\nutilized Immediately. B. For d e v i c es referred to In article 1 (2) the essential \n\nr e q u i r e m e n ts shall only apply \n\nInsofar as they are \n\nnecessary for the safe functioning and o p e r a t i on of \n\nthese d e v i c e s. 1. Common r e q u i r e m e n ts for equipment and p r o t e c t i ve \n\ns y s t e ms \n\n1. 0. General r e q u i r e m e n ts \n\n1. 0. 1 \n\nP r i n c i p l es of explosion safety integration \n\nEquipment and p r o t e c t i ve systems Intended for use In \n\np o t e n t i a l ly e x p l o s i ve a t m o s p h e r es must be designed \n\nfrom the point of explosion safety integration. In this c o n n e c t i o n, the m a n u f a c t u r er \n\nmust \n\ntake \n\nm e a s u r e s: \n\n\f- 39 -\n\nabove a l l, If it Is p o s s i b l e, to prevent \n\nthe \n\nf o r m a t i on of e x p l o s i ve a t m o s p h e r es w h i ch may be \n\np r o d u c ed \n\nor \n\nr e l e a s ed \n\nby \n\ne q u i p m e nt \n\nand \n\nby \n\np r o t e c t i ve s y s t e ms t h e m s e l v e s; \n\nto prevent the Ignition of e x p l o s i ve a t m o s p h e r es \n\nc o n s i d e r i ng e l e c t r i c al and n o n - e l e c t r i c al s o u r c es \n\nIn any c a s e; \n\nw h e re an e x p l o s i on is however likely \n\nto o c c u r, \n\nw h i ch may d i r e c t ly or Indirectly e n d a n g er p e r s o ns \n\nand/or \n\nthe \n\ns u r r o u n d i ng \n\na r e a, \n\nto \n\nhalt \n\nIt \n\nImmediately and/or to limit the e f f e c t ed range of \n\ne x p l o s i on flames and e x p l o s i on p r e s s u r es to a \n\ns u f f i c i e nt level of s a f e t y. 1. 0. 2 \n\nEquipment and p r o t e c t i ve s y s t e ms should be d e s i g n ed \n\nand m a n u f a c t u r ed \n\nafter due a n a l y s is of \n\np o s s i b le \n\ne r r o rs \n\nin order \n\nto p r e c l u de d a n g e r o us \n\nIncidents \n\nr e l a t i ng \n\nto \n\ne q u i p m e nt \n\nand \n\ns y s t e ms \n\nas \n\nfar \n\nas \n\np o s s Ib ie. T h e. f o r e s e e a b le \n\nm i s u se which \n\ncan \n\nr e a s o n a b ly \n\nbe \n\na n t i c i p a t ed must be c o n s i d e r e d. 1. 0. 3 \n\nSpecial testing and m a i n t e n a n ce c o n d i t i o ns \n\nEquipment and p r o t e c t i ve s y s t e ms subject to special \n\ntesting and m a i n t e n a n ce c o n d i t i o ns must be d e s i g n ed \n\nand c o n s t r u c t ed with such c o n d i t i o ns in m i n d. 1. 0. 4 \n\nS u r r o u n d i ng area c o n d i t i o ns \n\nEquipment and p r o t e c t i ve s y s t e ms must be so d e s i g n ed \n\nand c o n s t r u c t ed as to be c a p a b le of c o p i ng with \n\nf o r e s e e a b le s u r r o u n d i ng area c o n d i t i o n s. - 40 -\n\n1. 0. 5 \n\nA d d i t i o n al s p e c i f ic m a r k i n gs \n\nAll e q u i p m e nt and p r o t e c t i ve s y s t e ms and their main \n\nc o m p o n e n ts and I n s t r u m e n t a t i on must be fully and \n\nc l e a r ly marked for the p u r p o se of \nI d e n t i f i c a t i on \nr e f e r r ed to in Annex X I, In c a s es w h e re this seems1 \n\nto be n e c e s s a ry for the v a l u a t i on of safety a s p e c t s. 1. 0. 6 \n\nO p e r a t i ng I n s t r u c t i o ns \n\nO p e r a t i ng \n\ni n s t r u c t i o ns \n\nfor \n\nthe \n\ne q u i p m e nt \n\nand \n\np r o t e c t i ve s y s t e ms which contain all the Information \n\nn e c e s s a ry to the safety must be drawn up In one of \n\nthe languages of the country In which the e q u i p m e nt \n\nand p r o t e c t i ve s y s t e ms are to be used and s u p p l i ed \n\nwith the equipment and the p r o t e c t i ve s y s t e ms so \n\nthat \n\nit is p o s s i b le to decide beyond any \n\ndoubt \n\nw h e t h er \n\nan \n\nitem \n\nof \n\nequipment \n\nIn \n\na \n\ns p e c i f i ed \n\nc o n f o r m i ty category \n\nor a p r o t e c t i ve system can be \n\nused safely In the Intended area under the o p e r a t i ng \n\nc o n d i t i o ns to be e x p e c t e d. Such I n f o r m a t i on should \n\nI n c l u d e, for e x a m p l e, data relating to: \n\nthe e q u i p m e n t - g r o up and the c o n f o r m i ty c a t e g o ry \n\np u t t i ng \n\ninto s e r v i c e, m a i n t e n a n c e, \n\nI n s p e c t i o n, \n\ns e r v i c e a b i l i ty \n\nc h e c k s, \n\nr e p a i r s, \n\np e r m i s s i b le \n\nnormal work and adjustment \n\nelectrical p a r a m e t e r s, p r e s s u re or other relevant \n\nlimit va lues ; \n\nthe highest surface t e m p e r a t u r e s; \n\nw h e re \n\nn e c e s s a r y, \n\nspecial \n\nc o n d i t i o ns \n\nof \n\nu s e, \n\nincluding indications to p o s s i b le m i s u se which \n\ne x p e r i e n ce has shown might o c c u r. - 41 -\n\n1. 1. C h a r a c t e r i s t i cs of m a t e r i a ls \n\n1. 1. 1 \n\nThe m a t e r i a ls used for the c o n s t r u c t i on of \n\nthe \n\nequipment and p r o t e c t i ve s y s t e ms must comply with \n\nthe r e q u i r e m e n ts to prevent the o c c u r r e n ce \n\nof an \n\ne x p l o s i on due regard being paid to the operational** \n\nf o r e s e e a b le s t r e s s e s. As far as It Is f o r e s e e a b le by the m a n u f a c t u r e r, It \n\nmust not be p o s s i b le for any r e a c t i o ns to take place \n\nbetween the c o n s t r u c t i on m a t e r i a ls used and \n\nthe \n\nflammable m a t e r i a ls which could \n\nImpair \n\ne x p l o s i on \n\nprotect Ion. 1. 1. 2 \n\nWhen s e l e c t i ng suitable c o m b i n a t i o ns of m a t e r i a l s, \n\ndue account must be taken, for e x a m p l e, of the \n\nm a t e r i a l s' \n\nc o r r o s i on \n\nb e h a v i o r, \n\nwear \n\nr e s i s t a n c e, \n\ne l e c t r o s t a t ic c o n d u c t i v i t y, impact s t r e n g t h, ageing \n\nr e s i s t a n ce and the e f f e c ts of v a r i a t i o ns \n\nIn the \n\nt e m p e r a t u r e. 1. 2. Design and c o n s t r u c t i on \n\n1. 2. 1 \n\nState of the art In respect of technical e x p l o s i on \n\nprotect ion. Equipment and p r o t e c t i ve systems must be designed \n\nand m a n u f a c t u r ed with due regard to the state of the \n\nart In respect of technical e x p l o s i on p r o t e c t i on so \n\nthat they can be safely o p e r a t ed throughout their \n\nf o r e s e e a b le lifetime. 1. 2. 2 \n\nC o m p o n e n ts \n\nto \n\nbe \n\nInserted \n\ninto \n\nor \n\nused \n\nas \n\nr e p l a c e m e n ts \n\nin equipment and p r o t e c t i ve \n\nsystems \n\nmust be so designed and m a n u f a c t u r ed \n\nthat \n\nthey \n\n\f- 42 -\n\nf u n c t i on safely for their \n\nIntended p u r p o se with \n\nregard \n\nto \n\ne x p l o s i on \n\np r o t e c t i on \n\nwhen \n\nthey \n\nare \n\ninstalled \n\nIn a c c o r d a n ce with \n\nthe m a n u f a c t u r e r 's \n\nInstruct Ions. 1. 2. 3 \n\nE n c l o s ed equipment s y s t e ms \n\nIn the design and c o n s t r u c t i on of equipment which \n\nmay release flammable m a t e r i a ls \n\np r o v i s i on is to be \n\nm a de w h e re a p p r o p r i a te for s t r u c t u r es which are as \n\ne n c l o s ed as p o s s i b le in order to prevent or limit \n\nthe formation of e x p l o s i ve a t m o s p h e r e s. 1. 2. 4 \n\nP r e v e n t i on of leaks \n\nThe e s c a pe of flammable m a t e r i a ls from a p e r t u r es and \n\nleaks in enclosed equipment must be p r e v e n t ed where \n\na p p r o p r i a te so as to e n s u re that e s c a p i ng m i x t u r es \n\ncannot \n\ngive \n\nrise \n\nto \n\np o t e n t i a l ly \n\ne x p l o s i ve \n\na t m o s p h e r es or dust d e p o s i t i o ns as the result of air \n\na c c e ss o u t s i de the e q u i p m e n t. The equipment must also be sealed In a manner as \n\nleaktlght as p o s s i b le In a c c o r d a n ce with the \n\nstate \n\nof the art at p o i n ts w h e re the flammable m a t e r i a ls \n\nare Introduced or drawn o f f. 1. 2. 5 \n\nP r e v e n t i on of dust d e p o s i t i on \n\nE q u i p m e nt and protect Ive s y s t e ms which are intended \n\nto be used In areas e x p o s ed to dust must be so \n\nd e s i g n ed \n\nthat \n\nas \n\nlittle \n\ndust \n\nas p o s s i b le \n\ncan \n\np r e c i p i t a te \n\non \n\nto \n\ntheir \n\ns u r f a c es \n\nto \n\nprevent \n\nI g n I t I o n s. They must be easily c l e a n a b l e. - 43 -\n\n1. 2. 6 \n\nA p p r o p r i a te p r o t e c t i ve a p p l i a n c es \n\nEquipment and p r o t e c t i ve systems which are a s s u m e d, \n\nfor e x a m p l e, to be exposed \n\nto major \n\nm e c h a n i c al \n\nh a z a r ds \n\nor \n\nv i b r a t i o ns \n\nIn normal \n\nuse \n\nmust \n\nbe \n\ne q u i p p e d,. where \n\nnecessary* \n\nwith \n\nappropriate** \n\np r o t e c t i ve a p p l i a n c e s. The equipment must w i t h s t a nd \n\nrelevant \n\ns t r e s s e s, \n\nwithout \n\nadversely \n\na f f e c t i ng \n\ne x p l o s i on p r o t e c t i o n. 1. 2. 7 \n\nSafe o p e n I ng \n\nIf equipment and p r o t e c t i ve systems are in a housing \n\nor a locked c o n t a i n e r, it must be p o s s i b le to open \n\nsuch housing or container only with 'tools or by \n\nm e a ns of a p p r o p r i a te p r o t e c t i on m e a s u r e s. 1. 2. 8 \n\nP r o t e c t i on against other hazards \n\nEquipment and p r o t e c t i ve systems must be d e s i g n ed \n\nand m a n u f a c t u r ed so as to prevent danger of physical \n\nor \n\nother \n\nforms \n\nof \n\nInjury \n\nwhich \n\nmight \n\no c c u r, \n\np a r t i c u l a r ly the h a z a r ds arising from e l e c t r o c u t i o n. W h e r e, for equipment and p r o t e c t i ve s y s t e m s, these \n\nrisks referred to In this paragraph are w h o l ly or \n\npartly covered by other Community D i r e c t i v e s, this \n\nD i r e c t i ve shall not apply or shall cease to a p p l y, \n\nIn the case of such equipment and p r o t e c t i ve s y s t e ms \n\nand of such risks on the entry into force of these \n\ns p e c i f ic D i r e c t i v e s. - 44 -\n\n1. 3. Potential ignition s o u r c es \n\n1. 3. 1 \n\nH a z a r ds arising from different Ignition s o u r c es \n\nPotential Ignition s o u r c es such as s p a r k s, f l a m e s, \n\ne l e c t r ic a r c s, high surface t e m p e r a t u r e s, \n\nn o i s e --\n\ng e n e r a t ed e n e r g y, radiation In the optical field, \n\ne l e c t r o m a g n e t ic w a v es and other relevant \n\nignition \n\ns o u r c es should not o c c u r. 1. 3. 2 \n\nE l e c t r o s t a t ic h a z a r ds \n\nE l e c t r o s t a t ic \n\nc h a r g es \n\ncapable \n\nof \n\nr e s u l t i ng \n\nIn \n\nd a n g e r o us d i s c h a r g es must be p r e v e n t ed by m e a ns of \n\na p p r o p r i a te m e a s u r e s. 1. 3. 3 \n\nH a z a r ds arising from e l e c t r ic s t r a y- and \n\nleakage \n\nc u r r e n ts \n\nE l e c t r ic s t r a y- and leakage c u r r e n ts In c o n d u c t i ve *' \n\ne q u i p m e nt parts which could result for e x a m p le in \n\nthe o c c u r r e n ce of \n\nigniting \n\ns p a r ks or \n\nd a n g e r o us \n\nc o r r o s i on must be p r e v e n t e d. 1. 3. 4 \n\nH a z a r ds arising from o v e r h e a t i ng \n\nO v e r h e a t i ng \n\ncaused \n\nby \n\nfriction \n\nand \n\nImpacts-\n\no c c u r r i n g, for e x a m p l e, b e t w e en m a t e r i a ls and parts \n\nin contact \n\nwith each other \n\nwhile r o t a t i n g, \n\nby \n\nintrusion of foreign bodies and simlliar p h e n o m e na \n\nmust be p r e v e n t ed already at the design stage as far \n\nas p o s s i b l e. 1. 3. 5 \n\nH a z a r ds arising from c o m p r e s s i on o p e r a t i o ns \n\nC o m p r e s s i on o p e r a t i o ns must p r o c e ss In such a way at \n\n\f- 45 -\n\nthe \n\ndesign \n\nstage \n\nr e s p e c t i v e ly \n\nwith \n\nIntegrated \n\nm e a s u r e m e nt and control d e v i c es that they do not \n\ngive \n\nrise \n\nto any \n\nshock w a v es and \n\nc o m p r e s s i o ns \n\nc a p a b le of causing i g n i t i o n. 1. 4. H a z a r ds arising from external e f f e c ts \n\n1. 4. 1 \n\nE q u i p m e nt and p r o t e c t i ve s y s t e ms must be so d e s i g n ed \n\nand c o n s t r u c t ed as also to be c a p a b le of p e r f o r m i ng \n\ntheir intended f u n c t i on In c h a n g i ng e n v i r o n m e n t al \n\nc o n d i t i o n s, under \n\nthe \n\ninfluence \n\nof \n\ne x t r a n e o us \n\nv o l t a g e s, in the p r e s e n ce of e x c e s s i ve \n\nh u m i d i t y, \n\nv i b r a t i o n s, c o n t a m i n a t i on and other external e f f e c ts \n\nw i t h in \n\nthe \n\no p e r a t i o n al \n\nc o n d i t i o ns \n\ns t a t ed \n\nby \n\nm a n u f a c t u r e r s. 1. 4. 2 \n\nC o m p o n e n ts \n\nand \n\ni n s t r u m e n t a t i on used \n\nmust \n\nbe \n\na p p r o p r i a te to the Intended m e c h a n i c al and thermal \n\ns t r e s s es and c a p a b le of w i t h s t a n d i ng e x i s t i ng or to \n\nbe e x p e c t ed influences of a g g r e s s i ve m e d i a. 1. 5. S a f e t y - r e l a t ed r e q u i r e m e n ts In respect of e q u i p m e nt \n\n1. 5. 1 \n\nR e q u i r e m e n ts in respect of safety d e v i c es \n\nO v e r l o a d i ng of e q u i p m e nt \n\nmust be p r e v e n t e d, \n\nfor \n\ne x a m p l e, \n\nby m e a ns of o v e r c u r r e nt cut-off s w i t c h e s, \n\nt e m p e r a t u re \n\nl l m l t e r s, \n\nd i f f e r e n t i al \n\np r e s s u re \n\ns w i t c h e s, \n\nf l o w m e t e r s, \n\ntime-lag \n\nr e l a y s, \n\nspeed \n\nm o n i t o rs and/or \n\nsimilar types of m o n i t o r i ng d e v i c es \n\na l r e a dy \n\nat \n\nthe \n\ndesign \n\nstage \n\nr e s p e c t i v e ly \n\nwith \n\nintegrated m e a s u r e m e nt and control d e v i c e s. 1. 5. 2 \n\nSafety d e v i c es must f u n c t i on i n d e p e n d e n t ly of any \n\nm e a s u r e m e nt \n\nand \n\ncontrol \n\nd e v i c es \n\nr e q u i r ed \n\nfor \n\noperat ion. - 46 -\n\nA s a f e ty d e v i ce f a i l u re shall be d e t e c t ed by m e a ns \n\nof approprI ate m e a s u r es that w i t h in a short time \n\np e r i od a d a n g e r o us c o n d i t i on Is not h i g h ly likely to \n\no c c u r. For e l e c t r i c al c i r c u i ts the f a l l - s a fe p r i n c i p le Is \n\nto be a p p l i ed when the risks a s s e s s m e nt m a k es this \n\nn e c e s s a r y. If a p p r o p r i a t e, the s a f e t y - r e l a t ed s w i t c h i ng must \n\nd i r e c t ly Influence the relevant control \n\na c t u a t i ng \n\nd e v i ce w i t h o ut s o f t w a re c o m m a n d. 1. 5. 3 \n\nIn the event of a safety d e v i ce f a i l u r e, e q u i p m e nt \n\nand/or p r o t e c t i ve s y s t e ms shall be put Into safe \n\nc o n d I t I o n. 1. 5. 4 \n\nS a f e ty d e v i c es should be fitted w h e re a p p r o p r i a te \n\nwith restart l o c k o u t s. A new start command may take \n\neffect In the case of normal o p e r a t i on only after \n\nthe safety c u t - o ff switch has i n t e n t i o n a l ly been \n\nr e s e t. 1. 5. 5 \n\nA p p l i c a t i on of e r g o n o m ie p r i n c i p l es \n\nW h e re control and d i s p l ay u n i ts are u s e d, they must \n\nbe d e s i g n ed in a c c o r d a n ce with e r g o n o m ie p r i n c i p l es \n\nIn order to a c h i e ve the highest p o s s i b le level of \n\no p e r a t I ng s a f e t y. 1. 5. 6 \n\nR e q u i r e m e n ts \n\nin \n\nrespect \n\nof \n\ne q u i p m e nt \n\nwith \n\na \n\nm e a s u r i ng f u n c t i on for e x p l o s i on p r o t e c t i o n. E q u i p m e nt with a m e a s u r i ng f u n c t i on must be d e s i g n ed \n\nand c o n s t r u c t ed \n\nin p a r t i c u l ar \n\nfrom the point of \n\nv i ew of their m e a s u r i ng p r i n c i p l e s, d i s p l ay time \n\n\f- 47 -\n\nlag, t r a n s v e r se s e n s i t i v i ty \n\nand a c c e p t a b le a c c u r a cy \n\nlimits so that they can cope with the f o r e s e e a b le \n\ns i t u a t i o ns and special c o n d i t i o ns of u s e. 1. 5. 7 \n\nIt must be p o s s i b le to check with su I tab Ie devI c e s, \n\nw h e re \n\nn e c e s s a r y, \n\nthe \n\nreading \n\na c c u r a cy \n\nand \n\ns e r v i c e a b i l i ty \n\nof \n\nequipment \n\nwith \n\na \n\nm e a s u r i ng \n\nf u n c t i o n. 1. 5. 8 \n\nThe design of equipment with a m e a s u r i ng f u n c t i on \n\nmust Incorporate a safety factor which e n s u r es that \n\nthe alarm threshold \n\nlies far enough o u t s i de \n\nthe \n\ne x p l o s i v i ty \n\nlimits of \n\nthe \n\na t m o s p h e r es \n\nto \n\nbe \n\nr e g i s t e r e d. 1. 5. 9 \n\nRisks arising from s o f t w a re \n\nIn the design of s o f t w a r e - c o n t r o l l ed \n\ne q u i p m e n t, \n\nspecial account must be taken from an analytical \n\npoint of view of the risks arising from faults in \n\nthe \n\np r o g r a m m e. For \n\nelectrical \n\nc i r c u i ts \n\nthe \n\nr e q u i r e m e nt 1. 5. 2 as relevant must be a p p l i e d. The \n\nsame safety r e q u i r e m e n ts apply to s e n s o r - m o n i t o r ed \n\ne q u i p m e n t. 1. Integration of safety r e q u i r e m e n ts relating \n\nto the \n\nsystem \n\n1. 6. 1 \n\nManual o v e r r i de of a u t o m a t ic p r o c e s s es must at all \n\ntimes be p o s s i b le to avert h a z a r d s. In \n\nthe \n\nevent \n\nof \n\nd e v i a t i on \n\nfrom \n\nthe \n\nIntended \n\no p e r a t i o n, It must be p o s s i b le to shut the e q u i p m e nt \n\ndown s a f e l y. - 48 -\n\n1. 6. 2 \n\nWhen the emergency shutdown system Is actuated, \n\naccumulated energy must be reduced as quickly and \n\nsafely as possible so that \n\nIt will \n\nlose Its \n\npotentially dangerous effects. This does not apply for e I ectrochemIcaI I y stored \n\nenergy. 1. 6. 3 \n\nHazards arising from power failure \n\nWhere equipment can give rise to additional hazards \n\nIn the event of a power failure, It must be \n\npossible to restore It to a safe operating state \n\nIndependently of the rest of the Installation. 1. 6. 4 \n\nHazards arising from connections \n\nEquipment and product I ve systems must be fitted with \"<\u2022 \n\nsuitable cable and conduit entries. When equipment and protective systems are Intended \n\nfor use In combination with other equipment and \n\nprotect Ive systems, the Interface shall be made in a \n\nsafe manner. 1. 6. 5 \n\nPlacing of warning devices as parts of equipment \n\nWhere warning devices are provided for monitoring \n\nexplosive atmospheres In the vicinity of equipment, \n\nthe detectors must be capable of being positioned In \n\nsuch a way that a dangerous operatIng condition can \n\nbe readily identified. - 49 -\n\n1. 6. 6 \n\nAreas endangered by pressure relief In the event of \nan explosion \n\nAreas endangered in front of explosion pressure-\n\nrelief \n\ndevices \n\nshould \n\nbe \n\nIndicated \n\nby \n\nthe \n\nmanufacturer as far as possible. - 50 -\n\n2. S u p p l e m e n t a ry r e q u i r e m e n ts in respect of e q u i p m e nt \n\nw h i ch are c a p a b le of c a u s i ng an e x p l o s i on \n\n2. 0. C r i t e r ia for c o n f o r m i ty c a t e g o ry M of e q u i p m e nt g r o up I \n\n2. 0. 1 \n\nC r i t e r ia for c o n f o r m i ty c a t e g o ry (M) 1 of e q u i p m e nt \n\ng r o up I \n\n2. 0. 1. 1 E q u i p m e nt must be so d e s i g n ed and c o n s t r u c t ed and, \n\nw h e re n e c e s s a r y, a d d i t i o n a l ly e q u i p p ed with special \n\np r o t e c t i ve f e a t u r es that s o u r c es of Ignition do not \n\nb e c o me e f f e c t i ve even in the event of rare Incidents \n\nr e l a t i ng \n\nto \n\ne q u i p m e nt \n\nor \n\ntwo \n\nfaults \n\no c c u r I ng \n\nI n d e p e n d e n t ly of each o t h e r. 2. 0. 1. 2 E q u i p m e nt must be so c o n s t r u c t ed that, as far as It \n\nis \n\np o s s i b l e, \n\nno \n\ndust \n\ncan \n\np e n e t r a te \n\nto \n\ntheir \n\nInterlor. 2. 0. 1. 3 The s u r f a ce t e m p e r a t u r es of e q u i p m e nt p a r ts must be \n\nkept well b e l ow the Ignition t e m p e r a t u re of the \n\nf o r e s e e a b le d u s t / a ir m i x t u r es In order to prevent \n\nthe Ignition of s u s p e n d ed dust and be kept well \n\nb e l ow the glow t e m p e r a t u re In the case of d e p o s i t ed \n\nd u s t. The t h i c k n e ss of d e p o s i t ed dust and \n\ndust \n\na c c u m u l a t i on on e q u i p m e nt p a r ts should be taken Into \n\nc o n s i d e r a t i on and offset w h e re a p p r o p r i a te by m e a ns \n\nof t e m p e r a t u re \n\nlimitation In order to p r e v e nt a \n\nheat b u i I d - u p. 2. 0. 1. 4 E q u i p m e nt must be so d e s i g n ed that the o p e n i ng of \n\ne q u i p m e nt p a r ts must be c a r r i ed out only under n o n-\n\na c t i ve \n\nor \n\nIntrinsic \n\ns a f e ty \n\nc o n d i t i o ns \n\nor \n\nvia \n\nrelevant i n t e r l o c k i ng m e c h a n i s m s. - 51 -\n\n2. 0. 2 \n\nC r i t e r ia for c o n f o r m i ty c a t e g o ry (M) 2 of \n\nequipment group I \n\n2. 0. 2. 1 Equipment must be so designed and c o n s t r u c t ed that \n\ns o u r c es of Ignition do not b e c o me e f f e c t i ve during \n\nt r o u b l e - f r ee o p e r a t i o n. 2. 0. 2. 2 If after the o p e n i ng of the e n c l o s u r e, the e x p o s u re \n\nof c o m p o n e n ts could lead to the Ignition of an \n\ne x p l o s i ve a t m o s p h e r e, it must only be p o s s i b le to \n\nopen equipment under n o n - a c t i ve c o n d i t i o ns or via \n\nrelevant Interlocking m e c h a n i s m s. 2. 0. 2. 3 The \n\nr e q u i r e m e n ts \n\nregarding \n\ne x p l o s i on \n\nh a z a r ds \n\no c c u r r i ng \n\nfrom \n\ndust \n\nreferred \n\nto \n\nin \n\nc o n f o r m i ty \n\ncategory (M) 1 must be a p p l i e d. 2. 1. C r i t e r ia for c o n f o r m i ty c a t e g o ry 1 of equipment \n\ngroup I I \n\n2. 1. 1. E x p l o s i ve a t m o s p h e r es caused by g a s e s, v a p o u rs or \n\nhazes \n\n2. 1. 1. 1 Equipment must be so designed and c o n s t r u c t ed that \n\ns o u r c es of Ignition do not occur even in the event \n\nof rare \n\nIncidents relating to equipment or \n\ntwo \n\nfaults o c u r r i ng Independently of each o t h e r. 2. 1. 1. 2 Equipment with s u r f a c es that are likely to heat up \n\nshould be avoided where p o s s i b l e. Falling t h i s, it \n\nmust be ensured that the stated m a x i m um \n\nsurface \n\nt e m p e r a t u r es In even the most u n f a v o u r a b le cases \n\nremain s a f e l y. In this c o n n e c t i o n, t e m p e r a t u re rises \n\ncaused by heat b u i l d - u ps and chemical r e a c t i o ns must \n\nalso be taken into a c c o u n t. - 52 -\n\n2. 1. 1. 3 Equipment must be so designed that the o p e n i ng of \n\nequipment parts must be carried out only under n o n-\n\na c t i ve \n\nor \n\nIntrinsic \n\nsafety \n\nc o n d i t i o ns \n\nor \n\nvia \n\nrelevant interlocking m e c h a n i s m s. 2. 1. 2. E x p l o s i ve a t m o s p h e r es caused by dust. ^ \u201e. 2. 1. 2. 1 Equipment must be so designed and c o n s t r u c t ed that \n\nIgnition of e x i s t i ng dust/air m i x t u r es do not occur \n\neven in the event of rare incidents relating to \n\nequipment and two faults o c c u r I ng independently of \n\neach o t h e r. 2. 1. 2. 2 Equipment must be so c o n s t r u c t ed that as far as It \n\nis \n\np o s s i b l e, \n\nno \n\ndust \n\ncan \n\np e n e t r a te \n\nto \n\ntheir \n\ni n t e r l o r s. This requirement must also be met by inlet and \n\nc o n n e c t i ng p i e c e s. 2. 1. 2. 3 The s u r f a ce t e m p e r a t u r es of e q u i p m e nt p a r ts must be \n\nkept well below the Ignition t e m p e r a t u re of the \n\nf o r e s e e a b le dust/air m i x t u r es In order to prevent \n\nthe ignition of suspended dust and be kept well \n\nbelow the glow temperature in the case of deposited \n\nd u s t. The t h i c k n e ss of d e p o s i t ed dust and dust \n\na c c u m u l a t i on on equipment parts should be taken into \n\nc o n s i d e r a t i on and offset w h e re approprI ate by m e a ns \n\nof t e m p e r a t u re limitation In order to prevent a heat \n\nbuI Id-up. 2. 1. 2. 4 The requirement 2. 1. 1. 3 regarding the safe o p e n i ng \n\nof equipment for c o n f o r m i ty category 1 also a p p l i es \n\nh e r e. - 53 -\n\n2. 2. Criteria for conformity category 2 of equipment \n\ngroup \" \n\n2. 2. 1. Explosive atmospheres caused by gases, vapours or \n\nhazes \n\n2. 2. 1. 1 Equipment must be designed and constructed to \n\nprevent \n\nIgnition, \n\nincluding \n\nthose \n\ncaused \n\nby \n\nfrequently occurring incidents relating to equipment \n\nwhich normally have to be taken into account. 2. 2. 1. 2 Equipment parts must be so designed and constructed \n\nthat their stated surface temperatures to be kept \n\nsafely even where risks arise from foreseeable \n\nabnormal situations. 2. 2. 1. 3 If after the opening of the enclosure, the exposure \n\nof components could lead to the Ignition of an \n\nexplosive atmosphere, equipment must be constructed \n\nso that it must only be possible to open equipment \n\nunder \n\nnon-active \n\nconditions \n\nor \n\nvia \n\nrelevant \n\nInterlocking mechanisms. 2. 3 \n\nCriteria* for conformity category 3 of equipment \n\nflrouP '' \n\n2. 3. 1. Explosive atmospheres, caused by gases, vapours or \n\nhazes \n\n2. 3. 1. 1 Equipment must be so designed and constructed to \n\nprevent Ignitions which can occur during trouble-\n\nfree operatIon. - 54 -\n\n2. 3. 1. 2 The surface temperatures may not exceed Ignition \n\ntemperatures \n\nduring \n\nIntended \n\noperations. Temperatures in excess of Ignition temperatures may \n\nbe allowed only If special protective measures are \n\ntaken by the manufacturer. 2. 3. 2. Explosive atmospheres caused by dust \n\n2. 3. 2. 1 Equipment must be so designed and constructed that \n\nsuspended dust cannot be Ignited by Ignition sources \n\nlikely to exist under normal operating conditions. The possibility of ignition of deposited dust during \n\nrarely occurring Incidents relating to equipment and \n\nfaults must also be precluded. 2. 3. 2. 2 The \n\nrequirement \n\n2. 1. 2. 3 \n\nregarding \n\nsurface \n\ntemperatures for conformity category 1 also applies \n\nhere. 2. 3. 2. 3 Equipment Including the Inlet parts and connecting \n\npieces thereof, must be so constructed that dust \n\ncannot \n\npenetrate \n\nand \n\nIt \n\nis \n\nimpossible \n\nfor \n\npotentially explosive dust/air mixtures to develop \n\nor dangerous dust deposition to occur Inside It. - 55 -\n\n3. S u p p l e m e n t a ry r e q u i r e m e n ts In respect of p r o t e c t i ve \n\nsystems \n\n3. 0. General r e q u i r e m e n ts \n\n3. 0. 1 \n\nP r o t e c t i ve \n\nsystems \n\nIntended \n\nto \n\nhalt \n\nIncipient \n\ne x p l o s i o ns and/or to limit the effected range of \n\nexplosion flames and explosion p r e s s u r es must be \n\nintegrated where necessary into equipment and be so \n\ndesigned \n\nthat \n\nthose \n\ne f f e c ts \n\nare \n\nlimited \n\nto a \n\nsufficient level of s a f e t y. 3. 0. 2 \n\nThe p r o t e c t i ve systems must be so designed \n\nand \n\ncapable of being positioned that It is possible to \n\nprevent e x p l o s i o ns from spreading \n\nthrough d a n g e r o us \n\nchain \n\nreactions \n\nand \n\nf l a s h o v er -and \n\nhalt \n\nthe \n\ntransition of Incipient e x p l o s i o ns to d e t o n a t i o n s. 3. 0. 3 \n\nIn the event of a power fa ilure, p r o t e c t i ve systems-\n\nmust \n\nretain \n\ntheir \n\ncapacity \n\nto function \n\nfor \n\nan \n\nadequate*- per lod to avoid a d a n g e r o us s i t u a t i o n. 3. 0. 4 \n\nP r o t e c t i ve \n\nsystems \n\nshall \n\nnot \n\nfail \n\nunder \n\nthe \n\nInfluence of external e f f e c t s. - 56 -\n\n3. 1. P l a n n i ng and d e s i gn \n\n3. 1. 1 \n\nS t r e n g th of m a t e r i a ls \n\nAt the p l a n n i ng s t a g e, the s t r e n g th r e q u i r ed of the \n\nm a t e r i a ls must be d e t e r m i n ed on the b a s is of the \n\nm a x i m um \n\ne x p l o s i on \n\np r e s s u re \n\nbeing \n\nthe \n\ne x p l o s i on \n\np r e s s u re \n\nto \n\nbe \n\ne x p e c t e d, \n\nc o n s i d e r i ng \n\na l so \n\nthe \n\na n t i c i p a t ed \n\nheating \n\neffect \n\nof \n\nthe \n\nflame \n\nunder \n\ne x t r e me o p e r a t i ng c o n d i t i o n s. 3. 1. 2 \n\nP r o t e c t i ve s y s t e ms d e s i g n ed \n\nto resist \n\ne x p l o s i o ns \n\nmust be c a p a b le of w i t h s t a n d i ng the p r e s s u re w a ve In \n\nq u e s t i on with a d e q u a te c e r t a i n t y. 3. 1. 3 \n\nThe a c c e s s o r i es c o n n e c t ed to the p r o t e c t i ve s y s t e ms \n\nmust be c a p a b le of w i t h s t a n d i ng the e x p e c t ed m a x i m um \n\ne x p l o s i on p r e s s u re without losing their c a p a c i ty to \n\nfunct ion. 3. 1. 4 \n\nF l a m e p r o of e n c l o s u re s y s t e ms. If p a r ts w h i ch can Ignite an e x p l o s i ve a t m o s p h e re \n\nare placed In an e n c l o s u r e, it must be Insured that \n\nthe e n c l o s u re can w i t h s t a nd the p r e s s u re d e v e l o p ed \n\nduring an internal e x p l o s i on of an e x p l o s i ve m i x t u re \n\nand p r e v e n ts the t r a n s m i s s i on of the e x p l o s i on to \n\nthe e x p l o s i ve a t m o s p h e re s u r r o u n d i ng the e n c l o s u r e. 3. 1. 5 \n\nT a k i ng account of system r e a c t i o ns \n\nThe r e a c t i o ns caused -by p r e s s u r es \n\nIn p e r i p h e r al \n\ne q u i p m e nt and c o n n e c t ed p i p e w o rk must be taken into \n\nc o n s i d e r a t i on \n\nIn \n\nthe \n\np l a n n i ng \n\nand \n\nd e s i gn \n\nof \n\np r o t e c t i ve s y s t e m s. - 57 -\n\n3. 1. 6 \n\nP r e s s u r e - r e l i ef s y s t e ms \n\nIf it Is likely that s t r e s s es on p r o t e c t i ve s y s t e ms \n\nwill exceed their s t r u c t u r al \n\ns t r e n g t h, \n\np r o v i s i on \n\nmust be made In the d e s i gn for s u i t a b le p r e s s u r e-\n\nrelief d e v i c es which do not e n d a n g er p e r s o ns in the \n\nv i c i n i t y. 3. 1. 7 \n\nE x p l o s i on s u p p r e s s i on s y s t e ms \n\nE x p l o s i on s u p p r e s s i on s y s t e ms must be so p l a n n ed and \n\nd e s i g n ed that they react to an Incipient e x p l o s i on \n\nat the earliest p o s s i b le s t a ge in the event of an \n\nincident and c o u n t e r a ct it to best effect with due \n\nregard to the m a x i m um rate of p r e s s u re increase and \n\nthe m a x i m um e x p l o s i on p r e s s u r e. 3. 1. 8 \n\nE x p l o s i on d e c o u p l i ng s y s t e ms \n\nDecoupI Ing s y s t e ms Intended to d i s c o n n e ct \n\nrapidly \n\na s s i g n ed e q u i p m e nt In case of Incipient e x p l o s i o ns \n\nby m e a ns of special a p p l i a n c es must be so p l a n n ed. and d e s i g n ed that they remain proof a g a i n st n o n-\n\nt r a n s m i s s i on of an \n\ninternal \n\nignition and \n\nretain \n\ntheir \n\n'mechanical \n\ns t r e n g th \n\nunder \n\no p e r a t i o n al \n\nc o n d 1 1 I o ns. 3. 1. 9 \n\nP r o t e c t i ve \n\ns y s t e ms \n\nmust \n\nbe \n\nc a p a b le \n\nof \n\nbeing \n\nintegrated \n\ninto a circuit with a s u i t a b le alarm \n\nt h r e s h o ld so that, If n e c e s s a r y, there Is \n\nc e s s a t i on \n\nof product feed and output. '\u00e2nd immediate s h u t d o wn of \n\ne q u i p m e nt p a r ts which can no longer f u n c t i on s a f e t y. - 58 -\n\nANNEX I I I \n\nM o d u l e: EC t y p e - e x a m l n i a t i on \n\n1. T h is m o d u le d e s c r i b es that part of the p r o c e d u re by \n\nw h i ch a n o t i f i ed body a s c e r t a i ns and a t t e s ts that a \n\ns p e c i m e n, r e p r e s e n t a t i ve of the p r o d u c t i on e n v i s a g e d, \n\nm e e ts the relevant p r o v i s i o ns of the D i r e c t i v e. 2. The a p p l i c a t i on for the EC t y p e - e x a m i n a t i on shall be \n\nlodged \n\nby \n\nthe \n\nm a n u f a c t u r er \n\nor \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve e s t a b l i s h ed w i t h in the C o m m u n i ty with a \n\nn o t i f i ed body of his c h o i c e. The a p p l i c a t i on shall i n c l u d e: \n\nthe n a me and a d d r e ss of the m a n u f a c t u r er and, If the -\n\na p p l i c a t i on Is lodged by the author I zed r e p r \u00e9 s e n t \u00e2t I v e, \n\nhis n a me and a d d r e ss in a d d i t i o n; \n\na w r i t t en d e c l a r a t i on that the same a p p l i c a t i on has not * \n\nbeen lodged with any other n o t i f i ed b o d y;. ^-\u00bb \n\nthe technical d o c u m e n t a t i o n, as d e s c r i b ed In point 3. The a p p l i c a nt shall place at the disposal of the. n o t i f i ed \n\nbody a s p e c i m e n, r e s p r e s e n t a t I ve of the p r o d u c t i on e n v i s a g ed \n\nand h e r e i n a f t er called \" t y p e \". The n o t i f i ed body may request \n\nfurther \n\ns p e c i m e ns \n\nif needed \n\nfor c a r r y i ng out \n\nthe test -\n\np r o g r a m m e. 3. The technical d o c u m e n t a t i on shall e n a b le the c o n f o r m i ty \n\nof the product with the r e q u i r e m e n ts of the D i r e c t i ve \n\nto be a s s e s s e d. It s h a l l, as far as relevant for such \n\na s s e s s m e n t, cover the d e s i g n, m a n u f a c t u re and o p e r a t i on \n\nof the p r o d u ct and shall c o n t a in as far as Is relevant \n\nfor a s s e s s m e nt : \n\n\f- 59 -\n\na general t y p e - d e s c r i p t i o n; \n\nconceptual design and m a n u f a c t u r i ng d r a w i n gs and \n\ns c h e m es of c o m p o n e n t s, s u b - a s s e m b l i e s, \n\nc i r c u i t s, \n\ne t c. ; \n\nd e s c r i p t i o ns \n\nand e x p l a n a t i o ns n e c e s s a ry \n\nfor \n\nthe \n\nu n d e r s t a n d i ng of said d r a w i n gs and s c h e m es and the \n\no p e r a t i on of the p r o d u c t; \n\na list of the s t a n d a r ds referred to in A r t i c le 5, \n\napplied in full or In p a r t, and d e s c r i p t i o ns of the \n\ns o l u t i o ns adopted to meet the essential r e q u i r e m e n ts \n\nof the D i r e c t i ve where the s t a n d a r ds referred to in \n\nA r t i c le 5 have not been a p p l i e d; \n\nr e s u l ts of design c a l c u l a t i o ns m a d e, e x a m i n a t i o ns \n\ncarried out, e t c. ; \n\ntest r e p o r t s. 4. The notified body sha \n\n4. 1 \n\ne x a m i ne the; techn l cal -document\u00e2t Ion , verify that, the \n\ntype has been m a n u f a c t u r ed \n\nin c o n f o r m i ty with \n\nthe \n\ntechnical document at I on * and Identify the e l e m e n ts which \n\nhave been designed In a c c o r d a n ce with the relevant \np r o v i s i o ns of the s t a n d a r ds referred to In A r t i c l e ^ ,1 \n\nas well as the c o m p o n e n ts which have been designed \n\nwithout \n\napplying \n\nthe relevant \n\np r o v i s i o ns of \n\nthose \n\ns t a n d a r d s; \n\n4. 2 perform or have performed the a p p r o p r i a te e x a m i n a t i o ns \n\nand \n\nn e c e s s a ry \n\ntests \n\nto check \n\nw h e t h e r, \n\nw h e re \n\nthe \n\ns t a n d a r ds referred to in A r t i c le 5 have not \n\nbeen \n\na p p l i e d, the s o l u t i o ns a d o p t ed by the m a n u f a c t u r er \n\nmeet the essential r e q u i r e m e n ts of the Directive-, \n\n4. 3 perform or have performed the a p p r o p r i a te e x a m i n a t i o ns \n\nand \n\nn e c e s s a ry \n\ntests \n\nto check \n\nw h e t h e r, \n\nw h e re \n\nthe \n\nm a n u f a c t u r er \n\nhas \n\nchosen \n\nto \n\napply \n\nthe \n\nrelevant \n\ns t a n d a r d s, these have actually been a p p l i e d; \n\n\f- 60 -\n\n4. 4 agree with the applicant the location where the \n\nexaminations and necessary tests shall be carried out. 5. Where the type meets the relevant provisions of the \n\nDirective, the notified body shall Issue an EC type-\n\nexamination \n\ncertificate \n\nto \n\nthe \n\napplicant. ^The* \n\ncertificate shall contain the name and address of the \n\nmanufacturer, \n\nconclusions \n\nof \n\nthe \n\nexamlnI at ion, \n\nconditions for Its validity and the necessary data for \n\nIdentification of the approved type. A list of the relevant \n\nparts of the \n\ntechnical \n\ndocumentation shall be annexed to the cert IfIcate and a \n\ncopy kept by the notified body. If the manufacturer or his authorized representative \n\nestablished \n\nin the Community \n\nIs denied \n\na \n\ntype \n\ncertification, the notified body shall provide detailed \n\nreasons for such denial. Provision shall be made for an appeals procedure. 6. The applleant shal I Inform the notified body that holds \n\nthe technical documentation concerning the EC type >\u2022 \n\nexamination certificate of all modifications to 'the \n\napproved equipment or protective system which must \n\nreceive additional approval where such changes may \n\neffect the conformity with the essential requirements \n\nor the prescribed conditions for use of the product. This additional approval Is given In the form of an \n\naddition \n\nto \n\nthe \n\noriginal \n\nEC \n\ntype-examination \n\ncert IfIcate. 7. Each notified body shall communicate to the other \n\nnotified bodies the relevant Information concerning the \n\nEC type-examination certificates and additions Issued \n\nand withdrawn. - 61 -\n\n8. The other notified bodies may receive copies of the EC \ntype-examination certificates and/or their additions. The annexes to the certificates shall be kept at the \ndisposal of the other notified bodies. 9. The manufacturer or \n\nhis- authorized \n\nrepresentative \n\nestablished \n\nin the Community \n\nshall keep with the \n\ntechnical documentation copies of EC type-examination \n\ncertificates and their additions for a period ending at \n\nleast ten years after the last equipment or protective \n\nsystems has been manufactured. the manufacturer \n\nWhere neither \nauthorized \nrepresentative Is established within the Community, the \nobligation to keep the technical documentation avallabe \nshall be the responsibility of the person who places \nthe product on the Community market. nor his \n\n\f- 62 -\n\nANNEX IV \n\nModule: Production quality assurance \n\n1. module \n\ndescribes \n\np r o c e d u r e/ whereby \n\nThis \nthe \nthe \nmanufacturer who satisfies the obligations of point 2 \nensures and declares that the products concerned are In \nconformity with the type as described In the EC type-\nexamination certificate and satisfy the requirements of \nthe Directive that apply to them. The manufacturer \nshall affix the CE mark to each equipment \nand draw up \na written declaration of conformity. The CE mark shall \nbe accompanied by the Identification symbol of the \nnotified \nas \nspecified In point 4. responsible \n\nmonitoring \n\nbody \n\nfor \n\nEC \n\n2. The manufacturer shall operate an approved \nsystem for production, final equipment \ntesting as specified \nsubject to monitoring as specified In point 4. quality \nInspection and \nIn paragraph 3 and shall be \n\n3. Quai Ity system \n\n3. 1 The \n\nmanufacturer \n\nfor \nassessment of his quality system with a notified body \nof his choice, for the equipment \n\napplication \n\nconcerned. shall \n\nlodge \n\nan \n\nThe application shall Include: \n\nall relevant information for the product category \nenvisaged; \n\n\f- 63 -\n\nthe d o c u m e n t a t i on concerning the quality system; \n\n- the technical d o c u m e n t a t i on of the approved type and \n\na copy of the EC t y p e - e x a m i n a t i on c e r t i f i c a t e. 3. 2 The quality system shall ensure c o m p l i a n ce of the \n\nequipment \n\nw i t h - t he type* a s: described H n the EC type-^v \n\ne x a m i n a t i on c e r t i f i c a te and with the r e q u i r e m e n ts of \n\nthe D i r e c t i ve that apply to them. All the e l e m e n t s, r e q u i r e m e n ts and p r o v i s i o ns adopted \n\nby the m a n u f a c t u r er sha I I be documented in a s y s t e m a t ic \n\nand orderly manner In the form of w r i t t en p o l i c i e s, \n\np r o c e d u r es \n\nand \n\nI n s t r u c t i o n s. The \n\nquality \n\nsystem \n\nd o c u m e n t a t i on must permit a consistent interpretation \n\nof the qua I 1ty p r o g r a m m e s, p I an, m a n u a Is and r e c o r d s. It shall contain in particular an a d e q u a te d e s c r i p t i on \n\nof \n\n- the \n\nquality \n\no b j e c t i v es \n\nand \n\nthe \n\no r g a n i z a t i o n al \n\ns t r u c t u r e, \n\nr e s p o n s i b i l i t i es \n\nand \n\np o w e rs \n\nof \n\nthe. management with regard to equipment \n\nquality-, \n\nthe \n\nm a n u f a c t u r i n g, \n\nquality \n\ncontrol \n\nand \n\nquality \n\na s s u r a n ce \n\nt e c h n i q u e s, \n\np r o c e s s es \n\nand \n\ns y s t e m a t ic \n\na c t i o ns that will be used; \n\nthe e x a m i n a t i o ns and tests that will be carried out \n\nb e f o r e, \n\nduring \n\nand \n\nafter \n\nm a n u f a c t u r e, \n\nand \n\nthe \n\nfrequency with which they will be carried out; \n\nthe quality r e c o r d s, such as inspection reports and \n\ntest data, c a l i b r a t i on data, q u a l i f i c a t i on reports \n\nof the personnel c o n c e r n e d, etc. -, \n\nthe m e a ns to monitor the achievement of the required \n\nequipment \n\nquality and the e f f e c t i ve o p e r a t i on of \n\nthe qua I Ity system. - 64 -\n\n3. 3 The n o t i f i ed body shall a s s e ss the q u a l i ty s y s t em to \n\nd e t e r m i ne \n\nw h e t h er \n\nIt \n\ns a t i s f i es \n\nthe \n\nr e q u i r e m e n ts \n\nr e f e r r ed to in point 3. 2. It shall p r e s u me c o n f o r m i ty \n\nwith t h e se r e q u i r e m e n ts in respect of q u a l i ty s y s t e ms \n\nthat Implement the relevant h a r m o n i z ed s t a n d a r d. The a u d i t i ng team shall have at least o ne m e m b er with \n\ne x p e r i e n ce of e v a l u a t i on in the e q u i p m e nt \n\nt e c h n o l o gy \n\nc o n c e r n e d. The e v a l u a t i on p r o c e d u re shall \n\nInclude an \n\ni n s p e c t i on visit to the m a n u f a c t u r e r 's p r e m i s e s. The d e c i s i on shall be n o t i f i ed to the m a n u f a c t u r e r. The \n\nn o t i f i c a t i on \n\nshall \n\nc o n t a in \n\nthe \n\nc o n c l u s i o ns \n\nof \n\nthe \n\ne x a m i n a t i on and the r e a s o n ed a s s e s s m e nt d e c i s i o n. 3. 4 The \n\nm a n u f a c t u r er \n\nshall \n\nu n d e r t a ke \n\nto \n\nfulfil \n\nthe \n\no b l i g a t i o ns \n\na r i s i ng \n\nout \n\nof \n\nthe \n\nq u a l i ty \n\ns y s t em \n\nas \n\na p p r o v ed and to u p h o ld It so that it r e m a i ns a d e q u a te \n\nand e f f Ic I e n t. The m a n u f a c t u r er or his author I zed r e p r \u00e9 s e n t \u00e2t Ive shaI I \n\nkeep the n o t i f i ed body that has a p p r o v ed the q u a l i ty \n\ns y s t em Informed of any Intended u p d a t i ng of the q u a l i ty \n\ns y s t e m. The n o t i f i ed body shall \n\ne v a l u a te \n\nthe m o d i f i c a t i o ns \n\np r o p o s ed and d e c i de w h e t h er the a m e n d ed q u a l i ty system \n\nwill still s a t i s fy the r e q u i r e m e n ts r e f e r r ed \n\nto in \n\np a r a g r a ph 3. 2 or w h e t h e r. a r e - a s s e s s m e nt Is r e q u i r e d. It' shall n o t i fy Its d e c i s i on to the m a n u f a c t u r e r. The \n\nn o t i f i c a t i on \n\nshall \n\nc o n t a in \n\nthe \n\nc o n c l u s i o ns \n\nof \n\nthe \n\ne x a m i n a t i on and the r e a s o n ed a s s e s s m e nt d e c i s i o n. - 65 -\n\n4. S u r v e i l l a n ce under the r e s p o n s i b i l i ty of the n o t i f i ed \n\nbody \n\n4. 1 \n\nThe p u r p o se of s u r v e i l l a n ce is to m a ke s u re that the \n\nm a n u f a c t u r er duly fulfils the o b l i g a t i o ns a r i s i ng out \n\nof the a p p r o v ed qua Iity s y s t e m. 4. 2 The m a n u f a c t u r er shall allow the n o t i f i ed body e n t r a n ce \n\nfor \n\ninspection \n\np u r p o s es \n\nto \n\nthe \n\nl o c a t i o ns \n\nof \n\nm a n u f a c t u r e, inspection and t e s t i n g, and s t o r a ge and \n\nshall p r o v i de It with all n e c e s s a ry \n\nI n f o r m a t i on \n\nin \n\npart IcuIar \n\nthe q u a l i ty system d o c u m e n t a t i on \n\nthe quality r e c o r d s, such as Inspection r e p o r ts and \n\ntest d a t a, c a l i b r a t i on d a t a, q u a l i f i c a t i on reports \n\nof the personnel c o n c e r n e d, e t c. 4. 3 The n o t i f i ed body shall p e r i o d i c a l ly carry out a u d i ts \n\nto m a ke \n\nsure \n\nthat \n\nthe m a n u f a c t u r er \n\nm a i n t a i ns \n\nand \n\na p p l i es the quality system and shall p r o v i de an audit \n\nreport to the m a n u f a c t u r e r. 4. 4 A d d i t i o n a l ly \n\nthe n o t i f i ed \n\nbody may \n\npay \n\nu n e x p e c t ed \n\nv i s i ts to the m a n u f a c t u r e r. During such v i s i ts the \n\nn o t i f i ed body may carry o u t, or cause to be carried \n\no u t, \n\ntests \n\nto verify \n\nthat \n\nthe quality \n\nsystem \n\nis \n\nf u n c t i o n i ng c o r r e c t l y, if n e c e s s a r y. The n o t i f i ed body \n\nshall p r o v i de the m a n u f a c t u r er with a visit report and, \n\nIf a test has taken p l a c e, with a test r e p o r t. - 66 -\n\nThe m a n u f a c t u r er s h a l l, for a period ending at least \n\nten \n\nyears \n\nafter \n\nthe \n\nlast \n\nequipment \n\nhas \n\nbeen \n\nm a n u f a c t u r e d, keep at the disposal of the national \n\nauthor 11les : \n\nthe d o c u m e n t a t i on referred to In the second Indent, \n\nof point 3. 1; \n\nthe updating referred to In the second p a r a g r a ph of \n\npoint 3. 4; \n\nthe d e c i s i o ns and reports from the notified body \n\nwhich are referred to in the final p a r a g r a ph of \n\npoint 3. 4, point 4. 3 and point 4. 4. 6. Each notified body shall give the other notified bodies \n\nthe relevant Information c o n c e r n i ng the quality system \n\na p p r o v a ls issued and w i t h d r a w n. - 67 -\n\nANNEX V \n\nM o d u l e: P r o d u ct v e r i f i c a t i on \n\nT h is \n\nm o d u le \n\nd e s c r i b es \n\nthe \n\np r o c e d u re \n\nw h e r e by \n\na \n\nm a n u f a c t u r er \n\nor \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve \n\ne s t a b l i s h ed w i t h in the C o m m u n i ty c h e c ks and \n\na t t e s ts \n\nthat the e q u i p m e nt \n\nsubject to the p r o v i s i o ns of point \n\n3 are In c o n f o r m i ty with the type as d e s c r i b ed in the \n\nE C - t y pe \n\ne x a m i n a t i on \n\nc e r t i f i c a te \n\nand \n\ns a t i s fy \n\nthe \n\nrelevant r e q u i r e m e n ts of the D i r e c t i v e. The m a n u f a c t u r er shall take all m e a s u r es n e c e s s a ry in \n\norder that the m a n u f a c t u r i ng p r o c e ss e n s u r es c o n f o r m i ty \n\nof the e q u i p m e nt \n\nwith the type as d e s c r i b ed In the EC \n\nt y p e - e x a m i n a t i on c e r t i f i c a te and with the r e q u i r e m e n ts \n\nof the D i r e c t i ve that apply to them. He shall affix the \n\nC E - m a rk \n\nto \n\neach \n\ne q u i p m e nt \n\nand \n\nshall \n\nd r aw \n\nup \n\na \n\nd e c l a r a t i on of c o n f o r m i t y. The n o t i f i ed \n\nbody shall \n\ncarry out \n\nthe \n\na p p r o p r i a te \n\ne x a m i n a t i o ns and tests In order to check the c o n f o r m i ty \n\nof the e q u i p m e nt \n\nwith the relevant r e q u i r e m e n ts of the \n\nD i r e c t i ve either by e x a m i n a t i on and testing of e v e ry \n\nproduct as s p e c i f i ed In point 4 or by e x a m i n a t i on and \n\ntesting \n\nof \n\ne q u i p m e nt \n\non \n\na \n\ns t a t i s t i c al \n\nb a s i s, \n\nas \n\ns p e c i f i ed \n\nin \n\npoint \n\n5, \n\nat \n\nthe \n\nc h o i ce \n\nof \n\nthe \n\nm a n u f a c t u r e r. The m a n u f a c t u r er or h I s author I zed r e p r e s e n t a t i ve shall \n\nkeep a copy of the d e c l a r a t i on of c o n f o r m i ty for a \n\np e r i od \n\ne n d i ng \n\nat \n\nleast \n\nten \n\ny e a rs \n\nafter \n\nthe \n\nlast \n\ne q u i p m e nt has been m a n u f a c t u r e d. - 68 -\n\n4. V e r i f i c a t i on \n\nby \n\ne x a m i n a t i on \n\nand \n\ntesting \n\nof \n\nevery \n\nequIpment \n\n4. 1 \n\nAll \n\nequipment \n\nshall \n\nbe \n\nindividually \n\ne x a m i n ed \n\nand \n\na p p r o p r i a te \n\ntests \n\nas \n\nset \n\nout \n\nIn \n\nthe \n\nrelevant \n\ns t a n d a r d ( s) referred to In A r t i c le 5 or e q u i v a l e n t* \n\ntests shall be carried out In order to verify their' \n\nconformity with the type as described In the EC-type \n\ne x a m i n a t i on c e r t i f i c a te and the relevant r e q u i r e m e n ts \n\nof \n\nthe D i rect I ve. 4. 2 The notified body shall affix or cause to be affixed, \n\nIts Identification symbol to each approved equipment \n\nand \n\ndraw \n\nup \n\na w r i t t en \n\nc e r t i f i c a te \n\nof \n\nc o n f o r m i ty \n\nrelating to the tests carried o u t. 4. 3 The m a n u f a c t u r er or his authorized r e p r e s e n t a t i ve shall \n\nensure that he is able to supply the notified body's \n\nc e r t i f i c a t es of c o n f o r m i ty on request. 5. Statistical v e r i f i c a t i on \n\n5. 1 \n\nThe m a n u f a c t u r er shall present his equipment \n\nIn the \n\nform of h o m o g e n e o us lots and shall take all m e a s u r es \n\nnecessary tin order \n\nthat \n\nthe m a n u f a c t u r i ng \n\nprocess \n\nensures the homogeneity of each lot p r o d u c e d. 5. 2 All equipment \n\nshall be available for v e r i f i c a t i on in \n\nthe form of h o m o g e n e o us lots. A random sample shall be \nfrom each lot. P r o d u c ts in a sample shall b e1 \n\ndrawn \n\nIndividually examined and a p p r o p r i a te tests as set out \n\nIn the relevant s t a n d a r d ( s) referred to In A r t i c le 5, \n\nor equivalent t e s t s, shall be carried out to ensure \n\ntheir conformity with the relevant r e q u i r e m e n ts of the \n\nDirective \n\nand to determine whether the lot Is accepted \n\nor r e j e c t e d. - 69 -\n\n5. 3 A \n\nsampling \n\nplan \n\nwith \n\nthe \n\nfollowing \n\no p e r a t i ng \n\nc h a r a c t e r i s t i cs Is applied: \n\na standard quality level c o r r e s p o n d i ng to a 95 % \n\np r o b a b i l i ty of a c c e p t a n ce with a p e r c e n t a ge of non \n\nc o n f o r m i ty between 0,5 and 1,5 %, \n\na l i m it quality correspond ing to a 5 % probabI I Ity, \n\nof a c c e p t a n ce with a p e r c e n t a ge of n o n - c o n f o r m i ty \n\n\u2022 between 5 and 10 %. 5. 4 \n\nIn the case of accepted lots, the notified body shall \n\na f f i x, or cause to be affixed, \n\nIts \n\nI d e n t i f i c a t i on \n\nsymbol to each equipment and shall draw up a w r i t t en \n\nc e r t i f i c a te of conformity relating to the tests carried \n\no u t. All equipment \n\nin the lot may be put on the market \n\nexcept those p r o d u c ts from the sample which were found \n\nnot to be In c o n f o r m i t y. If a \n\nlot \n\nis rejected, \n\nthe notified \n\nbody or \n\nthe \n\ncompetent author Ity shaI I take a p p r o p r i a te m e a s u r es to \n\nprevent the putting on the market of that lot. In the \n\nevent of frequent rejection of lots the not I fled body \n\nmay suspend the statistical v e r i f i c a t i o n. The m a n u f a c t u r er may, under the r e s p o n s i b i l i ty of the \n\nnotified body, affix the latter's identification symbol \n\nduring the m a n u f a c t u r i ng p r o c e s s. 5. 5 The m a n u f a c t u r er \n\nor \n\nhis \n\nauthorized \n\nr e p r e s e n t a t i ve \n\nshall e n s u re that he is able to supply the notified \n\nbody's cert I fIcates of conformity on r e q u e s t. - 70 -\n\nANNEX VI \n\nM o d u l e: C o n f o r m i ty to type \n\nT h is m o d u le \n\nd e s c r i b es \n\nthat \n\npart \n\nof \n\nthe \n\np r o c e d u re \n\nw h e r e by \n\nthe \n\nm a n u f a c t u r er \n\nor \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve e s t a b l i s h ed w i t h in the C o m m u n i ty e n s u r es \n\nand d e c l a r es that the e q u i p m e nt and p r o t e c t i ve s y s t e ms \n\nare In c o n f o r m i ty with the type as d e s c r i b ed in the EC \n\nt y p e - e x a m i n a t i on c e r t i f i c a te and satisfy the relevant \n\nr e q u i r e m e n ts of the D i r e c t i v e. The m a n u f a c t u r er shall \n\naffix the CE mark to each e q u i p m e nt and p r o t e c t i ve \n\nsystem and draw up a w r i t t en d e c l a r a t i on of c o n f o r m i t y. The m a n u f a c t u r er shall take all m e a s u r es n e c e s s a ry to \n\ne n s u re \n\nthat \n\nthe \n\nm a n u f a c t u r i ng \n\np r o c e ss \n\na s s u r es \n\nc o m p l i a n ce of the m a n u f a c t u r ed e q u i p m e nt and p r o t e c t i ve \n\ns y s t e ms with the type as d e s c r i b ed in the EC t y p e-\n\ne x a m i n a t i on \n\nc e r t i f i c a te \n\nand \n\nwith \n\nthe \n\nrelevant, \n\nr e q u i r e m e n ts of the D i r e c t i v e. The m a n u f a c t u r er or his a u t h o r i z ed r e p r e s e n t a t i ve shall \n\nkeep a copy of the d e c l a r a t i on of c o n f o r m i ty for a \n\nperiod \n\nending \n\nat \n\nleast \n\nten y e a rs \n\nafter \n\nthe \n\nlast \n\ne q u i p m e nt or p r o t e c t i ve system \n\nhas been m a n u f a c t u r e r d. W h e re \n\nneither \n\nthe m a n u f a c t u r er \n\nnor \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve is e s t a b l i s h ed w i t h in the C o m m u n i t y, the \n\no b l i g a t i on \n\nto \n\nkeep \n\nthe \n\ntechnical \n\nd o c u m e n t a t i on \n\na v a i l a b le shall be the r e s p o n s i b i l i ty of the p e r s on who \n\np l a c es \n\nthe equipment \n\nor \n\np r o t e c t i ve \n\nsystem \n\non \n\nthe \n\nC o m m u n i ty m a r k e t. L_ \n\n\f- 71 -\n\nFor each equipment or protective system \n\nmanufactured \n\nthe protection \n\naspects of the product shall be carried \n\nout by the manufacturer or on his behalf. The tests \n\nshall \n\nbe carried out on the responsibility of a \n\nnotified body, chosen by the manufacturer. On \n\nthe responsibility of \n\nthe notified \n\nbody, \n\nthe \n\nmanufacturer shall affix the former's Identification \n\nsymbol during the manufacturing process. - 72 -\n\nANNEX VI I \n\nM o d u l e: Product quality a s s u r a n ce \n\n1. This \n\nm o d u le \n\nd e s c r i b es \n\nthe \n\np r o c e d u re \n\nw h e r e by \n\nthe \n\nm a n u f a c t u r er who s a t i s f i es the o b l i g a t i o ns of point 2 \n\ne n s u r es and d e c l a r es that the equipment and p r o t e c t i ve \n\ns y s t e ms are in c o n f o r m i ty with the type as d e s c r i b ed In \n\nthe EC t y p e - e x a m i n a t i on c e r t i f i c a t e. The m a n u f a c t u r er \n\nshall affix the CE mark to each product and draw up a \n\nw r i t t en d e c l a r a t i on of c o n f o r m i t y. The CE mark shall be \n\na c c o m p a n i ed \n\nby \n\nthe \n\nIdentification \n\nsymbol \n\nof \n\nthe \n\nnotified body r e s p o n s i b le for - surveI I Ianee as s p e c i f i ed \n\nin poInt 4. 2. The m a n u f a c t u r er \n\nshall o p e r a te an approved \n\nquality \n\nsystem \n\nfor \n\nfinal \n\nequipment \n\nand \n\np r o t e c t i ve \n\nsystem \n\nInspection and testing as s p e c i f i ed tn p a r a g r a ph 3 and \n\nshall be subject to surveI I Iance as s p e c i f i ed in point\u00bb \n\n4. 3. Qua Ilty system \n\n3. 1. The m a n u f a c t u r er shall lodge an a p p l i c a t i on for \n\nassessment \n\nof \n\nhis \n\nquality \n\nsystem \n\nfor \n\nthe \n\nequipment and p r o t e c t i ve s y s t e m s, with a n o t i f i ed \n\nbody of his c h o i c e. The a p p l i c a t i on shall include: \n\nall \n\nrelevant \n\ninformation \n\nfor \n\nthe \n\nproduct \n\ncategory e n v i s a g ed \n\n\f- 73 -\n\nthe quality s y s t e m 's d o c u m e n t a t i on \n\nthe technical d o c u m e n t a t i on of the approved \n\ntype and a copy of the EC t y p e - e x a m an I at Ion \n\ncert IfIcate. 3. 2. Under the quality system, each e q u i p m e nt \n\nand-* \n\np r o t e c t i ve \n\nsystem \n\nshall \n\nbe \n\ne x a m i n ed \n\nand \n\na p p r o p r i a te tests as set out \n\nin the relevant \n\ns t a n d a r d ( s) \n\nreferred \n\nto \n\nIn \n\nA r t i c le \n\n5 \n\nor \n\nequivalent tests shall be carried out in order to \n\ne n s u re \n\nIts \n\nc o n f o r m i ty \n\nwith \n\nthe \n\nrelevant \n\nr e q u i r e m e n ts of the D i r e c t i v e. All the e l e m e n t s, \n\nr e q u i r e m e n ts \n\nand \n\np r o v i s i o ns \n\nadopted \n\nby \n\nthe \n\nm a n u f a c t u r er shall be d o c u m e n t ed in a s y s t e m a t ic \n\nand \n\norderly \n\nmanner \n\nin the -form \n\nof \n\nw r i t t en \n\np o l i c i e s, \n\np r o c e d u r es \n\nand \n\ni n s t r u c t i o n s. This \n\nquality \n\nsystem \n\nd o c u m e n t a t i on \n\nshall \n\ne n s u re \n\na \n\ncommon u n d e r s t a n d i ng of the quality p r o g r a m m e s, \n\np l a n s, m a n u a ls and r e c o r d s. It shall \n\ncontain \n\nin particular \n\nan \n\na d e q u a te \n\ndescr I pt ion of : \n\nthe quality o b j e c t i v es and the o r g a n i z a t i o n al \n\ns t r u c t u r e, r e s p o n s i b i l i t i es and p o w e rs of the \n\nmanagement with regard to product q u a l i t y, \n\nthe \n\ne x a m i n a t i o ns \n\nand \n\ntests \n\nthat \n\nwill \n\nbe \n\ncarried out after m a n u f a c t u re \n\nthe m e a ns to monitor the e f f e c t i ve o p e r a t i on \n\nof the qua I Ity system \n\nquality records,- such as Inspection reports \n\nand test d a t a, c a l i b r a t i on d a t a, q u a l i f i c a t i on \n\nreports of the personnel c o n c e r n e d, e t c. - 74 -\n\n3. 3. T he n o t i f i ed body shall a s s e ss the q u a l i ty s y s t em \n\nto \n\nd e t e r m i ne \n\nw h e t h er \n\nIt \n\ns a t i s f i es \n\nthe \n\nr e q u i r e m e n ts r e f e r r ed to in p o i nt 3. 2. It shall \n\np r e s u me \n\nc o n f o r m i ty \n\nw i th \n\nt h e se \n\nr e q u i r e m e n ts \n\nIn \n\nr e s p e ct of q u a l i ty s y s t e ms that \n\nI m p l e m e nt \n\nthe \n\nr e l e v a nt h a r m o n i z ed s t a n d a r d. T he a u d i t i ng team shall have at least o ne m e m b er \n\ne x p e r i e n c ed \n\nas \n\nan \n\na s s e s s or \n\nIn \n\nthe \n\np r o d u ct \n\nt e c h n o l o gy \n\nc o n c e r n e d. T he a s s e s s m e nt \n\np r o c e d u re \n\nshall \n\ni n c l u de \n\nan \n\na s s e s s m e nt \n\nv i s it \n\nto \n\nthe \n\nm a n u f a c t u r e r 's p r e m i s e s. T he \n\nd e c i s i on \n\nshall \n\nbe \n\nn o t i f i ed \n\nto \n\nthe \n\nm a n u f a c t u r e r. T he not I f I cat Ion sha I I* c o n t a in the \n\nc o n c l u s i o ns of the e x a m i n a t i on and the r e a s o n ed \n\na s s e s s m e nt d e c i s i o n. 3. 4. The m a n u f a c t u r er shall u n d e r t a ke to d i s c h a r ge the \n\no b l i g a t i o ns a r i s i ng from the q u a l i ty s y s t em as \n\na p p r o v ed and to m a i n t a in it In an a p p r o p r i a te and \n\neff I c i ent m a n n e r. The m a n u f a c t u r er or his a u t h o r i z ed r e p r e s e n t a t i ve \n\nshall* k e ep the n o t i f i ed body w h i ch h as a p p r o v ed \n\nthe \n\nq u a l i ty \n\ns y s t em \n\nInformed \n\nof \n\nany \n\nIntended \n\nu p d a t i ng of the q u a l i ty s y s t e m. The \n\nn o t i f i ed \n\nbody \n\nshall \n\ne v a l u a te \n\nthe \n\nm o d i f i c a t i o ns p r o p o s ed \n\nand \n\nd e c i de \n\nw h e t h er \n\nthe \n\nm o d i f i ed q u a l i ty s y s t em will still s a t i s fy \n\nthe \n\nr e q u i r e m e n ts \n\nr e f e r r ed \n\nto in p a r a g r a ph \n\n3. 2. or \n\nw h e t h er a r e - a s s e s s m e nt Is r e q u i r e d. - 75 -\n\nIt shall n o t i fy its d e c i s i on to the m a n u f a c t u r e r. The n o t i f i c a t i on shall c o n t a in the c o n c l u s i o ns of \n\nthe \n\ne x a m i n a t i on \n\nand \n\nthe \n\nr e a s o n ed \n\na s s e s s m e nt \n\ndec I s Ion. 4. S u r v e 11 I ance under the r e s p o ns I b 1 I Ity of the n o t i f i ed \n\nbody \n\n4. 1. The p u r p o se of s u r v e i l l a n ce is to m a ke sure that \n\nthe m a n u f a c t u r er \n\nduly f u l f i ls the \n\no b l i g a t i o ns \n\na r i s i ng out of the a p p r o v ed q u a l i ty s y s t e m. 4. 2. The m a n u f a c t u r er shall a l l ow the n o t i f i ed body \n\ne n t r a n ce for inspection p u r p o s es to the l o c a t i o ns \n\nof \n\ni n s p e c t i o n, testing, and s t o r a ge and \n\nshall \n\np r o v i de \n\nit with all n e c e s s a ry \n\nI n f o r m a t i o n, In \n\npar tIcuIar \n\nthe q u a l i ty system d o c u m e n t a t i on \n\nthe technical d o c u m e n t a t i on \n\nthe \n\nq u a l i ty \n\nr e c o r d s, \n\nsuch \n\nas \n\ni n s p e c t i on \n\nr e p o r ts \n\nand \n\ntest \n\nd a t a, \n\nc a l i b r a t i on \n\nd a t a, \n\nq u a l i f i c a t i on \n\nr e p o r ts \n\nof \n\nthe \n\np e r s o n n el \n\nc o n c e r n e d, e t c. 4. 3. The n o t i f i ed body shall p e r i o d i c a l ly c a r ry out \n\na u d i ts to e n s u re that the m a n u f a c t u r er m a i n t a i ns \n\nand a p p l i es the q u a l i ty system and shall p r o v i de \n\nan audit report to the m a n u f a c t u r e r. - 76 -\n\n4. 4. A d d i t i o n a l l y, \n\nthe \n\nn o t i f i ed \n\nb o dy \n\nm ay \n\npay \n\nu n e x p e c t ed v i s i ts to the m a n u f a c t u r e r. At \n\nthe \n\ntime of such v i s i t s, the n o t i f i ed b o dy m ay c a r ry \n\nout t e s ts or h a ve them c a r r i ed out In o r d er to \n\nc h e ck \n\nthe \n\np r o p er \n\nf u n c t i o n i ng \n\nof \n\nthe \n\nq u a l i ty \n\ns y s t em w h e re n e c e s s a r y; \n\nIt shall \n\np r o v i de tthe \n\nm a n u f a c t u r er w i th a visit report a n d, if a test \n\nhas b e en c a r r i ed o u t, w i th a test r e p o r t. T he m a n u f a c t u r er s h a l l, for a p e r i od e n d i ng at least \n\nten y e a rs after the last e q u i p m e nt or p r o t e c t i ve s y s t em \n\nhas b e en m a n u f a c t u r e d, k e ep at the d i s p o s al of the \n\nn a t i o n al a u t h o r i t i e s: \n\nthe d o c u m e n t a t i on r e f e r r ed to in the t h i rd Indent of \n\npo I nt 3. 1; \n\nthe u p d a t i ng r e f e r r ed to In the s e c o nd p a r a g r a ph of \n\npoint 3. 4; \n\nthe d e c i s i o ns and r e p o r ts from the n o t i f i ed \n\nb o dy \n\nw h i ch are r e f e r r ed to in the final p a r a g r a ph of \n\npoint 3. 4, point 4. 3 and point 4. 4. Each n o t i f i ed body shall f o r w a rd to the o t h er n o t i f i ed \n\nb o d i es the r e l e v a nt i n f o r m a t i on c o n c e r n i ng the q u a l i ty \n\ns y s t em a p p r o v a ls Issued and w i t h d r a w n. - 77 -\n\nA N N EX VI I I \n\nM o d u l e: Internal control of p r o d u c t i on \n\n1. T h is \n\nm o d u le \n\nd e s c r i b es \n\nthe \n\np r o c e d u re \n\nw h e r e by \n\nthe \n\nm a n u f a c t u r er \n\nor \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve \n\ne s t a b l i s h ed w i t h in the C o m m u n i t y, who c a r r i es out the \n\no b l i g a t i o ns laid down in point 2, e n s u r es and d e c l a r es \n\nthat the e q u i p m e nt s a t i s fy the relevant r e q u i r e m e n ts of \n\nthe D i r e c t i v e. The m a n u f a c t u r er shall affix the CE mark \n\nto each e q u i p m e nt \n\nand draw up a w r i t t en d e c l a r a t i on of \n\nc o n f o rm Ity. 2. The \n\nm a n u f a c t u r er \n\nshall \n\ne s t a b l i sh \n\nthe \n\ntechnical \n\nd o c u m e n t a t i on d e s c r i b ed In p a r a g r a ph 3 and he or his \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve \n\ne s t a b l i s h ed \n\nwith \n\nthe \n\nC o m m u n i ty shall keep it for a period ending at least 10 \n\ny e a rs after the last e q u i p m e nt \n\nhas been m a n u f a c t u r ed \n\nat the disposal of the relevant national \n\na u t h o r i t i es \n\nfor inspection p u r p o s e s. W h e re \n\nneither \n\nthe m a n u f a c t u r er \n\nnor \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve Is e s t a b l i s h ed w i t h in the C o m m u n i t y, the \n\no b l i g a t i on \n\nto \n\nkeep \n\nthe \n\ntechnical \n\nd o c u m e n t a t i on \n\na v a i l a b le shall be the r e s p o n s i b i l i ty of the p e r s on who \n\np l a c es the e q u i p m e nt on the C o m m u n i ty m a r k e t. 3. T e c h n i c al d o c u m e n t a t i on shall e n a b le the c o n f o r m i ty of \n\nthe e q u i p m e nt \n\nwith the relevant r e q u i r e m e n ts of the \n\nD i r e c t i ve to be a s s e s s e d. It s h a l l, as far as relevant \n\nfor such a s s e s s m e n t, cover the d e s i g n, m a n u f a c t u re and \n\no p e r a t i on of the p r o d u c t. The m a n u f a c t u r er or his a u t h o r i z ed r e p r e s e n t a t i ve shall \n\nkeep a copy of the d e c l a r a t i on of c o n f o r m i ty with the \n\ntechnical d o c u m e n t a t i o n; \n\n\f- 78 -\n\n5. The m a n u f a c t u r er shall take all m e a s u r es n e c e s s a ry in \n\norder \n\nthat \n\nthe m a n u f a c t u r i ng \n\np r o c e ss \n\nshall \n\ne n s u re \n\nc o m p l i a n ce \n\nof \n\nthe m a n u f a c t u r ed \n\nequipment \n\nwith \n\nthe \n\ntechnical d o c u m e n t a t i on referred to In point 2 and with \n\nthe relevant r e q u i r e m e n ts of the D i r e c t i v e. - 79 -\n\nA N N EX IX \n\nM o d u l e: full q u a l i ty a s s u r a n ce \n\n1. T h is \n\nm o d u le \n\nd e s c r i b es \n\nthe \n\np r o c e d u re \n\nw h e r e by \n\nthe \n\nm a n u f a c t u r er who s a t i s f i es the o b l i g a t i o ns of p a r a g r a ph \n\n2 e n s u r es and d e c l a r es that the e q u i p m e nt \n\nc o n c e r n ed \n\ns a t i s fy the relevant r e q u i r e m e n ts of the d i r e c t i v e. The \n\nm a n u f a c t u r er shall affix the CE mark to each e q u i p m e nt \n\nand d r aw up a w r i t t en d e c l a r a t i on of c o n f o r m i t y. The CE \n\nm a rk shall be a c c o m p a n i ed by the i d e n t i f i c a t i on symbol \n\nof \n\nthe \n\nn o t i f i ed \n\nbody \n\nr e s p o n s i b le \n\nfor \n\nthe \n\nEC \n\ns u r ve i I Iance. 2. T he m a n u f a c t u r er \n\nshall \n\no p e r a te \n\nan a p p r o v ed \n\nq u a l i ty \n\ns y s t em \n\nfor d e s i g n, m a n u f a c t u re \n\nand \n\nfinal \n\ne q u i p m e nt \n\ni n s p e c t i on and testing as s p e c i f i ed in p a r a g r a ph 3 and \n\nshall be s u b j e ct to EC s u r v e i l l a n ce as s p e c i f i ed In \n\np a r a g r a ph 4. 3. Qua I Ity s y s t em \n\n3. 1 \n\nT he \n\nm a n u f a c t u r er \n\nshall \n\nlodge \n\nan \n\na p p l i c a t i on \n\nfor \n\na s s e s s m e nt of his q u a l i ty s y s t em with a n o t i f i ed b o d y. The a p p l i c a t i on shall i n c l u d e: \n\nall r e l e v a nt i n f o r m a t i on for the e q u i p m e nt \n\nc a t e g o ry \n\nenv I saged \n\nthe q u a l i ty s y s t e m 's d o c u m e n t a t i on \n\n3. 2 \n\nT he q u a l i ty \n\ns y s t em \n\nshall \n\ne n s u re \n\nc o m p l i a n ce \n\nof \n\nthe \n\ne q u i p m e nt \n\nwith \n\nthe \n\nrelevant \n\nr e q u i r e m e n ts \n\nof \n\nthe \n\nd i rect i ve. - 80 -\n\nAll the e l e m e n t s, r e q u i r e m e n ts and p r o v i s i o ns a d o p t ed \n\nby the m a n u f a c t u r er shall be d o c u m e n t ed In a s y s t e m a t ic \n\nand o r d e r ly m a n n er In the form of w r i t t en p o l i c i e s, \n\np r o c e d u r es \n\nand \n\nI n s t r u c t i o n s. T h is \n\nq u a l i ty \n\ns y s t em \n\nd o c u m e n t a t i on shall e n s u re a c o m m on u n d e r s t a n d i ng of \n\nthe q u a l i ty p o l i c i es and p r o c e d u r es such as q u a l i ty \n\np r o g r a m m e s, p l a n s, m a n u a ls and r e c o r d s. It shall c o n t a in in p a r t i c u l ar an a d e q u a te d e s c r i p t i on \n\nof \n\nthe \n\nq u a l i ty \n\no b j e c t i v es \n\nand \n\nthe \n\no r g a n i z a t i o n al \n\ns t r u c t u r e, \n\nr e s p o n s i b i l i t i es \n\nand \n\np o w e rs \n\nof \n\nthe \n\nm a n a g e m e nt \n\nw i th \n\nregard \n\nto d e s i gn \n\nand \n\ne q u i p m e nt \n\nqua I Ity, \n\nthe \n\ntechnical \n\nd e s i gn \n\ns p e c i f i c a t i o n s, \n\nI n c l u d i ng \n\ns t a n d a r d s, \n\nthat will \n\nbe a p p l i ed \n\na n d, w h e re \n\nthe \n\ns t a n d a r ds r e f e r r ed \n\nto In a r t i c le 5 will \n\nnot \n\nbe \n\na p p l i ed \n\nIn f u l l, the m e a ns that will be u s ed to \n\ne n s u re \n\nthat \n\nthe \n\ne s s e n t i al \n\nr e q u i r e m e n ts \n\nof \n\nthe \n\nd i r e c t i ve that apply to the e q u i p m e nt will be m e t, \n\nthe \n\nd e s i gn \n\ncontrol \n\nand \n\nd e s i gn \n\nv e r i f i c a t i on \n\nt e c h n i q u e s, p r o c e s s es and s y s t e m a t ic a c t i o ns that \n\nwill be used w h en d e s i g n i ng the e q u i p m e n t, \n\nthe c o r r e s p o n d i ng m a n u f a c t u r i n g, q u a l i ty c o n t r ol and \n\nq u a l i ty \n\na s s u r a n ce \n\nt e c h n i q u e s, \n\np r o c e s s es \n\nand \n\ns y s t e m a t ic a c t i o ns that will be u s e d, \n\nthe e x a m i n a t i o ns and tests that will be c a r r i ed out \n\nb e f o r e, \n\nd u r i n g, \n\nand \n\nafter \n\nm a n u f a c t u r e, \n\nand \n\nthe \n\nf r e q u e n cy with w h i ch they will be c a r r i ed o u t, \n\n\f- 81 -\n\nthe q u a l i ty r e c o r d s, such as I n s p e c t i on r e p o r ts and \n\ntest d a t a, c a l i b r a t i on d a t a, q u a l i f i c a t i on r e p o r ts \n\nof the p e r s o n n el c o n c e r n e d, e t c. , \n\nthe m e a ns to m o n i t or the a c h i e v e m e nt of the r e q u i r ed \n\nd e s i gn \n\nand \n\ne q u i p m e nt \n\nq u a l i ty \n\nand \n\nthe \n\ne f f e c t i ve \n\no p e r a t i on of the q u a l i ty s y s t e m. 3. 3. T he n o t i f i ed body shall a s s e ss the q u a l i ty s y s t em to \n\nd e t e r m i ne \n\nw h e t h er \n\nit \n\ns a t i s f i es \n\nthe \n\nr e q u i r e m e n ts \n\nr e f e r r ed \n\nto \n\nIn \n\np a r a g r a ph \n\n3. 2. It \n\nshall \n\np r e s u me \n\nc o m p l i a n ce \n\nw i th \n\nt h e se \n\nr e q u i r e m e n ts \n\nin \n\nr e s p e ct \n\nof \n\nq u a l i ty s y s t e ms that implement the r e l e v a nt h a r m o n i z ed \n\ns t a n d a r d. T he \n\na u d i t i ng \n\nteam \n\nshall \n\nh a ve \n\nat \n\nleast \n\no ne \n\nm e m b er \n\ne x p e r i e n c ed as an a s s e s s or \n\nIn the p r o d u ct \n\nt e c h n o l o gy \n\nc o n c e r n e d. The e v a l u a t i on p r o c e d u re shall \n\nI n c l u de an \n\na s s e s s m e nt visit to the m a n u f a c t u r e r 's p r e m i s e s. T he d e c i s i on shall be n o t i f i ed to the m a n u f a c t u r er. T he \n\nn o t i f i c a t i on \n\nshall \n\nc o n t a in \n\nthe \n\nc o n c l u s i o ns \n\nof \n\nthfe \n\ne x a m i n a t i on and the r e a s o n ed a s s e s s m e nt d e c i s i o n. \u2022 \n\n3. 4. T he \n\nm a n u f a c t u r er \n\nshall \n\nu n d e r t a ke \n\nto \n\nfulfil \n\nthe \n\no b l i g a t i o ns \n\na r i s i ng \n\nout \n\nof \n\nthe \n\nq u a l i ty \n\ns y s t em \n\nas \n\na p p r o v ed and to u p h o ld It so that it r e m a i ns a d e q u a te \n\nand eff i c I e n t. T he \n\nm a n u f a c t u r er \n\nor \n\nhis \n\na u t h o r i z ed \n\nr e p r e s e n t a t i ve \n\ne s t a b l i s h ed \n\nIn the C o m m u n i ty shall k e ep the n o t i f i ed \n\nbody that has a p p r o v ed the q u a l i ty s y s t em I n f o r m ed of \n\nany i n t e n d ed u p d a t i ng of the q u a l i ty s y s t e m. T he \n\nn o t i f i ed \n\nbody \n\nshall \n\ne v a l u a te \n\nthe \n\nm o d i f i c a t i o ns \n\np r o p o s ed and d e c i de w h e t h er the a m e n d ed q u a l i ty s y s t em \n\nwill \n\nstill \n\ns a t i s fy \n\nthe r e q u i r e m e n ts \n\nr e f e r r ed \n\nto \n\nIn \n\np a r a g r a ph 3. 2. or w h e t h er a r e - a s s e s s m e nt Is r e q u i r e d. - 82 -\n\nIt shall n o t i fy Its d e c i s i on to the m a n u f a c t u r e r. The \n\nn o t i f i c a t i on \n\nshall \n\nc o n t a in \n\nthe \n\nc o n c l u s i o ns \n\nof \n\nthe \n\ne x a m i n a t i on and the r e a s o n ed a s s e s s m e nt d e c i s i o n. EC s u r v eI I Iance \n\n4. 1. The p u r p o se of EC s u r v e i l l a n ce is to m a ke s u re that the \n\nm a n u f a c t u r er duly f u l f i ls the o b l i g a t i o ns a r i s i ng out \n\nof the a p p r o v ed q u a l i ty s y s t e m. 4. 2. The m a n u f a c t u r er shall a l l ow the n o t i f i ed body e n t r a n ce \n\nfor I n s p e c t i on p u r p o s es to the l o c a t i o ns of \n\nd e s i g n, \n\nm a n u f a c t u r e, i n s p e c t i on and t e s t i n g, and s t o r a g e, and \n\nshall p r o v i de \n\nit w i th all n e c e s s a ry \n\ni n f o r m a t i o n, in \n\npar t I c u I ar \n\nthe q u a l i ty s y s t em d o c u m e n t a t i on \n\nthe q u a l i ty r e c o r ds as f o r e s e en by the d e s i gn part \n\nof the q u a l i ty s y s t e m, such as r e s u l ts of a n a l y s e s, \n\nc a l c u l a t i o n s, t e s t s, e t c. the q u a l i ty r e c o r ds as f o r e s e en by the m a n u f a c t u r i ng \n\npart \n\nof \n\nthe q u a l i ty \n\ns y s t e m, \n\nsuch \n\nas \n\ni n s p e c t i on \n\nr e p o r ts \n\nand \n\ntest \n\nd a t a, \n\nc a l i b r a t i on \n\nd a t a, \n\nq u a l i f i c a t i on r e p o r ts of the p e r s o n n el \n\nc o n c e r n e d, \n\ne t c. 4. 3. The n o t i f i ed body shall p e r i o d i c a l ly \n\nc a r ry out a u d i ts \n\nto m a ke \n\nsure \n\nthat \n\nthe \n\nm a n u f a c t u r er \n\nm a i n t a i ns \n\nand \n\na p p l i es the q u a l i ty s y s t em and shall p r o v i de an audit \n\nreport to the m a n u f a c t u r e r. 4. 4. A d d i t i o n a l ly \n\nthe \n\nn o t i f i ed \n\nbody \n\nmay \n\npay \n\nu n e x p e c t ed \n\nv i s i ts to the m a n u f a c t u r e r. D u r i ng such v i s i ts full or \n\nr e d u c ed a u d i ts may be c a r r i ed out by the n o t i f i ed b o d y. The n o t i f i ed body shall p r o v i de a visit r e p o rt a n d, if \n\na p p l i c a b l e, an audit report to the m a n u f a c t u r e r. - 83 \n\n5. T he m a n u f a c t u r er s h a l l, for a p e r i od e n d i ng at least 10 \n\ny e a rs \n\na f t er \n\nthe \n\nlast \n\ne q u i p m e nt \n\nh as \n\nb e en \n\nm a n u f a c t u r e r e d, k e ep at the d i s p o s a\u00bb of the n a t i o n al \n\na u t h or 111 es : \n\n- \n\nthe d o c u m e n t a t i o ns r e f e r r ed to in the s e c o nd indent \n\nof the s e c o nd s u b p a r a g r a ph of point 3. 1 \n\nthe u p d a t I ng refer red to in the s e c o nd s u b p a r a g r a ph \n\nof p o I nt 3. 4 \n\nthe d e c i s i o ns and r e p o r ts from the n o t i f i ed \n\nbody \n\nw h i ch are r e f e r r ed to in the final s u b p a r a g r a ph of \n\np o i nt 3. 4, p o i n ts 4. 3 and 4. 4 \n\n6. Each \n\nn o t i f i ed \n\nbody \n\nshall \n\np u b l i sh \n\np e r i o d i c a l ly \n\nthe \n\nr e l e v a nt \n\nI n f o r m a t i on \n\nc o n c e r n i ng \n\nthe \n\nq u a l i ty \n\ns y s t em \n\na p p r o v a ls issued and w i t h d r a w n. 7. P es Ign e x am I natI on \n\na) \n\nT he \n\nm a n u f a c t u r er \n\nshall \n\nlodge \n\nan \n\na p p l i c a t i on \n\nfor \n\ne x a m i n a t i on of the d e s i gn w i th a s i n g le n o t i f i ed b o d y^ \n\nb) \n\nT he \n\na p p l i c a t i on \n\nsha II e n a b le \n\nu n d e r s t a n d i ng \n\nof \n\nthe \n\nd e s i g n, m a n u f a c t u re and o p e r a t i on of the p r o d u c t, and \n\nshall e n a b le a s s e s s m e nt of c o n f o r m i ty w i th the r e l e v a nt \n\nr e q u i r e m e n ts of the d i r e c t i v e. 11 sha I I I nc I u de \n\nthe \n\nt e c h n i c al \n\nd e s i gn \n\ns p e c i f i c a t i o n s, \n\ni n c l u d i ng \n\ns t a n d a r d s, that h a ve b e en a p p l i e d, \n\nthe \n\nn e c e s s a ry \n\ns u p p o r t i ng \n\ne v i d e n ce \n\nfor \n\ntheir \n\na d e q u a c y, in p a r t i c u l ar w h e re the s t a n d a r ds r e f e r r ed \n\nto In a r t i c le 5 h a ve not b e en a p p l i ed In f u l l. T h is \n\ns u p p o r t i ng \n\ne v i d e n ce shall \n\nInclude the r e s u l ts of \n\nt e s ts c a r r i ed out by the a p p r o p r i a te l a b o r a t o ry of \n\nthe m a n u f a c t u r er or on his b e h a l f. 84 -\n\nc) \n\nThe n o t i f i ed body shall e x a m i ne the a p p l i c a t i on and \n\nw h e re the d e s i gn m e e ts the p r o v i s i o ns of the d i r e c t i ve \n\nthat a p p ly to It shall issue an \n\nEC d e s i gn e x a m i n a t i on \n\nc e r t i f i c a te to the a p p l i c a n t. T he c e r t i f i c a te \n\nshall \n\nc o n t a in the c o n c l u s i o ns of the e x a m i n a t i o n, c o n d i t i o ns \n\nfor Its val Idlty. , the n e c e s s a ry d a ta for I d e n t i f i c a t i o n. of the a p p r o v ed d e s i gn a n d, if r e l e v a n t, a d e s c r i p t i on \n\nof the e q u i p m e n t 's f u n c t i o n i n g. d) \n\nT he a p p l i c a nt shall k e ep the n o t i f i ed b o dy that has \n\nissued the EC d e s i gn e x a m i n a t i on c e r t i f i c a te \n\ni n f o r m ed \n\nof any m o d i f i c a t i on to the a p p r o v ed d e s i g n. M o d i f i c a t i o ns \n\nto \n\nthe \n\na p p r o v ed \n\nd e s i gn \n\nmust \n\nr e c e i ve \n\na d d i t i o n al a p p r o v al from the n o t i f i ed body that issued \n\nthe \n\nEC \n\nd e s i gn \n\ne x a m i n a t i on \n\nc e r t i f i c a te \n\nw h e re \n\nsuch \n\nc h a n g es may affect the c o n f o r m i ty w i th the e s s e n t i al \n\nr e q u i r e m e n ts \n\nof \n\nthe \n\nd i r e c t i ve \n\nor \n\nthe \n\np r e s c r i b ed \n\nc o n d i t i o ns for use of the e q u i p m e n t. T h is a d d i t i o n al \n\na p p r o v al \n\nis g i v en In the form of an a d d i t i on to the \n\no r i g i n al EC d e s i gn e x a m i n a t i on c e r t i f i c a t e. ; \n\ne) \n\nT he not if led b o d i es shall \n\np u b l i sh \n\np e r i o d i c a l ly \n\nthe \n\nr e l e v a nt I n f o r m a t i on c o n c e r n i ng \n\nthe a p p l i c a t i o ns for EC d e s i gn e x a m i n a t i on r e c e i v ed \n\nthe EC d e s i gn e x a m i n a t i on c e r t i f i c a t es and a d d i t i o ns \n\nIssued \n\nthe EC d e s i gn e x a m i n a t i on c e r t i f i c a t es and a d d i t i o ns \n\nr e f u s ed \n\nthe EC d e s i gn e x a m i n a t i on c e r t i f i c a t es and a d d i t i o ns \n\nw I t h d r a wn \n\n\f- 85 -\n\nANNEX X \n\nM o d u l e: EC unit v e r i f i c a t i on \n\n1. T h is \n\nm o d u le \n\nd e s c r i b es \n\nthe \n\np r o c e d u re \n\nw h e r e by \n\nthe \n\nm a n u f a c t u r er e n s u r es and d e c l a r es that the equipment or,: \n\np r o t e c t i ve system, which has been \n\nissued with the \n\nc e r t i f i c a te referred to in point 2, c o n f o r ms to the \n\nrelevant \n\nr e q u i r e m e n ts \n\nof \n\nthe \n\nd i r e c t i v e. The \n\nm a n u f a c t u r er shall affix the CE mark to the equipment \n\nor p r o t e c t i ve system \n\nand draw up a d e c l a r a t i on of \n\nconform Ity. 2. The \n\nn o t i f i ed \n\nbody \n\nshall \n\ne x a m i ne \n\nthe \n\nIndividual \n\ne q u i p m e nt \n\nor p r o t e c t i ve \n\nsystem \n\nand carry \n\nout \n\nthe \n\na p p r o p r i a te \n\ntests \n\nas \n\nset \n\nout \n\nIn \n\nthe \n\nrelevant \n\ns t a n d a r d ( s) referred to in article 5, or equivalent \n\nt e s t s, to ensure \n\nIts c o n f o r m i ty with the \n\nrelevant \n\nr e q u i r e m e n ts of the d i r e c t i v e. The n o t i f i ed body shall \n\na f f i x, or cause to be a f f i x e d, \n\nits \n\nI d e n t i f i c a t i on \n\nsymbol on the approved equipment or p r o t e c t i ve system \n\nand \n\nshall \n\ndraw \n\nup \n\na \n\nc e r t i f i c a te \n\nof \n\nc o n f o r m i ty \n\nc o n c e r n i ng the tests carried o u t. 3. The aim of the technical d o c u m e n t a t i on is to enable \n\nc o n f o r m i ty with the r e q u i r e m e n ts of the d i r e c t i ve to be \n\na s s e s s ed and the d e s i g n, m a n u f a c t u re and o p e r a t i on of \n\nthe equipment or p r o t e c t i ve system \n\nto be u n d e r s t o o d. The d o c u m e n t a t i on shall c o n t a i n: \n\na general d e s c r i p t i on of the product \n\nconceptual \n\ndesign and m a n u f a c t u r i ng d r a w i n gs and \n\ns c h e m es of c o m p o n e n t s, s u b - a s s e m b l i e s, \n\nc i r c u i t s, \n\netc. d e s c r i p t i o ns \n\nand e x p l a n a t i o ns \n\nn e c e s s a ry \n\nfor \n\nthe \n\nu n d e r s t a n d i ng of said d r a w i n gs and s c h e m es and the \n\no p e r a t i on of the equipment or p r o t e c t i ve system. - 86 -\n\na \n\nlist of the s t a n d a r ds r e f e r r ed to in a r t i c le 5, \n\na p p l i ed In full or In p a r t, and d e s c r i p t i o ns of the \n\ns o l u t i o ns a d o p t ed to meet the e s s e n t i al r e q u i r e m e n ts \n\nof the d i r e c t i ve w h e re the s t a n d a r ds r e f e r r ed to In \n\na r t i c le 5 have not b e en a p p l i ed \n\nr e s u l ts of d e s i gn c a l c u l a t i o ns m a d e, e x am I n a t i o ns \n\ncarr I ed out , etc. test r e p o r t s. - 87 -\n\nANNEX XI \n\nConformity marks and additional specific markings \n\n1. EC conformity mark \n\nThe EC conformity shall consist of the letters CE as the \n\nsymbol shows below and the last two figures of the year \n\nIn which the mark was affixed. C\u20ac \n\n2. Additional specific markings \n\nAdditional markings must enable full! Identification of \n\nequipment and protective systems to be made. They must at \n\nleast contain the following: \n\nspecific explosion protection mark \n\ntogether with \n\nthe \n\nmark \n\nIndicating \n\nthe \n\nequipment \n\ngroup, \n\nthe \n\nconformity category thereof and, relating to equipment \n\ngroup \n\n11, the \n\nletter \n\n\"G\" \n\n(concerning \n\nexplosive \n\natmospheres caused by gases, vapours or hazes) and/or \n\n\"D\" (concerning explosive atmospheres caused by dust) \n\nas, for example, shown below; \n\nname \n\nand \n\naddress \n\nof \n\nthe \n\nmanufacturer \n\nor \n\nhis \n\nI dent I fI cat ion mark ; \n\ntype and serial number; \n\nrestricted or other safety-related conditions of use; \n\nI 1 G \n\n\f- 88 \n\nANNEX XI I \n\nMINIMUM C R I T E R IA TO BE TAKEN INTO A C C O U NT BY MEMBER STATES \n\nFOR THE N O T I F I C A T I ON OF BODIES \n\n1. The body, its director and the staff r e s p o n s i b le for \n\ncarrying out the v e r i f i c a t i on tests shall not be the \n\nd e s i g n e r, \n\nm a n u f a c t u r e r, \n\nsupplier \n\nor \n\nInstaller \n\nof \n\nequipment and p r o t e c t i ve systems which they inspect, \n\nnor the a u t h o r i z ed \n\nr e p r e s e n t a t i ve of any of \n\nthese \n\np a r t i e s. They shall not become either involved directly \n\nor \n\nas \n\nauthorized \n\nr e p r e s e n t a t i v es \n\nIn \n\nthe \n\nd e s i g n, \n\nc o n s t r u c t i o n, m a r k e t i ng or m a i n t e n a n ce of e q u i p m e nt and \n\np r o t e c t i ve \n\ns y s t e m s. This \n\ndoes \n\nnot \n\np r e c l u de \n\nthe \n\np o s s i b i l i ty \n\nof \n\ne x c h a n g es \n\nof \n\ntechnical \n\nInformation \n\nbetween the m a n u f a c t u r er and the body. 2. The body and Its staff shall carry out the v e r i f i c a t i on \n\ntests with the highest degree of professional Integrity \n\nand technical c o m p e t e n ce and shall be free from all \n\np r e s s u r es \n\nand \n\nI n d u c e m e n t s, \n\np a r t i c u l a r ly \n\nf i n a n c i a l, \n\nwhich might Influence their Judgement or the r e s u l ts of \n\nthe Inspection, e s p e c i a l ly from persons or g r o u ps of \n\np e r s o ns \n\nwith \n\nan \n\nInterest \n\nIn \n\nthe \n\nresult \n\nof \n\nver i f I cat i o n s. 3. The body shall have at Its disposal the n e c e s s a ry staff \n\nand p o s s e ss the n e c e s s a ry facilities to e n a b le It to \n\nperform properly the a d m i n i s t r a t i ve and technical tasks \n\nconnected with v e r i f i c a t i o n; it shall also have access \n\nto the equipment required for special v e r i f i c a t i o n. - 89 -\n\nThe staff r e s p o n s i b le for Inspection shall h a v e: \n\n- sound technical and professional t r a i n i n g, \n\ns a t i s f a c t o ry k n o w l e d ge of the r e q u i r e m e n ts of the \n\ntests they carry out and a d e q u a te e x p e r i e n ce of such \n\nt e s t s, \n\nthe ability to draw up the c e r t i f i c a t e s, r e c o r ds and \n\nr e p o r ts required to a u t h e n t i c a te the p e r f o r m a n ce of \n\nthe t e s t s. The \n\nImpartiality \n\nof \n\ninspection \n\nstaff \n\nshall \n\nbe \n\ng u a r a n t e e d. Their r e m u n e r a t i on shall not depend on the \n\nnumber of tests carried out or on the r e s u l ts of such \n\nt e s t s. The body shall take out liability insurance u n l e ss Its \n\nliability is assumed by the State In a c c o r d a n ce with \n\nnational law, or the Member State Itself is directly \n\nr e s p o n s i b le for the t e s t s. The staff of the body shall be bound \n\nto o b s e r ve \n\np r o f e s s i o n al secrecy with regard to all \n\ninformation \n\ngained In carrying out Its tasks (except v i s - \u00e0 - v is the \n\ncompetent a d m i n i s t r a t i ve a u t h o r i t i es of the State in \n\nw h i ch \n\nIts a c t i v i t i es \n\nare carried \n\no u t) under \n\nthis \n\nD i r e c t i ve or any p r o v i s i on of national \n\nlaw giving \n\neffect to It. - 90 -\n\nFINANCIAL STATEMENT \n\nSECTION 1: FINANCIAL IMPLICATIONS \n\n1. Title of op\u00e9r\u00e2t Ion \n\nApproximation of the laws of the Member States concerning equipment and \nprotective systems Intended for use In potentially explosive atmospheres. 2. Budget heading Involved \n\nArticle B5-300: completing the Internal market. 3. Legal basis \n\nArticle 100a of the Treaty \nCouncil Resolution of 7 May 1985 concerning a new approach to technical \nharmonization and standardization. 4. Description of operation \n\nThe planned operation consists of contributing to the drafting and prevision \nof harmonized standards which will facilitate the appiIcatIon \u2022 of the \ndirective and Increase the competitiveness of European Industry. 5. Classification of expenditure \n\nDifferentiated appropriation \nNon-compulsory expenditure. 6. Type of expenditure \n\nThe above proposal defines essential safety and health requirements. Article 5 of It refers to harmonized standards. - 91 -\n\nAs with the other \"New Approach\" directives, the Commission plans to assign \nto CEN/CENELEC the task of preparing useful harmonized standards. The \nmandate required for this task falls within the framework contract signed \non 10 October 1985, which provides for financial support from the \nCommission. 7. Financial Impact on appropriations for operations \n\n7. 1 \n\nMethod of calculation \n\n(a) \n\nCENELEC \n\nCENELEC is currently following a policy aimed at decreasing the \nnumber of operations carried out by the Commission and the \nEFTA Secretariat. The amounts invoiced for the preparation of \nCENELEC standards can therefore be considered to be token values \nwhich are 30-40% of the actual costs. On this basis, an Initial \nestimate shows that 30 standards need to be revised (actual costs \nECU 600 000, of which ECU 240 000 has been Invoiced) and 20 new \nstandards will be needed (actual costs ECU 576 000, of which \nECU 128 000 has been Invoiced). The actual cost of the programme \namounts to ECU 1 176 000, of which ECU 368 000 has been invoiced. The Impact on the Commission budget is therefore currently \nestimated to be ECU 368 000. The average price of a CENELEC \nstandard is ECU 7 360. (b) \n\nCEN \n\n- 92 -\n\nThe same policy is not followed by CEN, however. The method of \nfinancing calculated on the basis of experience with existing \nmandates shows that each new standard costs the Commission an \naverage of ECU 50 000. The number of A/B (product families) CEN \nstandards Is provisionally put at 25. However, a safety margin of \nfive additional standards has to be allowed. The total impact of \nthe programme \nis therefore estimated to be 30 standards \nrepresenting expenditure of ECU 1. 5 million. (c) \n\n7. 2 \n\n1992 \n1993 \n1994 \n1995 \n\nhas been made \n\nin collaboration with \n\nThe total number of (CEN + CENELEC) standards is 80. The overall \nexpenditure can be estimated to be a maximum of ECU 1 868 000. This estimate \nthe \nstandardization bodies. The technical structures In the electrical \nfield have been in place for a number of years, which means that \nundoubtedly more unreliable data can be obtained. This is not \nalways the case with non-electrical standardization most of which, \nalthough some work Is in progress, in particular supported by the \n\"machinery\" mandate, Is still unchartered territory due to lack of \nexperience and In particular of technical forums in which the \nexperts are able to cooperate. The CEN amounts should be \nlight \nconsidered \nThe amount is to be spread over four years. this. the \n\nin \n\nof \n\nSchedule \nappropriations (PA) (Article B5-300 \n\ncommitment \n\nof \n\nappropriations \n\n(CA) \n\nand \n\npayment \n\nCA \n\nPA \n\n1 868 000 \n\n198 000 \n\n678 000 \n744 000 \n248 000 \n\nTOTAL \n\n1 868 000 \n\n1 868 000 \n\n\f- 93 -\n\nSECTION 2: ADMINISTRATIVE EXPENDITURE \n\nThe proposal for a directive replaces and extends the existing directives. The incorporation of non-electrical equipment and mining equipment, which \nIs currently dealt with by DG V/E-4 (Secretariat of the Safety and Health \nCommission for the Mining and Other Extractive Industries, will create a \nneed for one additional A-1 eve I official to be appointed either by way of \ninternal mutation, or by the Commission within the framework of the \nallocation of resources. He will be responsible for ensuring the \napplication of the directive, providing technical liaison between the \nCommission and standardization and matters of interpretation of the \nessential requirements and monitoring the work of DG V concerning the \nArticle 118a directive. He will also attend the meetings of the Safety and \nHealth Commission. - 94 -\n\nSECTION 3: ELEMENTS OF COST-EFFECTIVE ANALYSIS \n\nThe aim of the proposed operation Is fui I harmonization of the ATEX \n(electrical) sector In accordance with the statement entered In the minutes \nof the meeting of which optional Directive 79/196/EEC was adopted. It is \ntherefore an obligation for which no alternative has been considered. The \nextension to Include other equipment meets technical safety requirements \nand is in keeping with the Council Resolution of 7 May 1985 to avoid a \nlarge number of specific directives. It can be noted that about 20 standards have already been produced for the \nelectrical field, many of which are Included In the technical annexes to \nDirective 79/196/EEC, 82/130/EEC and 90/487/EEC. A simple revision of \nthese standards and the inclusion of any specific measures to meet new \nessential safety requirements may suffice in many cases. In addition, a \nlarge number of I EC publications (In particular the 79 series) have \nappeared since work began In 1948. These will continue to provide a firm \nbasis for European standardization activities. Furthermore, the work of WG 16 of CEN/TC 114 (Fire and Explosions) which \nwas set up under the mandate of Directive 89/392/EEC (machinery), has to be \ntaken Into account for the non-electrleal field. The standards produced by. the committee concerned will apply almost directly to the ATEX Directive. The above considerations will reduce the number of new standards needed \nand, therefore, the Impact on the Commission budget. v \n\nThe figures given are approximate only. - 95 -\n\nIMPACT ASSESSMENT SHEET \n\nIMPACT OF THE PROPOSAL ON UNDERTAKINGS AND, \nIN PARTICULAR, ON SMALL AND MEDIUM-SIZED UNDERTAKINGS (SMUs) \n\n1. Principal grounds for the proposal \n\nThis proposal for a directive is aimed at the full harmonization of \nequipment and protective systems Intended for use In potentially explosive \nby \natmospheres. It \nDirective 76/117/EEC, 79/196/EEC, 90/487/EEC and 82/130/EEC, which will be \nmade complete and provides for a widening to Include equipment and \nprotective systems not covered by Community legislation. Introduced \n\noptional \n\nIncludes \n\nsystem \n\nthe \n\n2. Impact on undertakings \n\n2a \n\nCharacteristics of the undertakings concerned \n\nThere are a considerable number of SMUs in the field of equipment for use \nIn potentially explosive atmospheres. The high level of specialization In \nthis field has enabled relatively small undertakings to coexist with the \nspecific production lines of the major equipment manufacturers. The main \nmanufactures are in France, Germany and the UK, and users are to be found \nin all countries with an industrial (chemicals, oil) and mining sector. Production of such equipment Is tending to decline following pit closures. Greater and continuously Increasing interest Is now being shown in surface \nequipment, however. As a result of restructuring in the sector concerned \nand gearing it towards Industrial applications, European equipment has an \nexcellent reputation and can only benefit from a larger market, not only \nwithin the Community but also in the EFTA countries and as regards exports \nto North America and other countries concerned with the exploitation of \nmineral resources. Are there concentrations In regions eligible for regional aid from the \nMember States? No \n\nAre there concentrations In regions eligible under the ERDF? No \n\n\f- 96 -\n\nHowever, It should be stated that subsidies have made It possible to \nmaintain certain mining activities and therefore to safeguard local \nIndustries which supply group I equipment. 3. The obligations on undertakings \n\nThe existing optional directives guaranteed free movement of some \nelectrical equipment within the Community. Companies were not unaware of \nthis commercial advantage, which was symbolized by the affixing of the \nhighly estimated Commun!ty mark epsilon-. The general possibility of \nfree movement for the bulk of equipment and systems produced for use in \npotentially explosive atmospheres must be regarded as an additional asset. It was found during the (modest) extension of the existing directives that \nall of the parties concerned approved and that national legislation or \nstandardization were systematically abandoned. Since European standardization exists, the need for conformity with \ndifferent national provisions and the inherent costs disappear. The \napparently new obligations contained In the new directive will ultimately \nonly replace those existing at the national level and will help to reduce \nthe diversity of existing regulations. 4. What are the foreseeable effects \n\non employment? \n\nThe effects on employment will tend to be Indirect. The fact Is -\nand this has been confirmed by experience In the electrical field -\nthat the production of high-quality equipment is an important asset \nwhich extends even beyond the Community's frontiers. The effect on \nemployment, taking account of the high level of specialization of \nthe SMUs working In the field, may therefore be beneficial. on \n\nthe \n\ncompet it Iveness \n\nof \n\nundertakings? \n\nThe reduction in the number of certificates to be obtained for the \nsame Item of equipment and the associated savings, In particular \nfor non-electrical equipment, as a result of not having to repeat \nIncrease \ntests will put a limit on the total price and \ncompetitiveness while guaranteeing equivalent quality. - 97 -\n\n5. Will there be special measures for SMUs? \n\nNo. However, the directive does provide for the checking of Individual \nunits to certify conformity, which may be a satisfactory solution for \nspecial equipment made In limited numbers for part leu Iar app11 cat ions. 6. Have the two sides of Industry been consulted? \n\nThe proposed directive has been discussed with experts from the industrial \nfederations (ORGALIME, ECCMF, FITMT) and European standardization In which \nall of the Interests concerned are represented. Furthermore, the Mines \nSafety and Health Commission and the Advisory Committee on Safety, Hygiene \nand Health Protection at Work have been fully consulted. consensus \n\ndiscussions. Electrotechnlcal \nA broad \nstandardization \nIts \nnon-electrical partner (CEN) Is at the moment preparing a generic standard \nin Its field under the mandate of the \"machinery\" directive. from \nemerged \n(CENELEC) has a \n\nthe \nlarge number \n\nstandards, \n\nof \n\nIt Is only structures which from the beginning have been completely divided \nInto electrical and mechanical sections (industrial federations, some \nadministrations) which find some difficulty In accepting the generalizing \napproach of the proposal. However, the committees which Include the workers' trades unions approve of \nthis approach for safety reasons. ISSN 0254-1475 \n\nCOM(91) 516 final \n\nDOCUMENTS \n\nEN \n\n04 06 \n\nCatalogue number : CB-CO-91-591-EN-C \n\nISBN 92-77-78935-2 \n\nOffice for Official Publications of the Europeaa Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/cc8b7e06-0c59-4f4c-af28-4fa3ce190926", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the draft Commission regulation laying down detailed rules for the implementation of certain provisions of the Financial Regulation of 21 December 1977", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Budgetary Control,European Parliament", "date": "1991-12-13", "subjects": "accountant,financial control,financial regulation,general budget (EU),management audit", "workIds": "celex:51991AP0313", "eurovoc_concepts": ["accountant", "financial control", "financial regulation", "general budget (EU)", "management audit"], "url": "http://publications.europa.eu/resource/cellar/cc8b7e06-0c59-4f4c-af28-4fa3ce190926", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f368e215-fbcf-421b-a0d7-58feced30a02", "title": "Commission Regulation (EEC) No 3635/91 of 13 December 1991 amending Regulation (EEC) No 643/86 laying down detailed rules for the application of the supplementary trade mechanism to the live plants and floriculture products listed in Annex XXII to the Act of Accession and imported into Portugal concerning the target ceilings for the year 1992", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "Portugal,supplementary trade mechanism", "workIds": "celex:31991R3635,oj:JOL_1991_344_R_0047_054", "eurovoc_concepts": ["Portugal", "supplementary trade mechanism"], "url": "http://publications.europa.eu/resource/cellar/f368e215-fbcf-421b-a0d7-58feced30a02", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3fbf88d8-69e8-4901-b154-26776a2462ef", "title": "Terminologi over social Sikring.,Terminologia della sicurezza sociale.,Terminologie de la s\u00e9curit\u00e9 sociale.,Terminologie der sozialen Sicherheit.,Terminologie van de sociale zekerheid.,Terminology of social security.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament", "date": "1991-12-13", "subjects": "social security,terminology", "workIds": "PUB_AX7437760", "eurovoc_concepts": ["social security", "terminology"], "url": "http://publications.europa.eu/resource/cellar/3fbf88d8-69e8-4901-b154-26776a2462ef", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a3bf6172-b4e6-478b-82f4-bef13367c8c8", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council regulation on an export earnings stabilization system for least-developed countries in Asia and Latin America (ALA)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Development,European Parliament", "date": "1991-12-13", "subjects": "Asia,Latin America,export revenue,least-developed country", "workIds": "celex:51991AP0305", "eurovoc_concepts": ["Asia", "Latin America", "export revenue", "least-developed country"], "url": "http://publications.europa.eu/resource/cellar/a3bf6172-b4e6-478b-82f4-bef13367c8c8", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6efbb8a7-e65f-4a03-9227-9f563a9784af", "title": "Proposal for a COUNCIL REGULATION ( EEC ) establishing an integrated administration and control system for certain Community aid schemes", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "EU aid,aid system,aid to agriculture,animal production,area of holding,management information system", "workIds": "celex:51991PC0533,comnat:COM_1991_0533_FIN,oj:JOC_1992_009_R_0004_01", "eurovoc_concepts": ["EU aid", "aid system", "aid to agriculture", "animal production", "area of holding", "management information system"], "url": "http://publications.europa.eu/resource/cellar/6efbb8a7-e65f-4a03-9227-9f563a9784af", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0WC91) $33 final \n\n\u2022ruaaais, 13 Daoambar 1 M1 \n\ng,,v \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\neatabliahinf an integrated adainiatratioa and control aytt \nfor certain CLI\u2014unity aid achaawa \n\n(presented by the Commission) \n\n\fz \n\nEXPLANATORY MEMORANDUM \n\nAs part of the reform of the common agricultural policy, it is proposed \nto Introduce a system of compensatory aid linked directly or indirectly \nto the cultivated area or the number of animals kept by each farmer. Experience with the administration and monitoring of aid of this type has \nshown that, unless a totally new approach is adopted, which takes account \nin particular the new techniques which exist in the market, that such aid \nengenders would be extremely burdensome for the Member States. In this \ncontext, account must also be taken of the cost of administrative \nverification and on-the-spot checks, In view of the large number of \nbeneficiaries, the uses to which the cultivated areas can be put and the \nvariety and number of animals; for the reasons given above, the danger of \nfraud is also great. Article 8 of Council Regulation (EEC) NO 729/70 of 21 April 1970 on the \nfinancing of the common agricultural policy, stipuites that Member States \nare to take the measures necessary to satisfy themselves that \ntransactions financed by the European Agricultural Guidance and Guarantee \nFund are actually carried out and are executed correctly and to prevent \nand deal with irregularities (Article 23 of Council Regulation (EEC) No \n4253. 88 stipulates the same as regards the EAGGF Guidance Section. ) \nHowever, the Commission considers it necessary, particularly in the \ncontext of the reform of the common agricultural policy, to propose a \ncommon framework for the establishment of an Integrated administration \nand control system In all the Member States before 1 January 1993. This system, which covers all the compensatory aid provided for In the \nproposal for the reform of the common agricultural policy, Includes in \nparticular the creation of a computerized data base listing holdings, \nwith the eligible parcels and animals on each. This requires a numerical \nIdentification system for parcels and animals. Provision is made for \nannual statements for the purpose of checking the producers, parcels and \nanimals concerned. These statements are supplemented by more specific aid \napplications required for the grant of the aid. All these elements should \nmake it possible to develop a harmonized system of control of all the \nmeasures included in the system. The Implementation of an integrated administration and control system for \nthe aid may represent a high additional budgetary burden for the Member \nStates. Consequently, provision should be made for community \npart-financing. The percentages given in the draft Regulation are \ncalculated on the basis of an overall amount of ECU 100 million taken \nInto account the number of farms (50%), livestock numbers (25%) and the \nagricultural area (25%)* \n\nAlthough the \n\nCommission considers that the Community contribution should be at least \nof the order of ECU 100 million, compliance with budgetary discipline \nmeans that this cannot be mentioned in the proposed Regulation. 3 \n\nProposal for a \n\nCouncil Regulation (EEC) N\u00b0 \n\n/91 \n\nof \nestablishing an integrated administration and control sytem \nfor certain Community aid schemes \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES \n\nHaving regard to the Treaty establishing the European Economic Community, \nand in particular Article 43 thereof, \n\nHaving regard to the proposal from the Commission (1), \n\nHaving regard to the opinion of the European Parliament (2), \n\nWhereas, pursuant to Article 8 of Council Regulation (EEC) No 729/70 of \n21 April 1970 on the financing of the common agricultural policy (3), as \nlast amended by Regulation (EEC) No 2048/88 (4), Member States must take \nthe measures necessary to satisfy themselves that transactions financed \nby the European Agricultural Guidance and Guarantee Fund (EAGGF) are \nactually carried out and are executed correctly, and prevent and deal \nwith irregularities; whereas Article 23 of Council Regulation (EEC) \nNo 4253/88 of 19th December 1988 laying down provisions for implementing \nRegulation (EEC) No 2052/88 as regards coordination of the activities of \nthe different structural Funds between themselves and with the operations \nof the European Investment Bank and the other existing financial \ninstruments (5) provides for the same obligation with regard to the \nagricultural structures policy; \n\nWhereas up to now the various aid schemes have been administered and \ncontrolled by the Member States under separate rules for each scheme, as \na result of their heterogeneous structure; whereas, however, in \nrealigning the existing market measures a part of the reform of the \ncommon agricultural policy, the Community is opting, to a large extent, \nin both the crop and livestock sectors, for direct aid to producers; \n\nWhereas, in order to adapt the administration and control mechanisms to \nthe new situation and improve their effectiveness and usefulness, it is \nnecessary to set up a new integrated administration and control system \ncovering the aid schemes for arable crops, beef and veal, sheepmeat, \ngoatmeat and milk and milk products, as well as specific measurees for \nfarming in mountain, hill and certain less-favoured areas; whereas \nprovision should be made for the possibility of including, at a later \ndate, other aid schemes linked to cultivated area; \n\n1 OJ No L \n2 OJ No L \n3 OJ No L 94, 28. 4. 1970, p. 13. 4 OJ No L 185, 15. 7. 1988, p. 1. 5 OJ No L 374, 31. 12. 1988, p. 1 \n\n\fWhereas, the various components of the integrated system will potentially \nresult in more effective administration and control in the case of \nCommunity schemes not covered by this Regulation; whereas the Member \nStates should therefore be authorized to avail themselves of the system \non condition they do not in any way act in opposition to the provision \nconcerned; \n\nWhereas, given the complexity of such a system and the large number of \naid applications to be processed, it is essential to use the appropriate \ntechnical resources and administration and control methods; whereas as a \nresult, the integrated system should comprise, in each Member State, a \ncomputerized data base, a numerical identification system for \nagricultural parcels, annual statements by farmers, a harmonized control \nsystem and, in the livestock sector, a system for the identification and \nrecording of animals; \n\nWhereas the administration of the data collected and their use for the \nverification of aid applications make it necessary to set up high-\nperformance computerized data bases allowing cross-checks in particular \nto be made; \n\nWhereas the identification of agricultural parcels is a key element in \nthe correct application of schemes linked to surface area; whereas \nexperience has shown that the existing methods have certain deficiencies; \nwhereas, therefore, provision should be made for a numerical \nidentification system set up initially, where necessary, with the aid of \nremote sensing; \n\nWhereas, in order to establish a general control programme for the entire \ncalendar year, 'it is essential for information relating to the location \nand foreseeable utilization of agricultural areas to be made available to \nthe competent authorities as early in the year as possible; whereas, in \nview of the dates for the lodging of aid applications, this objective \nwould not be achieved by using the applications alone; whereas, against \nthis background, provision should be made for the introduction of an \nannual statement made by farmers providing the information necessary for \nthis purpose; whereas provision should be made for the receipt of aid to \nbe made conditional upon submission of an annual statement; \n\nWhereas, in the livestock sector, effective control requires that animals \nbe identified and recorded; whereas, to this end, Council Regulation \n(EEC) NO. /91 on the identification and recording of animals lays down \nspecific provisions in this respect; whereas recourse should therefore be \nhad to that Regulation; \n\n\fvT \n\nWhereas the rules governing aid applications continue to be subject to \nthe provisions of each sector; whereas, however, for the sake of \nsimplification, Member States should be authorized to make provision for \nthe submission of one single application for several aid schemes; \n\nWhereas one of the main advantages of the new system is the introduction \nof a harmonized control system in each Member State avoiding any \nduplication of sectoral checks of the same type; whereas, as a result, \nthe total number of checks can be reduced considerably; whereas aid \napplications submitted must be subjected to a thorough administrative \ncheck carried out with the aid of computerized data bases; whereas, up to \nnow, administrative checks have been supplemented systematically by \nchecks on the spot; whereas, to a large extent, on-the-spot checks on \nareas may be replaced by remote sensing; \n\nWhereas the expenditure involved in introducing the integrated system may \nrepresent a high additional budgetary burden for Member States; whereas, \nconsequently, provision should be made for part-financing for a certain \nperiod; whereas the diversity of existing production structures in the \nMember States must be taken into account; whereas, as a result, provision \nshould be made for sharing out the financial contribution in a way which \ntakes into account in particular the number of agricultural holdings, \nlivestock numbers and the agricultural area in the Member States, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nEach Member State shall set up before 1 January 1993 an \nintegrated administration and control system applying to : \n\n(a) in the crop sector : \n\nthe aid scheme for certain large-scale crop \nproducers established by Regulation (EEC) \nNO. /91 and \n\n(b) in the livestock sector : \n\n/91 \n\nthe special premium for beef producers and the \npremium for maintaining suckler cows introduced \nby Regulation (EEC) NO 805/68, \nthe dairy-cow premium introduced by regulation \n(EEC) NO \nthe premium for sheepmeat producers introduced \nby Regulation (EEC) NO 3013/91, \nthe specific measures for farming in mountain, \nhill and certain less-favoured areas introduced \nby Regulation (EEC) NO 2328/91 concerning \ncompensatory allowances for cattle, sheep, goats \nand equidae, hereinafter called \"Community \nschemes\". c \n\n2. The Commission may, in accordance with the procedure laid down in \nArticle 13 of Regulation (EEC) NO 729/70, provide that the integrated \nsystem shall apply to other aid schemes. 3. For the purposes of applying Community aid schemes not covered by this \nRegulation and not with standing the specific provisions specified under \nsuch schemes, notably with regard to the terms under which aid may the \ngranted, the Member States may incorporate in their administration and \ncontrol mechanisms one or more of the administrative, technical or data-\nprocessing components of the integrated system. Before availing themselves of this possibility, the Member States shall \ninform the Commission in good time of their intention. The Commission shall ensure that such action by the Member States does \nnot prejudice compliance with the provisions of the sectoral Regulations \nor of this Regulation. The integrated system shall comprise the following elements : \n\nArticle 2 \n\n(a) \n(b) \n\n(c) \n\n(d) \n(e) \n(f) \n\na computerized data base; \na numerical identification system for agricultural \nparcels; \na numerical system for the identification and recording \nof animals; \nan annual statement; \nthe aid applications; \na harmonized control system. Article 3 \n\nThe computerized data base shall record, within a time limit to \nbe fixed and for each agricultural holding, the information \ngiven in the annual statement and the data obtained from aid \napplications submitted under a Community scheme. This data base \nmust in particular make it possible for the bodies responsible \nfor checking to have real-time access to the data relating to at \nleast three consecutive calendar years and three consecutive \nmarketing years. The Commission may authorize Member States to set up \ndecentralized data bases on condition that these, and the \nadministrative procedures for the recording of and access to \ndata, are designed homogeneously throughout the territory of the \nMember state and that they are compatible with one another. Article 4 \n\nThe numerical identification system for agricultural parcels shall be \nestablished on the basis of land register maps or other cartographic \nreference or aerial photographs or satellite pictures. \\ \n\nArticle 5 \n\nThe system for the identification and recording of animals shall \ninclude : \n\n- \n\nidentification by means of marking of animals eligible for aid \ngoverned by this Regulation and \nthe keeping of a permanent record by each farmer, in which the \nidentification of each animal is entered and, where applicable, \nall other necessary information. Subject to specific provisions, this system shall be established in \naccordance with Regulation (EEC) N\u00b0. /91. Article 6 \n\n1. In order to be eligible under a Community scheme governed by \nthis Regulation, each farmer shall submit, for each calendar \nyear and by a date to be fixed, an annual statement indicating : \n\nthe utilized agricultural areas, including areas under \nforage crops, broken down by agricultural parcel and the \nuse to which he plans to put them during the year; \n\n- \n\nthe agricultural parcels covered by a set-aside measure \nfor arable land and those laid fallow; \n\nthe number and species of animal for which he intends to \napply for aid under a Community scheme, and \n\n- \n\nwhere applicable, any other necessary information. For each of the agricultural parcels declared, farmers shall \nindicate the area in hectares and in acres and its location by \nreference to the identification number allocated to it in the \nnumerical system for identification of agricultural parcels. Agricultural parcels not indicated in the annual statement shall \nnot be considered for the grant of a financial benefit under a \nCommunity scheme. Statements may be corrected before a date to \nbe fixed. Farmers applying only for aid under a scheme not directly linked \nto agricultural area may be exempted from the requirement to \nsubmit an annual statement. 2. 3. 4. Article 7 \n\nIn order to be eligible under a Community scheme, each farmer shall \npresent an aid application to the competent authority by a date or during \ncertain periods to be laid down. -? \n\nWhere aid applications must be accompanied by additional documents, the \nlatter shall be considered to be part of the application. Member States may adopt provisions allowing a single application to cover \nseveral Community schemes. Article 8 \n\nThe harmonized system shall cover all aid applications submitted, in \nparticular as regards administrative checks, on-the-spot checks and \nverification by aerial or satellite remote sensing. Article 9 \n\n1. 2. 3. 4. Member states shall carry out administrative checks to verify \nthe accuracy and truthfulness of aid applications. Administrative checks shall be complemented by on-the-spot \nchecks covering a sample of agricultural holdings. For all \nthese checks, Member States shall draw up a sampling plan on the \nbasis of the annual statements. Each Member State shall designate an authority responsible for \ncoordinating and monitoring the checks for each of the sectors \nconcerned. National authorities may, under conditions to be laid down, use \nremote sensing to determine the area of agricultural parcels, \nidentify crops and verify their status. They may delegate part \nof this work to specialized agencies and/or firms on condition \nthat they retain control over and responsibility for the work \ncarried out. Member States shall take the necessary measures to ensure the protection \nof the data collected. Article 10 \n\nArticle 11 \n\nThe Community shall contribute to the expenditure incurred by \nMember States pursuant to this Regulation for the introduction \nof the computerized and checking structures and for the \nacquisition of aerial photographs or satellite pictures and \nanalysis thereof. Expenditure on the updating of land register \nmaps and geographical maps shall not be part-financed by the \nCommunity. 3 \n\n2. The financial contribution shall be granted for a period of \\ \nthree years from 1 January 1992 within the limits of the \nappropriations allocated for this purpose. The total amount shall be shared between the Member States as \nfollows : \n\nBelgium \nDenmark \nGermany \nGreece \nSpain \nFrance \nIreland \nItaly \nLuxembourg \nNetherlands \nPortugal \nUnited Kingdom \n\n2. 3 % \n2. 4 % \n10. 1 % \n8. 7 % \n18. 1 % \n14. 6 % \n4. 5 % \n20. 1 % \n0. 6 % \n3. 0 % \n5. 7 % \n9. 9 % \n\nThe Community's financial contribution shall not be greater than 50 % of \nthe payments made by the Member States concerned in respect of the budget \nyear and relating to the eligible expenditure within the meaning of \nparagraph 1. Article 12 \n\nCommission shall be informed at regular intervals of the \nprogress of work on the implementation of the integrated system. Commission agents may carry out checks, in particular at the \nspecialized agencies and firms referred to in Article 9(4), on \nall the measures taken to implement this Regulation and on the \neligibility of the expenditure declared for Community part-\nfinancing. Where necessary, the Commission shall take the measures needed \nto ensure that the integrated system is implemented in \naccordance with this regulation. Notwithstanding the responsibilities of the Member States for \nthe proper implementation and application of the integrated \nsystem, the Commission may, in order to facilitate the \nestablishment, monitoring and utilization of checks by remote \nsensing, in particular with a view to providing the competent \nauthorities of the Member States with technical advice, seek the \nassistance of specialized bodies or persons. 1 o \n\nArticle 13 \n\n1. The Commission shall adopt detailed rules for the application of \nthis Regulation in accordance with the procedure laid down in \nArticle 13 of Regulation (EEC) N\u00b0 729/70. These detailed rules \nshall cover in particular : \n\n(a) \n\n(b) \n\n(c) \n\n(d) \n\n(e) \n\n(f) \n\n(g) \n\n(h) \n\n(i) \n\n(j) \n\n(k) \n\nthe necessary adjustments in the event that the scope of \nthe integrated system is extended; \nthe creation of computerized data bases, their updating, \ncomputerized checks and access to recorded data; \nthe creation of the numerical identification system for \nagricultural parcels; \nthe dates laid down for the lodging of the annual \nstatement, for any amendments thereto and exemption from \nthe requirement to submit an annual statement; \nthe minimum amount of information to be included in the \nannual statements and aid applications; \nthe administrative and on-the-spot checks and the checks \nby remote sensing; \nthe definition of the terms farmer, agricultural \nholding, utilized agricultural area and agricultural \nparcel; \nthe establishment of an advance payment scheme in the \nframework of Community part-financing; \nthe protection of data collected and used in the \nintegrated system; \nmeasures necessary to ensure the proper implementation \nof the integrated system; \ntransitional provisions for the start-up period of the \nsystem. Article 14 \n\nThis Regulation shall enter into force on the seventh day following its \npublication in the Official Journal of the European Communities. This regulation shall be binding in its entirety and directly applicable \nin all Member States. Done at Brussels, \n\nFor the Council, \n\n\fFINANCIAL STATEMENT \n\nA A \n\nDATE: \n\n1. BUDGET HEADING: \n\nARTICLE B1-360 \n\nAPPROPRIATIONS: 15 MIO ECU \n\n2. TITLE: PROPOSED COUNCIL REGULATION FOR ESTABLISHING AN INTEGRAL SYSTEM FOR THE \n\nMANAGEMENT AND CONTROL RELATING TO CERTAIN AID SCHEMES. 3. LEGAL BASIS: \n\nARTICLE 43 OF THE EEC TREATY. 4. AIMS OF PROJECT: \n\nFINANCIAL PARTICIPATION BY THE COMMUNITY IN THE EXPENSES INCURRED IN CERTAIN TYPES \nOF CONTROL BY MEMBER STATES WITHIN THE FRAMEWORK OF THE REFORM OF THE CAP. TECHNICAL SUPPORT PARTICULARILY IN THE FRAMEWORK OF EFFECTING CONTROL BY TELEDETECTION \nBY THE MEMBER STATES AUTHORITIES BY-ORGANISATIONS OR PERSONS ACTING FOR THE COMMISSIOII \n\n5. FINANCIAL IMPLICATIONS \n\n5. 0 EXPENDITURE \n\n- CHARGED TO THE EEC BUDGET \n(REFUNDS/INTERVENTIONS) \n- NATIONAL ADMINISTRATION \n- OTHER \n\n5. 1 RECEIPTS \n\n- OWN RESSOURCES OF THE EEC \n(LEVIES/CUSTOMS DUTIES) \n\n- NATIONAL \n\n5. 0. 1 ESTIMATED EXPENDITURE \n5. 1. 1 ESTIMATED RECEIPTS \n\n5. 2 METHOD OF CALCULATION: \n\nPERIOD OF \n12 MONTHS \nMio ECU \n\nCURRENT FINAN \nCIAL YEAR (91) \nMio ECU \n\nFOLLOWING FINAN \nCIAL YEAR (92) \nMio ECU \n\n15 \n\n1993 \n\n5\u00a9 \n\n1994 \nSo \n\n1995 \n\n1996 \n\nTHE MAXIMUM AMOUNT AUTHORISED BY THE EAGGF GUARANTEE FUND , DIVIDED BETWEEN THE DIFFERJEN \nPHASES OF INTRODUCTION OF THE SYSTEM. 6. 0 CAN THE PROJECT BE FINANCED FROM APPROBIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE \n\nCURRENT BUDGET? \n\n6. 1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT \n\nBUDGET? \n\n6. 2 IS A SUPPLEMENTARY BUDGET NECESSARY? \n\n6. 3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? \n\nOBSERVATIONS: \n\n(1) ESTIMATED EXPENDITURE : 5 EXPERTS AT 100 000 ECU X 3 YEARS = 1. 5 MIO ECU \nTHIS EXPENDITURE IS INCLUDED IN POINTS 5. 0 AND 5. 0. 1. BELOW. (2) THIS EXPENDITURE IS COVERED BY THE CREDITS WRITTEN IN CHAPTERS 30 TO 40. YES/Mb \n\nYES>N> \n\nIHJVNO \n\nYES J\u00ca\u00cb\u00cb \n\n\f\f4-e, \n\nISSN 0254-1475 \n\nCOM(91) 533 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-581. -EN-C \n\nISBN 92-77-78773-2 \n\nOff\u00eece for Official Publications nfthe Btropcan Oommuuilics \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/71d4c32a-029b-4737-9e49-5f05b76f5865", "title": "92/39/EEC: Commission Decision of 13 December 1991 prescribing certain provisions of implementation for the Council Decision of 20 June 1991 on the adoption of a programme of Community action for the vocational training of customs officials undergoing initial training (the Matthaeus programme)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "action programme,civil servant,customs,single market,vocational training", "workIds": "celex:31992D0039,oj:JOL_1992_016_R_0014_024", "eurovoc_concepts": ["action programme", "civil servant", "customs", "single market", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/71d4c32a-029b-4737-9e49-5f05b76f5865", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f9203ef7-27c4-43fd-8017-466ed92d3a66", "title": "Commission Regulation (EEC) No 3631/91 of 13 December 1991 fixing the quotas for 1992 applying to imports into Spain of milk and milk products from third countries", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "Spain,milk,milk product,quantitative restriction", "workIds": "celex:31991R3631,oj:JOL_1991_344_R_0041_050", "eurovoc_concepts": ["Spain", "milk", "milk product", "quantitative restriction"], "url": "http://publications.europa.eu/resource/cellar/f9203ef7-27c4-43fd-8017-466ed92d3a66", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2673c85b-c738-4c9d-9a16-fa655cd45683", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council directive amending Directives 81/602/EEC and 88/146/ EEC as regards the prohibition of certain substances having a hormonal action and any substance having a thyrostatic action", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on the Environment, Public Health and Food Safety,European Parliament", "date": "1991-12-13", "subjects": "animal disease,animal nutrition,sheep,veterinary legislation", "workIds": "celex:51991AP0322", "eurovoc_concepts": ["animal disease", "animal nutrition", "sheep", "veterinary legislation"], "url": "http://publications.europa.eu/resource/cellar/2673c85b-c738-4c9d-9a16-fa655cd45683", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2559e1d3-05d5-4f8a-a8b4-202695a315cf", "title": "Terminologi over Udkast til Konvention om Europ\u00e6isk Varem\u00e6rkeret.,Terminologia dello schema di convenzione sul diritto europeo dei marchi.,Terminologie de l'avant-projet de convention relatif \u00e0 un droit europ\u00e9en des marques.,Terminologie des Vorentwurfs eines \u00dcbereinkommens \u00fcber ein europ\u00e4isches Markenrecht.,Terminologie van het voorontwerp van overeenkomst inzake een europees merkenrecht.,Terminology of a preliminary draft convention for a European trade mark : edition 1980.", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament", "date": "1991-12-13", "subjects": "terminology,trademark law", "workIds": "PUB_AX8164907", "eurovoc_concepts": ["terminology", "trademark law"], "url": "http://publications.europa.eu/resource/cellar/2559e1d3-05d5-4f8a-a8b4-202695a315cf", "lang": "eng", "formats": ["pdf", "pdfa1b", "print_sftcv"], "text": "PARLEMENT EUROP\u00c9EN \n\nDirection de la traduction \net de la terminologie \n\nBureau de terminologie \n\nPARLAMENTO EUROPEO \n\nDirezione della traduzione \ne della terminologia \n\nUfficio terminologia \n\nEUROPEAN PARLIAMENT \n\nDirectorate for Translation \nand Terminology Services \n\nTerminology Office \n\nEUROP\u00c4ISCHES PARLAMENT \n\nDirektion \u00dcbersetzung \nund Terminologie \n\nTerminologieb\u00fcro \n\nEUROPEES PARLEMENT \n\nDirectoraat vertalingen \nen terminologie \n\nTerminologiebureau \n\nEUROPA-PARLAMENTET \n\nDirektoratet for overs\u00e6ttelse \nog terminologi \n\nTerminologicentralen \n\nTERMINOLOGIE \nDE L'AVAIMT-PROJET DE CONVENTION \n\nRELATIF A UN DROIT EUROP\u00c9EN DES MARQUES \n\nTERMINOLOGIA \nDELLO SCHEMA DI CONVENZIONE \n\nSUL DIRITTO EUROPEO DEI MARCHI \n\nTERMINOLOGY \nOF A PRELIMINARY DRAFT CONVENTION \nFOR A EUROPEAN TRADE MARK \n\nTERMINOLOGIE \n\nDES VORENTWURFS EINES \u00dcBEREINKOMMENS \n\u00dcBER EIN EUROP\u00c4ISCHES MARKENRECHT \n\nTERMINOLOGIE \nVAN HET VOORONTWERP VAN OVEREENKOMST \nINZAKE EEN EUROPEES MERKENRECHT \n\nTERMINOLOGI \nOVER UDKAST TIL KONVENTION \nOM EUROP\u00c6ISK VAREM\u00c6RKERET \n\n2\u00e8me \u00e9di \n\n\u2014 janvier ^-AX-H-M-W-fAe. PE 64. 907 \n\n\f\fI N T R O D J C T I ON \n\nLa nouvelle (2\u00e8me) \u00e9dition de ce glossaire est bas\u00e9e sur les documents \n\nsuivants : \n\n- Avant-Projet de Convention relatif \u00e0 un droit europ\u00e9en des marques. Commission des Communaut\u00e9s europ\u00e9ennes, 1973; \n\n- M\u00e9morandum sur la cr\u00e9ation d'une marque communautaire, Commission des \n\nCommunaut\u00e9s europ\u00e9ennes (Bulletin des Communaut\u00e9s europ\u00e9ennes, N\u00b0 8/1976) \n\nNous attirons l'attention de nos lecteurs sur le fait que le texte et \nla traduction de ces deux documents ne sont malheureusement pas toujours \nexacts ou uniformes. Il faut donc utiliser cette terminologie avec prudence \net discernement. Dans la premi\u00e8re partie du glossaire on trouvera une liste, en six \nlangues, des mots et expressions relev\u00e9s dans les documents susmentionn\u00e9s \nen partant de 275 mots-cl\u00e9s fran\u00e7ais class\u00e9s par ordre alphab\u00e9tique. La deuxi\u00e8me partie comporte un index (italien, anglais, allemand, \n\nn\u00e9erlandais et danois) de mots-cl\u00e9s accompagn\u00e9s de chiffres qui renvoient \n\u00e0 la num\u00e9rotation des mots-cl\u00e9s fran\u00e7ais de la premi\u00e8re partie. Le pr\u00e9sent glossaire ne peut \u00eatre reproduit, en tout ou en partie, \n\nqu'avec l'autorisation du Secr\u00e9tariat g\u00e9n\u00e9ral du Parlement europ\u00e9en \n(Bo\u00eete postale 1601 - Luxembourg). I N T R O D J Z I O NE \n\nLa nuova \n\n( 2a) e d i z i o ne d el p r e s e n te g l o s s a r io \u00e8 s t a ta c o m p i l a ta \n\ns u l la \n\nb a se d ei s e g u e n ti d o c u m e n t i: \n\n- Schema di Convenzione s ul d i r i t to e u r o p eo d ei m a r c h i. Commissione d e l le \n\nComunit\u00e0 e u r o p e e, 1973; \n\n- Memorandum s u l la c r e a z i o ne di un marchio CEE, Commissione d e l le Comunit\u00e0 \n\ne u r o p ee \n\n( B o l l e t t i no d e l le Comunit\u00e0 e u r o p e e, supplemento N\u00b0 8 / 1 9 7 6 ). Si r i c h i a ma \n\nl ' a t t e n z i o ne d ei n o s t ri \n\nl e t t o ri s ul f a t to che \n\nil \n\nt e s to e \n\nla r e l a t i va \np e r t a n to u t i l i z z a re \n\nt r a d u z i o ne non sono p u r t r o p po sempre e s a t ti o u n i f o r m i. Occorre \nt e r m i n o l o g ia con prudenza e d i s c e r n i m e n t o. la p r e s e n te \n\nLa prima p a r te d el g l o s s a r io \u00e8 c o s t i t u i ta di un e l e n co \n\nl i n g ue \ndi p a r o le ed e s p r e s s i o ni e s t r a t te d ai d o c u m e n ti s u c c i t a t i, a p a r t i re da \n275 t e r m i ni f r a n c e si c l a s s i f i c a ti per o r d i ne \n\na l f a b e t i c o. in s ei \n\nLa seconda p a r te comprende g li \n\ni n d i ci d ei \n\nt e r m i ni \n\ni t a l i a n i, \n\ni n g l e s i, \n\nt e d e s c h i, o l a n d e si e d a n e s i, con r i n v io a l la numerazione d ei \nf r a n c e si d e l la prima p a r te. t e r m i ni \n\nLa p r e s e n te opera pu\u00f2 e s s e re r i p r o d o t t a, \n\nin \n\nt u t to o in p a r t e, \n\ns o lo \n\np r e v ia a u t o r i z z a z i o ne d el S e g r e t a r i a to g e n e r a le d el P a r l a m e n to e u r o p eo \n( B o \u00ee te p o s t a le 1601 - Luxembourg). PE 6 4. 9 07 \n\n\fI N T R O D U C T I ON \n\nThe new (second) edition of this glossary is based on the following \n\ndocuments : \n\n- Preliminary Draft Convention for a European Trade Mark (Commission \n\nof the European Communities 1973) \n\n- Memorandum on the Creation of an EEC Trade Mark (Bulletin of the European \n\nCommunities, Supplement 8/76). We draw the user's attention to the fact that text and translation are \n\nnot always accurate or uniform. In consequence, this terminology should \nbe used with caution. In the first part of the glossary will be found a list in six languages \n\nof words and expressions derived from the above mentioned documents, based \non 275 French keywords classified in alphabetical order. The second part consists of an index (Italian, English, German, \nDutch and Danish) of keywords followed by figures which refer to the numbering \nof the French keywords in the first part. Reproduction in whole or in part of this glossary may not be made \n\nwithout the prior permission of the Secretariat of the European Parliament \n(P. O. Box 1601, Luxembourg). E I N F \u00dc H R U NG \n\nDie W\u00f6rter und Ausdr\u00fccke der zweiten Auflage dieses Glossars wurden \n\nfolgenden Dokumenten entnommen : \n- Vorentwurf eines \u00dcbereinkommens \u00fcber ein Europ\u00e4isches Markenrecht, \n\nKommission der Europ\u00e4ischen Gemeinschaften, 1973; \n\n- Denkschrift \u00fcber die Schaffung einer EWG-Marke, Beilage 8/76 des Bulletins \n\nder Europ\u00e4ischen Gemeinschaften. Wir m\u00f6chten unsere Leser darauf hinweisen, da\u00df diese beiden Texte sich \n\nleider nicht immer sinngem\u00e4\u00df entsprechen und die \u00dcbersetzungen hier und da \nungenau sind. Wir empfehlen deshalb, die vorliegende Terminologie mit einer \ngewissen Vorsicht zu benutzen und notfalls Erkundigungen einzuziehen. Der erste Teil dieses Glossars besteht aus einem sechssprachigen \n\nVerzeichnis, dessen 275 Stichw\u00f6rter aufgrund der jeweiligen franz\u00f6sischen \nBezeichnungen alphabetisch geordnet sind. Der zweite Teil umfa\u00dft jeweils ein italienisches, enqlisches, deutsches, \n\nniederl\u00e4ndisches und d\u00e4nisches Register mit Zahlen, die auf die Numerierung \nder franz\u00f6sischen Stichw\u00f6rter verweisen. Es wird darauf aufmerksam gemacht, da\u00df die Wiedergabe von Texten aus \ndiesem Glossar nur mit Genehmigung des Generalsekretariats des Europ\u00e4ischen \nParlaments erfolgen darf (Postfach 1601, Luxemburg). - 2 - \n\nPE 64. 907 \n\n\fI N L E I D I NG \n\nDe nieuwe (tweede) uitgave van deze woordenlijst berust op de \n\nvolgende documenten: \n- Voorontwerp van overeenkomst inzake een Europees merkenrecht, \n\nCommissie van de Europese Gemeenschappen, 1973; \n\n- Nota over de creatie van een EEG-merk, Commissie van de Europese \n\nGemeenschappen (Bulletin van de Europese Gemeenschappen, \nsupplement no. 8/76). Wij vestigen de aandacht van onze lezers op het feit dat tekst \n\nen/of vertaling van deze beide documenten niet steeds juist of uni \nform zijn. Bij het gebruik van deze terminologie moet dus de nodige \nvoorzichtigheid in acht worden genomen. Het eerste deel wordt gevormd door een zestalige lijst van \naan bovenvermelde documenten ontleende woorden en uitdrukkingen, \nuitgaande van 275 alfabetisch gerangschikte, Franse trefwoorden. Het tweede deel bevat een Italiaans, een Engels, een Duits, \neen Nederlands en een Deens trefwoordenregister met cijfers, die \nverwijzen naar de nummering van de Franse trefwoorden. Uit deze woordenlijst mag niets worden overgenomen, tenzij \n\nmet instemming van het Secretariaat-generaal van het Europese \nParlement (P. O. Box 1601, Luxembourg). I N D L E D N I NG \n\nDen nye (2. ) udgave af dette glossar bygger p\u00e5 f\u00f8lgende dokumenter: \n\n- Udkast til konvention om europ\u00e6isk varem\u00e6rkeret. Kommissionen for De \n\neurop\u00e6iske F\u00e6llesskaber, 1973 \n\n- Memorandum om etablering af et EF-m\u00e6rke, Kommissionen for De europ\u00e6iske \n\nF\u00e6llesskaber (Bulletin for De europ\u00e6iske F\u00e6llesskaber nr. 8/1976). Vi henleder l\u00e6sernes opm\u00e6rksomhed p\u00e5, at indholdet og/eller over \ns\u00e6ttelsen af disse dokumenter desv\u00e6rre ikke altid er eksakt eller ens \nlydende. Det tilr\u00e5des derfor at anvende denne terminologi med en vis \nforsigtighed. F\u00f8rste del af glossaret best\u00e5r af en sekssproget liste over ord og \n\nudtryk taget fra de ovenn\u00e6vnte dokumenter og opstillet i alfabetisk \norden efter de 2 75 franske stikord. Anden del indeholder et indeks (p\u00e5 italiensk, engelsk, tysk, \n\nnederlandsk og dansk) over stikord forsynet med tal, som svarer til \nde franske stikords nummerering i glossarets f\u00f8rste del. Eftertryk af dette glossar, eller dele deraf, er kun tilladt \n\nmed godkendelse af Europa-Parlamentets generalsekretariat (P. O. Box 1601, \nLuxembourg). - 3 - \n\nPE 64. 907 \n\n\fabus \nles risques d'abus \net de piraterie \nM 8/76 - 31 \n\naccord \nconclure des accords \nportant sur l'\u00e9change \nde publications \n60,3 \n\ngli abusi di uso fraudo \nlento (del marchio) \n\nthe possibilities of \nabuse in the form of trade \nmark pirating \n\nstipulare accordi per \nlo scambio di pubbli \ncazioni \n\nto conclude agreements \nrelating to the exchange \nof publications \n\nl'accord international \n7 \n\nl'accordo interna \nzionale \n\ninternational agreement \n\ns'associer a la pr\u00e9sen \nte convention en vertu \nd'un accord sp\u00e9cial \n187,1 \n\nconcludere un accordo \nspeciale di associa \nzione \n\nto be associated with \nthe present Convention by \nvirtue of a special \nagreement \n\nacte \nun acte accompli par \nle demandeur \n162,1,6 \n\nl'acte d'appel \n134,1 \n\nl'acte de cession \n23,3 \n\nl'acte contest\u00e9 \n36,1,3 \n\nl'acte judiciaire \n62,1 \n\nun acte unilat\u00e9ral \n25,1 \n\nla notification de \nl'acte \n36,2 \n\nla publication de \n1'acte \n36,2 \n\naction \nles actions en cessa \ntion et en dommages-\nint\u00e9r\u00eats \nM 8/76 - 144 \n\nun atto che il richie \ndente ha compiuto \n\naction done by the \nperson making the request \n\nl'atto d'appello \n\nappeal \n\nl'atto di cessione \n\nassignment document \n\n1'atto impugnato \n\n- decision which is \n\nchallenged \n\n- challenged decision \n\nl'atto giudiziario \n\nlegal measure \n\nun atto unilaterale \n\nunilateral legal \ntransaction \n\nla notificazione \ndell'atto \n\nnotification (of the \ndecision) \n\nla pubblicazione \ndell'atto \n\npublication of the \ndecision \n\nle inibitorie e le \nazioni di risarcimen \nto \n\nthe action for an \ninjunction and damages \n\nl'action en contrefa\u00e7on - l'azione di \n20/M 8/76 - 37 - 94 - \n121 \n\n- la domanda per \n- il giudizio per \n- il procedimento per \ncontraffazione \n\nles actions en contre- le azioni di contraffa-\nfa\u00e7on d'une marque euro- zione di un marchio \np\u00e9enne/d'une marque na- europeo/di un marchio \ntionale \n156,1 - 157 \n\nnazionale \n\n- complaint \n- infringement action \n- infringement proceedings \n\na c t i o ns for \nof a European t r a de mark/ \na n a t i o n al t r a de mark \n\ninfringement \n\n- 4 \n\nPE 64. 907 \n\n\fdie M\u00f6glichkeiten des \nMi\u00dfbrauchs in Form der \nMarkenpiraterie \n\nde mogelijkheden van mis- muligheder for misbrug \nbruik in de vorm van mer- i form af piratvirksomhed \nkenpiraterij \n\nVereinbarungen \u00fcber den \nAustausch von Ver\u00f6ffent= \nlichungen treffen \n\novereenkomsten sluiten \naangaande de uitwisseling ling af publikationer \nvan publikaties \n\nslutte aftale om udveks= \n\nder internationale \nVertrag \n\nde internationale over \neenkomst \n\ninternational overens= \nkomst \n\nsich diesem Abkommen \ndurch eine Assoziierung \nauf Grund eines besonde= bijzondere overeenkomst \nren Abkommens anschlie\u00dfen \n\nassociatie bij deze over- tilslutte sig denne kon= \nvention gennem en asso= \neenkomst krachtens een \nciering i henhold til \ns\u00e6rlig overenskomst \n\neine von dem Antragstel= \n1er vorgenommene Hand= \nlung \n\neen door de verzoeker \nverrichte handeling \n\nen af ans\u00f8geren fore= \ntagen handling \n\ndie Berufungsschrift \n\nhet beroepschrift \n\nappelbeg\u00e6ring \n\nder \u00dcbertragungsvertrag \n\nde akte van overdracht \n\nkontrakt om overdragelse \n\ndie angefochtene Hand= \nlung \n\nde gewraakte handeling \n\nden p\u00e5klagede handling \n\ndie gerichtliche Hand= \nlung \n\nde gerechtelijke hande \nling \n\nen retslig handling \n\nein einseitiges Rechts= \ngesch\u00e4ft \n\neen eenzijdige rechts \nhandeling \n\nen ensidig retshandel \n\ndie Mitteilung der \nHandlung \n\nde kennisgeving van de \nhandeling \n\nf\u00e5 kendskab til hand= \nlingen \n\ndie Bekanntgabe der \nHandlung \n\nde bekendmaking van de \nhandeling \n\nbekendtg\u00f8relsen af den \np\u00e5g\u00e6ldende handling \n\ndie Unterlassungs- und \nSchadensersatzklagen \n\nde ver bods- en schade \nvergoedingsacties \n\nundladelsessp\u00f8rgsm\u00e5l \neller erstatningssag \n\n- die Verletzungsklage \n- der Verletzungsprozess \n- das Verletzungsver= \n\nfahren \n\nde (rechts)vordering \nwegens inbreuk op \nhet proces wegens in \nbreuk \nde schendingsprocedure \n\n- klage for \n- s\u00f8gsm\u00e5l om \n- sag om \nkr\u00e6nkelse \n\nKlagen wegen Verletzung \neiner europ\u00e4ischen Mar= \nke/einer nationalen Mar= \nke \n\nde vorderingen inzake \ninbreuk op een Europees \nmerk/op een nationaal \nmerk \n\ns\u00f8gsm\u00e5l om kr\u00e6nkelse af \neurop\u00e6iske varem\u00e6rker/ \nnationale varem\u00e6rker \n\n- 5 \n\nPE 64. 907 \n\n\f4. action (suite) \n\nintroduire contre le \ndemandeur une action \nen contrefa\u00e7on \n162,8 \n\nproporre nei confronti \ndell'attore un'azione \ndi contraffazione \n\nla proc\u00e9dure en cas \nd'action en contrefa\u00e7on \n157 (T) \n\nil procedimento per \nl'azione di contraffa \nzione \n\nr\u00e9server les actions en \ncontrefa\u00e7on des/de mar \nques europ\u00e9ennes \u00e0 un \ntribunal national com \np\u00e9tent rat ione materiae \n128,3 - 156,2 \n\n- attribuire ad un'au \ntorit\u00e0 giudiziaria \nnazionale competente \nper materia la com \npetenza per le azioni \ndi contraffazione dei \nmarchi europei \n\n- relativamente alle \nazioni di contraffa \nzione di un marchio \neuropeo, attribuire \nla competenza ad una \nautorita giudiziaria \nnazionale competente \nper materia \n\nto institute infringe \nment proceedings against \nthe person making the \nrequest \n\nprocedure in actions \nfor infringement \n\nto refer/remit actions \nfor infringement of a \nEuropean trade mark/ \nEuropean trade marks to \na national court compe \ntent ratione materiae \n\nstatuer sur l'action en decidere in merito all'a-f- to decide on the claim \ncontrefa\u00e7on de la marque zione di contraffazione \neurop\u00e9enne \n159,3 - 159,5 \n\nfor infringement of \nthe European trade mark \n\n- to decide the infringe \n\ndel marchio europeo \n\nment action \n\nl'action en d\u00e9ch\u00e9ance \nM 8/76 - 121 \n\nl'azione di decadenza \n\naction for cancellation \n\nl'action en d\u00e9ch\u00e9ance \nde la marque europ\u00e9enne \n159,2 \n\nl'azione di decadenza \ndi un marchio europeo/ \ndel marchio europeo \n\nclaim for the declaration \nof lapse of the European \ntrade mark \n\nl'action en d\u00e9ch\u00e9ance \nde la marque collective \neurop\u00e9enne \n173,2 \n\nl'action en d\u00e9ch\u00e9ance \nou en nullit\u00e9 de la mar \nque europ\u00e9enne/d'une \nmarque nationale \n128,1 - 159,2 - 162,10 -\n128,1 \n\nl'azione di decadenza \ndel marchio europeo \ncollettivo \n\n(to claim) the declaration \nof lapse of a European \ncollective mark \n\nl'azione di decadenza \no di nullit\u00e0 del mar \nchio europeo/di un mar \nchio nazionale \n\n- claim/action for the \ndeclaration of lapse \nor revocation of the \nEuropean trade mark \n- actions for declaring \n\nthe lapse or revocation \nof a national trade mark \n\nl'action en d\u00e9ch\u00e9ance \nou en nullit\u00e9 de la \nmarque europ\u00e9enne fait \nl'objet d'une d\u00e9cision \ndevenue d\u00e9finitive \n159,2 \n\nla decisione relativa \nall'azione di decadenza \no di nullit\u00e0 del mar \nchio europeo e divenuta \ndefinitiva \n\ndecision on the claim \nfor lapse or revocation \nof the European trade \nmark has become final \n\n- 6 -\n\nPE 64. 907 \n\n\feine Verletzungsklage \ngegen den Antragssteller \neinreichen \n\ntegen de verzoeker een \nvordering inzake inbreuk \ninstellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l mod \nans\u00f8geren om kr\u00e6nkelse \n\ndas Verfahren bei Ver= \nletzungsklagen \n\nde procedure bij een \nvordering inzake inbreuk m\u00e5l om kr\u00e6nkelse \n\nprocesregler for s\u00f8gs= \n\nKlagen wegen Verletzung \neiner europ\u00e4ischen Marke/ \neurop\u00e4ischer Marken einem \nsachlich zust\u00e4ndigen na= \ntionalen Gericht zuweisen \n\nhenl\u00e6gge s\u00f8gsm\u00e5l ved= \nr\u00f8rende kr\u00e6nkelse af \neurop\u00e6iske varem\u00e6rker \ntil en komptent national \ndomstol \n\nde rechtsmacht inzake \nvorderingen wegens in \nbreuk op een Europees \nmerk aan een nationale \nabsoluut bevoegde \nrechterlijke instantie \ntoekennen \nde rechtsmacht ten aan \nzien van vorderingen in \nzake inbreuk op Europe= \nse merken voorbehouden \naan een nationale rechter \nlijke instantie die ab \nsoluut bevoegd is \n\ndie Entscheidung \u00fcber \ndie Klage wegen Verletz= \nung der europ\u00e4ischen \nMarke \ndie Entscheidung \u00fcber \ndie Verletzungsklage \n\n- de beslissing over de \nvordering inzake in \nbreuk op het Europese \nmerk \n\nafg\u00f8relse af s\u00f8gsm\u00e5let \nom kr\u00e6nkelse af det \neurop\u00e6iske varem\u00e6rke \n\n- over de vordering in \nzake inbreuk (op het \nEuropese merk) beslissen \n\ndie Verfallsklage \n\nde vordering tot verval-\nlenverklaring \n\ns\u00f8gsm\u00e5l med p\u00e5stand om \nfortabelse \n\ndie Klage auf Erkl\u00e4rung \ndes Verfalls einer euro= \np\u00e4ischen Marke/ der euro= \np\u00e4ischen Marke \n\nde rechtsvordering om \ntrent het verval van \neen Europees merk/van \nhet Europees merk \n\ns\u00f8gsm\u00e5l om fortabelse \naf det europ\u00e6iske vare= \nm\u00e6rke \n\ndie Klage auf Erkl\u00e4rung \ndes Verfalls der euro= \np\u00e4ischen Kollektivmarke \n\nde rechtsvordering tot \nvervallenverklaring van af et europ\u00e6isk f\u00e6lles= \nhet Europese collectieve m\u00e6rke \nmerk \n\ns\u00f8gsm\u00e5l om fortabelse \n\ndie Klage auf Erkl\u00e4rung \ndes Verfalls oder der \nNichtigkeit der europ\u00e4i= \nsehen Marke/einer natio= \nnalen Marke \n\nde vordering tot verval \nlenverklaring of tot \nnietigverklaring van het \nEuropese merk/van een \nnationaal merk \n\ns\u00f8gsm\u00e5l om europ\u00e6iske \nvarem\u00e6rkers fortabelse \neller ugyldighed/for= \ntabelse eller ugyldighed \naf det europ\u00e6iske varem\u00e6rke \ns\u00f8gsm\u00e5l om fortabelse \neller ugyldighed af et natio= \nnalt varem\u00e6rke \n\neine rechtskr\u00e4ftige Ent= \nScheidung \u00fcber die Klage \nauf Erkl\u00e4rung des Ver= \nfalls oder der Nichtig= \nkeit der europ\u00e4ischen \nMarke \n\nover de vordering tot \nvervallenverklaring of \ntot nietigverklaring van \nhet Europese merk is een \nonherroepelijke beslis \nsing gegeven \n\nendelig afg\u00f8relse af s\u00f8gs= \nm\u00e5let om fortabelse eller \nugyldighed af det euro= \np\u00e6iske varem\u00e6rke \n\n7 -\n\nPE 64. 907 \n\n\f4. action (suite) \n\nintenter l'action en \nd\u00e9ch\u00e9ance de la marque \ncollective europ\u00e9enne \n173,2 \n\nproporre l'azione di \ndecadenza del marchio \neuropeo collettivo \n\nto claim the declaration \nof lapse of a European \ncollective mark \n\nintenter une action en proporre un'azione di \nd\u00e9ch\u00e9ance ou en nullit\u00e9 decadenza o di nullit\u00e0 \nde la marque europ\u00e9enne del marchio europeo \n129,1 - 159,2 \n\n- to file an application \n\nfor revocation or \ndeclaration of lapse \nof a European trade mark \n- to file a claim for the \ndeclaration of lapse or \nrevocation of the Euro \npean trade mark \n\n\u00eatre habilit\u00e9 \u00e0 inten \nter une action en \nd\u00e9ch\u00e9ance ou en nulli \nt\u00e9 d'une marque collec \ntive europ\u00e9enne \n175 \n\nr\u00e9server des actions en \nd\u00e9ch\u00e9ance ou en nullit\u00e9 \nde la marque europ\u00e9enne \n\u00e0 un tribunal national \ncomp\u00e9tent ratione \nmateriae \n128,3 - 156,2 \n\navere facolt\u00e0 di pro \nporre un'azione di de \ncadenza o di nullit\u00e0 \ndi un marchio europeo \ncollettivo \n\nto have the right to \nbring an action for the \ndeclaration of lapse or \nrevocation of a European \ncollective mark \n\n- relativamente alle \n\nazioni di decadenza o \ndi nullit! del mar \nchio europeo, attri \nbuire la competenza \nad un'autorit\u00e0 giudi \nziaria nazionale com \npetente per materia \n- attribuire ad un'auto \n\nto refer/remit actions \nfor declaration of lapse \nor revocation of the \nEuropean trade mark to a \nnational court, competent \nratione materiae \n\nrit\u00e0 giudiziaria nazio \nnaie competente per \nmateria la competenza \nper le azioni di de \ncadenza o di nullit\u00e0 \ndel marchio europeo \n\nretirer l'action en \nd\u00e9ch\u00e9ance \n150,1 \n\nil ritiro dell'azione \ndi decadenza \n\nto withdraw the claim \nfor a declaration of \nlapse of a European \ntrade mark \n\nla d\u00e9cision devenue d\u00e9 \nfinitive par laquelle \nil a \u00e9t\u00e9 statu\u00e9 sur \nl'action en d\u00e9ch\u00e9ance \nou en nullit\u00e9 de la \nmarque europ\u00e9enne \n159,5 \n\nl'action en nullit\u00e9 \nM 8/76 - 94 \n\nl'action reconvention \nnelle en d\u00e9ch\u00e9ance ou \nen nullit\u00e9 de la marque \neurop\u00e9enne \n158 - 159. 1,2,5 \n\nla decisione definitiva \nrelativa all'azione di \ndecadenza o di nullit\u00e0 \ndel marchio europeo \n\nfinal decision on the \nclaim for the declaration \nof lapse or revocation \nof the European trade mark \n\nil giudizio di nullit\u00e0 \n\ninvalidity proceedings \n\nl'azione riconvenzio \nnale di decadenza o di \nnullit\u00e0 del marchio \neuropeo \n\ncounter-claim for declara \ntion/the declaration of \nlapse or revocation of \nthe European trade mark \n\nPE 64. 907 \n\n\fdie Klage auf Erkl\u00e4rung \ndes Verfalls der euro= \np\u00e4ischen Kollektivmarke \nerheben \n\neen rechtsvordering tot \nvervallenverklaring van \nhet Europese collectieve \nmerk instellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l om for= \ntabelse af et europ\u00e6isk \nf\u00e6llesm\u00e6rke \n\neine Klage auf Erkl\u00e4rung \ndes Verfalls oder der \nNichtigkeit der europ\u00e4i= \nsehen Marke erheben \n\neen vordering tot verval \nlenverklaring of tot nie= \ntigverklaring van het \nEuropese merk instellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l,hvorved \neurop\u00e6iske varem\u00e6rker \ns\u00f8ges kendt fortabt eller \nugyldige/om fortabelse \neller ugyldighed af det \neurop\u00e6iske varem\u00e6rke \n\nzur Erhebung der Klage \nauf Erkl\u00e4rung des Ver= \nfalls oder der Nichtig= \nkeit einer europ\u00e4ischen \nKollektivmarke berechtigt \nsein \n\nbevoegd zijn een rechts \nvordering tot vervallen \nverklaring of tot nie= \ntigverklaring van een \nEuropees collectief merk \nin te stellen \n\nv\u00e6re berettiget til at \nanl\u00e6gge s\u00f8gsm\u00e5l om for= \ntabelse eller ugyldig= \nhed af europ\u00e6iske f\u00e6l= \nlesm\u00e6rker \n\nKlagen auf Erkl\u00e4rung des \nVerfalls oder der Nich= \ntigkeit der europ\u00e4ischen \nMarke einem sachlich zu= \nst\u00e4ndigen nationalen Ge= \nrieht zuweisen \n\n- de rechtsmacht ten aan \nzien van vorderingen \ntot vervallenverklar \ning of tot nietigver \nklaring van het Euro \npese merk aan een na \ntionale absoluut be= \nvoegde rechterlijke \ninstantie voorbehouden \n\n- de vorderingen tot \n\nhenl\u00e6gge s\u00f8gsm\u00e5l hvorved \neurop\u00e6iske varem\u00e6rker \ns\u00f8ges kendt fortabt eller \nugyldige til en kompetent \nnational domstol \n\nvervallenverklaring van \nhet Europese merk aan \neen nationale rechter \nlijke instantie die ab \nsoluut bevoegd is voor \nbehouden \n\ndie Klage auf Erkl\u00e4rung \ndes Verfalls zur\u00fccknehmen \n\nde vordering tot verval \nlenverklaring intrekken \n\nfrafalde s\u00f8gsm\u00e5let (hvor= \nved et europ\u00e6isk varem\u00e6rke) \ns\u00f8ges kendt fortabt \n\ndie rechtskr\u00e4ftige Ent= \nscheidung \u00fcber die Klage slissing over de vorde-\nauf Erkl\u00e4rung des Verfalls ring tot vervallenver-\noder der Nichtigkeit der klaring of tot nietig-\neurop\u00e4ischen Marke \n\nde onherroepelijke be-\n\nverklaring van het Euro \npese merk \n\nden endelige afg\u00f8relse \naf s\u00f8gsm\u00e5let om fortabelse \neller ugyldighed af det \neurop\u00e6iske varem\u00e6rke \n\ndas Nichtigkeitsver= \nfahren \n\nde nietigheidsprocedure \n\ns\u00f8gsm\u00e5l om ugyldigheds= \nkendelse \n\ndie Widerklage auf Er= \nkl\u00e4rung des Verfalls oder \nder Nichtigkeit der euro= \np\u00e4ischen Marke \n\nde eis/de vordering in \nreconventie tot verval \nlenverklaring of tot \nnietigverklaring van het \nEuropese merk \n\net kontras\u00f8gsm\u00e5l, hvorved \ndet europ\u00e6iske varem\u00e6rke \ns\u00f8ges kendt fortabt eller \nugyldigt/om fortabelse el= \n1er ugyldighed af det \neurop\u00e6iske varem\u00e6rke \n\nPE 64. 907 \n\n\f4. action (suite) \n\nn'admettre qu'en pre \nmi\u00e8re instance l'action \nreconventionnelle en \nd\u00e9ch\u00e9ance ou en nulli \nt\u00e9 de la marque euro \np\u00e9enne \n159,1 \n\nengager une action \nreconventionnelle \nM 8/76 - 157 \n\nammettere soltanto in \nprima istanza l'azione \nriconvenzionale di de \ncadenza o di nullit\u00e0 \ndel marchio europeo \n\na counter-claim for the \ndeclaration of lapse or \nrevocation of a European \ntrade mark is admissible \nonly in the first instance \n\nproporre un'azione ri \nconvenzionale \n\nto bring a counter-claim \n\nintenter une action re \nconventionnelle en d\u00e9 \nch\u00e9ance ou en radiation \nde la marque pour d\u00e9 \nfaut d'usage \nM 8/76 - 123 \n\nchiedere in via ricon-\nvenzionale la dichiara \nzione di decadenza o la \ncancellazione del mar \nchio per mancata utiliz \nzazione \n\nto counter-claim for a \ndeclaration of invalidity \nor for cancellation of \nthe trade mark because \nof non-user \n\nintenter une action \nreconventionnelle en \nd\u00e9ch\u00e9ance ou en nulli \nt\u00e9 de la marque euro \np\u00e9enne \n159,2 \n\nproporre un'azione r\u00ed-\nconvenzionale di deca \ndenza o di nullit\u00e0 del \nmarchio europeo \n\nto file a counter-claim \nfor the declaration of \nlapse or revocation of \nthe European trade mark \n\nstatuer sur l'action \nreconventionnelle (en \nd\u00e9ch\u00e9ance ou en nulli \nt\u00e9 de la marque euro \np\u00e9enne) \n159,3 \n\nl'action en nullit\u00e9 \nd'une marque europ\u00e9en \nne/de la marque euro \np\u00e9enne \n121,2 - 159,2 - 162,10 \n\ndecidere in merito \nall'azione riconven \nzionale \n\nto decide on the counter \nclaim \n\nl'azione di nullit\u00e0 di \nun marchio europeo/del \nmarchio europeo \n\napplication for revoca \ntion (of the European \ntrade mark) \nclaim for declaration of \nrevocation of the Euro \npean trade mark \n\nintenter une action en \nnullit\u00e9/intenter une \naction en nullit\u00e9 de \nla marque europ\u00e9enne \n121,2,3 \n\nproporre un'azione di \nnullit\u00e0/proporre azione \ndi nullit\u00e0 del marchio \neuropeo \n\nto file an application \nfor revocation \nto file a claim for re \nvocation of the Euro \npean trade mark \n\nretirer l'action en \nnullit\u00e9 \n150,1 \n\nl'action reconvention \nnelle en nullit\u00e9 \n121,2 \n\nil ritiro dell'azione \ndi nullit\u00e0 \n\nto withdraw the claim \nfor a declaration of \nrevocation \n\nl'azione riconvenzio \nnale di nullit\u00e0 \n\ncounter-claim for \nrevocation \n\n10 -\n\nPE 64. 907 \n\n\feine Widerklage auf Er= \nkl\u00e4rung des Verfalls \noder der Nichtigkeit der \neurop\u00e4ischen Marke ist \nnur in erster Instanz \nzul\u00e4ssig \n\neen vordering in recon- kun i f\u00f8rste instans \nventie tot vervallenver- tillade et kontras\u00f8gsm\u00e5l, \nklaring of tot nietigver- hvorved det europ\u00e6iske \nklaring van het Europese varem\u00e6rke s\u00f8ges kendt for= \nmerk is slechts in eerste tabt eller ugyldigt \naanleg ontvankelijk \n\n4 -4 \n\nWiderklage erheben \n\neen eis in reconventie \ninstellen \n\nanl\u00e6gge kontras\u00f8gsm\u00e5l \n\nim Wege der Widerklage \ndie Erkl\u00e4rung des Ver= \nfalls oder die L\u00f6schung \nder Marke wegen Nichtbe= \nnutzung beantragen \n\nvia een eis in reconven \ntie de verklaring vorde \nren dat het merk is ver \nvallen of tenietgegaan \nwegens niet-gebruik \n\ngennem kontras\u00f8gsm\u00e5l at \nnedl\u00e6gge p\u00e5stand om for= \ntabelse eller slettelse \naf varem\u00e6rket p\u00e5 grund af \nundladt brug \n\n- durch eine Widerklage \nauf Erkl\u00e4rung des Ver= \nfalls oder der Nichtig= \nkeit der europ\u00e4ischen \nmarke \n\n- Widerklage auf Erkl\u00e4= \n\nrung des Verfalls oder \nder Nichtigkeit der \neurop\u00e4ischen Marke er= \nheben \n\n- door een eis in recon \nventie tot vervallen-\nverklaring of tot nie \ntigverklaring van het \nEuropese merk \n\n- een vordering in re \nconventie tot verval-\nlenverklaring of tot \nnietigverklaring van \nhet Europese merk in \nstellen \n\ngennem et kontras\u00f8gsm\u00e5l, \nhvorved det europ\u00e6iske \nvarem\u00e6rke s\u00f8ges kendt for= \ntabt eller ugyldigt/om \nfortabelse eller ugyldig= \nhet af det europ\u00e6iske \nvarem\u00e6rke \n\ndie Entscheidung \u00fcber die \nWiderklage \n\nde beslissing over de \nvordering in reconventie \n\nafg\u00f8relsen af kontras\u00f8gs= \nm\u00e5let \n\ndie Klage auf Erkl\u00e4rung \nder Nichtigkeit einer \neurop\u00e4ischen Marke/ der \neurop\u00e4ischen Marke \ndie Nichtigkeitsklage \n(einer europ\u00e4ischen \nMarke) \n\nde rechtsvordering \nomtrent de nietigheid \nvan een Europese merk/ \nvan het Europese merk \nde vordering tot nie^ \ntigverklaring (van \neen Europees merk) \n\ns\u00f8gsm\u00e5l om europ\u00e6iske \nvarem\u00e6rkers ugyldighed/ \nugyldigkendelse/ugyldig= \nhed af det europ\u00e6iske \nvarem\u00e6rke \n\neine Nichtigkeitsklage \nerheben/eine Klage auf \nErkl\u00e4rung der Nichtig= \nkeit der europ\u00e4ischen \nMarke erheben \n\neen vordering tot nie \ntigverklaring instellen/ \neen vordering tot nietig \nverklaring van het Euro \npese merk instellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l/sag om \nugyldigkendelse af det \neurop\u00e6iske varem\u00e6rke \n\ndie Klage auf Erkl\u00e4rung \nder Nichtigkeit zur\u00fcck= \nnehmen \n\ndie Nichtigkeitswider= \nklage \n\nde vordering tot nietig \nverklaring intrekken \n\nde vordering in recon \nventie tot nietigverkla \nring \n\nfrafalde et s\u00f8gsm\u00e5l, \nhvorved et europ\u00e6isk \nvarem\u00e6rke s\u00f8ges kendt \nugyldigt \nkontras\u00f8gsm\u00e5l om ugyldig= \nkendelse \n\n- 11 \n\nPE 64. 907 \n\n\faction (suite) \npar voie d'action re \nconventionnelle \n163,2 \n\nper via d'azione ricon- by counter-claim \nvenzionale \n\nles actions relatives \naux marques europ\u00e9ennes/ marchi europei/a mar-\n\u00e0 des marques nationales chi nazionali \n163,1 \n\nle azioni relative ai \n\nactions concerning \nEuropean trade marks/ \nfor national trade \nmarks \n\nconna\u00eetre, en derni\u00e8re \ninstance, des actions \nrelatives aux marques \neurop\u00e9ennes \n4 \n\nessere competente in \nultima istanza per le \nazioni relative ai \nmarchi europei \n\nto deal, in the final \ninstance, with actions \nrelating to European \ntrade marks \n\ndiriger une action \ncontre \n129,2 \n\nintenter/engager une \naction \n20 \n\nproporre un'azione nei to file an application \nconfronti di \n\nagainst \n\nproporre un'azione \n\nto bring an action \n\nintenter une action con- proporre un'azione con \njointement avec le ti- giuntamente al titolare \ntulaire de la marque \n172,2 \n\ndel marchio \n\nto institute proceedings \njointly with the pro \nprietor of the mark \n\nintenter des actions \n\u00e0 1'encontre de marques \ncollectives nationales \n175 \n\nproporre azioni nei \nconfronti di marchi \nnazionali collettivi \n\nto bring actions with \nrespect to national \ncollective marks \n\ns'associer a une action \nintent\u00e9e par le titu \nlaire de la marque \n172,2 \n\nassociarsi a un'azione \nproposta dal titolare \ndel marchio \n\nto join the proprietor \nof the mark in an action \n\nintervenir dans une \naction intent\u00e9e contre \nle titulaire de la mar \nque \n172,2 \n\nl'introduction de \nl'action \n130,3 \n\nintervenire nel giudi \nzio proposto contro il \ntitolare del marchio \n\nto intervene in an action \nbrought against the pro \nprietor of the mark \n\nla proposizione dell'a \nzione \n\nfiling of the applica \ntion \n\ninformer le licenci\u00e9 \nde l'introduction de \nl'action \n130,3 \n\ninformare il titolare \ndella licenza dell'av \nvenuta proposizione \ndell' azione \n\nto notify the licensee \nabout the filing of \nthe application \n\njuger l'action irrece \nvable ou manifestement \nnon fond\u00e9e \n159,2 \n\ndichiarare 1'irricevibi-\nlit\u00e0 o la manifesta \ninfondatezza dell'azio \nne \n\nto consider the claim as \ninadmissible or obviously \nill founded \n\nadministration \n1'administration \n61,1 \n\ngli organi amministra \ntivi \n\nadministration \n\n12 \n\nPE 64. 907 \n\n\fim Wege der Widerklage \n\ndoor een vordering in \nreconventie \n\nved kontras\u00f8gsm\u00e5l \n\n4 -5 \n\nKlagen, die europ\u00e4ische \nMarken betreffen/die na= \ntionale Marken betreffen \n\nvorderingen betreffende \nEuropese merken/vorde \nringen ten aanzien van \nnationale merken \n\ns\u00f8gsm\u00e5l, som ang\u00e5r euro= \np\u00e6iske varem\u00e6rker/ang\u00e5= \nende nationale varem\u00e6rker \n\nf\u00fcr die Entscheidung \u00fcber \nKlagen, die europ\u00e4ische \nMarken betreffen, in \nletzter Instanz zust\u00e4ndig \nsein \n\nbevoegd zijn om in hoog- afg\u00f8re sager vedr\u00f8rende \nste aanleg kennis te \nnamen van rechtsvorderin- som sidste instans \ngen met betrekking tot \nde Europese merken \n\neurop\u00e6iske varem\u00e6rker \n\neine Klage gegen. richten \n\neen vordering instellen \ntegen. s\u00f8gsm\u00e5let rettes mod \n\neine Klage erheben \n\neen rechtsvordering \ninstellen \n\nanl\u00e6gge sag \n\ngemeinsam mit dem Marken= \ninhaber auftreten \n\nKlagen hinsichtlich na= \ntionaler Kollektivmarken \nerheben \n\ntezamen met de recht \nhebbende op het merk \neen rechtsvordering in \nstellen \n\nvorderingen met betrek \nking tot nationale col \nlectieve merken instel \nlen \n\noptr\u00e6de i f\u00e6llesskab \nmed f\u00e6llesm\u00e6rkets inde= \nhaver \n\nanl\u00e6gge s\u00f8gsm\u00e5l vedr\u00f8rende \nnationale f\u00e6llesm\u00e6rker \n\nzieh in een door de \nsich einer Klage des \nMarkeninhabers anschlie\u00dfen rechthebbende op het \n\nmerk ingesteld geding \nvoegen \n\ntilslutte sig et af \nindehaveren (af et euro= \np\u00e6isk varem\u00e6rke) anlagt \ns\u00f8gsm\u00e5l \n\neiner Klage gegen den \nMarkeninhaber beitreten \n\nin een tegen de recht- \nhebbende op het merk in- f\u00e6llesm\u00e6rkets indehaver \ngestelde rechtsvordering anlagt s\u00f8gsm\u00e5l \ntussenbeide komen \n\nintervenere i et mod \n\ndie Erhebung der Klage \n\nhet indienen van de \nvordering \n\n(anl\u00e6ggelse af) s\u00f8gsm\u00e5l \n\nden Lizenznehmer von \nder Erhebung der Klage \nunterrichten \n\nde licentienemer in ken \nnis stellen van het in \ndienen van de vordering \n\nunderrette licenshaveren \nom s\u00f8gsm\u00e5let \n\ndie Klage als unzul\u00e4ssig \noder offensichtlich un= \nbegr\u00fcndet erachten \n\nde vordering niet ont \nvankelijk of kennelijk \nongegrond achten \n\nanse s\u00f8gsm\u00e5let for util= \nstedeligt eller \u00e5benbart \nubegrundet \n\ndie Beh\u00f6rde \n\nde overheidsinstanties \n\nadministrative myndigheder \n\n- 13 -\n\nPE 64. 907 \n\n\f6. agent \n\nl'agent (d'un tiers) \n12,3 \n\nagissement \njustifier de ses agis \nsements \n12,3 \n\n8. amende \n\ninfliger une amende \n140,4 \n\n1'agente \n\nagent \n\ngiustificare il suo \ncomportamento \n\nto justify his action \n\ncomminare ammende/ \ncomminare un'ammenda \n\nto impose a fine \n\namiable \ns'entendre \u00e0 \nM 8/76 - 37 \n\nl'amiable \n\nraggiungere un'amiche \nvole composizione del \nla controversia \n\nto procure an amicable \nsettlement \n\n10. annulation \n\nla chambre des annula- la commissione degli \ntions \n32,3-49-50. 3-51,3-52,3-54-133,1,4-134,1,2-136,1-137,1,2,3,4-140,2,3,4-\n150,1,2,3 \n\nRevocation Board \n\nannullamenti \n\nla chambre des annula- la commissione degli \ntions statue elle-m\u00eame annullamenti decide \n137,3 \n\nessa stessa \n\nthe Revocation Board \nwill decide the case \nitself \n\nla chambre des annula \ntions peut statuer con \nform\u00e9ment \u00e0 la demande \n137,4 \n\nla commissione degli \nannullamenti pu\u00f2 pro \nnunciarsi conformemente \nalla domanda \n\nthe Revocation Board may \ndecide on the application \n\nla d\u00e9cision de la \nchambre des annulations \n137,6 - 138,1 \n\nla decisione della com \nmissione degli annul \nlamenti \n\ndecision of/by the \nRevocation Board \n\nla d\u00e9cision de la \nchambre des annulations \ndoit \u00eatre motiv\u00e9e \n137,6 \n\nla decisione della com- the decision of the \nmissione degli annulla- Revocation Board shall \nmenti deve essere mc\u2014 \ntivata \n\nstate the grounds on \nwhich it is based \n\nla d\u00e9cision de la cham \nbre des annulations \nstatuant sur un appel \n138,1 \n\nla decisione della com \nmissione degli annulla \nmenti in ordine all'ap \npello \n\ndecision by the Revoca \ntion Board pronouncing \nupon an appeal \n\nle greffe de la cham \nbre des annulations \n150,2 \n\nla cancelleria della \ncommissione degli an \nnullamenti \n\nClerk to the Revoca \ntion Board \n\nles instances d'annu \nlation \nM 8/76 - 101 \n\nle istanze competenti \nper la pronuncia della \nnullit\u00e0 \n\ninvalidity procedures \n\n11. annuler \n\nannuler en tout ou en \npartie la d\u00e9cision \nattaqu\u00e9e \n137,3 \n\npronunciare la nullit\u00e0 \nparziale o totale della \ndecisione impugnata \n\nto rescind the appealed \ndecision in whole or \nin part \n\n14 \n\nPE 64. 907 \n\n\fder Agent \n\nde lasthebber \n\nagent \n\n6 - 11 \n\nseine Handlungsweise \nrechtfertigen \n\nzijn handelwijze recht \nvaardigen \n\nretf\u00e6rdigg\u00f8re sin \nhandling \n\neine Geldbu\u00dfe verh\u00e4n= \ngen \ndie Erhebung einer \nGeldbu\u00dfe \n\neen geldboete opleggen \n\nikende en b\u00f8de \n\nsich g\u00fctlich einigen \n\neen minnelijke oplossing en mindelig ordning \nzoeken \n\ndie Nichtigkeitskammer \n\nde Nietigheidskamer \n\nannuilationskammer \n\ndie Nichtigkeitskammer \nentscheidet selbst \n\nde nietigheidskamer \ngeeft zelf een beslissing tr\u00e6ffer selv afg\u00f8relse \n\nannullationskammeret \n\ni sagen \n\ndie Nichtigkeitskammer \nkann entsprechend dem An= \ntrag entscheiden \n\nde nietigheidskamer kan \novereenkomstig de eis \nbeslissen \n\nannullationskammeret \nkan afg\u00f8re sagen efter \np\u00e5standen \n\ndie Entscheidung der \nNichtigkeitskammer \n\nde beslissing van de \nnietigheidskamer \n\nannullationskammerets \nafg\u00f8relse \n\ndie Entscheidung der \nNichtigkeitskammer ist \nmit Gr\u00fcnden zu versehen \n\nde beslissing van de \nnietigheidskamer moet \nmet redenen zijn omkleed begrundelse \n\nannullationskammerets af= \ng\u00f8reise skal ledsges af \n\ndie Entscheidung der \nNichtigkeitskammer, durch nietigheidskamer, waar \ndie \u00fcber eine Berufung \nentscheiden wird \n\nbij is beslist over een \nhoger beroep \n\nde beslissing van de \n\nannullationskammerets \nafg\u00f8relse i en appelsag \n\ndie Gesch\u00e4ftsstelle der \nNichtigkeitskammer \n\nde griffie van de nietig- annullationskammerets \nheidskamer \n\nsekretariat \n\ndie Nichtigkeitsinstanzen de nietigheidsinstanties annullationsinstansen \n\ndie angefochtene Ent= \nScheidung ganz oder teil= geheel of gedeeltelijk \nweise aufheben \n\nvernietigen \n\nde bestreden beslissing helt eller delvis oph\u00e6ve \n\nden p\u00e5klagede afg\u00f8relse \n\n- 15 -\n\nPE 64. 907 \n\n\f12. ant\u00e9riorit\u00e9 \n\nentreprendre une \nrecherche d'ant\u00e9riori\u00ad\nt\u00e9 \nM 8/76 \u00ad 103 \n\nintraprendere la \nricerca di eventuali \ndiritti anteriori \n\nto carry out a search \nfor prior rights \n\n13. appel \n\nl'appel est r\u00e9put\u00e9 \nnon avenu \n154,3 \n\nl'acte d'appel \n134,1 \n\nla d\u00e9cision sur l'ap\u00ad\npel \n137 \u03a4 \n\nle d\u00e9fendeur en appel \n134, 1,2 \u00ad 141,2 \n\nla presentazione \ndell'appello si ha \nper non avvenuta \n\nthe appeal is deemed not \nto have been made \n\nl'atto d'appello \n\nappeal \n\nla decisione sull'ap\u00ad\npello \n\ndecision in respect \nof the appeal \n\nil convenuto in appello respondent of the \n\nle demandeur en appel \n133,4 \u00ad 134,2 \n\nil richiedente \n1'appellante \n\nappeal \n\nappellant \n\nd\u00e9poser un appel \n154,3 \n\nfaire droit \u00e0 l'appel \n137,2,3 \n\nl'expos\u00e9 des motifs \nd'appel \n134,1 \n\npresentare un appello to lodge an appeal \n\naccogliere l'appello to grant/allow the \n\nappeal \n\nla motivazione dell'ap\u00ad grounds of the appeal \npello \n\nmotiver un appel \n141,2 \n\nla motivazione dell'ap\u00ad to file the grounds \npello of an appeal \n\nla proc\u00e9dure d'appel \n133,5 \u00ad 138,2a \n\nil procedimento d'ap\u00ad\npello \n\nappeal proceedings/ \nprocedure \n\nles frais de la pro\u00ad\nc\u00e9dure d'appel \n150 \n\nla r\u00e9partition des \nfrais de la proc\u00e9dure \nd'appel \n150,1 \n\nviolation des regles \nde la proc\u00e9dure d'ap\u00ad\npel ou des formes de \ncaract\u00e8re substantiel \n138,2a \n\nle spese del procedi\u00ad\nmento d'appello \n\ncosts of the appeal \nproceedings \n\nla ripartizione delle apportionment of costs \nspese del procedimento of the further appeal \nd'appello proceedings \n\nviolazione di norme del violation of essential \nprocedimento d'appello formal and procedural \no di formativi aventi rules of appeal \ncarattere sostanziale \n\nrejeter un appel comme \nnon fond\u00e9 \n137,2 \n\nrigettare un appello \ndichiarandone l'infon\u00ad\ndatezza \n\nto reject an appeal \nas unfounded \n\nrejeter un appel comme \nnon recevable \n137. 1 \n\nrigettare un appello \ndichiarandone l'irri\u00ad\ncevibilit\u00e0 \n\nto reject an appeal as \ninadmissible \n\n16 \n\nPE 64. 907 \n\n\feine Recherche nach \n\u00e4lteren Rechten vornehmen oudere rechten doen \n\neen onderzoek naar \n\nplaatsvinden \n\n12 - 13 \n\nforetage efterforskning \nmed hensyn til \u00e6ldre ret= \ntigheder \n\ndie Berufung gilt als \nnicht eingereicht \n\nhet hoger beroep wordt \ngeacht niet te hebben \nplaatsgevonden \n\nbeg\u00e6ringen anses for \nikke indgivet \n\ndie Berufungsschrift \n\nhet beroepschrift \n\nappelbeg\u00e6ring \n\ndie Entscheidung \u00fcber die de beslissing over het \nBerufung \n\nhoger beroep \n\nafg\u00f8relse i appelsager \n\nder Berufungsbeklagte \n\nde ge\u00eentimeerde \n\nden appelindst\u00e6vnte \n\nder Berufungskl\u00e4ger \n\n- hij die app\u00e8l aantekent appellanten \n- de appellant \n\neine Berufung einreichen \n\neen hoger beroep instel- indgive appelbeg\u00e6ring \nlen \n\nder Berufung stattgeben \n\nhet hoger beroep is ge- im\u00f8dekomme appelbeg\u00e6= \ngrond \n\nringen \n\ndie Berufungsbegr\u00fcndung \n\nde voor het hoger beroep appellens begrundelse \naangevoerde gronden \n\ndie Begr\u00fcndung einer Be= \nru fung \n\neen hoger beroep met \nredenen omkleden \n\nafgivelse af begrundelse \nfor appel \n\ndas Berufungsverfahren \n\nde beroepsprocedure \n\nappelsagen \n\ndie Kosten im Berufungs= \nverfahren \n\nde kosten van de proce \ndure in hoger beroep \n\nappelsagens omkostninger \n\ndie Verteilung der Ko \nsten des Berufungsver= \nfahrens \n\nde verdeling van de kos \nten van de procedure in \nhoger beroep \n\nfordelingen af appel= \nsagens omkostninger \n\nVerletzung wesentlicher \nForm- oder Verfahrens= \nVorschriften des Beru= \nfungsver fahrens \n\nschending van wezenlijke kr\u00e6nkelse af v\u00e6sentlige \nbepalingen betreffende de form- eller procedure= \nprocedure of van wezen- \nlijke vormvoorschriften \n\nforskrifter under appel= \nsagen \n\neine Berufung als unbe= \ngr\u00fcndet zur\u00fcckweisen \n\neen beroep als ongegrond afsl\u00e5 beg\u00e6ringen som \nafwijzen \n\nubegrundet \n\neine Berufung als unzu= \nl\u00e4ssig verwerfen \n\neen beroep als niet ont- afvise appellen \nvankelijk afwijzen \n\n- 17 -\n\nPE 64. 907 \n\n\f13. appel (suite) \n\nretirer l'appel \n150,1 \n\n\u00eatre comp\u00e9tent pour \nstatuer sur les appels \ncontre. 54,1 \n\n14. apposition \n\nil ritiro dell'ap \npello \n\nto withdraw the appeal \n\ndecidere in merito agli \nappelli contro. to be responsible for \ndeciding on appeal from \n\nlorsque l'apposition \nde la marque est impoe- apporre il marchio \nsible \nM 8/76 - 127 \n\n(sui prodotti) \n\nquando non \u00e8 possibile \n\nl'apposition de la \nmarque prot\u00e9g\u00e9e sur \nle produit \nM 8/76 - 107 \n\nl'apposizione del mar \nchio registrato sulle \nmerci \n\nif it is impossible to \naffix the trade marks \nto the goods \n\nto affix the protected \ntrade mark upon the goods \n\n15. arrangement \n\nl'arrangement de \nMadrid concernant \nl'enregistrement in \nternational des mar \nques de fabrique ou \nde commerce (1891) \nM 8/76 - 41 \n\nl'accordo di Madrid del \n1891 sulla registrazio= \nne internazionale di \nmarchi industriali e \ncommerciali \n\nthe Madrid Agreement of \n1891 on the international \nregistration of trade \nmarks \n\nl'arrangement de Nice \ndu 15 juin 1957, con \ncernant la classifica \ntion internationale des \nproduits et des servi \nces auxquels s'appli \nquent les marques de \nfabrique et de commer \nce \n54 \n\nl'accordo di Nizza del \n15 giugno 1957, relati \nvo alla classificazione \ninternazionale dei pro \ndotti e dei servizi ai \nquali si applicano i \nmarchi di fabbrica e \ndi commercio \n\ninternational classifica \ntion for goods and services \nfor industrial and commer \ncial trade marks as desig \nnated in the Nice Convention \nof 15 June 1957 \n\n16. article \n\nl'article de marque \nM 8/76 - 11 \n\n17. assignation \n\nl'articolo provvisto \ndi marchio \n\nbranded good \n\nune assignation en bon- essere regolarmente \nne et due forme \n140,4 \n\ncitati \n\nservice of a summons in \nproper form \n\n18. assise \n\nl'assise territoriale \ndu droit des marques \nM 8/76 - 26 \n\n19. association \n\nla limitazione dell'ef \nficacia territoriale \ndel marchio \n\nterritorial limits \nof national trade mark \nlaw \n\nAssociation internatio- Associazione Interna \nnale pour la protection zionale per la Prote \nde la propri\u00e9t\u00e9 indu- zione della Propriet\u00e0 \nstrielle (AIPPI) \nM 8/76 - 73 \n\nIndustriale (AIPPI) \n\nInternational Association \nfor the Protection of \nIndustrial Property \n(AIPPI) \n\n18 \n\nPE 64. 907 \n\n\fdie Berufung zur\u00fccknehmen het hoger beroep in \n\ntrekken \n\n13 - 19 \n\nfrafalde appellen \n\nf\u00fcr die Entscheidung \u00fcber \nBerufungen gegen. zu= \nst\u00e4ndig sein \n\nuitspraak doen over elk \nberoep tegen. under. henh\u00f8rer af= \ng\u00f8relser i appelsager \n\nwenn es nicht m\u00f6glich \nist, die Marke auf der \nWare selbst anzubringen \n\nwanneer het niet moge \nlijk is, het merk (op \nde waar) aan de brengen \n\nn\u00e5r anbringelse af \nm\u00e6rket ikke er mulig \n\ndas Anbringen der ge= \nsch\u00fctzten Marke auf der \nWare \n\nhet aanbrengen van het \nbeschermde merk op het \nprodukt \n\nanbringelsen af det \nbeskyttede m\u00e6rke p\u00e5 \nvaren \n\ndas Madrider Abkommen \n\u00fcber die internationale \nRegistrierung von Fabrik \noder Handelsmarken (1891) \n(MMA) \n\nde overeenkomst van \nMadrid betreffende de \ninternationale inschrij \nving van fabrieks- of \nhandelsmerken van 1891 \n(MMA) \n\nMadrid-konventionen af \n1891 om international \nregistrering af fabriks-\neller handelsm\u00e6rker \n\ndas Abkommen von Nizza \n\u00fcber die internationale \nKlassifikation von Waren \nund Dienstleistungen f\u00fcr \nFabrik- oder Handelsmar= \nken vom 15. Juni 1957 \n\nde Overeenkomst van Nice \nvan 15 Juni 195 7 betref \nfende de internationale \nclassificatie van de wa \nren en diensten waarop \nfabrieks- of handelsmer \nken betrekking hebben \n\nNice-arrangementet af \n15. juni 1957 vedr\u00f8rende \nklassificering af varer \nog tjenesteydelser til \nbrug ved registrering \naf varem\u00e6rker \n\nder Markenartikel \n\nhet merkartikel \n\nm\u00e6rkevarer \n\neine ordnungsgem\u00e4\u00dfe \nLadung \n\nbehoorlijk oproepen \n\nlovlig indkaldelse \n\ndie territoriale Be= \ngrenzung des Markenrechts \n\nde territoriale beperking varem\u00e6rkets territoriale \nvan het merkenrecht \n\nbegr\u00e6nsning \n\nInternationale Vereini= \ngung f\u00fcr gewerblichen \nRechtsschutz (AIPPI) \n\nInternationale vereni- \nging tot bescherming \nvan de industri\u00eble eigen- industrielle ejendomsret \ndom (AIPPI) \n\ninternational forening \ntil beskyttelse af den \n\n(AIPPI) \n\n19 \n\nPE 64. 907 \n\n\f20. atteinte \n\nne pas porter atteinte \n\u03b1 \u00b7 \u00b7 \u00b7 \n6 \u00ad7 \n\n21. attribution \n\nd\u00e9l\u00e9guer ses attribu\u00ad\ntions \n31,h \n\n22. audition \n1'audition \n85 \u00ad 97 \u00ad 136 (T) \n\nl'audition des parties \n148,1 \n\nnon pregiudicare \n\nto be without prejudice \nto. delegare i propri \npoteri \n\nto delegate these \nfunctions \n\nl'audizione personale \n\nhearing \noral proceedings \n\nl'audizione delle parti to hear the parties \n\nl'audition est publique \ndevant les chambres de \nrecours et devant les \nchambres des annula\u00ad\ntions \n145,2 \n\nla trattazione orale \u00e8 the hearings before \npubblica nel procedi\u00ad the Boards of Appeal and \nmento davanti alle com\u00ad before the Revocation \nmissioni dei ricorsi e Boards are public \ndavanti alle commissioni \ndegli annullamenti \n\nles auditions devant. ne sont pas pub\u00ad\nliques \n145,1 \n\nla date de l'audition \n85,2 \n\nle udienze di. sono pubbliche \n\nthe hearings before \nare not public \n\nla data dell'audizione date of the hearing \n\nstatuer sur le recours/ \u00ad decidere in merito \nsur la requ\u00eate sans au\u00ad\ndition \n148,4 \u00ad 149,4 \u00ad 150,3 \n\n\u00ad decidere in merito hearing \n\nal ricorso senza sen\u00ad tion/on the appeal/upon \ntire la parte the request without a \n\nto decide on the applica\u00ad\n\nall' istanza senza \nsentire la parte \n\n23. autonomie \n\u00eatre dot\u00e9 de 1'autono\u00ad\nmie administrative et \nfinanci\u00e8re \n26,1 \n\n1'autonomie de la \nmarque communautaire \nM 8/76 \u00ad 63 \n\nessere dotato di auto\u00ad\nnomia amministrativa \ne finanziaria \n\nto be endowed with admini\u00ad\nstrative and financial \nautonomy \n\nl'autonomia del marchio \ncomunitario \n\nautonomous character \nof the EEC trade mark \n\nles principes de l'uni\u00ad i principi dell'unifor\u00ad\nt\u00e9 et de l'autonomie mit\u00e0 e dell'autonomia \nde la marque communau\u00ad del marchio comunitario \ntaire \nM 8/76 \u00ad 54 \u00ad 63 \n\nunitary and autonomous \ncharacter of the EEC trade \nmark \n\n24. autorit\u00e9 \n\nles autorit\u00e9s comp\u00e9\u00ad\ntentes \n47,1 \n\nexercer l'autorit\u00e9 \nhi\u00e9rarchique sur le \npersonnel \n31. e \n\nle autorita competenti competent authorities \n\nesercitare il potere di to exercise supervisory \ncontrollo gerarchico authority over the \nsul personale personnel \n\n\u00ad 20 \n\nPE 64. 907 \n\n\funber\u00fchrt lassen \n\nonverlet laten \n\nikke indskr\u00e6nke/begr\u00e6nse \n\n20 - 24 \n\nseine Befugnisse \u00fcber= \ntragen \n\nzijn bevoegdheden de \nlegeren \n\noverdrage sine bef\u00f8jelser \n\ndie Anh\u00f6rung \n\nhet horen van partijen \n\nafh\u00f8ring \n\ndie Anh\u00f6rung der Be= \nteiligten \n\nhet horen van partijen \n\nafh\u00f8ring af parterne \n\ndie Anh\u00f6rung ist vor den \nBeschwerdekammern und \nvor den Nichtigkeitskam= \nmern \u00f6ffentlich \n\nde kamers van beroep en afh\u00f8ringen ved appel= \nde nietigheidskamers \nhoren partijen in het \nopenbaar \n\nkamrene og ved annulla= \ntionskamrene er offent= \nlig \n\ndie Anh\u00f6rung vor \nnicht \u00f6ffentlich \n\nist het horen van partijen \n\nvoor. geschiedt niet \nin het openbaar \n\nafh\u00f8ringen ved. er \nikke offentlig \n\nder Zeitpunkt der An= \nh\u00f6rung \n\nhet tijdstip van het \nhoren \n\ntidspunktet for af= \nh\u00f8ringen \n\n\u00fcber die Beschwerde/\u00fcber \nden Antrag ohne Anh\u00f6rung \nentscheiden \n\n- over het beroep be- \n\ntr\u00e6ffe afg\u00f8relse om \nslissen zonder partijen appellen/beg\u00e6ringen \nte horen \n\nuden afh\u00f8ring \n\n- over/omtrent het ver \n\nzoek beslissen zonder \npartijen te horen \n\nmit verwaltungsm\u00e4\u00dfiger \nund finanzieller Selb= \nst\u00e4ndigkeit \n\nmet administratieve en \nfinanci\u00eble zelfstandig \nheid \n\nmed administrativ og \nfinansiel selvst\u00e6ndig= \nhed \n\ndie Autonomie der EWG-\nMarke \n\nde autonomie van het \nEEG-merk \n\nEF-m\u00e6rkets autonomi \n\ndie Grunds\u00e4tze der Ein= \nheitlichkeit und der \nAutonomie der EWG-Marke \n\nde principes van unici \nteit en autonomie van \nhet EEG-merk \n\nEF-m\u00e6rkets enhedskarak= \nter og autonomi \n\ndie zust\u00e4ndigen Beh\u00f6rden \n\nde bevoegde instanties \n\nde kompetente myndig= \nheder \n\ndie Dienstaufsicht \u00fcber \ndas Personal aus\u00fcben \n\nin hi\u00ebrarchisch verband \nhet gezag over het per \nsoneel uitoefenen \n\nf\u00f8re det overordnede \ntilsyn med personalet \n\n21 -\n\nPE 64. 907 \n\n\f24. 25. (suite) \n\na u t o r i t\u00e9 \nl ' a u t o r i t\u00e9 n a t i o n a le \n60 (T) - 62. 2 \n\navoir \nd \u00e9 t e n ir des avoirs \nd i s p o n i b l es ou mobi \nl i s a b l es \n47. 1 \n\nl'autorit\u00e0 nazionale \n\nnational authority \n\ndetenere fondi disponi \nbili o realizzabili \n\nto possess realizable \nor liquid assets \n\nle t r a n s f e rt d ' a v o i rs \n47 (T) \n\nil trasferimento di \nfondi \n\ntransfer of assets \n\n26. 27. ayant cause \nl ' a y a nt cause (du d\u00e9 \nfendeur) \n20 - 68,1 \n\nbanque \nla banque d'\u00e9mission \n47,2 \n\n28. bien \n\nacqu\u00e9rir ou ali\u00e9ner \ndes biens immobiliers \net mobiliers \n27. 2 \n\n29. bilan \n\ncommuniquer un bilan \nfinancier d\u00e9crivant \nl'actif et le passif \n45,3 \n\nsoumettre les comptes \net le bilan financier \n31,2d \n\n30. budget \n\nle budget doit \u00eatre \n\u00e9quilibr\u00e9 en recettes \net en d\u00e9penses \n38,2 \n\nle budget provisoire \n43 (T) \n\nl'avente causa \n\nassignee \nsuccessor in title \n\nla banca di emissione \n\nbank of issue \n\nacquistare o alienare \nbeni immobili e mobili of movable and immovable \n\nto acquire or dispose \n\nproperty \n\ncomunicare un bilancio to communicate a balance \nsheet showing the assets \nfinanziario che espone \nand liabilities \nl'attivo e il passivo \n\nsottoporre i conti e \nto submit the accounts \nil bilancio finanziario and the balance sheet \n\nnel bilancio, le entrate the budget shall be \ne le spese devono risul- balanced as between income \ntare in pareggio \n\nand expenditure \n\nl'esercizio provvisorio provisional budget \n\nl'adoption du budget \n42 (T) \n\nl'approvazione del \nbilancio \n\nadoption of the budget \n\narr\u00eater le budget \n42 \n\n1'\u00e9tablissement du \nbudget \n48 \n\napprovare il bilancio \n\nto vote the budget \n\nl'elaborazione del \nbilancio \n\nestablishment of the \nbudget \n\nex\u00e9cuter le budget \n44,1 \n\ncurare l'esecuzione del to implement the budget \nbilancio \n\nl'ex\u00e9cution du budget \n44 (T) - 48 \n\nl'esecuzione del bilan- budget implementation \ncio \n\n22 \n\nPE 64. 907 \n\n\fdie nationale Beh\u00f6rde \n\nde nationale autoriteit \n\nden nationale myndighed \n\n24 - 30 \n\nverf\u00fcgbare oder fl\u00fcssige gelden beschikbaar heb^ r\u00e5de over disponible og \nGuthaben \n\nlikvide midler \n\nben of beschikbaar \nmaken \n\ndie Transferierung von \nGuthaben \n\nde omzetting van gelden transferering af til= \n\ngodehavender \n\nder Rechtsnachfolger \n\nde rechtverkrijgende \n\nsuccessor \n\ndie Notenbank \n\nde circulatiebank \n\nseddelbank \n\nbewegliches und unbeweg= \nliches Verm\u00f6gen erwerben \nund ver\u00e4u\u00dfern \n\nonroerende en roerende \ngoederen in eigendom \nverwerven of vervreemden \n\nerhverve og afh\u00e6nde \nl\u00f8s\u00f8re og fast ejendom \n\neine \u00dcbersicht \u00fcber das \nVerm\u00f6gen und die Schulden van de activa en de pas- over aktiver og passiver \nmitteilen \n\neen financi\u00eble balans \n\nudlevere en oversigt \n\nsiva doen toekomen \n\ndie Rechnungen und die \n\u00dcbersicht \u00fcber das Ver= \nm\u00f6gen vorlegen \n\nde rekeningen en de \nfinanci\u00eble balans voor \nleggen \n\nforel\u00e6gge driftsregnskab \nog status \n\nder Haushaltsplan ist in \nEinnahmen und Ausgaben \nauszugleichen \n\nde ontvangsten en uit \ngaven van de begroting \nmoeten met elkaar in \nevenwicht zijn \n\ni budgettet skal ind= \nt\u00e6gter og udgifter \nbalancere \n\nder Vorgriff \n\nde voorlopige begroting \n\nforel\u00f8bigt budget \n\ndie Feststellung des \nHaushaltsplans \n\nde vaststelling van de \nbegroting \n\nbudgettets vedtagelse \n\nden Haushaltsplan fest= \nstellen \n\nde begroting vaststellen vedtage budgettet \n\ndie Aufstellung des \nHaushaltsplans \n\nde opstelling der be \ngroting \n\nopstilling af budgettet \n\nden Haushaltsplan aus= \nf\u00fchren \n\nde begroting uitvoeren \n\nbringe budgettet til \nudf\u00f8relse \n\ndie Ausf\u00fchrung des Haus= \nhaltsplans \n\nde uitvoering van de \nbegroting \n\n- budgettets gennemf\u00f8relse \n- gennemf\u00f8relse af bud= \n\ngettet \n\n- 23 -\n\nPE 64. 907 \n\n\f30. budget (suite) \n\ninscrire au budget \n38,1 \n\niscrivere nel bilancio to show in the budget \n\nles op\u00e9rations du bud \nget \n45,3 \n\nle operazioni di bilan- budget \ncio \n\npr\u00e9parer et ex\u00e9cuter \nle budget \n31,2 c \n\npreparare il bilancio to prepare and implement \ne provvedere alla sua the budget \nesecuzione \n\nle projet de budget \n41 (T) \n\n31. bulletin \n\nle Bulletin europ\u00e9en \ndes marques \n29,5 - 58, a -69,3 -\n78. 4 - 83,3 - 88 - 90 \n\npublier au Bulletin \neurop\u00e9en des marques \n88 - 102 - 107 - 108,3 \n\nil progetto di bilancio draft budget \n\nil Bollettino europeo European Trade Mark \ndei marchi \n\nJournal \n\n- pubblicare nel Bol \n\nlettino europeo dei \nmarchi \n\n- figurare nel Bollet \ntino europeo dei \nmarchi \n\nto publish in the \nEuropean Trade Mark \nJournal \n\nl'enregistrement est \npubli\u00e9 au Bulletin \neurop\u00e9en des marques \n88 \n\nla registrazione e \npubblicata nel Bollet \ntino europeo dei mar \nchi \n\nthe entry shall be \npublished in the European \nTrade Mark Journal \n\nles indications a \npublier au Bulletin \neurop\u00e9en des marques \n107 \n\nle indicazioni che \ndevono figurare nel \nBollettino europeo \ndei marchi \n\nthe details to be published \nin the European Trade \nMark Journal \n\n32. but \n\nau cas o\u00f9 la marque \nprot\u00e9g\u00e9e est utilis\u00e9e \na titre de r\u00e9f\u00e9rence ou \ndans d'autres buts \nd\u00e9loyaux \nM 8/76 \n\nnell'ipotesi in cui il \nmarchio protetto viene \nutilizzato a scopo \nimitativo o per altri \nscopi illeciti \n\nin the case where the \nprotected trade mark \nis used for the purpose \nof attaching references \nor making comparisons \nfor other unfair purposes \n\n33. cachet \n\nle cachet \n8,1 \n\n34. capacit\u00e9 \n\nil sigillo \n\nseal \n\nexercer la capacit\u00e9 \njuridique de. 27,3 \n\nesercitare le facolt\u00e0 \nche rientrano nella \ncapacita giuridica \ndi. to exercise the legal \ncapacity of. poss\u00e9der la capacit\u00e9 \njuridique \n27,2 \n\n35. cautionnement \n\nd\u00e9poser le cautionne \nment \n133,4 \n\navere capacita giuri- to have the legal \ndica \n\ncapacity \n\n- il deposito della \n\nto deposit the security \n\ncauzione \n\n- depositare la cauzione \n\n24 -\n\nPE 64. 907 \n\n\fin den Haushaltsplan \neinsetzen \n\nin de begroting opnemen \n\npostere i budgettet \n\ndie Rechnungsvorg\u00e4nge \nde Haushaltsplans \n\nde uitvoering van de \nbegroting \n\nbudgettets poster \n\n30 - 35 \n\nden Haushaltsplan vor= de begroting ontwerpen \nbereiten und ausf\u00fchren \n\nen uitvoeren \n\nudarbejde budgettet og \nbringe dette til udf\u00f8relse \n\nder Entwurf des Haus= \nhaltsplans \n\nde ontwerp-begroting \n\nudkast til budgettet \n\ndas Europ\u00e4ische Marken= het Europese Merkenblad \nblatt \n\nDen Europ\u00e6iske Registrerings= \ntidende for Vare- og F\u00e6lles= \nm\u00e6rker \n\nim Europ\u00e4ischen Mar= \nkenblatt ver\u00f6ffentli= \nchen \nim Europ\u00e4ischen Mar= \nkenblatt bekanntmachen \n\nin het Europese merken \nblad openbaar maken \n\nbekendtg\u00f8re i Den Europ\u00e6iske \nRegistreringstidende for \nVare- og F\u00e6llesm\u00e6rker \n\ndie Eintragung wird im de inschrijving wordt \nEurop\u00e4ischen Markenblatt in het Europese merken \nblad openbaar gemaakt \nver\u00f6ffentlicht \n\nregistreringen bekendt= \ng\u00f8res i Den europ\u00e6iske \nRegistreringstidende for \nVare- og F\u00e6llesm\u00e6rker \n\ndie (im Europ\u00e4ischen \nMarkenblatt) zu ver= \n\u00d6ffentlichenden Angaben \n\nde gegevens die in het \nEuropese merkenblad \nmoeten worden openbaar \ngemaakt \n\nde oplysninger, der skal \noffentligg\u00f8res i Den euro= \np\u00e6iske Registreringstidende \nfor Vare- og F\u00e6llesm\u00e6rker \n\nin geval dat het be \nim Falle, in dem die \ngesch\u00fctzte Marke zur \nschermde merk wordt ge \nanlehnenden Bezugnahme bruikt voor aanhakende \noder zu sonstigen unlau= referentie of voor an-\nteren zwecken benutzt \nwird \n\ndere oneerlijke doelein-\nden \n\ni tilf\u00e6lde, hvor det be= \nskyttede m\u00e6rke benyttes \nsom falsk reklame eller \ntil andre uretm\u00e6ssige \nform\u00e5l \n\nder Stempel \n\nde stempel \n\nstempel. gerichtlich und \nau\u00dfergerichtlich ver= \ntreten. in en buiten rechte \nvertegenwoordigen \n\nrepr\u00e6sentere. og udenretligt \n\ninden-\n\nRechts- und Gesch\u00e4fts= \nf\u00e4higkeit besitzen \n\nhandelingsbekwaamheid \nhebben \n\nhave (den) adgang til at \nerhverve rettigheder og \nindg\u00e5 forpligtelser (der \ntilkommer juridiske personer) \n\ndie Sicherheit leisten \n\nzekerheid stellen \n\nstille sikkerhed \n\n25 \n\nPE 64. 907 \n\n\f35. cautionnement (suite) \n\nfournir un cautionnement prestare cauzione per \npour les frais de la le spese del procedi\u00ad\nproc\u00e9dure mento \n133,4 \n\nto furnish security for \nthe costs of the proceed\u00ad\nings \n\nle montant du cautionne\u00ad l'importo della cau\u00ad\nment \u03b6ione \n133,4 \n\namount of the security \n\n36. c\u00e9der \n\nla marque peut \u00eatre \nc\u00e9d\u00e9e \nM 8/76 \u00ad 148 \n\n37. cessation \n\nles actions en cessa\u00ad\ntion et en dommages\u00ad\nint\u00e9r\u00eats \nM 8/76 \u00ad 144 \n\nil marchio pu\u00f2 essere \ntrasferito \n\nthe trade mark may be \nassigned \n\nle inibitorie e le action for an \nazioni di risarcimento injunction and damages \n\n38. cession \n\nl'acte \n23. 3 \n\nde cession \n\nl'atto di cessione \n\nassignment document \n\n(le principe de)la libre \ncession de la marque \nM 8/76 \u00ad 142\u00ad143 \n\n(il principio del\u00ad) \nla libera trasferibi\u00ad\nlit\u00e0 dei marchi \n\n(the principle of) free \nassignment/assignability \nof trade marks \n\n39. cessionnaire \n\nle cessionnaire \nM 8/76 \u00ad 147 \n\n40. chambre \n\nil cessionario \n\nassignee \n\nla chambre des annula\u00ad la commissione degli \ntions annullamenti \n32,3 \u00ad 49 \u00ad 50. 3 \u00ad 51,3 \u00ad 52,3 \u00ad 54 \u00ad 133,1,4 \n137,1. 2,3,4 \u00ad 140,2,3,4 \n\nRevocation Board \n\n134,1,2 \u00ad 136,1 \u00ad\n\nla chambre des annula\u00ad\ntions statue elle\u00adm\u00eame \n137,3 \n\nla commissione degli \nannullamenti decide \nessa stessa \n\nthe Revocation Board will \ndecide the case itself \n\nla chambre des annula\u00ad\ntions peut statuer con\u00ad\nform\u00e9ment a la demande \n137,4 \n\nla commissione degli \nannullamenti pu\u00f2 \npronunciarsi conforme\u00ad\nmente alla domanda \n\nthe Revocation Board \nmay decide on the applica\u00ad\ntion \n\nla d\u00e9cision de la cham\u00ad\nbre des annulations \n137,6 \u00ad 138,1 \n\nla decisione della \ncommissione degli an\u00ad\nnullamenti \n\ndecision of/by the Revo\u00ad\ncation Board \n\nla d\u00e9cision de la \nchambre des annulations \ndoit \u00eatre motiv\u00e9e \n137,6 \n\nla decisione della com\u00ad the decision of the \nmissione degli annul\u00ad Revocation Board shall \nlamenti deve essere state the grounds on \nmotivata which it is based \n\nla d\u00e9cision de la cham\u00ad\nbre des annulations \nstatuant sur un appel \n138,1 \n\nla decisione della com\u00ad decision by the Revoca\u00ad\nmissione degli annul\u00ad tion Board pronouncing \nlamenti in ordine upon an appeal \nall'appello \n\n\u00ad 26 \u00ad\n\nPE 64. 907 \n\n\fwegen der Kosten des \nVerfahrens Sicherheit \nleisten \n\nzekerheid stellen voor \nde kosten van het geding sagens omkostninger \n\nstille sikkerhed for \n\n35 40 \n\ndie H\u00f6he der Sicherheit het bedrag van de \n\nzekerheid \n\nst\u00f8rrelsen af sikker= \nheden \n\ndie Marke kann \u00fcber= \ntragen werden \n\nhet merk kan worden \novergedragen \n\nvarem\u00e6rket kan overdrages \n\ndie Unterlassungs- und \nSchadensersatzklagen \n\nde verbods- en schade-\nvergoedingsacties \n\nundladelsess\u00f8gsm\u00e5l eller \nerstatningssager \n\nder \u00dcbertragungsvertrag de akte van overdracht \n\nkontakten om overdragelse \n\nhet principe van de \nder Grundsatz der \nfreien \u00dcbertragbarkeit vrije overdraagbaar \nhe id (van het merk) \nder Marke \n\nprincippet om fri over= \ndragelighed \n\nder Zessionar \n\nde cessionaris \n\nerhververen \n\ndie Nichtigkeitskammer \n\nde Nietigheidskamer \n\nannullationskammer \n\ndie Nichtigkeitskam= \nmer entscheidet selbst geeft zelf een beslissing tr\u00e6ffer selv afg\u00f8relse \n\nannullationskammeret \n\nde nietigheidskamer \n\ndie Nichtigkeitskammer \nkann entsprechend dem \nAntrag entscheiden \n\nde nietigheidskamer kan \novereenkomstig de eis \nbeslissen \n\nannullationskammeret \nafg\u00f8r sagen efter p\u00e5= \nstanden \n\ni sagen \n\ndie Entscheidung der \nNichtigke itskammer \n\nde beslissing van de \nnietigheidskamer \n\nannullationskammerets \nafg\u00f8relse \n\ndie Entscheidung der \nde beslissing van de \nNichtigkeitskammer ist nietigheidskamer moet \nmit Gr\u00fcnden zi versehen met redenen zijn omkleed af begrundelse \n\nannullationskammerets \nafg\u00f8relse skal ledsages \n\ndie Entscheidung der \nNichtigkeitskammer, \ndurch die \u00fcber eine Be= is beslist over een hoger \nrufung entschieden wird beroep \n\nde beslissing van de nie- annullationskammerets \ntigheidskamer, waarbij \n\nafg\u00f8relser i appelsager \n\n- 27 -\n\nPE 64. 907 \n\n\f40. chambre (suite) \n\nle greffe de la chambre \ndes annullations \n150,2 \n\nla cancelleria della \ncommissione degli \nannullamenti \n\nClerk to the Revocation \nBoard \n\nla chambre de recours/ \ndes recours \n32,3 \u00ad 49 \u00ad 50,3 \u00ad 51,3 \n140,2,3,4 \u00ad 149,1 \n\nla commissione dei \nricorsi \n\u00ad 52,3 \u00ad 53 \u00ad 95,2 \u00ad 96,1,2 \n\nBoard of Appeal \n\n97 \u00ad 98,1,2,3,4,5,6 \n\nla chambre de recours \nproc\u00e8de d'office \u00e0 \nl'examen des faits \n96,1 \n\nla camera dei ricorsi \nprocede d'ufficio \nall'esame dei fatti \n\nthe Board of Appeal shall \nexamine the facts on its \nown initiative \n\nla chambre des recours \nstatue sur le recours \nsans audition \n149,4 \n\nla commissione dei ri\u00ad the Board of Appeal shall \ncorsi decide in merito decide on the appeal \nal ricorso, senza sen\u00ad without a hearing \ntire la parte \n\nla d\u00e9cision de la \nchambre de recours doit \n\u00eatre motiv\u00e9e \n98,5 \n\nla decisione della com\u00ad thte decision of the \nmissione dei ricorsi Board of Appeal must \ndeve essere motivata state the reasons on \nwhich it is based \n\nla d\u00e9cision de la cham\u00ad la decisione della decision of the Board of \nbre de recours statuant commissione dei ricor\u00ad Appeal pronouncing upon \nsur un recours si in ordine al ricorso an appeal \n99,1 \n\nla d\u00e9cision rendue par \nla chambre de recours \n98,6 \n\nla decisione pronuncia\u00ad decision of the \nta dalla commissione Board of Appeal \ndei ricorsi \n\n41. chiffre \n\nle chiffre \n8,1 \n\n42. circulation \n\nil numero \n\nnumeral \n\nle principe de la libre il principio della li\u00ad\ncirculation des produits bera circolazione del\u00ad\nde marque le merci provviste di \nM 8/76 \u00ad 26 (\u03a4) marchio \n\nprinciple of the free \nmovement of branded \ngoods \n\n43. cl\u00e9 \n\nla cl\u00e9 de r\u00e9partition \n37,3 \u00ad 43,3 \n\nil criterio di ripar\u00ad\ntizione \n\nscale \n\n44. coexistence \n\nla coexistence des \ndroits des marques \ncommunautaires et na\u00ad\ntionaux \nM 8/76 \u00ad 66 \n\nla coexistence de deux \nmarques similaires ou \nidentiques \nM 8/76 \u00ad 30 \n\nla coesistenza degli coexistence of \nordinamenti nazionali national and community \ne di quello comunitario systems \n(in materia di marchi) \n\nla coesistenza di \nmarchi uguali o simili \n\ncoexistence of two \nsimilar or identical \ntrade marks \n\n28 \u00ad\n\nPE 64. 907 \n\n\fdie Gesch\u00e4ftsstelle der de griffie van de nie-\nNichtigkeitskammer \n\ntigheidskamer \n\nannullationskammerets \nsekretariat \n\n40 - 44 \n\ndie Beschwerdekammer \n\nde Kamer van Beroep \n\nappelkammer \n\ndie Beschwerdekammer \nerforscht den Sachver= \nhalt von Amts wegen \n\nde kamer van beroep \nonderzoekt de feiten \nambtshalve \n\nappelkammeret unders\u00f8ger \nex officio sagens fakta \n\ndie Beschwerdekammer \nentscheidet \u00fcber die \nBeschwerde ohne Anh\u00f6= \nrung \n\nde kamer van beroep \nbeslist over het beroep \nzonder partijen te horen \n\nappelkammeret tr\u00e6ffer \nafg\u00f8relse om appellen \nuden afh\u00f8ring \n\ndie Entscheidung der \nBeschwerdekammer ist \nmit Gr\u00fcnden zu versehen \n\nde beslissing van de \nkamer van beroep moet \nmet redenen zijn omkleed \n\nappelkammerets afg\u00f8relse \nskal ledsages af begrun= \ndelse \n\ndie Entscheidung der \nBeschwerdekammer, durch kamer van beroep, waar \ndie \u00fcber eine Beschwer= bij over een beroep \nuitspraak is gedaan \nde entschieden wird \n\nde beslissing van de \n\nden afg\u00f8relse, som appel= \nkammeret tr\u00e6ffer efter \nappel \n\ndie Entscheidung der \nBeschwerdekammer \n\nde beslissing van de \nkamer van beroep \n\nappelkammerets afg\u00f8relse \n\ndie Ziffer \n\nhet cij fer \n\ntal \n\nder Grundsatz des \nfreien Verkehrs von \nMarkenartikeln \n\nhet principe van het \nvrije verkeer van merk \nartikelen \n\nprincippet om frie vare= \nbev\u00e6gelser for m\u00e6rkevarer \n\nder Aufbringungsschl\u00fcs= de verdeelsleutel \nsel \n\nfordelingsn\u00f8gle \n\ndie Koexistenz von \nEWG- und nationalen \nMarken \n\nde co\u00ebxistentie van de \nbeide rechtskringen. communautaire en natio \nnale merkenrechten \n\nde to retsomr\u00e5ders sam= \neksistens (F\u00e6llesskabets \nvarem\u00e6rkeret og den natio= \nn\u00e5le varem\u00e6rkeret) \n\ndie Koexistenz von zwei de co\u00ebxistentie van ge \n\u00e4hnlichen oder \u00fcberein= lijke of soortgelijke \nstimmenden (gleichen) \nMarken \n\nmerken \n\nsameksistensen af ens \neller tilsvarende vare= \nm\u00e6rker \n\n- 29 \n\nPE 64. 907 \n\n\f45. commerce \n\nmettre dans le commerce \n(en circulation) \n17,1 - (17,2) \n\nimmettere in commercio \n(in circolazione) \n\nto market (goods) \n\n46. commercialisation \n\nla commercialisation \ndes produits et des \nservices \nM 8/76 - 13 \n\nla commercialisation \ndes produits d'utili \nsation et de consomma \ntion journali\u00e8res \nM 8/76 - 19 \n\n47. commissaire \n\nle commissaire aux \ncomptes \n45,1 \n\n48. commission \n\nla commission de con \ntr\u00f4le \n45,1,3 \n\nla distribuzione dei \nbeni e servizi \n\ndistribution of \ngoods and services \n\nla commercializzazione \ndegli articoli d'uso \ne consumo quotidiano \n\nmarketing of products \nfor daily use and con \nsumption \n\nil revisore dei conti auditor \n\nla commissione di con \ntrollo \n\nAudit Board \n\nla commission rogatoire la domanda di rogato-\n62 (T) \n\nria \n\nletters rogatory \n\n49. communication \n\nselon/suivant une com \nmunication publique \n5,2 \n\n- 68. 6 \n\nl\u00ebre \n\nsecondo una pubblica \ncomunicazione \n\naccording to/in accordance \nwith a public communique \n\n50. comp\u00e9tence \n\nla comp\u00e9tence ratione \nla competenza per ter-\nloci est d\u00e9termin\u00e9e par ritorio \u00e8 determinata \nle domicile profession- dal domicilio profes \nnel du. 128,2 \n\nsionale del. the competence ratione \nloci shall be determined \nby the place of business \nof. la comp\u00e9tence ratione \nloci des tribunaux \n128,2 \n\nla competenza per ter \nritorio delle autorit\u00e0 \ngiudiziarie \n\ncompetence ratione loci \nof the court \n\navoir comp\u00e9tence terri- essere competenti per \ntoriale et d'attribution materia e territorio \n156,1 - 163,1 \n\nto be competent ratione \nloci et ratione materiae \n\ndans les limites de \nleur comp\u00e9tences \n62,1 \n\n51. comp\u00e9tent \n\n\u00eatre comp\u00e9tent ratione \nmateriae \n128,1 \n52. complicit\u00e9 \n\nla complicit\u00e9 \n18 \n\nnei limiti delle \nrispettive competenze \n\nwithin the l i m i ts of \nt h e ir \n\nj u r i s d i c t i on \n\nessere competente per \nmateria \n\nto be competent \n\nil concorso \n\ncomplicity \n\n- 30 \n\nPE 6 4. 9 07 \n\n\fin Verkehr bringen \n\nin het verkeer brengen \n\nbringe i oms\u00e6tning \n\n45 - 52 \n\ndie Verteilung von \nG\u00fctern und Dienstlei= \nstungen \n\nde verdeling van goede \nren en diensten \n\nfordelingen af varer og \ntjenesteydelser \n\ndie Vermarktung der \nArtikel des t\u00e4glichen \nGe- und Verbrauchs \n\nhet in de handel bren \ngen van artikelen voor \ndagelijks ge- en ver \nbruik \n\nmarkedsf\u00f8ringen af varen \ntil daglig brug eller \nforbrug \n\nder Rechnungspr\u00fcfer \n\nde accountant \n\nrevisor \n\nder Kontrollausschu\u00df \n\nde controlecommissie \n\nkontroludvalg \n\ndas Rechtshilfeersuchen de rogatoire commissie \n\nanmodning om domstols= \nbistand \n\nnach einer Bekannt= \nmachung \n\nvolgens/blijkens een \nbekendmaking \n\ni henhold til en offent= \nlig bekendtg\u00f8relse \n\ndie \u00f6rtliche Zust\u00e4ndig= de relatieve bevoegdheid retten er kompetent fra \nkeit bestimmt sich nach wordt bepaald door het \ndem Gesch\u00e4ftssitz des. kantooradres van de. ten for sags\u00f8gte) har sit \n\ndet sted, hvor (repr\u00e6sentan= \n\ndie \u00f6rtliche Zust\u00e4ndig= de relatieve bevoegd-\nheid van de rechter \nkeit der Gerichte \nlijke instanties \n\nforretningssted \n\nretten er kompetent \n\n\u00f6rtlich und sachlich \nzust\u00e4ndig sein \n\nrelatief en absoluut be- v\u00e6re stedligt kompetent \nvoegd zijn \n\ninnerhalb ihrer Zu= \nst\u00e4ndigkeit \n\nbinnen de grenzen van \nhun bevoegdheid \n\ninden for deres kompetence= \nomr\u00e5de \n\nsachlich zust\u00e4ndig \nsein \n\nabsoluut bevoegd zijn \n\nv\u00e6re kompetent \n\ndie Teilnahme \n\nde deelneming \n\nmeddelagtighed \n\n31 \n\nPE 64. 907 \n\n\f5 3. comptable \n\nle contr\u00f4le de la re\u00ad\nsponsabilit\u00e9 des ordon\u00ad\nnateurs et comptables \n48 C \n\nil controllo della \nresponsabilit\u00e0 dei \nliquidatori e dei \ncontabili \n\nsupervision of the \nresponsibility of \ncashiers and accountants \n\n54. compte \n\nl'approbation des \ncomptes \n45 (\u03a4) \n\nla reddition des \ncomptes \n48 \n\nl'approvazione dei \nconti \n\nauditing of accounts \n\nla resa dei conti \n\nrendering of accounts \n\nsoumettre les comptes \net le bilan financier \n31,2 d \n\nsottoporre i conti e to submit the accounts \nil bilancio finan\u00ad and the balance sheet \nziario \n\nla v\u00e9rification des \ncomptes \n45,2 \n\nla verifica dei conti audit \n\n55. conc\u00e9der \n\nl'usage d'une marque cedere in uso un \nest conc\u00e9d\u00e9 par con\u00ad marchio mediante con\u00ad\ntrat a un tiers (licence) tratto (licenza) \nM 8/76 \u00ad 149 \n\n56. conciliation \n\nl'instauration d'une l'introduzione di un \nproc\u00e9dure de concilia\u00ad procedimento arbitrale \ntion \nM 8/76 \u00ad 93 \n\na contractual agreement \ngiving a third party \nthe right to use a trade \nmark (licence) \n\nintroduction of a \nconciliation procedures \n\nla section de concilia\u00ad\ntion de l'Office com\u00ad\nmautaire des marques \nM 8/76 \u00ad 37 \n\nla cr\u00e9ation d'une sec\u00ad\ntion de conciliation \nM 8/76 \u00ad 99 \n\n57. concurrence \n\nla concurrence d\u00e9loya\u00ad\nle \n19 \n\nle droit de la concur\u00ad\nrence d\u00e9loyale \nM 8/76 \u00ad 108 \n\n58. condition \n\nla disparit\u00e9 des con\u00ad\nditions juridiques \nM 8/76 \u00ad 18 \n\nl'autorit\u00e0 arbitrale \ndell'ufficio dei mar\u00ad\nchi CEE \n\nConciliation Board \nof the EEC Trade Mark \nOffice \n\n1'istituzione di un \norgano arbitrale \n\ninstitution of a \nConciliation Board \n\nla concorrenza sleale unfair competition \n\nle norme sulla con\u00ad\ncorrenza sleale \n\nlaw of unfair \ncompetition \n\ni divergenti presuppo\u00ad\nsti giuridici \n\nlegal provisions vary \nsubstantially \n\n32 \u00ad\n\nPE 64. 907 \n\n\f53 - 58 \n\ndie Kontrolle \u00fcber die \nVerantwortung der an= \nweisungsbefugten Perso= \nnen und der Rechnungs= \nf\u00fchrer \n\nde controle op de ver-\nantwoordelijkhed van hen \ndie betalingsopdrachten \ngeven en van hen die de \nboekhouding voeren \n\nanvisningsberettigede per= \nsoners og regnskabsf\u00f8reres \nansvar og de dertil h\u00f8rende \nkontrol foranstaltninger \n\ndie Best\u00e4tigung der \nRechnung \n\nde goedkeuring van de \nrekeningen \n\ngodkendelse af regnskabet \n\ndie Rechnungslegung \n\nrekening en verant \nwoording afleggen \n\nregnskabsafl\u00e6ggelse \n\ndie Rechnungen und \ndie \u00dcbersicht \u00fcber das \nVerm\u00f6gen vorlegen \n\nde rekeningen en de \nfinanci\u00eble balans voor \nleggen \n\nforel\u00e6gge driftsregnskab \nog status \n\ndie Rechnungspr\u00fcfung \n\nde controle (van de \nrekeningen) \nde rekeningen nazien \n\nkontrollen (af) regn= \nskabet \n\neine Marke wird durch \nVertrag einem anderen \nzum Gebrauch \u00dcberlassen \n(Lizenz) \n\neen merk bij overeen \nkomst aan een ander in \ngebruik geven (licentie) \n\net varem\u00e6rke overlades \nved kontrakt en anden \ntil brug \n\ndie Einf\u00fchrung eines \nSchiedsverfahrens \n\nde invoering van een \narbitrale procedure \n\nindf\u00f8relse af en m\u00e6glings= \nprocedure \n\ndie Schiedsstelle des \nEWG-Markenamts \n\nde arbitrale instantie \nvan het EEG-merkenbureau \n\nEF-varem\u00e6rkemyndighedens \nm\u00e6glingsinstans \n\ndie Einrichtung einer \nSchiedsstelle \n\nde oprichting van een \nscheidsrechterlijke \ninstantie \n\noprettelsen af en m\u00e6g= \nlingsinstans \n\nder unlautere Wettbewerb de oneerlijke mede \n\nuretm\u00e6ssig konkurrence \n\ndinging \n\nRechtsvorschriften \u00fcber \nden unlauteren Wettbe \nwerb \n\nhet recht inzake oneer \nlijke concurrentie \n\nlovgivningen om illoyal \nkonkurrence \n\ndie unterschiedlichen \nrechtlichen Voraus= \nSetzungen \n\nde uiteenlopende juri \ndische voorwaarden \n\nforskelligartede retlige \nforuds\u00e6tninger \n\n- 33 -\n\nPE 64. 907 \n\n\f59. conflit \n\nle conflits de \nmarques \nM 8/76 - 27 - 133 \n\nentrer en conflit \navec. 80,3 \n\nle r\u00e8glement des con \nflits avec des marques \nnationales ant\u00e9rieures \nM 8/76 - 99 \n\nla solution des con-\nflits entre marques \ncommunautaires et mar \nques nationales \nM 8/76 - 99 \n\ni marchi in recipro \nco contrasto \nle controversie in \nmateria di diritto \ndei marchi \n\n- conflicts between trade marks \n- trade mark infringement \n\nactions \n\nentrare in conflitto \ncon. to infringe \n\nla risoluzione dei con \nflitti con i marchi \nnazionali anteriori \n\nresolving of con \nflicts with prior national \ntrade marks \n\nla risoluzione dei \nconflitti fra marchi \nCEE e marchi nazionali \n\nresolution of con \nflicts between EEC and \nnational trade marks \n\n60. confusion \n\nne pas \u00e9carter la pos \nsibilit\u00e9 de confusion \ndans la vie des affaires \n14. 2,iere v. non eliminare la pos \nsibilita di confusione \nnel campo dell'atti \nvit\u00e0 economica \n\na risk of confusion in \ncommerce exists \n\nla protection du con \nsommateur contre la \nconfusion,1'erreur et \nla tromperie \nM 8/76 - 25 \n\nla tutela del consu \nmatore da confusioni, \ninganni e frodi \n\nprotection of consumers \nfrom being confused, \nmisled and deceived \n\nle risque de confusion \nM 8/76 - 14 \n\nil pericolo di con \nfusione \n\nconfusion might arise \n\nles risques de confu \nsion, d' erreur et de \ntromperie \nM 8/76 - 17 \n\nconfusioni, inganni \ne frodi \n\nconfusion, deception and \nmisleading information \n\nexclure tout risque \nde confusion \nM 8/76 - 28 \n\nescludere (completa \nmente) un pericolo di \nconfusione \n\nto avoid the dangers \nof confusion \n\nla notion de \"risque \nde confusion\" \nM 8/76 - 38 \n\nil concetto di \"con-\nfondibilit\u00e0\" \n\nconcept of con \nfusingly similar trade \nmarks \n\n61. connexit\u00e9 \nune connexit\u00e9 \u00e9cono \nmique \u00e9troite entre les \nproduits \nM 8/76 - 153 \n\n62. constatation \n\nle d\u00e9p\u00f4t d'une demande \nen constatation \n162,10 \n\nla proc\u00e9dure de consta \ntation \n151 \n\nprodotti molto simili \ndal punto di vista \neconomico \n\nclosely related goods \n\nil deposito di una \nrichiesta di accerta \nmento \n\nil procedimento di \naccertamento \n\nreceipt of an application \nfor a declaration \n\ndeclaration proceedings \n\n- 34 \n\nPE 64. 907 \n\n\f- miteinander kolli= \ndierende Marken \n\nrende merken \n\n\u2014 der Markenrechtsstreit - het merkenrechtelijke \n\nproces \n\n- de onderling conflige-\n\n- varem\u00e6rker, der kolli= \n\n59 - 62 \n\nderer med hinanden \n\n- varem\u00e6rkeretlige tvister \n\nentgegenstehen (+ Dat. in strijd zijn met. v\u00e6re til hinder for \n\ndie L\u00f6sung von Konflik= de afbakeningsproblemen \nten mit \u00e4lteren natio= bij conflicten met andere med \u00e6ldre nationale \nnalen Marken \n\nnationale merken \n\nl\u00f8sningen af konflikter \n\nm\u00e6rker \n\ndie L\u00f6sung von Konflik= de oplossing van con \nten zwischen EWG-Marken flieten tussen EEG-\nund nationalen Marken \n\nmerken en nationale mer \nken \n\nl\u00f8sningen af konflikter \nmellem EF-m\u00e6rker og na= \ntionale m\u00e6rker \n\n(sofern) die Gefahr \neiner Verwechslung im \ngesch\u00e4ftlichen Verkehr \n(besteht) \n\nde mogelijkheid van ver \nwarring in het economi \nsche verkeer niet uit \nsluiten \n\n(for s\u00e5 vidt der) er \nmulighed for forveks= \nling i oms\u00e6tningen \n\nSchutz des Verbrauchers de bescherming van \nvor Verwechslung, Irre= de consument tegen Ver \nwarring en misleiding \nf\u00fchrung und T\u00e4uschung \n\nbeskytte forbrugeren \nmod forveksling, vild= \nledning og fejltagelse \n\ndie Gefahr der Ver= \nwechslung \n\nhet gevaar van ver \nwarring \n\nrisiko for forveksling \n\nVerwechslung, Irre= \nf\u00fchrung und T\u00e4uschung \n\nverwarring en mislei \nding \n\nforveksling, vildledning \neller fejltagelser \n\ndie Verwechslungsgefahr het gevaar voor ver \nausschlie\u00dfen \n\nwarring (volledig) uit \nsluiten \n\nudelukke en risiko for \nforveksling \n\nder Begriff der \"Ver= \nwechslungsf\u00e4higkeit\" \n\nhet begrip \"gevaar voor \nverwarring\" \n\nbegrebet \"forvekslelig= \nhed\" \n\nsich wirtschaftlich sehr economisch zeer gelijk-\nnahestehende Waren \n\nsoortige waren \n\nbrugsm\u00e6ssigt besl\u00e6gtede \nvarer \n\nder Eingang eines An= \ntrags auf Feststellung \n\nde ontvangst van een \nverzoek tot verklaring \n\ndas Feststellungsver= \nfahren \n\nde procedure tot ver-\nklaring voor recht \n\nans\u00f8gningens indgivelse \n(med henblik p\u00e5 aner= \nkendelsessag) \n\nanerkendeIsesprocedure \n\n- 35 -\n\nPE 64. 907 \n\n\f62. constatation (suite) \nles frais de la pro\u00ad\nc\u00e9dure de constatation \n151 \n\n63. construction \n\nla construction juri\u00ad\ndique d'une marque com\u00ad\nmunautair e \nM 8/76 \u00ad 8 \n\nle spese del provvedi\u00ad\nmento di accertamento \n\ncosts incurred in \ndeclaratory proceedings \n\nla strutturazione determination of the \ngiuridica di un marchio legal form for an EEC \nCEE trade mark \n\n64. contrat \n\nle contrat de licence \nM 8/76 \u00ad 129 \u00ad 150 \n\nil contratto di \nlicenza \n\nlicensing agreement \n\n65. contrefa\u00e7on \n\nla contrefa\u00e7on de la \nmarque europ\u00e9enne/d'une \nmarque europ\u00e9enne/d'une \nmarque nationale \n18\u00ad160 \n\nl'action en contrefa\u00e7on \n20, M 8/76 \u00ad 37 \u00ad 94 \u00ad\n121 \n\nl es a c t i o ns en c o n t r e\u00ad\nfa\u00e7on d'une marque euro\u00ad\np\u00e9enne/d'une marque na\u00ad\nt i o n a le \n1 5 6. 1\u00ad 157 \n\ni n t r o d u i re contre le \ndemandeur une action \nen contrefa\u00e7on \n162,8 \n\nla proc\u00e9dure en cas \nd ' a c t i on en contrefa\u00ad\n\u00e7on \n157 \n\n(\u03a4) \n\nr \u00e9 s e r v er l es a c t i o ns \nen contrefa\u00e7on des /de \nmarques europ\u00e9ennes \n\u00e0 un t r i b u n al n a t i o n al \ncomp\u00e9tent r a t i o ne \nmateriae \n128. 3 \u00ad 156,2 \n\nla contraffazione del \nmarchio europeo/di \nun marchio europeo/ \ndi un marchio nazio\u00ad\nnale \n\n\u00ad l'azione di contraf\u00ad\n\nfazione \n\n\u00ad la domanda per con\u00ad\n\ntraffazione \n\n\u00ad il giudizio per con\u00ad\n\ntraffazione \n\n\u00ad il procedimento per \n\ncontraffazione \n\nle a z i o ni di contraf\u00ad\nfazione di un marchio \neuropeo/di un marchio \nnazionale \n\ninfringement of the \nEuropean trade mark/a \nEuropean trade mark/ \na national trade mark \n\n\u00ad complaint \n\u00ad infringement action \n\u00ad infringement proceedings \n\na c t i o ns for infringement \nof/infringement a c t i o ns \nin r e s p e ct of a European \nt r a de mark \na c t i o ns for infringement \nof a n a t i o n al t r a de mark \n\nproporre nei confronti \nd e l l ' a t t o re un'azione \ndi contraffazione \n\nto i n s t i t u te infringement \nproceedings a g a i n st the \nperson making the request \n\nil procedimento per \nl ' a z i o ne di contraf\u00ad\nfazione \n\nprocedure in a c t i o ns \nfor infringement \n\nto r e f e r / r e m it a c t i o ns \nfor infringement of a \nEuropean t r a de mark to \na n a t i o n al court competent \nr a t i o ne materiae \n\na t t r i b u i re ad u n ' a u\u00ad\nt o r i t\u00e0 g i u d i z i a r ia \nnazionale competente \nper materia la com\u00ad\npetenza per le a z i o\u00ad\nni di contraffazione \ndei marchi europei \nrelativamente a l le \na z i o ni di contraf\u00ad\nfazione di un marchio \neuropeo, a t t r i b u i re \nla competenza ad un' \na u t o r i t\u00e0 g i u d i z i a r ia \nnazionale competen\u00ad\nte per materia \n\n36 \n\nPE 64. 907 \n\n\fdie Kosten des Fest= \nStellungsverfahrens \n\nde kosten van de pro \ncedure tot verklaring \nvoor recht \n\nomkostninger i forbin= \ndelse med anerkendelses= \nproceduren \n\n62 65 \n\ndie rechtliche Ausge= \nstaltung einer EWG-Mar= \nke \n\nde rechtsvorm van een \nEEG-merk \n\nEF-varem\u00e6rkets retlige \nudformning \n\nder Lizenzvertrag \n\nde licentieovereenkomst \n\nen licensaftale \n\ndie Verletzung einer \neurop\u00e4ischen Marke/ \neiner nationalen Marke \n\nde inbreuk op het Euro- kr\u00e6nkelse af det euro= \npese merk/op een Europees p\u00e6iske varem\u00e6rke/et \nmerk/op een nationaal \nmerk \n\neurop\u00e6isk varem\u00e6rke/ \net nationalt varem\u00e6rke \n\n- die Verletzungsklage \n- der Verletzungspro= \n\nzess \n\n- de (rechtsvordering we \n\ngens inbreuk op \n\n- het proces wegens in \n\n- das Verletzungsver= \n\nbreuk \n\nfahren \n\n- de schendingsprocedure \n\n- s\u00f8gsm\u00e5l om \n- sag om \nkr\u00e6nkelse \n\nKlagen wegen Verletzung \neiner europ\u00e4ischen \nMarke/einer nationalen \nMarke \n\nde vorderingen inzake \ninbreuk op een Europees \nmerk/op een nationaal \nmerk \n\ns\u00f8gsm\u00e5l om kr\u00e6nkelse af \net europ\u00e6isk varem\u00e6rke/ \net nationalt varem\u00e6rke \n\neine Verletzungsklage \ngegen den Antragsteller \neinreichen \n\ntegen de verzoeker een \nvordering inzake inbreuk \ninstellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l mod \nans\u00f8geren om kr\u00e6nkelse \n\ndas Verfahren bei Ver= \nletzungsklagen \n\nde procedure bij een \nvordering inzake inbreuk m\u00e5l om kr\u00e6nkelse) \n\nprocesregler (for s\u00f8gs= \n\nKlagen wegen Verletzung \neiner europ\u00e4ischen Mar= \nke/europ\u00e4ischer Marken \neinem sachlich zust\u00e4n= \ndigen nationalen Gericht \nzuweisen \n\nhenl\u00e6gge s\u00f8gsm\u00e5l vedr\u00f8rende \nkr\u00e6nkelse af europ\u00e6iske \nvarem\u00e6rker til en kompe= \ntent national domstol \n\nde rechtsmacht inzake \nvorderingen wegens in \nbreuk op een Europees \nmerk aan een nationale \nabsoluut bevoegde rech \nterlijke instantie toe \nkennen \nde rechtsmacht ten aan \nzien van vorderingen \ninzake inbreuk op Euro \npose merken voorbe \nhouden aan een natio \nnale rechterlijke in \nstantie die absoluut be \nvoegd is \n\n37 \n\nPE 64. 907 \n\n\f65. contrefa\u00e7on (suite) \nagir en nullit\u00e9 ou \nen contrefa\u00e7on contre \nla marque communautaire \npost\u00e9rieure \nM 8/76 - 140 \n\nintentare un ricorso \nper contraffazione o \nestinzione contro un \nmarchio CEE pi\u00f9 recente the later EEC trade mark \n\nno application for cancella-\ntion or damages can be \nentertained in respect of \n\nfaits de contre fa-\n\nfatti che concretano \nla contraffazione \n\nacts of infringement \n\ndes \n\u00e7on \n160 \n\nla proc\u00e9dure en con \ntrefa\u00e7on d'une marque \ncommunauta ire \nM 8/76 - 156 \n\nle azioni di contraf \nfazione di un marchio \nCEE \n\nproceedings relating \nto infringements of \nEEC trade marks \n\n66. contribution \n\nles contributions fi \nnanci\u00e8res des Etats \ncontractants \n37,1,3 - 46,2 \n\n67. convention \n\nla convention de Paris \npour la protection de \nla propri\u00e9t\u00e9 industri \nelle \n5,1,2 - 182 \n\nla convention d'Union \nde Paris pour la pro \ntection de la propri\u00e9t\u00e9 \nindustrielle (CUP) de \n1883 \nM 8/76 - 40 \n\navant-projet de con \nvention relatif \u00e0 un \ndroit europ\u00e9en des \nmarques \n(T) \n\ni contributi finan \nziari degli Stati con \ntraenti \n\nfinancial contributions \nof Contracting States \n\nla convenzione di \nParigi per la prote \nzione della propriet\u00e0 \nindustriale \n\nParis Convention for \nthe Protection of Industrial \nProperty \n\nla convenzione di Pari- Paris Convention of \ngi del 1883 che ha \ncreato un'unione per \nla protezione della \nproprieta industriale \n\n1883 for the Protection \nof Industrial Property \n\nschema di convenzione \nsul diritto europeo \ndei marchi \n\nPreliminary Draft of a \nConvention for a European \nTrade Mark \n\nles adaptations de la \npr\u00e9sente convention \nque l'admission entra\u00eene resi necessari dal-\n186,2 \n\ngli adattamenti della \npresente convenzione \n\nl'ammissione stessa \n\nany adaptations to the \npresent Convention which \nthat admission involves \n\nadh\u00e9rer \u00e0 la pr\u00e9sente \nconvention \n186,1 \n\ns'associer \u00e0 la pr\u00e9sen \nte convention en vertu \nd%un accord sp\u00e9cial \n187,1 \n\naderire alla presente \nconvenzione \n\nto accede to the present \nConvention \n\nconcludere un accordo \nspeciale di associa \nzione \n\nto be associated with \nthe present Convention \nby virtue of a special \nagreement \n\nla r\u00e9vision de la con \nvention \n185 (T) \n\nla revisione della \nconvenzione \n\nrevision of the Convention \n\n38 -\n\nPE 64. 907 \n\n\feine L\u00f6schungs- oder \nVerletzungsklage gegen \ndie j\u00fcngere EWG-Marke \nerheben \n\neen vordering tot \ndoorhaling of wegens \ninbreuk tegen het \njongere EEG-merkinstel-\nlen \n\n65 67 \n\nrejse sag om annullation \neller kr\u00e6nkelse imod det \nyngre EF-m\u00e6rke \n\nVerletzungshandlungen \n\ninbreukmakende hande \nlingen \n\nkr\u00e6nkelser \n\ndas Verfahren wegen \nVerletzung einer EWG-\nMarke \n\nde procedure wegens in \nbreuk op een EEG-merk \n\nprocessen om kr\u00e6nkelse \naf et EF-m\u00e6rke \n\ndie Beitr\u00e4ge der Ver= \ntragsstaaten \n\nde financi\u00eble bijdragen \nvan de overeenkomstslui \ntende Staten \n\nydelser fra de kontra= \nherende stater \n\ndie Pariser Verbands= \n\u00dcbereinkunft zum Schutz \ndes gewerblichen Eigen= \ntums \n\nhet Verdrag van Parijs \ntot bescherming van de \nindustri\u00eble eigendom \n\nPariser-Konventionen til \nbeskyttelse af industriel \nejendomsret \n\ndie Pariser Verbands= \n\u00dcbereinkunft zum Schutz Parijs tot bescherming \ndes gewerblichen Eigen= van de industri\u00eble eigen-\ntums von 1883 (PV\u00dc) \n\nhet Unieverdrag van \n\ndorn van 1883 (UVP) \n\nPariserkonventionen af \n1883 om beskyttelse af \nindustriel ejendomsret \n\nVorentwurf eines Uber= \neinkommens \u00fcber ein \nEurop\u00e4isches Marken= \nrecht \n\nvoorontwerp van overeen- udkast til konvention \nkomst inzake een Europees om europ\u00e6isk vare= \nmerkenrecht \n\nm\u00e6rkeret \n\ndie erforderlich wer= \ndenden Anpassungen die= voortvloeiende aanpassing ventionen, (som) opta= \ngelse som medlem (med= \nses Abkommens \nf\u00f8rer) \n\nvan deze overeenkomst \n\nde tilpasninger af kon= \n\nde uit de toelating \n\nMitglied dieses Abkom= \nmens werden \n\ntoetreding tot deze \novereenkomst \n\nblive medlem af denne \nkonvention \n\nsich diesem Abkommen \ndurch eine Assoziierung eenkomst krachtens een \nauf Grund eines beson= bijzondere overeenkomst \nderen Abkommens an= \nschlie\u00dfen \n\nassociatie bij deze over- tilslutte sig denne kon= \n\nvention i henhold til \ns\u00e6rlig overenskomst \n\ndie Revision des Ab= \nkommens \n\nde herziening van de \novereenkomst \n\nrevision af konventionen \n\n39 -\n\nPE 64. 907 \n\n\f68. copie \nsur p r \u00e9 s e n t a t i on d'une \ncopie c e r t i f i \u00e9e conforme di una copia a u t e n t i ca \n23, 3 \n\nd i e t ro presentazione \n\non production of a \nc e r t i f i ed copy \n\n69. couleur \n\nla combinaison de \ncouleur \n8,1 \n\n70. cour \n\nla combinazione di \ncolori \n\ncolour compositions \n\nla Cour europ\u00e9enne des la Corte europea dei \nmarques \n4 - 99,l,2b,4 - 138,2b,4 -\nChap. VIII - 1\u00e8re sect. , \n2e sous-section \n\nmarchi \n\nEuropean Trade Mark \nCourt \n\nla Cour europ\u00e9enne des \nmarques est comp\u00e9tente \npour statuer \u00e0 titre \npr\u00e9judiciel \n161,1 \n\nla d\u00e9cision pr\u00e9judiciel \nle de la Cour europ\u00e9en \nne des marques \n161 (T) \n\ndemander a la Cour \neurop\u00e9enne des marques \nde statuer \n161,2 \n\npourvoi en cassation \ndevant la Cour europ\u00e9en \nne des marques \nchap. IV, 6\u00e8 sec. -\n99,1 - chap. Vie - Se \nsec. - 3e sous-sec. la Corte europea dei \nmarchi \u00e8 competente \na decidere in via \npregiudiziale \n\nthe European Trade Mark \nCourt shall have jurisdic \ntion to render an inter \nlocutory decision \n\nla decisione pregiudi- interlocutory decision \nziale della Corte euro- by the European Trade \npea dei marchi \n\nMark Court \n\ndomandare alla Corte \neuropea dei marchi \ndi pronunciarsi \n\nto request the European \nTrade Mark Court to \nrender a decision \n\nfurther appeal to the \nEuropean Trade Mark \nCourt \n\nricorso per cassa \nzione dinanzi alla \nCorte europea dei \nmarchi \nimpugnare per cassa \nzione dinanzi alla \nCorte europea dei \nmarchi \nricorso per cassa \nzione alla Corte euro \npea dei marchi \n\nla d\u00e9cision de la. peut faire l'objet d'un \npourvoi en cassation \ndevant la Cour europ\u00e9en \nne des marques \n99,1 - 138,1 \n\nla decisione della. pu\u00f2 essere impugnata \nper cassazione davanti \nalla Corte europea dei \nmarchi \n\na decision of. may \nbe the subject of further \nappeal to the European \nTrade Mark Court \n\nsaisir la Cour europ\u00e9en- rivolgersi alla Corte \nne des marques \n161,3 \n\neuropea dei marchi \n\nto refer the question \nto the European Trade \nMark Court \n\nune Cour internationale \n34 - 35. 4 \n\nuna Corte internazio \nnale \n\ninternational court \n\n- 40 \n\nPE 64. 907 \n\n\fwenn eine beglaubigte \nAbschrift (hiervon) vor= voor eensluidend ge \nwaarmerkt afschrift \ngelegt wird \n\nna overlegging van een \n\nforel\u00e6ggelse af bekr\u00e6f= \ntede afskrifter \n\n68 70 \n\ndie Farbzusammenstellung de kleurencombinatie \n\nfarvesammens\u00e6tninger \n\ndas Europ\u00e4ische Marken= het Europese Merkenhof \ngericht \n\nDen Europ\u00e6iske Domstol \nfor Varem\u00e6rkesager \n\ndas Europ\u00e4ische Marken= \ngericht entscheidet im \nWege der Vorabentschei= \ndung \n\nhet Europese Merkenhof \nis bevoegd een prejudi \nci\u00eble beslissing te \ngeven \n\nDen Europ\u00e6iske Domstol \nfor Varem\u00e6rkesager er \nkompetent til pr\u00e6judi= \ncielt at afg\u00f8re sp\u00f8rgsm\u00e5l \n\ndie Vorabentscheidung \ndurch das Europ\u00e4ische \nMarkenger icht \n\nde prejudici\u00eble beslis \nsing van het Europese \nMerkenhof \n\npr\u00e6judiciel afg\u00f8relse af \nDen Europ\u00e6iske Domstol \nfor Varem\u00e6rkesager \n\neine Frage dem Europ\u00e4i= \nschen Markengericht \nzur Entscheidung vorle= \ngen \n\nhet Europese Merkenhof \nverzoeken een beslis \nsing te geven \n\nanmode Den Europ\u00e6iske \nDomstol for Varem\u00e6rke= \nsager om at tr\u00e6ffe af= \ng\u00f8reise \n\nRechtsbeschwerde zum \nEurop\u00e4ischen Gericht \nRechtsbeschwerde zum \nEurop\u00e4ischen Marken= \ngericht \n\nberoep in cassatie \nbij het Europese Merken \nhof \n\nappel til Den Europ\u00e6iske \nDomstol for Varem\u00e6rke= \nsager \n\ngegen die Entscheidung \nder. kann Rechtsbe= \nschwerde zum Europ\u00e4i= \nsehen Markengericht er= \nhoben werden \n\ntegen de beslissing van \nde. kan bij het Euro \npese Merkenhof beroep in \ncassatie worden inge \nsteld \n\nde afg\u00f8relser, som dom= \nstolen tr\u00e6ffer kan p\u00e5= \nklages til Den Europ\u00e6iske \nDomstol for Varem\u00e6rkesager \n\ndie Anrufung des Euro= \np\u00e4ischen Markengerichts \n\neen vraag aan het Euro \npese Merkenhof voorleg \ngen \n\nrejse sp\u00f8rgsm\u00e5let over \nfor Den Europ\u00e6iske Dom= \nstol for Varem\u00e6rkesager \n\nein internationales \nGericht \n\neen internationaal Hof \n\nen international domstol \n\n41 \n\nPE 64. 907 \n\n\f71. cr\u00e9ation \n\nla cr\u00e9ation d'une \nmarque communautaire/ chio CEE/europeo \neurop\u00e9enne \nM 8/76 - 1 +4 \n\nla creazione di un mar-\n\ncreation of an EEC \ntrade mark. 72. cr\u00e9dit \n\ndans la limite des \ncr\u00e9dits allou\u00e9s \n44,1 \n\nles cr\u00e9dits pourront \nfaire l'objet d'un \nreport \n39,2 \n\nnei limiti dei crediti \nstanziati \n\nwithin the limits of \nthe allocated appropria \ntions \n\ni crediti potranno \nessere riportati \n\nappropriations may be \ncarried forward \n\n73. 74. les cr\u00e9dits sont sp\u00ea- i crediti sono registra- appropriations shall \ncialis\u00e9s par chapitre ti in capitoli \n39,3 \n\nbe set out under different \nheadings \n\nproc\u00e9der a des vire- procedere a trasferimen- to transfer funds \nments de cr\u00e9dits \n44,2 \n\nti di crediti \n\nd\u00e9charge \ndonner d\u00e9charge \u00e0. sur. 45,4 \n\ndare atto a. di \n\nto give. a discharge in \nrespect of. d\u00e9ch\u00e9ance \nla d\u00e9ch\u00e9ance de la \nmarque communautaire CEE \nM 8/76 - 118 \n\nla decadenza del marchio lapse of the EEC \n\ntrade mark \n\nla d\u00e9ch\u00e9ance de la \nmarque communautaire \ndevenue une d\u00e9nomina \ntion usuelle \nM 8/76 - 131 \n\nla d\u00e9ch\u00e9ance ou la \nnullit\u00e9 de la marque \ncommunautaire \nM 8/76 - 131 \n\nla decadenza del marchio \nCEE quando esso sia di \nvenuto una denominazione \nusuale generica \n\nloss of the EEC \ntrade mark by reason of \nits becoming a generic \nterm \n\nla decadenza o la nul \nlit\u00e0 del marchio CEE \n\nloss or invalidity of \nthe EEC trade mark \n\nla d\u00e9ch\u00e9ance (de la \nmarque) pour risque de chio CEE) quando sia \ntromperie du public \nsurvenu ult\u00e9rieurement di inganno \nM 8/76 - 131 \n\nla decadenza (del mar-\n\nsubentrato un pericolo \n\nthe loss by reason of \nits acquiring a deceptive \ncharacter subsequent \nto the date of its re \ngistration \n\nl'action en d\u00e9ch\u00e9ance \nM 8/76 - 121 \n\nl'action en d\u00e9ch\u00e9ance \nde la marque europ\u00e9en \nne \n159,2 \n\nl'azione di decadenza \n\naction for invalidation \n\nl'azione di decadenza \ndi un marchio europeo/ \ndel marchio europeo \n\nclaim for the declaration \nof lapse of the European \ntrade mark \n\nintenter l'action en proporre l'azione di \nd\u00e9ch\u00e9ance de la marque decadenza del marchio \ncollective europ\u00e9enne europeo collettivo \n173,2 \n\nto claim the declaration \nof lapse of a European \ncollective mark \n\n- 42 \n\nPE 64. 907 \n\n\fdie Schaffung einer EWG- de creatie van een com-\nMarke/europ\u00e4ischen Marke munautair merkenrecht/ \n\nEuropees merk \n\n71 - 74 \n\nindf\u00f8relsen af et EF-\nvarem\u00e6rke \nindf\u00f8re et europ\u00e6isk \nvarem\u00e6rke \n\nim Rahmen der zuge= \nwiesenen Mittel \n\nbinnen de grenzen der \ntoegekende kredieten \n\ninden for rammerne af \nde bevilgede bel\u00f8b \n\ndie vorgesehenen Mittel de kredieten kunnen wor- bel\u00f8b m\u00e5 overf\u00f8res \nd\u00fcrfen \u00fcbertragen werden den overgedragen \n\ndie vorgesehenen Mittel \nwerden nach Kapiteln \ngegliedert \n\nde kredietai worden in \ngedeeld in hoofdstukken \n\nde bevilgede bel\u00f8b op= \nstillet adskilt i grup= \nper \n\nMittel \u00fcbertragen \n\nkredieten overschrij \nven \n\noverf\u00f8re bel\u00f8b \n\n(+ Dat. ) Entlastung. erteilen \n\nzu \n\ndechargeren van \n\ng i ve \n\nd \u00e9 c h a r ge \n\nfor \n\nder V e r f a ll der \nEWG-Marke \n\nhet verval van het \nEEG-merk \n\nfortabelse af EF-vare= \nm\u00e6rket \n\nder Verfall der EWG-\nMarke wegen Entwicklung \nzu einer gebr\u00e4uchlichen \nBenennung \n\nhet verval van het EEG-\nmerk doordat het een \ngebruikelijke benaming \nis geworden \n\nfortabelse af EF-maerket, \nfordi dette udvikler sig \ntil en almindelig beteg= \nnelse \n\nder Verfall oder die \nNichtigkeit der EWG-\nMarke \n\nhet verval of de nietig- fortabelse eller ugyldig= \nheid van het EEG-merk \n\nhed af et EF-varem\u00e6rke \n\nder Verfall (der Marke) het tenietgaan van het \nwegen (nachtr\u00e4glich) \nwerk wegens een (later \neingetretener T\u00e4uschungs= opgetreden) gevaar voor \ngefahr \n\nmisleiding \n\nfortabelse af EF-m\u00e6rket \np\u00e5 grund af at der senere \nindtr\u00e6der en risiko for \nvildledning \n\ndie Verfallsklage \n\nde vorder ingen tot ver-\nval lenver kl ar ing \n\ns\u00f8gsm\u00e5l med p\u00e5stand om \nfortabelse \n\ndie Klage auf Erkl\u00e4rung \ndes Verfalls einer euro= trent het verval van een \np\u00e4ischen Marke/der euro= Europese merk/van het \np\u00e4ischen Marke \n\nde rechtsvordering om-\n\nEuropese merk \n\ns\u00f8gsm\u00e5l om europ\u00e6iske \nvarem\u00e6rkers fortabelse \n\ndie Klage auf Erkl\u00e4rung \ndes Verfalls der euro= \np\u00e4ischen Kollektivmarke \nerheben \n\neen rechtsvordering tot \nvervallenverklaring van \nhet Europese collec \ntieve merk instellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l om for= \ntabelse af et europ\u00e6isk \nf\u00e6llesm\u00e6rke \n\n43 -\n\nPE 64. 907 \n\n\f74. d\u00e9ch\u00e9ance (suite) \n\nretirer l'action en \nd\u00e9ch\u00e9ance \n150,1 \n\n75. d\u00e9cision \n\nla d\u00e9cision (section \nd'examen/division \nd'administration des \nmarques) \n50,2 - 52,2 \n\nla d\u00e9cision sur l'ap \npel \n137 (T) \n\nla d\u00e9cision attaqu\u00e9e \n98,3,4,6 - 133\u201e1 \n\nil ritiro dell'azione \ndi decadenza \n\nto withdraw the claim \nfor a declaration of \nlapse \n\nla decisione (sezione \nd'esame/divisione \namministrativa dei \nmarchi) \n\ndecision (examining \nsection/trade mark \nadministration division) \n\nla decisione sull'appel \nlo \n\ndecision in respect \nof the appeal \n\nla decisione impugnata \n\n- attacked/contested \n\nannuler en tout ou en pronunciare la nullit\u00e0 \nparziale o totale della \npartie la d\u00e9cision \nattaqu\u00e9e \ndecisione impugnata \n137,3 \n\ndecision \n\n- decision appealed from \n\nto rescind the appealed \ndecision in whole or in \npart \n\n1'instance qui avait \npris la d\u00e9cision at \ntaqu\u00e9e \n98,3,4,6 \n\nla signification de \nla d\u00e9cision attaqu\u00e9e \n133,1 \n\nla d\u00e9cision pr\u00e9judi \ncielle de la Cour \neurop\u00e9enne des mar \nques \n161 \n\nle prononc\u00e9 de la \nd\u00e9cision \n145,2 \n\nla signification de \nla d\u00e9cision \n94,1 \n\nl'organo che ha emana \nto la decisione impu \ngnata \n\nthe authority responsible \nfor/the authority which \nissued the attacked \ndecision \n\nla notificazione della \ndecisione impugnata \n\ndate of the decision \nappealed from \n\nla decisione pregiudi \nziale della Corte euro \npea dei marchi \n\ninterlocutory decision \nby the European Trade \nMark Court \n\nla pronuncia della \ndecisione \n\ndelivery of the decision \n\nla notificazione della \ndecisione \n\ndate of the decision \n\n76. d\u00e9faut \n\nl'extinction de la \nmarque par d\u00e9faut de \nrenouvellement de \nla marque \nM 8/76 - 33 \n\nl'estinzione del marchio the lapse of the trade \nper mancato rinnovo \n\nmark in case of non \nrenewal of the trade \nmark \n\n77. d\u00e9fendeur \nle d\u00e9fendeur \n158 - 159,2 \n\nil convenuto \n\nrespondent \ndefendant \n\n4 4 \n\nPE 64. 907 \n\n\fdie Klage auf Erkl\u00e4rung \ndes Verfalls zur\u00fcckneh= \nmen \n\nde vordering tot verval-\nlenverklaring intrekken \n\nfrafalde s\u00f8gsm\u00e5let (hvor= \nved et europ\u00e6isk varem\u00e6rke) \ns\u00f8ges kendt fortabt \n\n74-77 \n\ndie Entscheidung (der \nPr\u00fcfungsstelle/Marken= \nVerwaltungsabteilung) \n\nde beslissing (van de \nonderzoeksectie/merken-\nadmindstratieafdeling) \n\n(granskningssektionens/ \nden administrative afde= \nlings) afg\u00f8relse \n\ndie Entscheidung \u00fcber \ndie Berufung \n\nde beslissing over het \nhoger beroep \n\nafg\u00f8relse i appelsager \n\ndie angefochtene Ent= \nScheidung \n\nde bestreden beslissing \n\nden p\u00e5klagede afg\u00f8relse \n\ndie angefochtene Ent= \nScheidung ganz oder \nteilweise aufheben \n\nde bestreden beslissing \ngeheel of gedeeltelijk \nvernietigen \n\noph\u00e6ve den p\u00e5klagede \nafg\u00f8relse helt eller \ndelvis \n\ndie Stelle, die die \nangefochtene Entschei= \ndung erlassen hat \n\nde instantie die de be- det organ, der har \nstreden beslissing heeft truffet den p\u00e5klagede \ngenomen \n\nafg\u00f8relse \n\ndie Zustellung der an= \ngefochtenen Entscheidung betekenen \n\nde bestreden beslissing \n\nforkyndelsen af den \np\u00e5klagede afg\u00f8relse \n\ndie Vorabentscheidung \ndurch das Europ\u00e4ische \nMarkenger icht \n\nde prejudici\u00eble beslis \nsing van het Europese \nMerkenhof \n\npr\u00e6judiciel afg\u00f8relse \naf Den europ\u00e6iske Domstol \nfor Varem\u00e6rkesager \n\ndie Verk\u00fcndung der Ent= \nScheidung \n\nbeslissingen uitspreken \n\nforkyndelsen af af= \ng\u00f8reisen \n\ndie Zustellung der \nEntscheidung \n\nde beslissing ter kennis meddelelsen om afg\u00f8rel= \nbrengen \n\nsen \n\ndas Erl\u00f6schen der \nMarke bei Nichtverl\u00e4n= \ngerung der Marke \n\nvarem\u00e6rkets oph\u00f8r n\u00e5r \nhet tenietgaan van het \nmerk bij niet-vernieuwing m\u00e6rket ikke forl\u00e6nges \nvan de inschrijvinq van \nhet merk \n\nder Beklagte \n\nde gedaagde \n\nindst\u00e6vnte \n\n- 45 -\n\nPE 64. 907 \n\n\f77. d\u00e9fendeur (suite) \n\nle d\u00e9fendeur en appel \n134,1,2 - 137,4 \n\n78. d\u00e9lai \n\nle d\u00e9lai de priorit\u00e9 \n68, 5 \n\nl'expiration du d\u00e9lai \n71,3 \n\nproroger un d\u00e9lai \n94,1 \n\n79. d\u00e9lit \n\nles d\u00e9lits civils \n19 \n\n80. demande \n\nune demande en con \nstatation \n162,10 \n\nil convenuto in appello respondent \n\nil termine di priorit\u00e0 \n\ndate for the purposes \nof determining priority \n\nla scadenza del termine expiry of the period \n\nprorogare un termine \n\nto extend the time \nlimit \n\ngli illeciti civili \n\nillegal use \n\nuna richiesta di accer \ntamento \n\napplication for \na declaration \n\nle d\u00e9p\u00f4t d'une demande \nen constatation \n162,10 \n\nil deposito di una ri \nchiesta di accertamento \n\nreceipt of an applica \ntion for a declaration \n\nla demande est irre \ncevable \n162, 8 \n\nle rejet des demandes \nde marques \nM 8/76 - 74 \n\nla domanda e inammissi \nbile \n\nthe request shall not \nbe admitted \n\nil rifiuto di registra \nzione dei marchi \n\nrefusal of trade \nmark applications \n\nla demande et l'enre \ngistrement d'une mar \nque communautaire \nM 8/76 - 61 \n\nla domanda di registra \nzione e la registrazio \nne stessa di marchi \ncomunitari \n\nproposal and registra \ntion of an EEC trade mark \n\nla transformation en \ndemande nationale \nChap, iv\u00e8, 7\u00e8 section \n\nformer des demandes \n130,2 \n\nrejeter la demande \n71,3 - 74,3 - 77,2 -\n100,1 \n\nretirer la demande \n100,1 \n\n81. demandeur \n\nle demandeur \n7 1 , 1 ,2 - 7 4 , 1 ,2 - 75 \n7 7 ,4 - 82 - 86 - 8 7 , 13 \n9 6 ,1 - 1 0 1 , 2 , 2a - 147,1 \n151 - 1 6 2 , 6 ,8 \n\nla trasformazione in \ndomanda nazionale \n\nconversion into national \ntrade mark application \n\nformulare domande \n\napplications received \n\nrespingere la domanda \n\nto refuse the application \n\nritirare la domanda \n\nto withdraw the applica \ntion \n\nil r i c h i e d e n te \n1 ' i s t a n te \nl ' a t t o re \n\n- applicant \n- person making the \n\nrequest \n\nle demandeur en appel \n133,4 - 134,2 \n\nil richiedente \n1'appellante \n\nappellant \n\n- 46 \n\nPE 64. 907 \n\n\fder Berufungsbeklagte \n\nde ge\u00eentimeerde \n\nappelindst\u00e6vnte \n\n77 - 81 \n\ndie Priorit\u00e4tsfrist \n\nde termijn van voorrang \n\nfortrinsretsfristen \n\nder Ablauf der Frist \n\nhet verstrijken van de \ntermijn \n\nudl\u00f8bet af fristen \n\neine Frist verl\u00e4ngern \n\neen termijn verlengen \n\nforl\u00e6nge en frist \n\ndie unerlaubte Handlung \n\nde onrechtmatige daad \n\nulovlig handlem\u00e5de \n\nein Antrag auf Fest= \nStellung \n\neen verzoek tot verkla \nring \n\nans\u00f8gning (om aner= \nkendelsessag) \n\nder Eingang eines An= \ntrags auf Feststellung \n\nde ontvangst van een \nverzoek tot verklaring \n\nder Antrag ist unzu= \nl\u00e4ssig \n\nhet verzoek is niet ont \nvankelijk \n\ndie Zur\u00fcckweisung von \nMarkenanmeldungen \n\nde weigering van aan \nvragen (van merken) \n\nans\u00f8gningens indgivelse \n(med henblik p\u00e5 aner= \nkendelsessag) \n\nans\u00f8gningen kan ikke \ng\u00f8res til genstand for \nbehandling \n\nafslag p\u00e5 anmeldelser \n\ndie Anmeldung und Ein= \ntragung von EWG-Marken \n\nhet depot en de inschrij- anmeldelse og registrering \nving van EEG-merken \n\naf EF-m\u00e6rker \n\ndie Umwandlung in eine \nnationale Markenanmel= \ndung \n\nde omzetting in een \nnationale merkaanvrage \n\novergang til national \nvarem\u00e6rkeanmeldelse \n\nAntr\u00e4ge stellen \n\nvorderingen instellen \n\nnedl\u00e6gge p\u00e5stand \n\ndie Anmeldung zur\u00fcck= \nweisen \n\nde aanvrage afwijzen \n\nafsl\u00e5 anmeldelsen/ \nvarem\u00e6rket \n\ndie Anmeldung zur\u00fcck= \nnehmen \n\nde aanvrage intrekken \n\ntr\u00e6kke anmeldelsen til= \nbage \n\n- der Anmelder \n- der Antragsteller \n- der Kl\u00e4ger \n\nde aanvrager \nde eiser \nde verzoeker \n\nanmelderen/ans\u00f8geren \n\nder Berufungskl\u00e4ger \n\nhij die appel aante \nkent \nde appellant \n\nappellanten \n\n- 47 \n\nPE 64. 907 \n\n\f81. demandeur (suite) \n\ntout fait invoqu\u00e9 par \nle demandeur en appel \n137,4 \n\ni fatti addotti \ndall' appellante \n\nany fact alleged by \nthe appellant as proven \n\nun acte accompli par \nle demandeur \n162,6 \n\nun atto che il richieden- action done by the person \nte ha compiuto \n\nmaking the request \n\nentendre le demandeur sentire il richiedente \n85 \n\nto give a hearing to \nthe applicant \n\nintroduire contre le \ndemandeur une action \nen contrefa\u00e7on \n162,8 \n\nprise de position du \ndemandeur \n82 \n\nproporre nei confronti \ndell'attore un'azione \ndi contraffazione \n\npresa di posizione del \nrichiedente \n\nto institute infringe \nment proceedings against \nthe person making the \nrequest \n\nreply by the applicant \n\n82. d\u00e9nomination \n\nla d\u00e9nomination \n8,1 \n\nla denominazione \n\nname \n\nla d\u00e9nomination de \nfantaisie \nM 8/76 - 86 \n\nil contrassegno di \nfantasia \n\nfanciful designation \n\nla d\u00e9ch\u00e9ance de la \nla decadenza del marchio the loss of the EEC \nmarque communautaire CEE quando esso sia di- trade mark by reason \ndevenue une denomina- venuto una denominazio\u2014 \ntion usuelle \nM 8/76- 131 \n\nof its becoming a generic \nterm \n\nne usuale generica \n\n83. d\u00e9pense \nles d\u00e9penses inscrites le spese iscritte nel \nau budget \n39,1 \n\nbilancio \n\nexpenditure shown in \nthe budget \n\nles d\u00e9penses du per \nsonnel \n39,2 \n\nl'autorisation des \nd\u00e9penses \n39 (T) \n\nautoriser des d\u00e9pen \nses \n39,1 - 43,2 \n\nla couverture des \nd\u00e9penses \n37 (T) \n\nle spese di personale \n\nstaff costs \n\nl'autorizzazione delle \nspese \n\nauthorization of expen \nditure \n\nautorizzare le spese \n\nto authorize the expen \nditure \n\nla copertura delle \nspese \n\ncover for expenditure \n\nconstater la l\u00e9galit\u00e9 constatare la legitti-\net la r\u00e9gularit\u00e9 des mit\u00e0 e la regolarit\u00e0 \nrecettes et d\u00e9penses delle entrate e delle \n45,2 \n\nspese \n\nto prove the lawful and \nproper manner of all \nincome and expenditure \n\n- 48 \n\nPE 64. 907 \n\n\fjede vom Berufungskl\u00e4ger \nbehauptete Tatsache \n\nelk feit dat de appel \nlant heeft gesteld \n\nde af appellanten p\u00e5= \nber\u00e5bte fakta \n\n81 - 83 \n\neine von dem Antragstel= \n1er vorgenommene Hand \nlung \n\neen door de verzoeker \nverrichte handeling \n\n- en af ans\u00f8geren fore= \n\ntaget handling \n\n- den af ans\u00f8geren fore= \n\ntagne handling \n\nden Anmelder h\u00f6ren \n\nde aanvrager horen \n\nh\u00f8re anmelderen/ans\u00f8geren \n\neine Verletzungsklage \ngegen den Antragsteller \neinreichen \n\ntegen de verzoeker een \nvordering inzake in \nbreuk instellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l mod an= \ns\u00f8geren om kr\u00e6nkelse \n\ndie Stellungnahme des \nAnmelders \n\nhet stelling nemen door anmelderens udtalelse \nde aanvrager \n\ndie Benennung \n\nde benaming \n\nben\u00e6vnelse \n\ndie Phantasiebezeich3 \nnung \n\nde fantasie-aanduiding \n\nfantasibetegnelsen \n\nder Verfall der EWG- \nhet verval van het EEG-\nMarke wegen Entwicklung merk door dat het een \nzu einer gebr\u00e4uchlichen \nBenennung \n\ngebruikelijke benaming \nis geworden \n\nfortabelse af EF-m\u00e6rket, \nfordi dette udvikler sig \ntil en almindelig be= \ntegnelse \n\ndie in den Haushalts= \nplan eingesetzten Aus \ngaben \n\nde in de begroting op \ngenomen uitgaven \n\nde i budgettet anf\u00f8rte \nudgifter \n\ndie Personalausgaben \n\nde personeelsuitgaven \n\npersonaleudgifter \n\ndie Bewilligung der \nAusgaben \n\nde goedkeuring van de \nuitgaven \n\nudgiftsbevilling \n\nAusgaben bewilligen/ \ngenehmigen \n\nuitgaven goedkeuren \n\nbevilge udgifter \n\ndie Deckung der Ausgaben de dekking van de uit \n\nd\u00e6kning af udgifter \n\ngaven \n\ndie Rechtm\u00e4\u00dfigkeit und \nOrdnungsm\u00e4\u00dfigkeit der \nEinnahmen und Ausgaben \nfeststellen \n\nde rechtmatigheid en de konstatere lovformeligheden \nregelmatigheid van de \nontvangsten en uitgaven \nnagaan \n\nog retm\u00e6ssigheden af ind= \nt\u00e6gter og udgifter \n\n49 \n\nPE 64. 907 \n\n\f84. d\u00e9posant \n\nle d\u00e9posant \nM 8/76 - 55 - 119 \n\n85. d\u00e9poser \n\nd\u00e9poser des marques \nsans intention r\u00e9elle \nde s'en servir et \u00e0 \nseule fin d'en faire \nle commerce \nM 8/76 - 145 \n\n86. d\u00e9p\u00f4t \n\nle d\u00e9p\u00f4t ant\u00e9rieur \n68,5 \n\ncolui che intende \nottenere un marchio \nil richiedente \n\napplicant \n\nrichiedere il marchio \na fini commerciali, sen= \nza l'intenzione di farne \nun uso effettivo \n\nfiling of trade marks \nfor the purpose of trade \nmark trafficking (usually \nby way of assignment), \nwhere there is no inten \ntion that the trade marks \nshould be used \n\nil precedente deposito \n\nprevious application \n\nle d\u00e9p\u00f4t de la demande \n29,2 \n\nil deposito della \ndomanda \n\nfiling (of the applica= \ntion) \n\nle jour du d\u00e9p\u00f4t de la \ndemande \nM 8/76 - 111 \n\nla data di deposito \ndella domanda \n\nthe date on which the \napplication is filed \n\nle d\u00e9p\u00f4t d'une deman \nde en constation \n162,10 \n\nil deposito di una \nrichiesta di accerta \nmento \n\nreceipt of an applica \ntion for a declaration \n\nle d\u00e9p\u00f4t des marques \n123,2 \n\nle d\u00e9p\u00f4t, comme mar \nques europ\u00e9ennes, de \nmarques nationales \nexistantes \n181 (T),l \n\navoir valeur de d\u00e9 \np\u00f4t national \n100,1 \n\nle d\u00e9p\u00f4t national \nr\u00e9gulier \n68,3,4 - 70,1 \n\nil deposito dei marchi \n\nregistration of \ntrade marks \n\nil deposito di marchi \nnazionali quali marchi \neuropei \n\nregistration of existing \nnational marks as European \nmarks \n\navere efficacia di de \nposito nazionale \n\nto be equivalent to a \nnational filing \n\nil deposito nazionale \nregolare \n\nregular national \nfiling \n\navoir la valeur d'un \nd\u00e9p\u00f4t national r\u00e9gu \nlier \n68,3 - 70,1 \n\navere (1')efficacia \ndi (un) deposito nazio \nnale regolare \n\nto be equivalent to a \nregular national filing \n\n\u00eatre fond\u00e9 sur un ou \nplusieurs d\u00e9p\u00f4ts na \ntionaux \n5,2 - 2\u00e8 v. retirer ou rejeter \nd\u00e9finitivement des \nd\u00e9p\u00f4ts nationaux \n12,2c \n\nessere fondato su uno \no pi\u00f9 depositi di mar \nchio nazionale \n\nto be based on one or \nmore applications for \na national trade mark \n\nritirare o respingere \ndelfin it i vamen te deposi \nti nazionali \n\nto withdraw or legally \nreject national appli \ncations \n\n- 50 \n\nPE 64. 907 \n\n\fder Anmelder \n\nde deposant \n\nanmelderen \n\n84 - 86 \n\nohne eigene Benutzungs= \nabsieht systematish \nMarken zu Zwecken des \nMarkenhandels anmelden \n\nzonder eigen gebruiks-\noogmerk systematisch de \ninschrijving aanvragen \nvan merken met het oog \nop de handel in die mer \nken \n\nuden brugshensigt syste= \nmatisk anmelde varem\u00e6rker \nmed henblik p\u00e5 handel med \nvarem\u00e6rker \n\ndie \u00e4ltere Hinterlegung het vroegere depot \n\nden tidligere anmeldelse \n\ndie Einreichung der An= \nmeidung \n\nde indiening van de \naanvrage \n\nindgivelse af anmeldelse \n\ndas Anmeldedatum \n\nde dag van indiening \nvan de aanvraage \n\nanmeldelsesdagen \n\nder Eingang eines An= \ntrags auf Festeilung \n\nde ontvangst van een \nverzoek tot verklaring \n\nans\u00f8gningens indgivelse \n\ndie Eintragung der \nMarken \n\nde inschrijving van de \nmerken \n\nregistrering af vare= \nm\u00e6rker \n\ndie Anmeldung bestehen= \nder nationaler Marken als schrijving van bestaande rende nationale varem\u00e6r= \nker som europ\u00e6iske vare= \neurop\u00e4ischer Marken \nm\u00e6rker \n\nnationale merken als \nEuropese merken \n\nanmeldelse af eksiste= \n\nde aanvragen tot in- \n\ndie Bedeutung einer \nnationalen Hinterlegung \nhaben \n\nals een nationaal depot national varem\u00e6rkean= \ngelden \n\nmeideise \n\ndie vorschriftsm\u00e4\u00dfige \nnationale Hinterlegung \n\nhet regelmatig natio \nnaal depot \n\nforskriftsm\u00e6ssig natio= \nnal anmeldelse \n\ndie Bedeutung einer vor= de waarde hebben van/als/ v\u00e6re ligestillet med/ \nschriftsm\u00e4\u00dfigen natio= \nn\u00e5len Hinterlegung haben depot/gelden \n\neen regelmatig nationaal g\u00e6lde som en forskrifts= \n\nm\u00e6ssig national anmel= \ndelse \n\nauf eine oder mehrere \nnationale Markenanmel= \ndungen gest\u00fctzt werden \n\nop \u00e9\u00e9n of meer nationale bygge p\u00e5 en eller flere \ndepots gegrond zijn \n\nnationale varem\u00e6rkeanmel= \ndelser \n\nnationale Hinterlegun= \ngen zur\u00fccknehmen oder \nrechtskr\u00e4ftig zur\u00fcck= \nweisen \n\nnationale depots in \ntrekken of onherroepe \nlijk weigeren \n\ntr\u00e6kke tilbage eller ende= \nligt afvise nationale \nvarem\u00e6rkeanmeldelser \n\n- 51 -\n\nPE 64. 907 \n\n\f86. d\u00e9p\u00f4t (suite) \n\nle d\u00e9p\u00f4t de la requ\u00eate \n153,3b \n\nil deposito della \nrichiesta \n\ndate of the \napplication \n\nle d\u00e9p\u00f4t ult\u00e9rieur \n68,5 \n\nconstituer un premier \nd\u00e9p\u00f4t \n5,2 - 2\u00e8 v. produire une copie \ndu premier d\u00e9p\u00f4t \n69,2 \n\nil successivo deposito \n\nsubsequent application \n\ncostituire un primo \ndeposito \n\nto constitute a first \nfiling \n\npresentare copia del \nprimo deposito \n\nto produce a copy of \nthe first application \n\nla date du (premier) \nd\u00e9p\u00f4t \n68,1,7 - 77,4 \n\nla data del (primo) \ndeposito \n\nsimplifier la proc\u00e9 \ndure de d\u00e9p\u00f4t \nM 8/76 - 43 \n\nla semplificazione del \nprocedimento di regi \nstrazione \n\n- date of filing the \nfirst application \n\n- date of filing \n\nsimplification of the \napplication procedure \n\nretirer, abandonner \nou refuser le d\u00e9p\u00f4t \n68,5 \n\nritirare, rinunziare al \no rigettare il deposito \n\nto withdraw, abandon \nor refuse the applica \ntion \n\n87. descente \n\nla descente sur les \nlieux \n140,1e \n\n88. dessin \n\nle dessin \n8,1 \n\n89. d\u00e9tournement \n\nle d\u00e9tournement de \npouvoir \n36,1 \n\n90. diff\u00e9rend \n\ndiff\u00e9rends entre \nEtats contractants \n183 (T) \n\nle ispezioni sui luoghi \n\ninspection of premises \n\nil disegno \n\ndesign \n\nl'eccesso di potere \n\nabuse of authority \n\ncontroversie fra \nStati contraenti \n\ndisputes between Contract \ning States \n\n91. 92. 93. disparit\u00e9 \nles disparit\u00e9s des \nl\u00e9gislations natio \nnales en mati\u00e8re de \nmarques \nM 8/76 - 26 \n\nle differenze del \nle normative nazionali \nconcernenti i marchi \n\ndifferences between the \nnational laws on trade \nmarks \n\ndisponibilit\u00e9 (cf. solde) \nles disponibilit\u00e9s \n46,4 \n\nle disponibilit\u00e0 \n\nbalances \n\ndistinction \nune distinction \nclaire et sans \u00eaquivo- ed inequivocabile \nque possible du pro- dell'articolo (volta \nduit souhait\u00e9 \nper volta) richiesto \nM 8/76 - 12 \n\nun contrassegno chiaro \n\na clear and unambiguous \ndistinguishing mark for \neach required article \n\n52 \n\nPE 64. 907 \n\n\fdie Einreichung des \nAntrags \n\nde indiening van het \nverzoek \n\n86 - 93 \n\nans\u00f8gningens indgivelse \n\ndie j\u00fcngere Hinterle= \ngung \n\nhet latere depot \n\nsenere anmeldelse \n\neine erste Hinterle= \ngung darstellen \n\neen eerste depot vormen repr\u00e6sentere det \nf\u00f8rste andragende \n\neine Abschrift der \nersten Hinterlegung \nvorlegen \n\nder Zeitpunkt der (er= \nsten) Hinterlegung/An= \nmeidung \n\neen afschrift van het \neerste depot overleggen \n\nfreml\u00e6gge genpart af \nden f\u00f8rste anmeldelse \n\nde dagtekening van het \n(eerste) depot \n\ndagen for (den f\u00f8rste) \nanmeldelse \n\ndas Anmeldeverfahren \nvereinfachen \n\nde vereenvoudiging van \nde registratieprocedure \n\nforenkling af anmeldelses^ \nproceduren \n\ndie Hinterlegung zur\u00fcck= \nnehmen, fallen lassen \noder zur\u00fcckweisen \n\nhet depot intrekken, \nprijsgeven of weigeren \n\nanmeldelsen er tilbage= \ntaget, bortfaldet eller \nafsl\u00e5et \n\ndie Einnahme des Augen= \nScheins \n\nde gerechtelijke plaats- besigtigelse \nopneming \n\ndie Abbildung \n\nde afbeelding \n\nafbildning \n\nder Ermessensmi\u00dfbrauch \n\nhet misbruik van bevoegd- magtfordrejning \nheid \n\nStreitigkeiten zwischen \nVertragsstaaten \n\ngeschillen tussen over- uoverensstemmelser mel= \neenkomstsluitende Staten lem de kontraherende \n\nstater \n\ndie Verschiedenheiten \nder nationalen Marken= \nrechtsordnungen \n\nde (verschillen in de) \nnationale merkenrechte-\nlijke systemen \n\nforskelligartede natio= \nn\u00e5le retssystemer \n\ndie einstweilen nicht \nben\u00f6tigten Mittel \n\nde beschikbare middelen \n\nde disponible midier \n\neine klare und unmi\u00dfver= een duidelijke en on-\nst\u00e4ndliche Kennzeichnung miskenbare onderschei \nding van het gewenste \ndes jeweils gew\u00fcnschten \nartikel \nArtikels \n\nen klar og utvetydig mar= \nkering af den enkelte \n\u00f8nskede artikel \n\n- 53 \n\nPE 64. 907 \n\n\f94. distinguer \n\nles signes suscep\u00ad\ntibles de distinguer \nles produits ou les \nservices du d\u00e9posant \nde ceux des tiers \nM 8/76 \u00ad 72 \n\ni segni atti a di\u00ad\nstinguere le merci od i \nservizi di chi propone \nla domanda dalle merci \no servizi di altri \n\nthe signs or devices \nwhich are capable of \ndistinguishing the goods \nor services of the \napplicant from those of \nothers \n\n95. distributeur \n\nles fabricants et \ndistributeurs d'ar\u00ad\nticles de marque \nM 8/76 \u00ad 19 \n\n96. distribution \n\nles formes modernes \nde distribution \nM 8/76 \u00ad 21 \n\ni produttori e distri\u00ad\nbutori di articoli prov\u00ad\nvisti di marchio \n\nmanufacturers and distri\u00ad\nbutors of branded goods \n\nle moderne catene di \ndistribuzione \n\nmodem distributors \n\n97. division \n\nla division d'adminis\u00ad la divisione amministra\u00ad\ntration des marques tiva dei marchi \n49 \u00ad 52 (T) \u00ad 53,1 \u00ad\n54,3 \u00ad 91,1 \u00ad 140,2,6 \n\ntrade mark administration \ndivision \n\nla division d'examen la divisione d'esame examining division \n49 \u00ad 51 (\u03a4) \u00ad 53,1 \u00ad 54,3 \u00ad Chap. IV,3\u00e8 section \u00ad 85,1 \u00ad 86,1 \u00ad 87,1,2 \n91,1 \u00ad 98,4 \u00ad 140,2,6 \u00ad 148,1 \u00ad M 76 \u00ad 100 \u00ad 103 \n\nla division d'examen \nrejette la demande \nde marque europ\u00e9enne \n83,1 \n\nla division d'examen \nrejette l'opposition \n84 \n\nla division d'examen \nest saisie de la \nproc\u00e9dure \n81 \u00ad 87,1,2 \n\nla divisione d'esame \nrespinge la domanda di \nmarchio europeo \n\nthe examining division \nshall refuse the applica\u00ad\ntion for a European trade \nmark \n\nla divisione d'esame \nrespinge l'opposizione \n\nthe examining division \nshall reject the opposition \n\n\u00ad la divisione d'esame \n\u00e8 investita della re\u00ad\nlativa procedura \n\n\u00ad l'istanza e trasmessa \n\nalla divisione d'esame \n\nthe proceedings shall be/ \nhaving been transferred \nto the Examining division \n\nle transfert de la pro\u00ad il trasferimento della pro\u00adtransfer of proceedings \nc\u00e9dure \u00e0 la division cedura alla divisione to the examining division \nd'examen d'esame \n81 (T) \n\n98. domicile \n\nle domicile profes\u00ad\nsionel \n128,2 \n\navoir son domicile \n25,2 \u00ad 29,2 \n\nil domicilio professio\u00ad place of business \nnaie \n\navere il domicilio \n\n\u00ad to be o r d i n a r i ly \n\nr e s i d e nt \n\n\u00ad to have o n e 's ordinary \n\nresidence \n\n- 54 \n\nPE 64. 907 \n\n\fdie Zeichen,die geeignet \nsind, die Waren oder \nDienstleistungen des An= \nmelders von denen anderer ren of diensten van an-\nderen te onderscheiden \nzu unterscheiden \n\nde tekens die in staat \nm\u00e6rker, der er egnede \nzijn de waren of diensten til at adskille anmel= \nvan de deposant van wa- derens varer eller tjene= \n\nsteydelser fra andres \nvarer og tjenesteydelser \n\n94 98 \n\ndie Hersteller und \nH\u00e4ndler von Markenar \ntikeln \n\nde fabrikanten en ver- \nkopers van merkartikelen \n\nproducenter og forhandlere \n\ndie modemen \nVertriebsformen \n\nde moderne dealers \n\nden moderne varedistri= \nbution \n\ndie Markenverwaltungs= \nabteilung \n\nde merkenadministratie-\nafdeling \n\n- afdelingen for admini= \nstration af varem\u00e6rker \n\n- den administrative \n\nafdeling \n\ndie Pr\u00fcfungsabteilung \n\nde onderzoekafdeling \n\ngranskningsafdeling \n\ndie Pr\u00fcfungsabteilung \nweist die europ\u00e4ische \nMarkenanmeldung zur\u00fcck \n\nde onderzoekafdeling \nwijst de Europese merk-\naanvrage af \n\ngranskningsafdelingen \nafsl\u00e5r anmeldelsen \n\ndie Pr\u00fcfungsabteilung \nweist den Widerspruch \nzur\u00fcck \n\nde onderzoekafdeling \nwijst het bezwaar af \n\ngranskningsafdelingen \nafviser indsigelsen \n\ndas Verfahren geht auf \ndie Pr\u00fcfungsabteilung \n\u00fcber \n\nde onderzoekafdeling \nneemt de behandeling \nover \n\nsagens behandling/ \nsagen overg\u00e5r til gransk= \nningsa fdelingen \n\nder Obergang des Ver= \nfahrene auf die Pr\u00fcfungs= handeling naar de onder-\nabteilung \n\nde overqanq van de be \n\nzoekafdeling \n\nsagsbehandlingens over= \ngang til granskningsaf= \ndelingen \n\nder Gesch\u00e4ftssitz \n\nhet kantooradres \n\nforretningssted \n\nseinen Wohnsitz haben \n\nzijn woonplaats hebben \n\nhave sit hjemsted/med \nhjemsted i. 55 \n\nPE 64. 907 \n\n\f98. domicile (suite) \n\navoir son domicile \nprofessionnel dans un \ndes Etats contrac \ntants/sur le terri \ntoire de l'un des \nEtats contractants \n153,1,3 \n\navere il domicilio pro \nfessionale in uno Stato \ncontraente/nel terri \ntorio di uno Stato con \ntraente \n\nto have one's professional \noffice within/within the \nterritory of one of the \nContracting States \n\n\u00e9lire domicile \n25,2 \n\neleggere domicilio \n\nto give an address for \nservice \n\nfaire une \u00e9lection de eleggere domicilio \ndomicile \n154,2 \n\nto acquire an address \nfor service \n\n99. dommages-int\u00e9r\u00eats \n\nles actions en ces- \nsation et en dommages- azioni di risarcimento \nint\u00e9r\u00eats \nM 8/76 - 144 \n\nle inibitorie e le \n\naction for an injunction \nand damages \n\n100. droit \n\nle droit d'action des il diritto d'azione \nautorit\u00e9s nationales delle autorit\u00e0 nazio-\n175 (T) \n\nnali \n\nright of action by national \nauthorities \n\n- les droits ant\u00e9ri \n\neurs \n\n- un autre droit an \n\nt\u00e9rieur \n\n- les autres droits \n\nant\u00e9rieurs \n\ni diritti anteriori \nun altro diritto ante \nriore \ngli altri diritti an \nteriori \n\n- an earlier right \n- any other/another \n\nprior right \n\n- other earlier/prior \n\nrights \n\n12,1,b - 67 - 75 - 80, \n\n3 - 116,3 - 120,l,b,2 - 121,1 - 125,1-172,3 \n\nrestrictions \u00e0 la \nlibre disposition des \ndroits ant\u00e9rieurs \n124 (T) \n\nl'examen d'office \nrelatif aux droits \nant\u00e9rieurs \nM 8/76 - 74 \n\nla limitation des \ndroits ant\u00e9rieurs \n122 (T) \n\nlimiti alla disponibilit\u00e0 restrictions as to the \ndei diritti anteriori \n\ndisposal of prior rights \n\nla verifica d'ufficio \ndi eventuali diritti \ndi preuso \n\nautomatic searches for \nprior rights \n\nla limitazione di dirit \nti anteriori \n\nlimitation of prior \nrights \n\nle droit applicable \n25 (T) \n\nla legislazione appli \ncabile \n\nrelevant law \n\nles droits attach\u00e9s \n\u00e0 la marque communau \ntaire \nM 8/76 - 63 \n\nle droit d'auteur \n12,1. b - M 8/76 - 95 \n\nle droit civil \nM 8/76 - 96 \n\ni diritti conferiti \ndal marchio CEE \n\nrights conferred by \n(registration of) the \nEEC trade mark \n\nil diritto d'autore \n\ncopyright \n\nil diritto civile \n\ncivil laws \n\n- 56 -\n\nPE 64. 907 \n\n\fseinen Gesch\u00e4ftssitz in zijn kantoor in een van \neinem der Vertragsstaaten de overeenkomstsluitende \nhaben/im Gebiet eines \nder Vertragsstaaten haben grondgebied van een der \n\nStaten hebben/op het \n\novereenkomstsluitende \nStaten hebben \n\n98 100 \n\nhave sit forretningssted \ni en af de kontraherende \nstater/i en af de kontra= \nherende staters landom= \nr\u00e5de \n\neinen Zustellungsbe= \nvollm\u00e4chtigten bestellen \n\nwoonplaats kiezen \n\neinen Zustellungsbevoll= woonplaats kiezen \nm\u00e4chtigten bestellen \n\ndie Unterlassungs- und \nSchadensersatzklagen \n\nde verbods- en schade \nvergoedingsacties \n\nundladelsess\u00f8gsm\u00e5l eller \nerstatningssager \n\ndie Klagebefugnis na= \ntionaler Beh\u00f6rden \n\n\u00e4ltere Rechte \nein sonstiges \u00e4lteres \nRecht \nsonstige \u00e4ltere \nRechte \n\nde bevoegdheid van de \nnationale instanties \ntot het instellen van \neen rechtsvordering \n\n- oudere rechten \n- een ander ouder recht \n- andere oudere rechten \n\nnationale myndigheders \nklageadgang \n\n\u00e6ldre rettigheder \nandre \u00e6ldre rettigheder \n\nVer f\u00fcgungsbesehr\u00e4nkun= \ngen \n\nbeperkingen van de \nvrije beschikking over \noudere rechten \n\nindskr\u00e6nkninger i dispo= \nsitionsretten \n\ndie Pr\u00fcfung von Amts \nwegen auf \u00e4ltere Rechte naar oudere rechten \n\nhet ambtshalve onderzoek en unders\u00f8gelse ex officio \n\nmed henblik p\u00e5 \u00e6ldre ret= \ntigheder \n\ndie Beschr\u00e4nkung \u00e4lterer de beperking van oudere begr\u00e6nsning af \u00e6ldre \nRechte \n\nrettigheder \n\nrechten \n\ndas anwendbare Recht \n\nhet toepasselijk recht \n\nretsanvendelse \n\ndie Rechte aus der \nEWG-Marke \n\nde rechten die voort \nvloeien uit het EEG-\nmerk \n\nrettighederne i henhold \ntil EF-varem\u00e6rket \n\ndas Urheberrecht \n\nhet auteursrecht \n\nophavsret \n\ndas Zivilrecht \n\nhet civielrecht \n\ncivilret \n\n- 57 \n\nPE 64. 907 \n\n\f100. droit (suite) \n\nle droit commercial \nM 8/76 - 95 \n\nil diritto commer \nciale \n\ncommercial laws \n\nle droit de la con \ncurrence \nM 8/76 - 95 \n\nle droit de la con \ncurrence d\u00e9loyale \nM 8/76 - 108 \n\nles droits conf\u00e9r\u00e9s \npar des marques ant\u00e9 \nrieures \n176 \n\nun droit exclusif \n12,1,b \n\nconf\u00e9rer des droits \nexclusifs \n2,1 \n\nla marque est recon \nnue et prot\u00e9g\u00e9e com \nme un droit exclusif \ndu fabricant ou de \n1'entrepr ise commer \nciale \nM 8/76 - 15 \n\nla legislazione in \nmateria di concorrenza \n\ncompetition laws \n\nle norme sulla concor \nrenza sleale \n\nlaw of unfair \ncompetition \n\ni diritti conferiti \ndai marchi anteriori \n\nrights accruing from \nprior trade marks \n\nun diritto esclusivo \n\nexclusive right \n\nconferire diritti \nesclusivi \n\nto confer exclusive \nrights \n\nil marchio viene \nriconosciuto e tutelato \ncome diritto esclusivo \ndel produttore o dell' \nimpresa commerciale \n\ntrade marks are recognised \nas belonging exclusively \nto a particular manufac \nturer or distributor \n\nles principes de droit i principi di diritto \ninternational priv\u00e9 \ninternazionale privato \n25,1 \n\nrules of private inter \nnational law \n\nles droits a des mar \nques ou autres signes \n123,2 \n\nle droit \u00e0 la marque \npeut se perdre pos \nt\u00e9rieurement \u00e0 l'en \nregistrement \nM 8/76 - 131 \n\nl'\u00e9puisement du \ndroit \u00e0 la marque \nM 8/76 - 116 (T) \n\nle droit des marques \n8 T \n\nun droit des marques \napplicable sur l'en \nsemble du territoire \nde la Communaut\u00e9 \nM 8/76 - 16 \n\nla coexistence des \ndroits des marques \ncommunautaires et \nnationaux \nM 8/76 - 66 \n\ni diritti su marchi o \naltri segni \n\nrights from trade marks \nor other designations \n\nla perdita del diritto \nal marchio dopo la sua \nregistrazione \n\ntrade mark rights may \nbe lost subsequent to \nthe registration period \n\nl'estinzione del \ndiritto al marchio \n\nexhaustion of trade \nmark rights \n\nil diritto dei marchi \n\ntrade mark law \n\nun diritto dei marchi \navente validit\u00e0 in \ntutta la Comunit\u00e0 \n\na system of trade mark \nlaw applicable through \nout the territory of \nthe Community \n\nla coesistenza degli \nordinamenti nazionali \ne di quello comunitario \n(in materia di marchi) \n\ncoexistence of national \nand community systems \n\n- 58 \n\nPE 64. 907 \n\n\fdas Handelsrecht \n\nhet handelsrecht \n\nhandelsret \n\n100 - 100 \n\ndas Wettbewerbsrecht \n\nhet mededingingsrecht \n\nkonkurrenceret \n\nRechtsvorschriften \u00fcber het recht inzake oneer \nden unlauteren Wettbewerb lijke concurrentie \n\nlovgivningen om illoyal \nkonkurrence \n\nRechte aus \u00e4lteren \nMarken \n\nde rechten die zijn ver \nbonden aan oudere mer \nken \n\nrettigheder i henhold \ntil \u00e6ldre varem\u00e6rker \n\nein ausschlie\u00dfliches \nRecht \n\neen uitsluitend recht \n\neneret \n\nein ausschlie\u00dfliches \nRecht gew\u00e4hren \n\nuitsluitende rechten \nverschaffen \n\ngive eneret \n\ndie Marke wird Mitglied= \nStaaten als ausschlie\u00df= \nliches Recht eines Her= \nstellers oder Handels= \nUnternehmers anerkannt \nund gesch\u00fczt \n\nhet merk wordt als \nexclusief recht van een \nproducent of een handels \nonderneming erkend en \nbeschermd \n\nvarem\u00e6rket anerkendes \nog beskyttes som pro= \nducentens eller handels= \nvirksomhedens eneret \n\ndie Regeln des inter= \nnationalen Privatrechts \n\nde beginselen van het \ninternationaal privaat \nrecht \n\ninternational privatret \n\nRechte an Marken oder \nsonstigen Bezeichnungen \n\nrechten op merken of \nandere tekens \n\nretten til varem\u00e6rker \neller andre kendetegn \n\nder Verlust des Marken= \nrechts kann nach erfolg= \nter Eintragung eintreten \n\nna inschrijving vindt een fortabelse af varem\u00e6rke= \nretten indtr\u00e6der, efter \nverlies van het merk- \nat registrering er fore= \nrecht plaats \ntaget \n\ndie Erschl\u00f6pfung des \nMarkenrechts \n\nhet tenietgaan van het \nrecht op het merk \n\nudt\u00f8mning af varem\u00e6rke= \nrettigheder \n\ndas materielle Marken= \nrecht \n\nhet materieel merken \nrecht \n\nmateriel varem\u00e6rkeret \n\nim gesamten Gebiet der \nGemeinschaft geltendes \nMarkenrecht \n\neen merkenrecht dat op \nhet gehele gebied van \nde Gemeenschap geldt \n\nen varem\u00e6rkeret g\u00e6ldende \ninden for F\u00e6llesskabet \nsom helhed \n\ndie Koexistenz von EWG-\nund nationalen Marken \n\nde co\u00ebxistentie van de \nbeide rechtskringen. communautaire en natio \nnale merkenrechten \n\nde to retsomr\u00e5ders sam= \neksistens (F\u00e6llesskabets \nvarem\u00e6rkeret og den na= \ntionale varem\u00e6rkeret) \n\n59 -\n\nPE 64. 907 \n\n\f100. droit (suite) \n\nle droit communautaire il diritto comunitario \ndes marques \nM 8/76 - 1 \n\ndei marchi \n\nCommunity trade mark \nlaw \n\nle droit europ\u00e9en \ndes marques \n185 \n\nil diritto europeo dei \nmarchi \n\nEuropean trade mark law \n\ndes am\u00e9liorations de miglioramenti intesi a \nnature \u00e0 perfectionner perfezionare il dirit-\nle droit europ\u00e9en des to europeo dei marchi \nmarques \n185 \n\nimprovements of a nature \ndesigned to perfect the \nEuropean trade mark law \n\nle droit materiel \ndes marques \nM 8/76 - 2 \n\nle rapprochement des \ndroits nationaux des \nmarques \nM 8/76 - 36 \n\nil diritto sostanziale \n\ndei marchi \n\nsubstantive trade mark \nlaw \n\nil ravvicinamento del \ndiritto interno sui \nmarchi \n\napproximation of \nnational trade mark \nlaws \n\nl'assise territoriale \ndu droit des marques \nM 8/76 - 26 \n\nla limitazione dell'ef \nficacia territoriale \ndel marchio \n\nterritorial limits \nof national trade mark \nlaw \n\ninstituer un droit \ndes marques \n1 \n\nle d r o it \n\nc o n f \u00e9 r er \nde s ' o p p o s er \n1 7 2 ,1 \n\nl i m i t a t i on du \nla \nd r o it d' o p p o s i t i on \nM 8 / 76 - 93 \n\naccorder un d r o it de \npr ior i te \n68,6 \n\nj o u ir d'un d r o it \nde p r i o r i t\u00e9 \n6 8. 1 \n\nla r e v e n d i c a t i on du \nd r o it de p r i o r i t\u00e9 \n6 8 ,5 \n\nl es d r o i ts de p r o \np r i \u00e9 t\u00e9 \nM 8/76 - 44 \n\ni n d u s t r i e l le \n\ni s t i t u i re un d i r i t to \nd ei marchi \n\nto e s t a b l i sh a t r a de \nmark law \n\nc o n f e r i re \ndi opporsi \n\nil d i r i t to \n\nto grant the r i g ht \noppose \n\nto \n\nl i m i t a z i o ne d el \nla \nd i r i t to d ' o p p o s i z i o ne \n\n- \n\nl i m i t a t i on of the \nr i g ht to e n t er an \no p p o s i t i on \n\n- r e s t r i c t i on of \n\no p p o s i t i on p r o c e e d i n gs \n\nconcedere un d i r i t to \ndi p r i o r i t\u00e0 \n\nto grant a p r i o r i ty \nr i g ht \n\ngodere di un d i r i t to di \np r i o r i t\u00e0 \n\nto e n j oy a p r i o r i ty \nr i g ht \n\nla r i v e n d i c a z i o ne d el \nd i r i t to di p r i o r i t\u00e0 \n\nto c l a im a r i g ht of \np r i o r i ty \n\ni d i r i t ti di p r o p r i e ta \ni n d u s t r i a le \n\ni n d u s t r i al property \nr i g h ts \n\n- 60 -\n\nPE 64. 907 \n\n\f- das Markenrecht der \n\nGemeinschaft \n\n- das gemeinschaftliche \n\nMarkenrecht \n\nhet communautair merken- en f\u00e6llesskabsvarem\u00e6rkeret \nrecht \n\nloo - 100 \n\ndas europ\u00e4ische Marken= \nrecht \n\nhet Europese merken \nrecht \n\nkonventionen (om euro= \np\u00e6isk varem\u00e6rkeret) \n\nVerbesserungen, die ge= \neignet sind, das euro= \np\u00e4ische Markenrecht zu \nvervollkommnen \n\nverbeteringen die kunnen forbedringer, som kan \nstrekken tot vervolma- \nking van het Europese \nmerkenrecht \n\ntjene til at fuldkom= \nmeng\u00f8re den europ\u00e6iske \nvarem\u00e6rkeret \n\ndas materielle Marken= \nrecht \n\nhet materi\u00eble merken \nrecht \n\nden materielle varem\u00e6rke= \nret \n\ndie Angleichung des \ninnerstaatlichen Marken= \nrechts \n\nde harmonisatie van het \nmerkenrecht der Lid-Sta-\nten \n\nden indbyrdes tiln\u00e6rmelse \naf nationale retssystemer \n\ndie territoriale Be= \ngrenzung des Marken= \nrechts \n\nde territoriale beper- \nking van het merkenrecht begr\u00e6nsning \n\nvarem\u00e6rkets territoriale \n\nein Recht der Marken \nschaffen \n\neen merkenrecht in het \nleven roepen \n\nindf\u00f8re et retssystem \nfor varem\u00e6rker \n\ndas Recht gew\u00e4hren, \nsich zu widersetzen \n\nhet recht geven zich te \nverzetten \n\ngive ret til at mod= \ns\u00e6tte sig \n\ndie Beschr\u00e4nkung des \nWiderspruchsrechts \n\nde beperking van het \nrecht van oppositie \n\nbegr\u00e6nsning af retten \ntil indsigelse \n\nein Priorit\u00e4tsrecht \ngew\u00e4hren \n\neen recht van voorrang \ntoekennen \n\nindr\u00f8mme en fortrinsret \n\nein Priorit\u00e4tsrecht \ngenie\u00dfen \n\neen recht van voorrang \ngenieten \n\nnyde fortrinsret \n\ndie Inanspruchnahme des het beroep op het recht krav om fortrinsret \nPriorit\u00e4tsrechts \n\nvan voorrang \n\ndie gewerblichen Schutz= de industri\u00eble eigendoms- den industrielle ejen= \nrechte \n\ndomsret \n\nrechten \n\n61 \n\nPE 64. 907 \n\n\f100. droit (suite) \n\nle droit de propri\u00e9t\u00e9 la propriet\u00e0 industriale industrial or commercial \nindustrielle ou com- o commerciale \nmerciale \nM 8/76 - 15 \n\nproperty \n\nles travaux de rappro- i lavori per il ravvi-\nchement ou d'unifica- cinamento o l'unifica \ntion du droit de la \nzione dei diritti di \npropri\u00e9t\u00e9 industrielle propriet\u00e0 industriale \nM 8/76 - 3 \n\nwork on the harmonization \nor unification of industrial \nproperty law \n\nun droit d'usage \nlimit\u00e9 au plan local \n123,2 \n\nla d\u00e9fense ad\u00e9quate \ndes droits \n148,3 \n\n\u00eatre r\u00e9tabli dans ses \ndroits \n142,1 \n\n101. \u00e9change \n\nla lib\u00e9ralisation des \n\u00e9changes de produits \nde marque et de ser \nvices couverts par \ndes marques \nM 8/76 - 24 \n\n102. effet \n\navoir effet \n2,2 - 13 \n\n\u00eatre sans effet \n24,2 \n\n10 3. \u00e9l\u00e9ment \n\nseuls certains \u00e9l\u00e9 \nments de la marque \nd\u00e9pos\u00e9e ne sont pas \nsusceptibles de pro \ntection \nM 8/76 - 89 \n\nun diritto d'uso local \nmente limitato \n\nrestricted right of \nlocal use \n\nl'adeguata tutela dei \ndiritti \n\nproper protection of \nthe rights involved \n\nessere reintegrato nei \nsuoi diritti \n\nto have his rights re \nstored \n\nla libera circolazione \ndi merci e servizi do \ntati di marchio \n\nestablishment of a free \nmarket for branded goods \nand services bearing \ntrade marks \n\navere efficacia \n\nto have effect \n\nessere privo di effetto not to be affected \n\nsolo singoli elementi \ndi un marchio non sono \nidonei alla protezione \n\nonly individual components \nof a trade mark applied \nfor are not eligible for \nprotection \n\nun \u00e9l\u00e9ment d'un nom \ncommercial \nM 8/76 - 109 \n\nuna componente della \ndenominazione di una \nditta \n\npart of a business \nname \n\n104. empreinte \n\n1'empreinte \n8,1 \n\n105. enregistrement \n\nl'enregistrement de \nla marque \nChap, iv\u00e8, 4\u00e8 sec. lo stampo \n\nprint \n\nla registrazione del \nmarchio \n\nregistration of the \ntrade mark \n\nla demande et l'en \nregistrement d'une \nmarque communautaire \nM 8/76 - 61 \n\nla domanda di registra \nzione e la registrazione \nstessa di marchi comu \nnitari \n\nproposal and registra \ntion of an EEC trade mark \n\n62 -\n\nPE 64. 907 \n\n\fdas gewerbliche oder \nkommerzielle Eigentum \n\nhet industri\u00eble of com- industriel eller kommer= \nmerci\u00eble eigendom(srecht) ciel ejendomsret \n\n100 105 \n\ndie Arbeiten zur An= \ngleichung oder Verein= \nheitlichung des gewerb= \nliehen Rechtsschutzes \n\nde werkzaamheden tot \nharmonisatie of uni \nficatie van de industri \n\u00eble eigendom \n\narbejde med henblik p\u00e5 \nindbyrdes tiln\u00e6rmelse \neller standardisering \naf den industrielle ejen= \ndomsret \n\nein \u00f6rtlich beschr\u00e4nk= \ntes Benutzungsrecht \n\neen naar plaats beperkt \ngebruiksrecht \n\nen stedligt begr\u00e6nset \nbrugsret \n\ndie zweckentsprechende \nWahrung der Rechte \n\neen verantwoorde ver \ndediging van de rechten \n\nen hensigtsm\u00e6ssig vare= \ntagelse af rettighederne \n\nwieder in den vorigen \nStand einsetzen \n\nin zijn rechten her \nstellen \n\ngenerhverve sin tid= \nligere ret \n\ndie Herstellung des \nfreien Verkehrs von Mar= \nkenwaren und (von) \nDienstleistungen unter \nMarken \n\nhet vrije verkeer van \ngennemf\u00f8relsen af den \nmerkartikelen en diensten frie bev\u00e6gelighed for \nonder bepaalde merken \n\nm\u00e6rkevarer og tjeneste= \nydelser under et vare= \nm\u00e6rke \n\nbestehen \nWirkung haben \n\nvan kracht zijn \nde werking strekt \nzich uit \n\nhave virkning \n\nau\u00dfer Betracht bleiben \n\ngeen gevolg hebben \n\nikke komme i betragtning \n\nnur einzelne Bestand= \nteile der angemeldeten \nMarke sind schutzun= \nf\u00e4hig \n\nslechts onderdelen van \nhet gedeponeerde merk \nkunnen niet worden be \nschermd \n\nkun enkelte bestanddele \naf det anmeldte m\u00e6rke, \nder ikke kan beskyttes \n\nein Bestandteil eines \nHandelsnamens \n\neen bestanddeel van een en bestanddel af en \nhandelsnaam \n\nhandelsbetegnelse \n\nder Abdruck \n\nde afdruk \n\na ftryk \n\ndie Eintragung der Marke de inschrijving van het varem\u00e6rkers registrering \n\nmerk \n\ndie Anmeldung und Ein= \ntragung von EWG-Marken \n\nhet depot en de inschrij- anmeldelse og registrering \nving van EEG-merken \n\naf EF-m\u00e6rker \n\n63 -\n\nPE 64. 907 \n\n\f105. enregistrement (suite) \n\nles cas dans lesquels i casi in cui la \nl'enregistrement de la registrazione del mar-\nchio deve essere rifiu \nmarque d\u00e9pos\u00e9e doit \ntata \n\u00eatre refus\u00e9 \nM 8/76 - 77 \n\nthose/the cases where \nthe mark applied for \nshould be excluded from \nregistration \n\nles conditions d'en \nregistrement des mar \nques \nM 8/76 - 74 \n\ni requisiti di vali \ndit\u00e0 necessari alla re \ngistrazione dei marchi \n\nprovisions governing \nthe registration of \ntrade marks \n\nl'enregistrement de \ngli effetti della regi^. prend fin au terme etrazione di. durano \nde. 21. (dieci anni) \n\nthe registration of. shall cease to be \nvalid on expiry of. l'enregistrement est \npubli\u00e9 au Bulletin \neurop\u00e9en des marques \n88 \n\n1'enregistrement \nfutur de signes dis \nti nctifs \nM 8/76 - 73 \n\nun certificat d'en \nregistrement \n89 \n\nla registrazione e pub \nblicata nel Bollettino \neuropeo dei marchi \n\nthe entry shall be \npublished in the Euro \npean Trade Mark Journal \n\nla registrazione \nfutura di segni distin- distinguishing charac-\ntivi \n\nregistration of \n\nteristics \n\nun attestato di registra- certificate of registra \nzione \n\ntion \n\nla dur\u00e9e de l'enregis- la durata della registra- term of registration \ntrement \n21 (T) - 22 \n\nzione \n\nla dur\u00e9e de l'enre \ngistrement de la mar \nque est arriv\u00e9e a \nexpiration \n108, b \n\nl'expiration de la \ndur\u00e9e de l'enregis \ntrement \n103 - 105,1 \n\nper decorso del termine the registration of the \ndi durata della registra- trade mark has expired \nzione \n\nla scadenza della du \nrata della registra \nzione \nla scadenza della re \ngistrazione \n\nexpiry of the registra \ntion \n\n\u00eatre exclu de l'enre- essere escluso dalla \ngistrement \n72a - 73 - 74,1,2,3 - 77,1 \n\nregistrazione \n\nto be excluded from \nregistration \n\nla marque/la marque \neurop\u00e9enne est exclue \nde l'enregistrement \n79,2 - 116,1 - 130,2 \n\nil marchio/il marchio \neuropeo \u00e8 escluso dalla \nregistrazione \n\nthe trade mark/the \nEuropean trade mark is \nexcluded from registra \ntion \n\n- 64 \n\nPE 64. 907 \n\n\fdie(jenigen) F\u00e4lle,in \ndenen die angemeldete \nMarke von der Eintragung \nauszuschlie\u00dfen ist \n\nde gevallen waarin het \nmerk, waarvoor inschrij \nving is aangevraagd, \nmoet worden uitgesloten \n\n105 105 \n\nde tilf\u00e6lde, hvor det \nanmeldte varem\u00e6rke skal \nudelukkes fra registering \n\ndie Voraussetzungen f\u00fcr \ndie Registrierung von \nMarken \n\nde voorwaarden voor de \ninschrijving van merken \n\nforuds\u00e6tningerne for \nregistreringen \n\ndie Eintragung. nach Ablauf von \n\nendet de inschrijving van \n\nvervalt na verloop \nvan. registreringen af euro= \np\u00e6iske varem\u00e6rker op= \nh\u00f8rer efter udl\u00f8bet af \n\ndie Eintragung wird im \nEurop\u00e4ischen Marken= \nblatt ver\u00f6ffentlicht \n\nde inschrijving wordt \nin het Europese merken-\nblad openbaar gemaakt \n\nregistreringen bekendt= \ng\u00f8res i Den Europ\u00e6iske \nRegistreringstidende \nfor Vare- og F\u00e6llesm\u00e6rker \n\ndie k\u00fcnftige Eintragung \nvon Kennzeichen \n\nde in de toekomst regi-\nstreerbare tekens \n\nkendetegn, der for \nfremtiden kan registreres \n\neine Urkunde \u00fcber die \nEintragung \n\neen inschrijvingsbe-\nwijs \n\net registreringsbevis \n\ndie Dauer der Eintragung de geldigheidsduur van \n\n- registreringens varig= \n\nde inschrijving \n\nhed \n\n- registreringsperioden \n\ndie Dauer der Eintra= \ngung der Marke ist ab= \ngelaufen \n\nde geldigheidsduur van \nde inschrijving van het periode er udl\u00f8bet \nmerk is verstreken \n\nvarem\u00e6rkets registrerings= \n\nder Ablauf der Dauer \nder Eintragung \n\nhet verstrijken van de - registreringsperiodens \ngeldigheidsduur van de \ninschrijving \nde afloop van de geldig \nheidsduur van de in \nschrijving \n\nudl\u00f8b \nudl\u00f8bet af registrerings= \nperioden \n\nvon der Eintragung \nausgeschlossen sein \n\nvan inschrijving uitge \nsloten zijn \n\n- v\u00e6re udelukke fra regi= \n\nstrering \n\n- udelukkelse fra regi= \n\nstrering \n\ndie Marke/die europ\u00e4ische het merk/het Europese \nMarke ist von der Eintra= merk is van inschrij-\ngung ausgeschlossen \n\nving uitgesloten \n\nvarem\u00e6rket/det europ\u00e6iske \nvarem\u00e6rke er udelukket \nfra registrering \n\n- 65 \n\nPE 64. 907 \n\n\f105. enregistrement (suite) \n\nle droit a la marque \npeut se perdre post\u00e9 \nrieurement \u00e0 l'enre= \ngistrement \nM 8/76 - 131 \n\nla perdita del dirit \nto al marchio dopo la \nsua registrazione \n\ntrade mark rights may \nbe lost subsequent to \nthe registration period \n\nla d\u00e9cision de proc\u00e9der la decisione sulla regi-\n\u00e0 l'enregistrement \n87 \n\nstrazione del marchio \n\ndecision to register \nthe trade mark \n\nla proc\u00e9dure d'enre \ngistrement \n70,2 - Chap. IV -\n100,1 - 148,1 -\nM 8/76 - 35 \n\n- la procedura per la \n\nregistrazione \n\n- il procedimento per \nla registrazione \n\n- procedure for regi \n\nstration/register ing \n- registration procedure \n\nla proc\u00e9dure d'enre \ngistrement d'une mar \nque europ\u00e9enne/de la \nmarque europ\u00e9enne \n147,2 - 148,1 \n\nil procedimento per la \nregistrazione di un \nmarchio europeo/del \nmarchio europeo \n\nproceedings for the \nregistration of a \nEuropean trade mark/ \nthe European trade mark \n\nla proc\u00e9dure d'enre \ngistrement d'une mar \nque nationale \n70,2 - 100,1 \n\nla procedura/il proce \ndimento per la registra \nzione di un marchio \nnazionale \n\nprocedure for registra \ntion of/registering a \nnational trade mark \n\nle d\u00e9roulement des \nproc\u00e9dures d'enre \ngistrement \n61,3 \n\nles frais de la pro \nc\u00e9dure d'enregistre \nment \n148 (T) \n\nle jour de la publi \ncation de l'enregi \nstrement \nM 8/76 - 111 \n\nradier l'enregistre \nment \n11. 1. c \n\nle signe mentionnant \n1'enregistrement \n126 (T) \n\n106. enregistrer \n\n\u00eatre enregistr\u00e9 en \ntant que marque euro \np\u00e9enne \n126,1 \n\nlo svolgimento delle \nprocedure di registra \nzione \n\nprogress of registra \ntion proceedings \n\nle spese del procedi \nmento per la registra \nzione \n\ncosts in registration \nproceedings \n\nil giorno della pubbli \ncazione della registra \nzione \n\nthe date on which the \nregistration is published \n\ncancellare la registra \nzione \n\nthe registration has \nlapsed \n\n1'indicazione della re \ngistrazione \n\nindication of registra \ntion \n\nessere registrato quale \nmarchio europeo \n\nto be registered as \na European trade mark \n\n- 66 -\n\nPE 64. 907 \n\n\fder Verlust des Marken^ \nrechts kann nach erfolg= \nter Eintragung eintreten \n\nna inschrijving vindt een fortabelse af varem\u00e6rke= \nverlies van het merkrecht retten indtr\u00e6der, efter \nplaats \n\nat registreringen er fore= \ntaget \n\n105 106 \n\ndie Eintragungsverf\u00fcgung de beslissing tot in \n\nbeslutning om registrering \n\nschrijving \n\n- das Verfahren zur Ein= \n\ntragung \n\n- das Eintragungsver= \n\nfahren \n\n- das Verfahren \u00fcber die \n\nEintragung \n\n- de inschrijvingsproce \n\ndure \n\n- de procedure tot in \n\nschrijving \n\n- de procedure over de \n\ninschrijving \n\nregistreringsproceduren \nregistrering \n\ndas Verfahren \u00fcber die \nEintragung einer euro= \np\u00e4ischen Marke/das Ver= \nfahren zur Eintragung \nder europ\u00e4ischen Marke \n\nde procedure over de in \nschrijving van een Euro \npees merk/de procedure \nvan de inschrijving van \nhet Europese merk/de \nprocedure tot inschrij \nving van een Europees \nmerk \n\n- registrering af et \neurop\u00e6isk varem\u00e6rke \n\n- registreringsproceduren \nvedr\u00f8rende det euro= \np\u00e6iske varem\u00e6rke/euro= \np\u00e6iske varem\u00e6rker \n\nde inschrijvingsprocedu- registreringsproceduren \ndas Verfahren zur Ein= \ntragung einer nationalen re/de procedure tot in- for registrering af et \nschrijving van een na- \nMarke \ntionaal merk \n\nnationalt varem\u00e6rke \n\nder Verlauf des Ein= \ntragungsver fahrens \n\nhet verloop van de in-\nschr ij vingsprocedures \n\nforl\u00f8bet af registrerings= \nproceduren \n\ndie Kosten im Eintra= \ngungsver fahren \n\nde kosten van de in \nschrijvingsprocedure \n\nomkostninger ved regi= \nstreringsprocedure \n\nder Tag der Ver\u00f6ffent= \nlichung der Eintragung \n\nde dag van publikatie \nvan de inschrijving \n\ndagen for bekendtg\u00f8relsen \nom registreringen \n\ndie Eintragung l\u00f6schen \n\nde inschrijving door \nhalen \n\noph\u00e6ve registrering \n\nder Eintragungshinweis \n\nde aanduiding van de in- henvisning til regi= \nschrijving \n\nstreringen \n\nals europ\u00e4ische Marke \neingetragen sein \n\nals Europees merk zijn \ningeschreven \n\nv\u00e6re registreret som \neurop\u00e6isk varem\u00e6rke \n\n67 \n\nPE 64. 907 \n\n\f106. enregistrer (suite) \n\nfaire enregistrer \npour son propre comp \nte une marque identi \nque ou similaire a \nune autre \nM 8/76 - 31 \n\n107. entendre \n\ndepositare un proprio \nmarchio identico o \nsimile al primo \n\nto register an identical \nor similar trade mark \n\ns'entendre a l'amiable \nM 8/76 - 37 \n\nraggiungere un'amiche \nvole composizione del7 \nla controversia \n\nto procure an amicable \nsettlement \n\n108. entreprise \n\nune entreprise li\u00e9e \nau d\u00e9posant \nM 8/76 - 83 \n\nl'entreprise presta \ntaire (de services) \nM 8/76 - 70 \n\n109. erreur \n\nrectifier des erreurs \nmat\u00e9rielles et des \nerreurs d'expression \n76 \n\nles risques de con \nfusion, d'erreur et \nde tromperie \nM 8/76 - 17 \n\nla protection du con \nsommateur contre la \nconfusion, l'erreur \net la tromperie \nM 8/76 - 25 \n\n110. ester \n\nester en justice \n27,2 \n\n111. \u00e9tablissement \n\nl'\u00e9tablissement indu \nstriel ou commercial \n23,1 \n\n112. examen \n\nl'examen d'office \nrelatif aux droits \nant\u00e9rieurs \nM 8/76 - 74 \n\nla division d'examen \nM 8/76 - 100,103 \n\nla notification \nd'examen \n61,3 - 101,2c \n\nun'impresa collegata al \nrichiedente \n\nrelated company \n\nl'impresa che offre i \nsuoi servizi \n\nthe firm that offers \nservices \n\nrettificare errori ma \nteriali o di forma \n\ncorrection of clerical \nor linguistic errors \n\nconfusioni, inganni e \nfrodi \n\nconfusion, deception \nand misleading informa \ntion \n\nla tutela del consuma \ntore da confusioni, \ninganni e frodi \n\nprotection of consumers \nfrom being confused, \nmisled and deceived \n\nstare in giudizio \n\nto institute proceedings \nin its own name \n\nl'azienda industriale \no commerciale \n\ntrading activity \n\nla verifica d'ufficio \ndi eventuali diritti \ndi preuso \n\nautomatic searches for \nprior rights \n\nla divisione d'esame \n\nsearch division \n\n- la notificazione \n\nd'esame \n\n- la comunicazione \n\nd'esame \n\n- examiners' reports \n- decision by the \n\nexamining division \n\n- 68 -\n\nPE 64. 907 \n\n\feine identische oder \n\u00e4hnliche Marke f\u00fcr sich \neintragen lassen \n\nvoor zich een iden \ntiek of soortgelijk \nmerk laten inschrijven \n\nf\u00e5 registreret et iden= \ntisk eller tilsvarende \nvarem\u00e6rke for sig selv \n\n106 - 112 \n\nsich g\u00fctlich einigen \n\neen minnelijke oplos \nsing zoeken \n\nen mindelig ordning \n\nein verbundenes Unter= \nnehmen \n\neen met de aanvrager \nverbonden onderneming \n\nen tilknyttet virksomhed \n\ndas Unternehmen, das \nDienstleistungen er= \nbringt \n\nde onderneming die haar virksomheden, som pr\u00e6sterer \ndiensten verricht \n\ntjenesteydelser \n\ndie Berichtigung von \nSchreibfehlern und \nsprachlichen Fehlern \n\nschrijffouten en onjui- berigtigelse af skrive= \nfejl og sproglige fejl \nste uitdrukkingen ver- \nbeteren \n\nVerwechslung, Irref\u00fchrung verwarring en misleiding forveksling, vildledning \nund T\u00e4uschung \n\neller fejltagelser \n\nder Schutz des Verbrau= \nchers vor Verwechslung, \nIrref\u00fchrung und T\u00e4u= \nschung \n\nde bescherming van de \nconsument tegen ver \nwarring en misleiding \n\nbeskytte forbrugeren mod \nforveksling, vildledning \nog fejltagelse \n\nvor Gericht stehen \n\nin rechte optreden \n\nvaare part i retssager \n\nder Gesch\u00e4ftsbetrieb \n\nde fabriek of handels \nonderneming \n\nerhvervsvirksomhed \n\ndie Pr\u00fcfung von Amts \nwegen auf \u00e4ltere Rechte \n\nhet ambtshalve onder- \nzoek naar oudere rechten med henblik p\u00e5 \u00e6ldre ret= \n\nen unders\u00f8gelse ex officio \n\ntigheder \n\ndie Pr\u00fcfungsabteilung \n\nde onderzoekafdeling \n\ngranskningsafdeling \n\nder Pr\u00fcfungsbescheid \n\n- de kennisgeving naar \naanleiding van het \nonderzoek \n\n- de mededeling betref \nfende het onderzoek \n\n- afgivne meddelelser \n\nang\u00e5ende granskninger \n\n- afgiven meddelelse \n\n69 -\n\nPE 64. 907 \n\n\f112. examen (suite) \n\nla section d'examen \nM 8/76 - 103 \n\n113. examinateur \n\n1' examinateur \nM 8/76 - 78 \n\nla sezione d'esame \n\nexamining section \n\n1'autorita \n\nexaminer \n\nl'examinateur juriste l'esaminatore giurista \n50,2 - 51,2 \n\nlegally qualified \nexaminer \n\n114. exception \n\nsous forme d'excep \ntion \nM 8/76 - 94 \n\ninvoquer sous forme \nd'exception le d\u00e9 \nfaut de validit\u00e9 \nM 8/76 - 157 \n\n115. ex\u00e9cution \n\nl'ex\u00e9cution forc\u00e9e \n152,2 \n\npoursuivre l'ex\u00e9cu- \ntion forc\u00e9e \n152,3 \n\n116. exercice \n\nl ' e x e r c i ce budg\u00e9taire \n38,1 - 39,1,2 - 40 \n\n117. expertise \n\n1'expertise \n140,Id \n\n118. expos\u00e9 \n\nl'expos\u00e9 des motifs \nd'appel \n134,1 \n\n119. extinction \n\nl'extinction de la \nmarque \nM 8/76 - 33 \n\n120. fabricant \n\nles fabricants et \ndistributeurs d'ar \nticles de marque \nM 8/76 - 19 \n\n121. fabrication \n\nquale eccezione \n\nas a defence \n\ninvocare l'eccezione \n\ndi invalidit\u00e0 (del \nmarchio CEE) \n\nto allow the defence \nthat a trade mark is \ninvalid \n\nl'esecuzione forzata \n\nenforcement \n\nintraprendere l'esecu- \nzione forzata \n\nto levy distraint \n\nl ' e s e r c i z io finanziario \n\nfinancial year \n\nla perizia \n\nexpert opinion \n\nla motivazione dell'ap- grounds of the appeal \npello \n\nl'estinzione del marchio lapse of the trade \n\nmark \n\ni produttori e distri \nbutori di articoli prov \nvisti di marchio \n\nmanufacturers and \ndistributors of branded \ngoods \n\nla fabrication indue- la produzione industriale mass production by \ntrielle en s\u00e9rie \nM 8/76 - 71 \n\ndi massa \n\nindustry \n\n70 \n\nPE 64. 907 \n\n\fdie Pr\u00fcfungsstelle \n\nde onverzoekinstantie \n\ngranskningssektionen \n\n112 - 121 \n\nder Pr\u00fcfer \n\nde onerzoeker \n\nsagsbehandleren \n\nder rechtskundige Pr\u00fcfer de rechtskundig onderzoe- en juridisk sagsbehandler \n\nker \n\nals Einwendung \n\nals vordering \n\nsom indsigelse \n\ndie Unwirksamkeit im \nWege der Einwendung gel= \ntend machen \n\ngeen doorslaggevende \nbezwaren tegen de toe- \nlating vaneen beroep op indsigelse \nde nietigheid \n\ntillade p\u00e5ber\u00e5belse af \nugyldighed i form af en \n\ndie Zwangsvollstreckung \n\nde gedwongen tenuitvoer- tvangsfuldbyrdelse \nlegging \n\ndie Zwangsvollstreckung \nbetreiben \n\nde gedwongen tenuitvoer \nlegging verwezenlijken \n\nforanstalte tvangs fuld= \nbyrdelse \n\ndas Haushaltsjahr \n\nhet begrotingsjaar \n\nbudget\u00e5ret \n\ndie Begutachtung durch \nSachverst\u00e4ndige \n\ndie Berufungsbegr\u00fcndung \n\nhet deskundigenrapport \n\nsagkyndiges bed\u00f8mmelse \n\nde voor het hoger \nberoep aangevoerde gron- g\u00e6ringen) \nden \n\nbegrundelse (af appelbe= \n\ndas Erl\u00f6schen der Marke het tenietgaan van het varem\u00e6rkets oph\u00f8r n\u00e5r. merk \n\ndie Hersteller und \nVerteiler von Marken= \nartikeln \n\nde fabrikanten en ver \nkopers van merkartike \nlen \n\nproducenter og for= \nhandlere \n\ndie industrielle Mas= \nsenfertigung \n\nde industri\u00eble massa \nprodukt ie \n\nden industrielle masse= \nfremstilling \n\n- 71 \n\nPE 64. 907 \n\n\f122. faute \n\nr e c t i f i er des fautes \n\u00e9videntes \n76 \n\n123. filiale \n\nla filiale \nM 8/76 \u00ad 116 \n\n124. foi \n\n\u00eatre de mauvaise foi \n23, 5 \n\n125. fonction \n\nla fonction fondamen\u00ad\ntale de la marque \nM 8/76 \u00ad 27 \n\nla fonction d'indica\u00ad\ntion de provenance \nde la marque \nM 8/76 \u00ad 29 \u00ad 68 \n\nla fonction publici\u00ad\ntaire de la marque \nM 8/76 \u00ad 68 \n\nles fonctions que \nl'on reconna\u00eet \u00e0 \nla marque \nM 8/76 \u00ad 68 \n\nla cessation des \nfonctions \n33\u039b \n\nles devoirs de la \nfonction \n33 (T) \n\ndurant l'exercice de \nleurs fonctions \n33,2 \n\ncorreggere deficienze \nevidenti \n\ncorrection of obvious \nmistakes \n\nla filiale \n\nsubsidiary \n\nrisultare in malafede \n\nto act otherwise than \nin good faith \n\nla funzione fondamentale \ndel marchio \n\nmain function of a \ntrade mark \n\n\u00ad la funzione di desi\u00ad\n\ngnazione dell'origine \ndel marchio \n\n\u00ad la funzione di certi\u00ad\nficazione dell'origi\u00ad\nne del prodotto \n\n\u00ad the trade mark's func\u00ad\n\ntion of indicating ori\u00ad\ngin \n\n\u00ad the function of the \n\nmark as an indication \nof origin \n\n,x \n\nla funzione pubblicitaria advertising value \ndel marchio \nof the trade mark \n\nle funzioni che vengono \nriconosciute al marchio \n\nthe functions which are \nattributed to the trade \nmark \n\nla cessazione del ser\u00ad\nvizio \n\ntermination of \nemployment \n\ni doveri inerenti alla \nfunzione \n\nduties of office \n\nfinch\u00e9 sono in servizio \n\nin the course of \ntheir employment \n\n126. fonds \n\nla constitution et \nl'entretien d'un \nfonds de r\u00e9serve \n37, 2 \n\ncostituire e alimentare \nun fondo di riserva \n\nestablishment and \nmaintenance of a \nreserve fund \n\n127. forme \nla violation des r\u00e8gles la violazione di norme \nde la proc\u00e9dure d'ap\u00ad del procedimento d'ap\u00ad\npel ou des formes de pello o di formativi \ncaract\u00e8re substan\u00ad aventi carattere sostan\u00ad\ntiel ziale \n138,2\u00b7 \n\nviolation of essential \nformal and procedural \nrules of appeal procedure \n\n\u00ad 72 \u00ad\n\nPE 64. 907 \n\n\fdie Berichtigung von \noffensichtlichen Un= \nrichtigkeiten \n\nkennelijke vergissingen \nverbeteren \n\nberigtigelse af \u00e5benbare \nurigtigheder \n\n122 - 127 \n\ndie Tochtergesellschaft \n\nde dochtermaatschappij \n\ndatterselskab \n\nnicht in gutem Glauben \nsein \n\nte kwader trouw zijn \n\nikke v\u00e6re i god tro \n\ndie grundlegende Funk= \ntion der Marke \n\nde fundamentele functie \nvan het merk \n\nvarem\u00e6rkets grundl\u00e6g= \ngende funktion \n\ndie Herkunftsfunktion \nder Marke \n\nde onderscheidende \nfunctie van het merk \nals aanduiding van her \nkomst \nde functie als aan \nduiding van herkomst \nvan het merk \n\nvarem\u00e6rkets herkomst= \nfunkt ion/opr indelse s= \nfunktion \n\ndie Werbewirkung der \nMarke \n\nde wervende kracht van \nhet merk \n\nm\u00e6rkets reklamevirkning \n\ndie Funktionen,die man \nder Marke zuerkennt \n\nde functies die men aan \nhet merk toekent \n\nde funktioner man til= \nl\u00e6gger m\u00e6rket \n\ndie Beendigung der \nAmtst\u00e4tigkeit \n\nde be\u00ebindiging van de \nfuncties \n\nendt tjenestetid \n\ndie Amtspflichten \n\nde ambtsplichten \n\ntjenestepligter \n\nw\u00e4hrend der Dauer ihres gedurende hun dienst-\nDienstverh\u00e4ltnisses \n\nverband \n\nunder deres tjenestetid \n\ndie Einrichtung und \nde vorming en instand-\nAufrechterhaltung eines houding van een reser-\nReserve fonds \n\nve fonds \n\netablering og opretholdelse \naf en reservefond \n\ndie Verletzung wesentliche: de schending van wezen- kr\u00e6nkelse af v\u00e6sentlige \nForm- oder Verfahrens= \nVorschriften der Beru= \nfungsverfahrens \n\nlijke bepalingen betref- form- eller procedure= \nfende de procedure of \nvan wezenlijke vormvoor \nschriften \n\nforskrifter \n\n73 -\n\nPE 64. 907 \n\n\f127. forme (suite) \n\nles formes qui sont \nimpos\u00e9es par la na \nture m\u00eame du produit \n8,2 \n\nles formes de pro \nduits ou de condi \ntionnement \n8,1 \n\nle forme che sono \nimposte dalla natura \nstessa del prodotto \n\nshapes which are \ndictated by the goods \nthemselves \n\nle forme dei prodotti \no delle loro confezioni \n\nshapes of articles \nor packing \n\n128. formule \n\napposer la \nex\u00e9cutoire \n152, 2 \n\n129. garantir \n\nformule \n\napporre la formula \nesecutiva \n\nto issue the enforce \nment order \n\ngarantir la loyaut\u00e9 \ndans la concurrence \nM 8/76 - 24 \n\nla marque ne garan \ntirait plus \u00e0 elle \nseule la provenance \ndu produit \nM 8/76 - 29 \n\nla garanzia della \nconcorrenza leale \n\nto ensure fair compe \ntition \n\nla garanzia della ef \nfettiva origine della \nmerce non deriverebbe \npi\u00f9 dal solo marchio \n\nthe trade mark alone \nwould no longer provide \na guarantee of the \norigin of the product \n\n130. gestion \n\ns'assurer de la bonne accertare una sana \ngestion financi\u00e8re \n45,2 \n\ngestione finanziaria \n\nto prove the soundness \nof the financial manage \nment \n\n131. holding \n\nla soci\u00e9t\u00e9 holding \nM 8/76 - 83 \n\n132. identification \n\nfaciliter l'identi \nfication des produits \nM 8/76 - 14 \n\nla marque est consi \nd\u00e9r\u00e9e comme un signe \nd'identification \nM 8/76 - 68 \n\n133. identifier \n\nidentifier les pro \nduits (d'apr\u00e8s leur \nprovenance) \nM 8/76 - 11 \n\nidentifier un pro \nduit particulier \nM 8/76 - 29 \n: \n134. immunit\u00e9 \n\njouir des privil\u00e8ges \net immunit\u00e9s n\u00e9ces \nsaires \u00e0 l'accomplis \nsement de leurs t\u00e2ches \n30 \n\nla finanziaria \n\nholding company \n\n\u2022 \n\nfacilitare l'identifi \ncazione dei prodotti \n\nto enable. products \n\nto \n\ni d e n t i fy \n\nil marchio in quanto \nsegno distintivo \n\nthe t r a de mark as a \nd i s t i n c t i ve sign \n\nidentificare i prodot \nti (in base alla loro \nprovenienza) \n\nto i d e n t i fy the goods \n(according to \norigin) \n\nt h e ir \n\nidentificare un deter \nminato prodotto \n\nto i d e n t i fy a p a r t i c u l ar \nproduct \n\nfruire dei privilegi \ne delle immunita neces \nsari all'adempimento \ndelle lore funzioni \n\nto enjoy those p r i v i l e g es \nand immunities which are \nnecessary to the carrying \nout of t h e ir \n\ntask \n\n74 \n\n-\n\nPE 64. 907 \n\n\fdie Formen, die durch \ndie Ware selbst bedingt \nsind \n\nvormen die door de aard \nvan de waar zelf worden \nbepaald \n\nen form, som er betinget \naf selve varens art \n\n127 - 134 \n\ndie Formen der Ware \noder der Verpackung \n\nde vormen van waren \nof van verpakkingen \n\nvarers og emballagers \nform \n\ndie Vollstreckungsklau= \nsei erteilen \n\nhet exequatur verlenen \n\np\u00e5tegning om tvangsfuld= \nbyrdelse \n\neinen redlichen Wett= \nbewerb gew\u00e4hrleisten \n\nde waarborging van een \neerlijke mededinging \n\nsikring af en redelig \nkonkurrence \n\ndie Marke allein \nw\u00fcrde nicht mehr die \nHerkunft der Ware \nverb\u00fcrgen \n\nhet merk alleen zou de \nwerkelijke herkomst van \nhet produkt niet meer \nwaarborgen \n\nvarem\u00e6rket alene garan= \nterer ikke l\u00e6ngere varens \nfaktiske oprindelse \n\nsich von der Wirtschaft= \nlichkeit der Haushalts= \nf\u00fchrung \u00fcberzeugen \n\nvaststellen of een goed \nfinancieel beheer is \ngevoerd \n\noverbevise sig om god \n\u00f8konomisk ledelse af \nforvaltningen \n\ndie Holdinggesellschaft \n\nde holding-maatschappij \n\net holdingselskab \n\ndie Identifizierung \nde identificatie van \nder Produkte erleichtern produkten vergemakke \n\nlette identificeringen \naf produkterne \n\nlijken \n\nder Begriff der Marke \nals Unterseheidungs= \nzeichen \n\nhet merk als onder \nscheidingsteken \n\ndefinition af m\u00e6rket som \nskelnem\u00e6rke \n\ndie G\u00fcter (nach ihrer \nHerkunft) identifizieren \n\nde goederen (naar her \nkomst) identificeren \n\nidentificere varerne \n(efter oprindelse) \n\nein bestimmtes Erzeug= \nnis identifizieren \n\neen bepaald produkt \nidentificeren \n\nidentificere et bestemt \nprodukt \n\ndie zur Erf\u00fcllung ihrer \nAufgaben erforderlichen \nVorrechte und Befreiun= \ngen genie\u00dfen \n\nde voorrechten en de \nvrijheden genieten die \nter vervulling van hun \ntaken nodig zijn \n\nder tilkommer. de til \nudf\u00f8relsen af deres op= \ngaver n\u00f8dvendige forret= \ntigheder og fritagelser \n\n75 \n\nPE 64. 907 \n\n\f135. inamovibilit\u00e9 \n\n1'inamovibilit\u00e9 \n56 (T) \n\n136. incomp\u00e9tence \n\n\u00eatre comp\u00e9tent pour \nse prononcer sur le \nrecours pour incom \np\u00e9tence, violation \nde forme substantiel \nle, etc. 36,1 \n\n137. incontestabilit\u00e9 \n\n1'incontestabilit\u00e9 \nde la marque commu \nnautaire \nM 8/76 - 135 \n\nle principe de \n1'incontestabilit\u00e9 \nM 8/76 - 137 \n\n138. ind\u00e9pendance \n\n1'ind\u00e9pendance \n55 (T) \n\noffrir toutes garan \nties d'ind\u00e9pendance \n45,1 \n\n139. indication \n\n1'inamovibilit\u00e0 \n\npersonal independence \n\nessere competente a de- to be empowered to hear \ncidere i ricorsi per in- appeals against decisions \ncompetenza, violazione di alleged to be ultra vires, \nforme essenziali, ecc. violation of a basic \nprocedural rule \n\nl'inoppugnabilit\u00e0 del \nmarchio europeo \n\nincontestability of the \nEEC trade mark \n\nil principio dell'inop \npugnabilit\u00e0 \n\nprinciple of incon \ntestability \n\n1'indipendenza \n\nfreedom from \ninstructions \n\ndare pieno affidamento \ndi indipendenza \n\nto guarantee fully \nindependence \n\nl'indication descrip- l'indicazione descrit \ntive \nM 8/76 - 86 \n\nt iva \n\ndescriptive term \n\nl'usage d'indications l'uso di segni indica-\ndescriptives \nM 8/76 - 109 \n\ntivi o descrittivi \n\nuse of descriptive \nterms \n\nla fonction d'indica \ntion de provenance \nM 8/76 - 68 \n\nla funzione di certi \nficazione dell'origine \ndel prodotto \n\nfunction of the \nmark as an indication \nof origin \n\n140. information \n\nla demande d'infor \nmation \n61 (T) \n\n141. injonction \n\n1'injonction \n65,4 - 77,2 \n\n142. instance \n\nles instances \nd'annulation \nM 8/76 - 101 \n\n1'instance dont la \nd\u00e9cision est atta \nqu\u00e9e \n95. 1 \n\nla richiesta di infor \nmazione \n\nrequests for information \n\n- l'ingiunzione \n- l'invito \n\n- demand for payment \n- request \n\nle istanze competenti \nper la pronuncia della \nnullit\u00e0 \n\nl'autorit\u00e0 che ha pro \nnunciato la decisione \nimpugnata \n\ninvalidity procedures \n\nauthority whose decision \nis contested \n\n76 \n\nPE 64. 907 \n\n\fdie pers\u00f6nliche Unab= \nh\u00e4ngigkeit \n\nde onafzetbaarheid \n\npersonlig uafh\u00e6ngighed \n\n135 - 142 \n\nzust\u00e4ndig sein f\u00fcr \nKlagen wegen Unzust\u00e4n= \ndigkeit, Verletzung \nwesentlicher Formvor= \nSchriften, usw. bevoegd zij uitspraak \nte doen over beroepen \nwegens onbevoegdheid, \nschending van een wezen \nlijk vormvoorschrift \n\nv\u00e6re kompetent i sager, \nsom anl\u00e6gges p\u00e5 grundlag \naf manglende kompetence, \nkr\u00e6nkelse af v\u00e6sentlige \nformforskrifter etc. die Unanfechtbarkeit \nder EWG-Marke \n\nde onaantastbaarheid \nvan het EEG-merk \n\nEF-m\u00e6rkets uanf\u00e6gtelig= \nhed \n\nder Grundsatz der Un= \nanfechtbarkeit \n\nhet beginsel van de \nonaantastbaarheid \n\nprincippet om uanf\u00e6gte= \nlighed \n\ndie Weisungsfreiheit \n\nde onafhankelijkheid \n\norganernes uafh\u00e6ngighed \n\nvolle Gew\u00e4hr f\u00fcr Unab= \nh\u00e4ngigkeit bieten \n\nalle waarborgen van \nonafhankelijkheid bieden uafh\u00e6ngighed \n\nfrembyde fuld garanti for \n\ndie beschreibende \nAngabe \n\nhet beschrijvende ge \ngeven \n\nen beskrivende angivelse \n\nder Gebrauch beschrei= \nbender Angaben \n\nhet gebruik van be \nschrijvende gegevens \n\nbrug af beskrivende an= \ngivelser \n\ndie Herkunftsfunktion \nder Marke \n\nde functie als aan- \nduiding van herkomst van \nhet merk \n\nm\u00e6rkets oprindelsesfunktion \n\ndas Auskunftsersuchen \n\nhet verzoek om inlichtin- indhentning af oplys= \ngen \n\nninger \n\ndie (Zahlungs-) Auffor= \nderung \n\n- de aanmaning \n- het verzoek \n\n- p\u00e5mindelse \n- anmodning \n\ndie Nichtigkeitsin= \nstanzen \n\nde nietigheidsinstan-\nties \n\nannullationsinstanser \n\ndie Stelle, deren Ent= \nScheidung angefochten \nwird \n\nde instantie welker be- det organ, hvis afg\u00f8relse \nslissing wordt bestreden p\u00e5klages \n\n77 \n\nPE 64. 907 \n\n\f143. institution \n\nl'institution finan= \nci\u00e8re \n47,2 \n\n144. instruction \n\n- les mesures d'ins \n\ntruction \n\n- une mesure d'ins \n\ntruction \n\n62,1 - 140,1,2,3 \n\nl es membres \ncharg\u00e9s \nde mesures d ' i n s t r u c \nt i on \n140,3 \n\nl'istituto finanziario \n\nfinancial institution \n\ngli atti di istruzione \ni mezzi istruttori \n\n- 1'istruzione \n- atti istruttori \n\n- enquiries \n- to obtain evidence \n- to take the/to take evidence \n- taking of evidence \n\nil membro cui e stata \ndelegata l'esecuzione \ndell' istruzione \n\nany member duly commis \nsioned to take evidence \n\n- proc\u00e9der aux mesu \nres d'instruction \n- proc\u00e9der a des me \n\nsures d' instruction \n\n62,1 - 140,1,2 \n\nprocedere agli atti \ndi istruzione \ndisporre mezzi istrut \ntori \nprovvedere all'istru \nzione \n\nto undertake enquiries \nto obtain evidence \nto proceed to take the \nevidence \n\n145. int\u00e9gration \n\nl'int\u00e9gration des \nmarch\u00e9s nationaux \nM 8/76 - 21 \n\n146. intention \n\nl'exigence d'une \nintention fraudu \nleuse \n1\u00fb \n\nl'integrazione fra \ni mercati nazionali \n\ninterp\u00e9n\u00e9tration of \nnational markets \n\nla sussistenza dell'ele \nmento del dolo \n\nrequirement of fraudu \nlent intent \n\nd\u00e9poser des marques \nsans intention r\u00e9elle \nde s'en servir et \u00e0 \nseule fin d'en faire \nle commerce \nM 8/76 - 145 \n\nrichiedere il marchio \na fini commerciali, \nsenza 1'intenzione di \nfarne un uso effettivo \n\nfiling of trade marks \nfor the purpose of trade \nmark trafficking (usually \nby way of assignment), \nwhere there is no inten \ntion that the trade marks \nshould be used \n\n147. int\u00e9r\u00eat \n\njustifier d'un int\u00e9 \nr\u00eat l\u00e9gitime \n162,1 \n\n148. invalidation \n\nl'invalidation de la \nmarque \n11 1 \n\n149. irr\u00e9gularit\u00e9 \n\nrem\u00e9dier aux irr\u00e9 \ngularit\u00e9s constat\u00e9es \n71,2 \n\navere un interesse \nlegittimo \n\nto have a lawful \ninterest \n\n1'invalidazione del \nmarchio \n\ninvalidity of a trade \nmark \n\neliminare le irregolari- to remedy disclosed \nt\u00e0 constatate \n\ndeficiencies \n\n78 -\n\nPE 64. 907 \n\n\fdas Finanzinstitut \n\nde financi\u00eble instel \nling \n\n143 - 149 \nfinansinstitut \n\ndie Beweisaufnahme(n) \nder Beweis \ndie Beweismittel \n\n- de handelingen van \n\ninstructie \n\n- de bewijsmiddelen \n- een bewijslevering \n\n- bevisf\u00f8relse \n- en bevisf\u00f8relse \n\ndas mit der Durchf\u00fchrung \nder Beweisaufnahme be= \nauftragte Mitglied \n\nde leden die met het \nonderzoek van de bewijs \nmiddelen zijn belast \n\ndet medlem,hvem bevis= \nf\u00f8relsen er p\u00e5lagt \n\nBewe isau fnahmen/die \nBeweisaufnahme vor= \nnehmen \nBeweis erheben \n\ntot handelingen van \ninstructie overgaan \ntot een onderzoek van \nde bewijsmiddelen over \ngaan \nde bewijsmiddelen onder \nzoeken \n\nbevisf\u00f8relse finder \nsted \nforetage bevisf\u00f8relse \n\ndie Integration zwischen \nden nationalen M\u00e4rkten \n\nde integratie van de \nnationale markten \n\nintegration mellem de \nnationale markeder \n\ndas Erfordernis eines \nVerschuldens \n\nde vereiste schuld \n\nkrav om svigagtig hen= \nsigt \n\nohne eigene Benutzungs= \nabsieht systematisch \nMarken zu Zwecken des \nMarkenhandels anmelden \n\nzonder eigen gebruiks-\noogmerk systematisch de \ninschrijving aanvragen \nvan merken met het oog \nop de handel in die \nmerken \n\nuden brugshensigt syste= \nmatisk anmelde varem\u00e6rker \nmed henblik p\u00e5 handel med \nvarem\u00e6rker \n\nein berechtigtes Interes= aantonen een wettig be- p\u00e5vise en berettiget \nse nachweisen \n\nlang te hebben \n\ninteresse \n\ndie Nichtigerkl\u00e4rung \nder Marke \n\nde nietigverklaring van oph\u00e6ve (registrering af) \nhet merk \n\net varem\u00e6rke \n\ndie ger\u00fcgten M\u00e4ngel \nbeseitigen \n\nde vastgestelde ge \nbreken ondervangen \n\nberigtige de p\u00e5talte \nmangler \n\n- 79 -\n\nPE 64. 907 \n\n\f150. jour \n\nle jour du d\u00e9p\u00f4t a \nl'Office communau \ntaire des marques est \nd\u00e9terminant \nM 8/76 - 111 \n\nsi fa riferimento alla \ndata di deposito della \ndomanda presso l'ufficio \ndei marchi CEE \n\nthe date of filing at the \nEEC Trade Mark Office is \nthe determining factor \n\nle jour f\u00e9ri\u00e9 l\u00e9gal \n68,2 \n\nle jour ouvrable \n68,2 \n\n151. juriste \n\nle membre juriste \n52,2 - 53,2 - 54,2 \n\n152. langue \n\nla langue officielle \n29,2 \n\nla langue de la pro \nc\u00e9dure \n29,3 \n\nla langue de la tra \nduction \n29,4 \n\n153. l\u00e9gislation \n\nles l\u00e9gislations na \ntionales en mati\u00e8re \nde marques \n6 (T) \n\nles disparit\u00e9s des \nl\u00e9gislations natio \nnales en mati\u00e8re de \nmarques \nM 8/76 - 26 \n\n154. lettre \n\nla lettre \n8,1 \n\n155. libell\u00e9 \n\nle libell\u00e9 des pro \nduits ou des services \nM 8/76 - 82 \n\n156. lib\u00e9ralisation \n\nla lib\u00e9ralisation \ndes \u00e9changes de pro \nduits de marque et \nde services couverts \npar des marques \nM 8/76 - 24 \n\nil giorno festivo \n\nofficial holiday \n\nil giorno feriale \n\nworking day \n\nil membro giurista \n\nlegally qualified \nmember \n\nla lingua ufficiale \n\nofficial language \n\nla lingua impiegata \nper la procedura \n\nlanguage of the pro \nceedings \n\nla lingua della tra \nduzione \n\nlanguage of the trans \nlation \n\nle legislazioni \nnazionali in materia \ndi marchi \n\nnational trade mark \nlaws \n\nle differenze delle \nnormative nazionali \nconcernenti i marchi \n\ndifferences between the \nnational laws on trade \nmarks \n\nla lettera \n\nletter \n\nl'elenco dei prodotti \no dei servizi \n\nlist of goods or \nservices \n\nla libera circolazione \ndi merci e servizi do \ntati di marchio \n\nestablishment of a free \nmarket for branded goods \nand services bearing \ntrade marks \n\n- 80 -\n\nPE 64. 907 \n\n\fder Tag der Anmeldung \nbeim EWG-Markenamt gilt \nf\u00fcr. de dag van de aanvraag \nbij het EEG-merkenbu-\nreau geldt \n\ndagen for anmeldelsen \nhos EF-varem\u00e6rkemyndigheden \ner afg\u00f8rende \n\n150 - 156 \n\nder gesetzliche Feier= \ntag \n\nde w e t t e l i jk e r k e n de \nf e e s t d ag \n\nnational helligdag \n\nder Werktag \n\nde werkdag \n\ns\u00f8gnedag \n\ndas rechtskundige Mit= \ng lied \n\nhet rechtskundig lid \n\ndet juridiske medlem \n\ndie Amtssprache \n\noffici\u00eble taal \n\ndet officielle sprog \n\ndie Verfahrenssprache \n\nde taal waarin de pro \ncedure wordt gevoerd \n\nbehandlingssproget \n\ndie Sprache der Uber= \nSetzung \n\nde taal van de vertaling det i overs\u00e6ttelsen an= \n\nvendte sprog \n\ndas nationale Marken= \nrecht \n\nde nationale merken-\nwetgevingen \n\nde nationale forskrifter \nom varem\u00e6rker \n\ndie Verschiedenheiten \nder nationalen Marken= \nrechtsordnungen \n\nde (verschillen in de) \nnationale merkenrechte-\nlijke systemen \n\nforskelligartede natio= \nn\u00e5le retssystemer \n\nder Buchstabe \n\nde letter \n\nbogstav \n\ndas Verzeichnis der \nWaren oder Dienstlei= \nstungen \n\nde aanduiding van de \ngoederen of diensten \n\nfortegnelsen over varer \neller tjenesteydelser \n\ndie Herstellung des \nfreien Verkehrs von \nMarkenwaren und (von) \nDienstleistungen unter \nMarken \n\nhet vrije verkeer van \nmerkartikelen en dien \nsten onder bepaalde mer \nken \n\ngennemf\u00f8relsen af den \nfrie bev\u00e6gelighed for \nm\u00e6rkevarer og tjeneste= \nydelser under et vare= \nm\u00e6rke \n\n81 -\n\nPE 64. 907 \n\n\f157. licence \n\nla licence r\u00e9guli\u00e8re\u00ad la licenza legalmente \nment conc\u00e9d\u00e9e \nM 8/76 \u00ad 152 \n\nconcessa \n\nvalidly granted \nlicence \n\nla licence de marque \nM 8/76 \u00ad 149 \n\nla licenza del marchio \n\ntrade mark licence \n\nla concession de li\u00ad\ncences \n\nla concessione di li\u00ad\ncenze \n\ngrant of licences \n\nle contrat de \nce \nM 8/76\u00ad 129 \u00ad\n\nlicen\u00ad\n\n149 \u00ad\n\nil contratto di \nlicenza \n\n150 \n\ni. licensing agreement \n\nla d\u00e9livrance \nlicence \n147,2 \n\nd' une \n\nla concessione di una \nlicenza \n\ngrant of a licence \n\n\u25a0 \n\nun transfert ou une un trasferimento ovvero \nd\u00e9livrance de licence la concessione di una \n112 licenza \n\na transfer of rights \nor the grant of a \nlicence \n\nle donneur de licence il concedente \nM 8/76 \u00ad 83 \u00ad 150 \n\nle preneur de licence il licenziatario \nM 8/76 \u00ad 116 \n\nlicensor \n\nlicensee \n\nles rapports contrac\u00ad i rapporti che derivano licensing contracts \ntueIs de licence \nM 8/76 \u00ad 149 \u00ad 150 \n\nda un contratto di li\u00ad\ncenza \n\n158. licenci\u00e9 \n\nle licenci\u00e9 \nM 8/76 \u00ad 83 \u00ad 152 \n\nil licenziatario \n\nlicensee \n\nles modalit\u00e9s d'uti\u00ad le modalit\u00e0 d'uso del \n1isation de la marque marchio tramite il \npar le licenci\u00e9 licenziatario \nM 8/76 \u00ad 150 \n\nthe manner in which the \ntrade mark is used by \nthe licensee \n\n159. litige \n\n\u00eatre comp\u00e9tent pour \nstatuer sur tout \nlitige entre. 34 \n\nun litige entre les \nparties \u00e0 la proc\u00e9\u00ad\ndure de constatation \n162,10 \n\nessere competente \nper ogni controversia \nfra. to have jurisdiction in \nany dispute between. action between the parties \nto the declaratory proceed\u00ad\nings \n\n\u00ad una causa le cui par\u00ad\nti sono identiche a \nquelle del procedimen\u00ad\nto di accertamento \n\u00ad un processo che si \nsvolge fra le parti \ndel procedimento di \naccertamento \n\n160. loyaut\u00e9 \n\ngarantir la loyaut\u00e9 \ndans la concurrence \nM 8/76 \u00ad 24 \n\nla garanzia della con\u00ad\ncorrenza leale \n\nto ensure fair competi\u00ad\ntion \n\n\u00ad 82 \u00ad\n\nPE 64. 907 \n\n\fdie wirksam erteilte \nLizenz \n\nde rechtsgeldig verleende en gyldigt meddelt licens \nlicentie \n\n157 - 160 \n\ndie Markenlizenz \n\nde merkenlicentie \n\nvarem\u00e6rkelicens \n\ndie Erteilung von \nLizenzen \n\nde verlening van licen \nties \n\nmeddelelse af licens \n\nder Lizenzvertrag \n\nde licentieovereenkomst \n\nen licensaftale \n\ndie Erteilung einer \nLizenz \n\neen licentieverlening \n\ntildeling af licens \n\nein Rechts\u00fcbergang \neen rechtsovergang dan \noder die Erteilung einer wel een verlening van \nLizenz \n\neen licentie \n\noverf\u00f8relse eller til= \ndeling af licens \n\nder Lizenzgeber \n\nde licentiegever \n\nlicensgiveren \n\nder Lizenznehmer \n\nde licentienemer \n\nlicenstager \n\ndie lizenzvertraglichen \nBezeichnungen \n\nde licentieovereenkom-\nsten \n\nlicensaftaler \n\nder Lizenznehmer \n\nde licentienemer \n\nlicenstager \n\ndie Modalit\u00e4ten der \nMarkenbenutzung durch \nden Lizenznehmer \n\nde wijze waarop het merk licenstagerens benyttelse \ndoor de licentienemer \nwordt gebruikt \n\naf varem\u00e6rket \n\nf\u00fcr alle Streitsachen \nzwischen. zust\u00e4ndig \nsein \n\nbevoegd zijn te beslis \nsen over elk geschil \ntussen. v\u00e6re kompetent i alle \nsager ang\u00e5ende tvistig= \nheder mellem. ein Rechtsstreit zwischen een geschil t\u00fcssen de \npartijen in de verkla-\nden Parteien des Fest= \nringsprocedure \nstellungsverfahrens \n\nen retssag mellem parterne \ni anerkendelsesssagen \n\neinen redlichen Wett= \nbewerb gew\u00e4hrleisten \n\nde waarborging van een \neerlijke mededinging \n\nsikring af en redelig \nkonkurrence \n\n83 \n\nPE 64. 907 \n\n\f161. marque \n\n- la marque ant\u00e9rieure - il marchio anteriore \n- les marques ant\u00e9rieu- - i marchi anteriori \n\nres \n\n12,1,b-67-72-75-80,1-\n116,3-120,2-121,1-124,1,6 \n172,3 \n\ni marchi che risulta \nno anteriori \n\nearlier trade mark \nprior trade mark \nearlier trade marks \nprior trade marks \n\nc\u00e9der la marque ant\u00e9 \nrieure \n124,1 \n\nla cessione del mar= \nchio anteriore \n\nto transfer the prior \ntrade mark \n\nla cession de la marque la cessione del marchio transfer of the prior \nant\u00e9rieure \n124,4 \n\ntrade mark \n\nanteriore \n\nles droits conf\u00e9r\u00e9s \npar des marques ant\u00e9 \nrieures \n176 \n\nl'existence de marques \nant\u00e9rieures \nM 8/76 - 35 \n\nles licences de la \nmarque ant\u00e9rieure \n124,3 \n\ni diritti conferiti \ndai marchi anteriori \n\nrights accruing from \nprior trade marks \n\nl'esistenza di marchi \nanteriori \n\nexistence of prior \ntrade marks \n\nle licenze sul marchio \nanteriore \n\nlicences under the \nprior trade mark \n\nle titulaire de la \nmarque ant\u00e9rieure \n124,1,2 - M 8/76 -31. 64 \n\nil titolare del mar-\nchio anteriore \n\nproprietor/owner of \nthe prior trade mark \n\nle titulaire de la mar \nque ant\u00e9rieure ou de \nl'autre droit ant\u00e9rieur \n116,2a,2b - 121,3 -\n123,1 - 129,1b \n\nil titolare del mar \nchio anteriore o \ndell'altro diritto \nanteriore \nil titolare del mar \nchio anteriore o il \ntitolare dell'altro \ndiritto anteriore \n\nproprietor of the prior \ntrade mark or other/the \nother prior rights \n\ns'opposer a l'usage \nd'une marque ant\u00e9rieure marchio anteriore o \ndi un altro diritto \nou d'un autre droit \nant\u00e9rieur \nanteriore \n123,1 \n\nopporsi all'uso di un \n\nto oppose the use of \na prior trade mark or \nother prior rights \n\nune autre marque \nressemblante ant\u00e9ri \neure \n116,3 \n\nla marque appos\u00e9e sur \nles produits \n126,1 \n\nune nouvelle marque \nattractive \nM 8/76 - 65 \n\nun altro marchio simi \nle anteriore \n\nanother similar prior \ntrade mark \n\nil marchio apposto \nsui prodotti \n\ntrade mark applied to \nthe goods \n\nun nuovo marchio \nefficace \n\nnew trade mark with \nadvertising appeal \n\n- 84 -\n\nPE 64. 907 \n\n\fdie \u00e4ltere Marke \ndie \u00e4lteren Marken \n\nhet oudere merk \nde oudere merken \n\n- det \u00e6ldre varem\u00e6rke \n- \u00e6ldre varem\u00e6rker \n\n161 - 161 \n\ndie \u00e4ltere Marke \u00fcber= \ntragen \n\nhet oudere merk over \ndragen \n\noverdrage det \u00e6ldre vare= \nm\u00e6rke \n\ndie \u00dcbertragung der \n\u00e4lteren Marke \n\nde overdracht van het \noudere merk \n\noverdragelsen af det \n\u00e6ldre varem\u00e6rke \n\nRechte aus \u00e4lteren \nMarken \n\nde rechten die zijn ver- rettigheder i henhold \nbonden aan oudere mer- til \u00e6ldre varem\u00e6rker \nken \n\ndie Existenz \u00e4lterer \nMarken \n\nhet bestaan van oudere \nmerken \n\net \u00e6ldre m\u00e6rke \n\ndie Lizenzen an der \n\u00e4lteren Marke \n\nde licenties op het \noudere merk \n\nlicenser til udnyttelse \naf \u00e6ldre varem\u00e6rker \n\nder Inhaber der \u00e4lteren \nMarke \n\nde rechthebbende op \nhet oudere merk \n\nindehaveren af det \n\u00e6ldre varem\u00e6rke \n\nder Inhaber der \u00e4lteren \nMarke oder des sonsti= \ngen \u00e4lteren Rechts \n\nde rechthebbende op \nindehaveren af det \u00e6ldre \nhet oudere merk of het m\u00e6rke eller anden \u00e6ldre \nandere oudere recht \nde rechthebbende op \nhet oudere merk of an \nder ouder recht \nde rechthebbende op \nhet oudere merk of op \nhet andere oudere recht \n\nrettighed \n\nsich der Benutzung \neiner \u00e4lteren Marke \noder eines sonstigen \n\u00e4lteren Rechts wider= \nsetzen \n\nzich verzetten tegen het mods\u00e6tte sig brug af \ngebruik van een ouder \nmerk of van een ander \nouder recht \n\net \u00e6ldre varem\u00e6rke eller \nanden \u00e6ldre rettighed \n\neine andere uberein= \nstimmende \u00e4ltere Marke \n\neen ander overeenstem \nmend ouder merk \n\net andet forveksleligt \n\u00e6ldre varem\u00e6rke \n\ndie auf den Waren an= \ngebrachte Marke \n\nhet op de waren aange \nbrachte merk \n\ndet p\u00e5 varerne anbragte \nvarem\u00e6rke \n\neine neue werbewirk= \nsame Marke \n\neen nieuw, \nme e f f e c t i e f, merk \n\nin de r e c l a \n\net nyt varem\u00e6rke med \nreklamev\u00e6rdi \n\n85 -\n\nPE 64. 907 \n\n\f161. marque (suite) \n\n\u00ad la marque collec\u00ad\n\ntive \n\n\u00ad les marques collec\u00ad\n\ntives \n\nll,l,c\u00ad4\u00e8 partie\u00ad177,1 \n\nla demande de marque \ncollective \n167 \n\n\u00ad il marchio collettivo \u00ad collective mark \n\u00ad i marchi collettivi \u00ad collective marks \n\nla domanda di marchio \ncollettivo \n\napplication for a \ncollective mark \n\nl'ancien titulaire de \nla marque collective \nou son ayant droit \n167 \n\nil precedente titolare \ndel marchio collettivo \novvero il suo avente \ncausa \n\nprevious proprietor of \nthe collective mark or \nhis legal successor \n\nutiliser des marques \ncollectives d\u00e9clar\u00e9es \nd\u00e9chues ou nulles \n176 \n\nutiliser des marques \ncollectives \u00e9teintes \n176 \n\nune marque communau\u00ad\ntaire \nM 8/76 \u00ad 8 \n\nla solution des con\u00ad\nflits entre marques \ncommunautaires et mar\u00ad\nques nationales \nM 8/76 \u00ad 99 \n\ndes marques cumul\u00e9es \n20 (\u03a4) \n\nutilizzare i marchi \ncollettivi dichiarati \ndecaduti o nulli \n\nto use a collective \nmark which has been \ndeclared lapsed or \nrevoked \n\nutilizzare i marchi \ncollettivi estinti \n\nto use a collective mark \nwhich has been surrendered \n\nun marchio CEE \n\nEEC trade mark \n\nla risoluzione dei con\u00ad the resolution of conflicts \nflitti fra marchi CEE between EEC and national \ne marchi nazionali trade marks \n\nmarchi coesistenti \n\nco\u00adexisting trade marks \n\nla marque dont la \nd\u00e9ch\u00e9ance ou la nulli\u00ad\nt\u00e9 doit \u00eatre prononc\u00e9e \n129,2 \n\nil marchio di cui si \nrichiede la dichiara\u00ad\nzione di decadenza o \ndi nullit\u00e0 \n\nthe trade mark whose \nlapse or revocation is \nto be declared \n\nla marque demand\u00e9e \n64,7 \u00ad 80,3 \n\nil marchio richiesto \n\n\u00ad the trade mark which \nis subject to that \napplication \n\n\u00ad the trade mark applied \n\nfor \n\nla marque d\u00e9pos\u00e9e \n74,1\u00ad75,1\u00ad78,1\u00ad83, \nM 8/76 \u00ad 86 \n\nil marchio depositato the trade mark applied for \n\n\u00e9tablir si la marque \nest suffisamment dis\u00ad\ntinctive \nM 8/76 \u00ad 84 \n\nverificare che il mar\u00ad\nchio possieda suffi\u00ad\ncienti caratteristiche \ndistintive \n\nto be directed to the \nquestion whether the \ntrade mark is sufficiently \ndistinctive \n\nles titulaires de \nmarques enregistr\u00e9es \nou de marques notoire\u00ad\nment connues \nM 8/76 \u00ad 93 \n\ni titolari di marchi \n\nregistrati e notori \n\nthe owners of registered \nmarks or of (other) recog\u00ad\nnized trade marks \n\n\u00ad 86 \u00ad\n\nPE 64. 907 \n\n\fdie Kollektivmarke \ndie Kollektivmarken \n\n- het collectief merk \n- de collectieve merken \n\n161 161 \nf\u00e6llesm\u00e6rke \nf\u00e6llesm\u00e6rker \n\ndie Anmeldung einer \nKollektivmarke \n\nde aanvrage van een \ncollectief merk \n\nanmeldelsen af et f\u00e6lles= \nm\u00e6rke \n\nder fr\u00fchere Inhaber \nder Kollektivmarke oder \nsein Rechtsnachfolger \n\nde vroegere rechthebben \nde op het collectieve \nmerk of zijn rechtsop \nvolger \n\nden tidligere indehaver \naf et f\u00e6llesm\u00e6rke eller \nden, til hvem retten er \noverg\u00e5et \n\nf\u00fcr verfallen oder f\u00fcr \nnichtig erkl\u00e4rte Kol= \nlektivmarken benutzen \n\nvervallen verklaarde of \nnietig verklaarde col \nlectieve merken ge \nbruiken \n\ng\u00f8re brug af f\u00e6llesm\u00e6rker, \nsom er kendt fortabt el= \n1er ugyldige \n\nerloschene Kollektiv= \nmarken benutzen \n\ntenietgegane collec \ntieve merken gebruiken \n\ng\u00f8re brug af oph\u00f8rte \nf\u00e6llesm\u00e6rker \n\neine EWG-Marke \n\neen EEG-merk \n\net EF-varem\u00e6rke \n\ndie L\u00f6sung von Konflik= de oplossing van con \nten zwischen EWG-Marken flicten tussen EEG-mer-\nund nationalen Marken \n\nken en nationale merken \n\nl\u00f8sningen af konflikter \nmellem EF-m\u00e6rker og na= \ntionale m\u00e6rker \n\nnebeneinander bestehende naast elkaar bestaande \nMarken \n\nmerken \n\nsidel\u00f8bende varem\u00e6rker \n\ndie Marke, deren Ver= \nfall oder Nichtigkeit \nerkl\u00e4rt werden soll \n\nhet merk, dat verval \nlen of nietig moet wor \nden verklaard \n\ndet varem\u00e6rke om hvis \nfortabelse eller ugyl= \ndighed kendelse s\u00f8ges \nopn\u00e5et \n\ndie angemeldete Marke \n\nhet aangevraagde merk \n\ndet anmeldte varem\u00e6rke \n\ndie angemeldete Marke \n\nhet aangevraagde merk \n\ndet anmeldte varem\u00e6rke \n\npr\u00fcfen, ob die Marke \ngen\u00fcgend Unterschei= \ndungskraft besitzt \n\nhet onderzoek of het \nmerk voldoende onder \nscheidende kracht bezit \n\nunders\u00f8ge om m\u00e6rket har \ntilstr\u00e6kkeligt s\u00e6rpr\u00e6g \n\n(die Inhaber von) ein= \ngetragene (n) und noto= \nrisch bekannte(n) Marken kende merken \n\n(de houders van) inge \nschreven en notoir be-\n\nindehavere af registrerede \nog vitterlig kendte vare= \nm\u00e6rker \n\n87 -\n\nPE 64. 907 \n\n\f161. marque (suite) \n\nla marque est r\u00e9put\u00e9e \ns'\u00eatre \u00e9teinte \n143,2 \n\nla marque est exclue \nde l'enregistrement \n79,2 \n\nles titulaires \nde marques exploit\u00e9es \nM 8/76 - 93 \n\nles marques de fabri \nque et de commerce \ntraditionnellement \nprot\u00e9g\u00e9es \nM 8/76 - 69 \n\nles marques de fabri \nque, de commerce, de \nservice,collectives, \nde certification \nM 8/76 - 53 - 69 \n\nfaire enregistrer \npour son propre comp \nte une marque iden \ntique ou similaire \u00e0 \nune autre \nM 8/76 - 31 \n\nne pas avoir connais \nsance de l'existence \nd'une marque identique \nou similaire \nM 8/76 - 12 - 31 \n\nles produits rev\u00eatus \nde marques identiques \nou similaires,mis dans \nle commerce \nM 8/76 - 27 \n\nfaire un usage s\u00e9rieux \nd'une marque identique \nou ressemblante \n125,1 \n\n- la marque individuel \n\nle \n\n- les marques indivi \n\nduelles \n\n8 (T) - 165 - 177,1 \n\nil marchio si consi \ndera estinto \n\nthe trade mark shall be \ndeemed to have lapsed \n\nil marchio e escluso \ndalla registrazione \n\nthe trade mark is excluded \nfrom registration \n\ni titolari di marchi \n\nutilizzati \n\n(the owners of) used \ntrade marks \n\nle consuete categorie \ndei marchi commerciali \ne di fabbrica \n\nordinary trade marks \n\n1 \n\ni marchi di fabbrica, \ncommerciali, di servi \nzi, collettivi, di \ngaranzia \n\ntrade marks used in the \nservices sector, collec= \ntive marks, certification \nmarks \n\ndepositare un proprio to register an identical \nmarchio identico o si- or similar trade mark \nmile al primo \n\nignorare l'esistenza \ndi un marchio identico \ne simile \n\nnot to be aware of the \nexistence of an identical \nor similar trade mark \n\nle merci fche sono) \ncommercializzate con \nun marchio identico \no simile \n\ngoods brought into \ncirculation under the \nsame or a similar trade \nmark \n\nfare un uso importante \ndi un marchio simile \n\nto use seriously a \nsimilar trade mark \n\nil marchio indivi \nduale \ni marchi individuali \n\nindividual trade marks \n\nla radiation des mar- radiare i marchi to- \nques totalement ou par- talmente o parzialmente or totally unused trade \ntiellement inexploit\u00e9es inutilizzati \nM 8/76 - 112 \n\nthe removal of partially \n\nmarks \n\n88 -\n\nPE 64. 907 \n\n\fdie Marke gilt als \nerloschen \n\nhet merk wordt geacht \nte zijn vervallen \n\nvarem\u00e6rket anses for \noph\u00f8rt \n\n161 - 161 \n\ndie Marke ist von der \nEintragung ausgeschlos= \nsen \n\nhet merk is van in \nschrijving uitgesloten \n\nvarem\u00e6rket er udelukket \nfra registrering \n\n(die Inhaber) benutz= \nte(r) Marken \n\n(de houders van) ge \nbruikte merken \n\nindehavere af i brug \nv\u00e6rende varem\u00e6rker \n\ndie herk\u00f6mmlich ge= \nsch\u00fctzten Fabrik- und \nHandelsmarken \n\nde traditionele be \nschermde fabrieks- en \nhandelsmerken \n\nde traditionelle beskyt= \ntede fabriks- og handels= \nm\u00e6rker \n\ndie Fabrikmarken, die \nHandelsmarken, die \nDienstleistungsmarken, \ndie Verbandsmarken, die \nGew\u00e4hrleistungsmarken \n\nde fabrieksmerken, de \nhandelsmerken, de mer \nken voor diensten, de \nmerken voor organisa \nties, de merken voor \ngaranties \n\nfabriks- og handelsm\u00e6rker, \nm\u00e6rker for tjenesteydelser, \nforeningsm\u00e6rker, f\u00e6lles= \nm\u00e6rker, garantim\u00e6rker \n\neine identische oder \n\u00e4hnliche Marke f\u00fcr sich \neintragen lassen \n\nvoor zich een identiek \nof soortgelijk merk \nlaten inschrijven \n\nf\u00e5 registreret et identisk \neller tilsvarende vare= \nm\u00e6rke for sig selv \n\nda\u00df die Existenz einer \ngleichlautenden oder \n\u00e4hnlichen Marke nicht \nbekannt war \n\nmet het bestaan van een \ngelijkluidend of soort \ngelijk merk niet bekend \nzijn \n\nikke have kendskab til \neksistensen af et lige= \nlydende eller tilsvarende \nvarem\u00e6rke \n\ndie Waren, die unter \nder gleichen oder einer \n\u00e4hnlichen Marke in Ver= \nkehr gebracht werden \n\nde artikelen die onder varer, der bruges i om= \nhetzelfde of een soort- s\u00e6tning under samme eller \ngelijk merk in de handel tilsvarende varem\u00e6rke \nworden gebracht \n\neine \u00fcbereinstimmende \nMarke ernsthaft benut= \nzen \n\neen wezenlijk gebruik \nvan een overeenstem \nmend merk maken \n\ni v\u00e6sentligt omfang g\u00f8re \nbrug af et forveksleligt \nvarem\u00e6rke \n\n- die Individualmarke \n- die Individualmarken \n\n- het individuele merk \n- de individuele merken \n\n- det individuelle varem\u00e6rke \n- individuelle varem\u00e6rker \n\ndie L\u00f6schung ganz oder het tenietgaan van ge \nteilweise nicht benutz= heel of ten dele niet \nter Marken \n\ngebruikte merken \n\nslettelse af helt eller \ndelvis ubenyttede m\u00e6rker \n\n- 89 \n\nPE 64. 907 \n\n\f161. marque (suite) \n\nles marques nationales \n12,2 - M 8/76 - 17 \n\nd\u00e9poser une marque na \ntionale comme marque \neurop\u00e9enne \n181,1 \n\ni marchi nazionali \n\nnational trade marks \n\ndepositare il marchio to apply for the regi-\nnazionale quale marchio stration of a national \neuropeo \n\nmark as a European mark \n\nle d\u00e9p\u00f4t, comme marques il deposito di marchi \neurop\u00e9ennes, de mar- \nques nationales exi- \nstantes \n181 (T),l \n\nnazionali esistenti \nquali marchi europei \n\nles marques nationa \nles nouvelles \nM 8/76 - 36 \n\ni nuovi marchi nazio \nnali \n\nregistration of existing \nnational marks as European \nmarks \n\nnew national trade marks \n\nles marques nationales i marchi nazionali \npr\u00e9existantes \nM 8/76 - 99 \n\nanteriori \n\npre-existing national \ntrade marks \n\nla nature des faits \nqui ont donn\u00e9 nais \nsance aux marques na \ntionales \n181,2 \n\nl'enregistrement d'une \nmarque nationale \n100,1 \n\nla proc\u00e9dure d'enre \ngistrement d'une mar \nque nationale \n100,1 \n\nmaintenir la marque \nnationale dans l'Etat \ncontractant ou. 181,3 \n\nporter atteinte a une \nmarque nationale \n160 \n\ninscrire dans le re \ngistre europ\u00e9en des \nmarques les marques \nnationales \n181,4 \n\nle titulaire d'une \nmarque nationale ou \nson successeur en \ndroit \n181,1 \n\nla natura dei fatti che origin of the national \nhanno dato origine ai marks and the facts on \nmarchi nazionali \n\nwhich its rights are \nbased \n\nla registrazione di \nun marchio nazionale \n\nto register a national \ntrade mark \n\nil procedimento per \nla registrazione di un \nmarchio nazionale \n\nprocedure for registering \na national trade mark \n\nmantenere il marchio \nnazionale nello Stato \ncontraente in cui. to maintain the national \nmark in the Contracting \nState in which. la violazione di un \nmarchio nazionale \n\nto affect a national \ntrade mark \n\niscrivere nel registro to enter the national \neuropeo dei marchi i \nmarchi nazionali \n\nmarks in the Register of \nEuropean Trade Marks \n\nil titolare di un mar- proprietor of a national \nchio nazionale o il suo mark or his successor \navente causa \n\nin title \n\n90 \n\nPE 64. 907 \n\n\fdie nationalen Marken \n\nde nationale merken \n\nnationale varem\u00e6rker \n\n161 - 161 \n\ndie nationale Marke als \neurop\u00e4ische Marke an= \nmelden \n\ninschrijving van het \nnationale merk als Euro- m\u00e6rke som europ\u00e6isk vare= \npees merk aanvragen \n\nanmelde et nationalt vare= \n\nm\u00e6rke \n\ndie Anmeldung bestehender aanvragen tot inschrij-\nnationaler Marken als \neurop\u00e4ische Marken \n\nving van bestaande na-\ntionale merken als \nEuropese merken \n\nanmeldelse af eksisterende \nnationale varem\u00e6rker som \neurop\u00e6iske varem\u00e6rker \n\ndie neuen nationalen \nMarken \n\nde nieuwe nationale \nmerken \n\nnye nationale varem\u00e6rker \n\ndie vorbestehenden \nnationalen Marken \n\nde vroeger bestaande \nnationale merken \n\nde allerede eksisterende \nnationale varem\u00e6rker \n\ndie Entstehung der na= de aard van de feiten \ntionalen Marken und die die de nationale merken \nrechtsbegr\u00fcndenden Tat= hebben doen ontstaan \nsachen \n\noprindelsestidspunkt og \nde retsstiftende kends= \ngerninger (vedr\u00f8rende) \nde nationale varem\u00e6rke \n\ndie Eintragung einer \nnationalen Marke \n\nde inschrijving van \neen nationaal merk \n\nregistrering af et \nnationalt varem\u00e6rke \n\ndas Verfahren zur Ein= \ntragung einer nationa= \nlen Marke \n\nde procedure tot in \nschrijving van een na \ntionaal merk \n\nregistrering af et \nnationalt varem\u00e6rke \n\ndie nationale Marke in \ndem Vertragsstaat, in \ndem. \u00bb aufrechter= \nhalten \n\nzijn recht op het na \ntionale merk hand ha \nven in de overeenkomst \nsluitende Staat waarin \n\nopretholde det nationale \nvarem\u00e6rke i den kontra= \nherende stat, hvori. gegen eine nationale \nMarke gerichtet \n\ninbreuk maken op een \nnationaal merk \n\nvedr\u00f8re et nationalt \nvarem\u00e6rke \n\ndie nationalen Marken \nim europ\u00e4ischen Marken* \nregister vermerken \n\nde nationale merken \nin het Europese Merken \nregister inschrijven \n\nnotere de nationale vare= \nm\u00e6rker i det europ\u00e6iske \nvarem\u00e6rkeregister \n\nder Inhaber einer na= \ntionalen Marke oder \nsein Rechtsnachfolger \n\nde rechthebbende op \neen merk of zijn rechts- nalt varem\u00e6rke eller den, \ntil hvem retten til dette \nopvolger \ner overg\u00e5et \n\nindehaveren af et natio= \n\n91 -\n\nPE 64. 907 \n\n\f161. marque (suite) \n\nla marque poss\u00e9dant \nun caract\u00e8re europ\u00e9en \nM 8/76 - 22 \n\nmarchi che possiedono \nun carattere europeo \n\ntrade mark which is \nEuropean in nature \n\n1'enregistrement \nd'une marque post\u00e9 \nrieure identique ou \nsimilaire \nM 8/76 - 77 \n\n1' apposition de la \nmarque prot\u00e9g\u00e9e sur \nle produit \nM 8/76 - 107 \n\nla marque est recon \nnue et prot\u00e9g\u00e9e comme \nun droit exclusif du \nfabricant ou de l'en \ntreprise commerciale \nM 8/76 - 15 \n\nla marque r\u00e9gionale \nM 8/76 - 43 \n\nplusieurs marques \nressemblantes d'un \nm\u00eame titulaire \n162,7 \n\nla registrazione di un \nmarchio posteriore \nidentico o tale da \ndar luogo a confusione \n\nthe registration of an \nidentical or confusingly \nsimilar posterior trade \nmark \n\nl'apposizione del mar \nchio registrato sulle \nmerci \n\naffixing the protected \ntrade mark upon the \ngoods \n\nil marchio viene rico- trade marks are recognized \nnosciuto e tutelato \ncome diritto esclusivo to a particular manufacturer \ndel produttore o del- \n1'impresa commerciale \n\nas belonging exclusively \n\nor distributor \n\nil marchio regionale \n\nregional trade mark \n\ndiversi marchi simili \ndi uno stesso titolare \n\nseveral identical trade \nmarks registered by the \nsame proprietor \n\nles marques de service \neurop\u00e9ennes \n177,1 \n\ni marchi europei di \nservizio \n\nEuropean service marks \n\nla protection formelle \ndes marques de service \nM 8/76 - 70 \n\nla protezione formale \ndei marchi di servi \nzio \n\nformai protection of \nservice marks \n\nl'usage de la marque \nde service ou d'un \nsigne similaire \n177,2 \n\nl'uso del marchio di \nservizio o di un segno or a similar mark \nsimile \n\nuse of (the service mark) \n\nla coexistence de deux la coesistenza di \nmarques similaires ou \nidentiques \nM 8/76 - 30 \n\nmarchi uguali o simili \n\ncoexistence of two \nsimilar or identical \ntrade marks \n\nles titulaires de mar \nques nationales simi \nlaires \nM 8/76 - 66 \n\nl'enregistrement de \nmarques trompeuses \nM 8/76 - 79 \n\nexclure les marques \ntrompeuses de l'enre \ngistrement \nM 8/76 - 84 \n\ni titolari di marchi \nnazionali simili \n\nowners of identical \nnational trade marks \n\nregistration of \nla registrazione di \ncontrassegni decettivi deceptive marks \n\nescludere dalla regi \nstrazione i marchi \ningannevoli \n\nto exclude deceptive trade \nmarks from registration \n\n- 92 -\n\nPE 64. 907 \n\n\f161 - 161 \n\ndie Marke, die einen \neurop\u00e4ischen Charakter \nhat \n\nmerken die een Europees \nkarakter hebben \n\nvarem\u00e6rker, som har \neurop\u00e6isk karakter \n\ndie Eintragung einer \nj\u00fcngeren identischen \noder verwechslungsf\u00e4hi= \ngen Marke \n\nde inschrijving van een registreringen af et \njonger, identiek, of tot yngre identisk eller \nverwarring aanleiding \ngevend merk \n\nforveksleligt m\u00e6rke \n\ndas Anbringen der ge= \nsch\u00fctzten Marke auf \nder Ware \n\nhet aanbrengen van het \nbeschermde merk op het \nprodukt \n\nanbringelsen af det be= \nskyttede m\u00e6rke p\u00e5 varen \n\ndie Marke wird \nals ausschlie\u00df= \nliches Recht eines Her= \nstellers oder Handels= \nUnternehmers anerkannt \nund gesch\u00fctzt \n\nhet merk wordt als ex \nclusief recht van een \nproducent of een han \ndelsonderneming erkend \nen beschermd \n\nvarem\u00e6rket anerkendes og \nbeskyttes som producentens \neller handelsvirksomhedens \neneret \n\ndie Regionalmarke \n\nhet regionale merk \n\net regionalt varem\u00e6rke \n\nmehrere ubereinstimmen= \nde Marken desselben In= \nhabers \n\nverscheidene overeen \nstemmende merken van \ndezelfde rechthebbende \n\nflere lignende varem\u00e6rker \ntilh\u00f8rende den samme inde= \nhaver \n\ndie europ\u00e4ischen Dienst= de Europese dienstmerken (europ\u00e6iske)m\u00e6rker for \nleistungsmarken \n\ntjenesteydelser \n\nder Formalsch\u00fctz von \nDienstleistungsmarken \n\nde formele bescherming \nvan dienstmerken \n\nen formel beskyttelse af \nm\u00e6rket for tjenesteydelser \n\ndie Benutzung der \nDienstleistungsmarke \noder einer uberein= \nstimmenden Bezeichnung \n\nhet gebruik van het \ndienstmerk of van een \novereenstemmend kenteken forveksleligt kendetegn \n\nbrugen af m\u00e6rket for \ntjenesteydelser eller et \n\ndie Koexistenz von zwei de co\u00ebxistentie van ge \n\u00e4hnlichen oder \u00fcberein= lijke of soortgelijke \nstimmenden (gleichen) \nMarken \n\nmerken \n\nsameksistensen af ens \neller tilsvarende vare= \nm\u00e6rker \n\ndie Inhaber ubereinstim= de houders van overeen-\nmender nationaler Mar= \nken \n\nstemmende nationale \nmerken \n\nindehavere af overens= \nstemmende nationale vare= \nm\u00e6rker \n\ndie Eintragung t\u00e4u= \nsehender Markenzeichen \n\nde inschrijving van \nmisleidende tekens \n\nregistrering af vildleden= \nde m\u00e6rker \n\nt\u00e4uschende Marken von \nder Eintragung aus= \nschliessen \n\nde misleidende merken \nvan het recht op in \nschrijving uitsluiten \n\nudelukke vildledende \nm\u00e6rker fra registrering \n\n- 93 -\n\nPE 64. 907 \n\n\f161. marque (suite) \n\nseule une marque \nutilis\u00e9e ou dont \nl'usage est envisag\u00e9 \npeut\u00ad\u00eatre prot\u00e9g\u00e9e \nM 8/76 \u00ad 119 \n\napposer la marque \nsur des produits \n164,2 \n\nle caract\u00e8re distinc\u00ad\ntif et attractif des \nmarques \nM 8/76 \u00ad 108 \n\navoir int\u00e9r\u00eat a ce \nque la d\u00e9ch\u00e9ance de \nla marque soit pronon\u00ad\nc\u00e9e \n173,2 \n\npossono essere protetti only trade marks which \nsolo i marchi effettiva? are used or are intended \nmente usati o dei quali to be used may be protected \nsia previsto l'uso \n\napporre il marchio \na dei prodotti \n\nto use the mark on the \ngoods \n\nl'efficacia distintiva \ne pubblicitaria dei \nmarchi \n\nthe distinctive force \nand the advertising \nvalue of trade mark s \n\navere interesse alla \npronuncia di decaden\u00ad\nza del marchio \n\nto have a lawful interest \nin the declaration of \nlapse of a mark \n\nla demande de marque \nest r\u00e9put\u00e9e non avenue \n154,3 \n\nla presentazione della \ndomanda di marchio si \nha per non avvenuta \n\nthe application for a \ntrade mark is deemed not \nto have been made \n\nd\u00e9poser une demande de \nmarque \n154,3 \n\npresentare una domanda \ndi marchio \n\nto lodge an application \nfor a trade mark \n\nle rejet d'une deman\u00ad\nde de marque \n142,1 \n\nles d\u00e9cisions de re\u00ad\njet d'une demande de \nmarque \n86,2 \n\nprononcer le rejet \nd'une demande de mar\u00ad\nque \n86,1 \n\nle d\u00e9p\u00f4t des marques \n123,2 \n\nl'enregistrement de \nla marque \nchap, iv\u00e8, 4\u00e8 sec. l'invalidation de la \nmarque \n11. 1 \nla protection des \nmarques \n5,1 \u00ad 1\u00e8re + 2\u00e8 v. il rigetto della doman\u00ad refusal of the appi i\u00e7a\u00ad\nda di marchio tion for a trade mark \n\nle decisioni relative \nal rigetto di una do\u00ad\nmanda di marchio \n\nthe decisions by virtue \nof which an application \nfor a trade mark is \nrefused \n\npronunciare il riget\u00ad\nto di una domanda di \nmarchio \n\nto refuse an application \nfor a trade mark \n\nil deposito dei marchi registration of trade \n\nmarks \n\nla registrazione del registration of the \nmarchio trade mark \n\n1'inva1ida \u03b6 ione de1 \nmarchio \n\ninvalidity of a trade \nmark \n\nla protezione dei \nmarchi \n\nprotection for trade \nmarks \n\n\u00ad 94 \u00ad\n\nPE 64. 907 \n\n\fnur eine benutzte oder \nzur Benutzung vorgesehene voor gebruik bestemd \nMarke kann gesch\u00fctzt wer= merk komt voor bescher-\nden \n\nalleen een gebruikt of \n\nming in aanmerking \n\n161 161 \n\nkun et i brug v\u00e6rende vare= \nm\u00e6rke eller et m\u00e6rke, som \np\u00e5t\u00e6nkes taget i brug, kan \nbenyttes \n\nWaren mit der Marke \nversehen \n\nhet merk op waren aan \nbrengen \n\nforsyne varer med \nm\u00e6rket \n\ndie Unterscheidungs-\nund Werbekraft der \nMarken \n\nde onderscheidende \nkracht en het wervend \nvermogen van het merk \n\nm\u00e6rkets s\u00e6rpr\u00e6g eller re= \nklamevirkning \n\nein Interesse an der Er= \nkl\u00e4rung der Verfalls \n(der Marke) haben \n\nbelang hebben bij de \nvervallenverklaring van \nhet merk \n\nhave interesse i at \nm\u00e6rket kendes for= \ntabt \n\ndie Anmeldung gilt als \nnicht eingereicht \n\neine Anmeldung ein= \nreichen \n\nde aanvrage wordt ge \nacht niet te hebben \nplaatsgevonden \n\nde aanvrage instellen \n\nanmeldelsen (af m\u00e6rket) \nanses ikke for indgivet \n\nindgive anmeldelse \n(af et m\u00e6rke) \n\ndie Zur\u00fcckweisung der \neurop\u00e4ischen Markenan= \nmeldung \n\nde afwijzing van een \nanvrage tot inschrijving et varem\u00e6rke \nvan een merk \n\nafslag p\u00e5 anmeldelsen af \n\ndie Beschl\u00fcsse, durch \ndie eine Markenanmel= \ndung zur\u00fcckgewiesen wird vrage \n\nde beslissingen tot af- afg\u00f8relser, hvorved en \nwijzing van een merkaan- varem\u00e6rkeanmeldeIse er \n\nafsl\u00e5et \n\neine Markenanmeldung \nzur\u00fcckweisen \n\neen merkaanvrage af \nwijzen \n\nafsl\u00e5 en varem\u00e6rkeanmel= \ndelse \n\ndie Eintragung der \nMarken \n\nde inschrijving van de \nmerken \n\nregistrering af vare= \nm\u00e6rker \n\ndie Eintragung der \nMarke \n\nde inschrijving van het varem\u00e6rkers registrering \nmerk \n\ndie Nichtigerkl\u00e4rung \nder Marke \n\ndie nietigverklaring van oph\u00e6ve varem\u00e6rket \nhet merk \n\nder Schutz der Marken \n\nde bescherming van de \nmerken \n\nbeskyttelse af vare= \nm\u00e6rker \n\n- 95 \n\nPE 64. 907 \n\n\f161. marque (suite) \n\nle reglement de la \nmarque \n166 (T) - 172,1,2 \n\nil regolamento del \nmarchio/il regolamento \nsul marchio \n\nregulations as to the \nuse of the collective \nmarks \n\nla consultation du \nr\u00e8glement de la marque regolamento del marchio (trade mark) regulations \n171 (T) \n\nla consultazione del \n\ninspection of the \n\npouvoir consulter le \nr\u00e8glement de la marque regolamento del marchio trade mark regulations \n171 \n\npoter consultare 'il. may inspect the \n\n- la modification du \nr\u00e8glement de la mar \nque \n\n- la modification du \n\nr\u00e8glement (de la mar \nque) \n\n170 - 174,1 (T) \n\n- la modificazione del \nregolamento del mar \nchio \n\n- adeguare il regola= \nmento del marchio \n- \u00b7 \u00b7 \u00b7 \n\nassurer une repr\u00e9senta \ntion en mati\u00e8re de mar \nques \n153,1 \n\nessere abilitato alla \nrappresentanza in ma \nteria di marchi \n\nexercer a titre profes \nsionnel la repr\u00e9senta \ntion en mati\u00e8re de \nmarques \n153,3 \n\nrisultare abilitato \nall'esercizio profes \nsionale della rappre \nsentanza in materia di \nmarchi \n\nchange in the trade \nmark regulations \n\nto act as a representative \nin trade mark matters \n\nto act as professional \nrepresentative in trade \nmark matters \n\nconstituer la repro \nduction, l'imitation \nou la traduction d'une \nmarque \nll. l. d \n\nrappresentare la ri \nproduzione, 1' imita \nzione o la traduzione \ndi un marchio \n\nto constitute a repro \nduction, imitation or \ntranslation of a trade \nmark \n\ndes signes pouvant \nconstituer une marque \n8 (T) \n\nsegni idonei a costi \ntuire un marchio \n\ntypes of trade mark \n\nle titulaire de la \nmarque \n162,2 - 164,2 - 172,1,2 -\n173,1 - 174,1 \n\nil titolare del marchio proprietor of the trade \n\nmark/the mark \n\nle titulaire de la \nmarque ou son licenci\u00e9/ \nou son ayant cause \n110,1,2,4 - 116,3 -\n126,1 \n\nil titolare o il suo proprietor of the \navente causa \nil titolare del mar- or his licensee or his \nchio o il suo avente successor in title \ncausa \n\n(European) trade mark \n\nintenter une action \nconjointement avec le \ntitulaire de la marque \n172,2 \n\nproporre un'azione \ncongiuntamente al ti \ntolare del marchio \n\nto institute proceedings \njointly with the proprie \ntor of the mark \n\n- 96 -\n\nPE 64. 907 \n\n\f161 - 161 \n\ndie Markensatzung \n\nhet reglement voor het \nmerk/van het merk \n\nvedt\u00e6gter vedr\u00f8rende \nm\u00e6rket \n\ndie Einsicht in die \nMarkensatzung \n\nde inzage in het regle \nment \n\neftersyn af vedt\u00e6gterne \nvedr\u00f8rende m\u00e6rker \n\nin die Markensatzung \nEinsicht gew\u00e4hren \n\nhet reglement kunnen in \nzien \n\n- die \u00c4nderung der Mar= \n\nkensatzung \n\n- eine Satzungs\u00e4nderung \n\n(der Marke) \n\nde wijziging van het \nmerkreglement \neen wijziging van het \nreglement van het merk \n\n\u00e5ben adgang til eftersyn \naf vedt\u00e6gterne vedr\u00f8rende \nm\u00e6rker \n\n\u00e6ndring af vedt\u00e6gterne \nvedr\u00f8rende m\u00e6r= \nker \nen vedt\u00e6gts\u00e6ndring (ved= \nr\u00f8rende m\u00e6rket) \n\ndie Vertretung auf dem \nGebiet des Markenrechts \naus\u00fcben \n\nals vertegenwoordiger \ninzake merken optreden \n\nkunne repr\u00e6sentere/vare= \ntage repr\u00e6sentationen i \nvarem\u00e6rkesager \n\ndie berufsm\u00e4\u00dfige Vertre= \ntung auf dem Gebiet des \nMarkenrechts aus\u00fcben \n\nuit hoofde van beroep \nals vertegenwoordiger \ninzake merken optreden \n\nud\u00f8ve faglig repr\u00e6senta= \ntion i varem\u00e6rkesager p\u00e5 \ngrundlag af s\u00e6rlige fag= \nlige kvalifikationer \n\neine Abbildung, Nachah= \nmung oder \u00dcbersetzung \neiner Marke darstellen \n\nde afbeelding, de naboot \nsing of de vertaling van \neen merk vormen \n\nv\u00e6re en forvekslelig gen= \ngivelse, efterligning eller \novers\u00e6ttelse af et vare= \nm\u00e6rke \n\nMarkenformen \n\ntekens die als merk \nkunnen dienen \n\nformer for varem\u00e6rker \n\ndie Markeninhaber \n\nde rechthebbende op \nhet merk \n\nder Markeninhaber oder \nsein Lizenznehmer/oder \nsein Rechtsnachfolger \n\nde rechthebbende op het \nmerk of zijn licentie \nhouder/of diens recht \nverkrijgende \n\ngemeinsam mit dem \nMarkeninhaber auftreten \n\ntezamen met de rechtheb \nbende op het merk een \nrechtsvordering instel \nlen \n\nvarem\u00e6rkets/f\u00e6llesm\u00e6r= \nkets/m\u00e6rkets indehaver \nindehaveren af et f\u00e6lles= \nm\u00e6rke \n\n- indehaveren (af et varem\u00e6r= \nke eller dennes) licenshaver \n- indehaveren af det europ\u00e6iske \nvarem\u00e6rke eller hans licens= \ntager \n\n- indehaveren af det europ\u00e6iske \nvarem\u00e6rke eller den til hvem \nretten er overg\u00e5et \n\noptr\u00e6de i f\u00e6llesskab med \nm\u00e6rkets indehaver \n\n97 \n\nPE 64. 907 \n\n\f161. marque (suite) \n\ns'associer a une \naction intent\u00e9e par \nle titulaire de la \nmarque \n172,2 \n\nintervenir dans une \naction intent\u00e9e con \ntre le titulaire de la \nmarque \n172,2 \n\nla volont\u00e9 du titu \nlaire de la marque \n110,3 \n\nle transfert de la \nmarque \n147,2 \n\nl'usage de la marque \n11,1,e - 16,1 - 17,1 \n110,4 - 117,1 \n\nun usage de la marque \ncontraire a son reg \nlement \n173,1a \n\nun contr\u00f4le s\u00e9rieux \net efficace de l'usa \nge de la marque \n166 \n\nassociarsi a un'azione \nproposta dal titolare \ndel marchio \n\nto join the proprietor \nof the mark in an action \n\nintervenire nel giudi- to intervene in an action \nzio proposto contro \nli titolare del marchio prietor of the mark \n\nbrought against the pro \n\nla volont\u00e0 del tito \nlare del marchio \n\ncontrol of the proprietor \nof the trade mark \n\nil trasferimento del \nmarchio \n\nassignment of the \n(European) trade mark \n\nl'uso del marchio \n\nuse of the trade mark \nuse in commerce of the \ntrade mark \n\nun uso del marchio \ncontrario al relativo \nregolamento \n\nuse of the mark contrary \nto the regulations \n\nun controllo serio ed \nefficace relativo al \nl'uso del marchio \n\nserious and effective \ncontrol of the use of \nthe mark \n\ns'opposer a tout usage opporsi ad ogni uso \ndel marchio o di un \nde la marque ou d'un \nsigne ressemblant \nsegno simile \n172,1 \n\nto oppose any use of \nthe mark or a similar \nmark \n\nl'usage non autoris\u00e9 \nde la marque \n172,1 \n\nutiliser la marque \n166 \n\nutiliser une marque \nen contradiction avec \nsa fonction \nM 8/76 - 26 \n\nutiliser la marque \nBOUS le contr\u00f4le du \ntitulaire \n164,1 \n\nutiliser la marque ou \nle signe similaire \n177,2 \n\nl'uso non autorizza \nto del marchio \n\nunauthorized use of \nthe mark \n\nutilizzare il marchio to use the mark \n\nusare un marchio in \nmodo contrastante con \nla sua funzione \n\nto use trade mark rights \nin a manner incompatible \nwith their main function \n\nutilizzare il marchio \nsotto il controllo del \ntitolare \n\nto use the mark under \nsupervision of the \nproprietor \n\nutilizzare il marchio \no il segno simile \n\nuse of the same or a \nsimilar mark \n\n- 98 -\n\nPE 64. 907 \n\n\fsich einer Klage des \nMarkeninhabers an= \nschlie\u00dfen \n\nzieh in een door de \nrechthebbende op het \nmerk ingesteld geding \nvoegen \n\n161 - 161 \n\ntilslutte sig et af inde= \nhaveren (af et \nm\u00e6rke anlagt s\u00f8gsm\u00e5l \n\neiner Klage gegen den \nMarkeninhaber beitreten \n\nin een tegen de recht \nhebbende op het merk \ningestelde rechtsvorde \nring tussenbeide komen \n\nintervenere i et mod \nindehaveren (af varem\u00e6r= \nket) anlagt s\u00f8gsm\u00e5l \n\nder Wille des Marken= \nInhabers \n\nde wil van de recht \nhebbende op het merk \n\nvarem\u00e6rkeindehaverens vilje \n\nder Rechts\u00fcbergang der \nMarke \n\nde overgang van het merk overf\u00f8relse af vare= \n\nm\u00e6rket \n\ndie Benutzung der Marke het gebruik van het merk - den brug, der er gjort \n\naf varem\u00e6rket \n\n- brugen af varem\u00e6rket \n- varem\u00e6rkets anvendelse \n\neine satzungswidrige \nBenutzung der Marke \n\neen met het reglement \nstrijdig gebruik van \nhet merk \n\nen brug i strid med \nvedt\u00e6gterne vedr\u00f8rende \nm\u00e6rket \n\neine ernsthafte und wirk= een wezenlijk en doel-\ntreffend toezicht op \nsame Kontrolle der Be= \nhet gebruik van het \nnutzung der Marke \nmerk \n\nen p\u00e5lidelig og effektiv \nkontrol med m\u00e6rkets \nbrug \n\nsich jeder Benutzung \nder Marke oder einer \n\u00fcbereinstimmenden Be= \nZeichnung widersetzen \n\nzich verzetten tegen elk mods\u00e6tte sig enhver er= \ngebruik van het merk of \nvan een overeenstemmend \nteken \n\nhvervsm\u00e6ssig brug af \nm\u00e6rket eller et \nmed dette forveksleligt \nkendetegn \nuretm\u00e6ssig brug (af \nm\u00e6rket \n\ndie unbefugte Benutzung \nder Marke \n\neen onrechtmatig ge \nbruik van het merk \n\ndie Marke benutzen \n\nhet merk gebruiken \n\ng\u00f8re brug af m\u00e6rket \n\ndie Marke funktions= \nwidrig benutzen \n\nhet merk in strijd met \nzijn functie gebruiken \n\nanvende varem\u00e6rket i \nmodstrid med sin funktion \n\ndie Marke unter der Kon= de merk onder het toe-\ntrolle des Markeninhabers zieht van de rechtheb-\nbenutzen \n\nbende gebruiken \n\ng\u00f8re brug af m\u00e6rket \nunder indehaverens kontrol \n\ndie Marke oder die \n\u00fcbereinstimmende Be= \nZeichnung benutzen \n\nhet merk of het over \neenstemmende kenteken \ngebruiken \n\nbrug af m\u00e6rket for tjeneste= \nydelser eller et forveksle= \nligt kendetegn \n\n- 99 \n\nPE 64. 907 \n\n\f161. marque (suite) \n\nles personnes habili \nt\u00e9es \u00e0 utiliser la \nmarque \n172,1,2 \n\nle persone autorizzate persons entitled to use \na utilizzare il marchio the mark \n\n162. marque collective europ\u00e9enne \n- la marque collective \n\nil marchio europeo \ncollettivo \n\neurop\u00e9enne \nles marques collect!- - i marchi europei col-\nves europ\u00e9ennes \n164 (T) - 165 - 169 -\n172,1 \n\nlettivi \n\n- European collective \n\nmark \n\n- European collective \n\nmarks \n\nla marque collective \neurop\u00e9enne tombe en \nd\u00e9ch\u00e9ance \n173,1 \n\nla d\u00e9ch\u00e9ance de la \nmarque collective eu \nrop\u00e9enne \n173 (T) \n\n1'action en d\u00e9ch\u00e9ance \nde la marque collecti \nve europ\u00e9enne \n173,2 \n\nintenter l'action en \nd\u00e9ch\u00e9ance de la mar \nque collective euro \np\u00e9enne \n173,2 \n\nil marchio europeo col \nlettivo decade \n\na European collective \nmark shall lapse \n\nla decadenza del mar \nchio europeo colletti \nvo \n\nlapse of European collec= \ntive marks \n\nl'azione di decadenza \ndel marchio europeo \ncollettivo \n\ndeclaration of lapse \nof a European collective \nmark \n\nproporre l'azione di \ndecadenza del marchio \neuropeo collettivo \n\nto claim the declaration \nof lapse of a European \ncollective mark \n\n\u00eatre habilit\u00e9 a inten \nter une action en d\u00e9 \nch\u00e9ance ou en nullit\u00e9 \nd'une marque collective \neurop\u00e9enne \n175 \n\navere facolt\u00e0 di pro \nporre un'azione di \ndecadenza o di nulli \nt\u00e0 di un marchio euro \npeo collettivo \n\nto have the right to \nbring an action for the \ndeclaration of lapse or \nrevocation of a Europe an \ncollective mark \n\nla demande de marque \ncollective europ\u00e9enne \n166 - 168,1 \n\nla domanda di marchio \ncollettivo europeo \n\napplication for a \nEuropean collective \nmark \n\nle rejet de la demande \nde marque collective \neurop\u00e9enne \n168 (T) \n\nil rigetto della do \nmanda di marchio euro \npeo collettivo \n\nrejection of applications \nfor European collective \nmarks \n\nrejeter la demande de respingere la domanda \nmarque collective euro- di marchio europeo \np\u00e9enne \n168,1 \n\ncollettivo \n\nto reject the application \nfor a European collective \nmark \n\nles droits conf\u00e9r\u00e9s \npar la marque collec \ntive europ\u00e9enne \n172 (T) - 172,2 \n\ni diritti conferiti dal rights/the right accruing \nmarchio europeo collet- from the European collec= \ntivo \n\ntive mark \n\n100 \n\nPE 64. 907 \n\n\fPersonen, die zur Be= \nnutzung der Marke be- \nrechtigt sind/befugt sind zijn/bevoegd zijn \n\npersonen die tot gebruik \nvan het merk gerechtigd \n\n161 - 162 \n\nde personer, der er beret= \ntiget/har bef\u00f8jelse til \nat g\u00f8re brug af \nm\u00e6rket \n\ndie europ\u00e4ische \nKollektivmarke \ndie europ\u00e4ischen \nKollektivmarken \n\nhet Europese collec \ntieve merk \nde Europese collec \ntieve merken \n\n- det europ\u00e6iske f\u00e6lles= \n\nm\u00e6rke \n\n- f\u00e6llesm\u00e6rket \n- europ\u00e6iske f\u00e6llesm\u00e6rker \n\ndie europ\u00e4ische Kollek= het Europese collec-\ntieve merk vervalt \ntivmarke verf\u00e4llt \n\net europ\u00e6isk f\u00e6llesm\u00e6rke \nfortabes \n\nder Verfall der europ\u00e4i= \nschen Kollektivmarke \n\nhet verval van het \nEuropese collectieve \nmerk \n\neurop\u00e6iske f\u00e6llesm\u00e6rkers \nfortabelse \n\ndie Klage auf Erkl\u00e4rung \ndes Verfalls der euro= \np\u00e4ischen Kollektivmarke \n\nde rechtsvordering tot \nvervallenverklaring van \nhet Europese collectieve \nmerk \n\ns\u00f8gsm\u00e5l om fortabelse af \net europ\u00e6isk f\u00e6llesm\u00e6rke \n\nKlage auf Erkl\u00e4rung \ndes Verfalls der euro= \np\u00e4ischen Kollektivmarke \nerheben \n\neen rechtsvordering tot \nvervallenverklaring van \nhet Europese collectieve \nmerk instellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l om fortabelse \naf et europ\u00e6isk f\u00e6llesm\u00e6rke \n\nzur Erhebung der Klage \nauf Erkl\u00e4rung des Ver= \nfalls oder der Nichtig= \nkeit einer europ\u00e4ischen \nKollektivmarke berech= \ntigt sein \n\nbevoegd zijn een rechts \nvordering tot vervallen \nverklaring of tot nietig \nverklaring van een Euro= \npees collectief merk in \nte stellen \n\nhave adgang til at anl\u00e6gge \ns\u00f8gsm\u00e5l om fortabelse eller \nugyldighed af europ\u00e6iske \nf\u00e6llesm\u00e6rker \n\ndie Anmeldung der euro= \np\u00e4ischen Kollektivmarke \n\nde aanvrage van het Euro- anmeldelsen af et euro= \npese collectieve merk \n\np\u00e6isk f\u00e6llesm\u00e6rke \n\ndie Zur\u00fcckweisung der \nAnmeldung der europ\u00e4i= \nsehen Kollektivmarke \n\nde weigering van de aan \nvrage van het Europese \ncollectieve merk \n\nafslag p\u00e5 anmeldelse af \net europ\u00e6isk f\u00e6llesm\u00e6rke \n\ndie Anmeldung der euro= \np\u00e4ischen Kollektivmarke \nzur\u00fcckweisen \n\nde aanvrage van het \nEuropese collectieve \nmerk weigeren \n\nafsl\u00e5 en anmeldelse af \net europ\u00e6isk f\u00e6llesm\u00e6rke \n\ndas Recht aus der euro= \np\u00e4ischen Kollektivmarke \n\nde rechten verbonden \naan het Europese col \nlectieve merk \nde aan het Europese \ncollectieve merk ver \nbonden rechten \n\nrettigheder i henhold til \neurop\u00e6iske f\u00e6llesm\u00e6rker/ \net europ\u00e6isk f\u00e6llesm\u00e6rke \n\n101 \n\nPE 64. 907 \n\n\f162. marque collective europ\u00e9enne (suite) \n\nexercer les droits \nconf\u00e9r\u00e9s par la marque conferiti dal marchio \ncollective europ\u00e9enne europeo collettivo \n172,2 \n\nesercitare i diritti \n\nto exercise the rights \naccruing from the European \ncollective mark \n\nl'extinction de l'en- \nregistrement de la mar- registrazione del \nque collective euro= \np\u00e9enne \n176 \n\nmarchio europeo col\u2014 \nlettivo \n\nl'estinzione della \n\nformer opposition con- proporre opposizione \ntre l'enregistrement \nde la marque collective ne del marchio europeo \neurop\u00e9enne \n172,3 \n\ncontro la registrazio \n\ncollettivo \n\n\u00eatre habilit\u00e9 a former essere abilitato a \nopposition contre l'en- proporre opposizione \nregistrement de la mar- contro la registra-\nque collective euro- \np\u00e9enne \n172,3 \n\nzione del marchio \neuropeo collettivo \n\nlapsed registration of \nthe European collective \nmark \n\nto oppose the registration \nof the European collective \nmark \n\nto be entitled to oppose \nthe registration of the \nEuropean collective mark \n\nenregistrer la marque \ncollective europ\u00e9enne \n174,1 \n\nla registrazione del \nmarchio collettivo \neuropeo \n\nto register a European \ncollective mark \n\nd\u00e9clarer nulle la \nmarque collective euro- marchio europeo collet- collective mark \np\u00e9enne \n174,1 \n\ndichiarare nullo il \n\ntivo \n\nto revoke a European \n\nla nullit\u00e9 d'une mar \nque collective euro \np\u00e9enne/de la marque \ncollective europ\u00e9enne \n172,3 \n\ninvoquer la nullit\u00e9 \nd'une marque collec \ntive europ\u00e9enne \n172,3 \n\nle registre des mar \nques collectives euro \np\u00e9ennes \n169 (T) \n\nla nullit\u00e0 di un mar \nchio europeo colletti \nvo/del marchio europeo \ncollettivo \n\nto revoke a European \ncollective mark \n\ninvocare la nullit\u00e0 di to revoke a European \nun marchio europeo col- collective mark \nlettivo \n\nil registro dei marchi \neuropei collettivi \n\nregister of European \ncollective marks \n\nle titulaire de la mar- il titolare del marchio proprietor of the \nque collective euro- \neuropeo collettivo \np\u00e9enne \n170,1 \n\nEuropean collective mark \n\nutiliser des marques \ncollectives europ\u00e9ennes europei collettivi \nradi\u00e9es \n176 (T) \n\ncancellati (dal regi\u2014 \nstro) \n\nutilizzare i marchi \n\nuse of lapsed European \ncollective marks \n\n162A. marque collective nationale \n\nintenter des actions a proporre azioni nei \n1'encontre de marques \nconfronti di marchi \ncollectives nationales \nnazionali collettivi \n175 \n\nto bring actions with \nrespect to national \ncollective marks \n\n- 102 \n\nPE 64. 907 \n\n\fdas Recht aus der euro= \np\u00e4ischen Kollektivmarke \ngeltend machen \n\nde aan het Europese \ncollectieve merk ver- \nbonden rechten uitoefenen p\u00e6isk f\u00e6llesm\u00e6rke \n\np\u00e5ber\u00e5be sig rettigheder \ni henhold til et euro= \n\n162 - 162A \n\ndie L\u00f6schung der Ein= \ntragung der europ\u00e4i= \nschen Kollektivmarke \n\nde doorhaling van de \ninschrijving van het \nEuropese collectieve \nmerk \n\net europ\u00e6isk f\u00e6llesm\u00e6rkes \nudslettelse af registeret \n\ngegen die Eintragung \nder europ\u00e4ischen Kollek= \ntivmarke Widerspruch \nerheben \n\nzich tegen de inschrij \nving van het Europese \ncollectieve merk ver= \nzetten \n\ng\u00f8re indsigelse mod \nregistreringen af det \neurop\u00e6iske f\u00e6llesm\u00e6rke \n\nberechtigt sein, gegen \ndie Eintragung der euro= \np\u00e4ischen Kollektivmarke \nWiderspruch zu erheben \n\nbevoegd zijn zich tegen \nde inschrijving van het \nEuropese collectieve \nmerk te verzetten \n\nv\u00e6re berettiget til at \ng\u00f8re indsigelse mod regi= \nstreringen af det euro= \np\u00e6iske f\u00e6llesm\u00e6rke \n\ndie europ\u00e4ische Kollek= \ntivmarke eintragen \n\nhet Europese collectieve registrere et europ\u00e6isk \nmerk inschrijven \n\nf\u00e6llesm\u00e6rke \n\ndie europ\u00e4ische Kollek= \ntivmarke f\u00fcr nichtig \nerkl\u00e4ren \n\nhet Europese collectieve kende et europ\u00e6isk f\u00e6lles= \nmerk nietig verklaren \n\nm\u00e6rke ugyldigt \n\ndie Nichtigkeit einer \neurop\u00e4ischen Kollektiv= \nmarke/der europ\u00e4ischen \nKollektivmarke \n\nde nietigheid van een \nEuropees collectief merk/ p\u00e6isk f\u00e6llesm\u00e6rke/det \nvan het Europese coll\u00e9e- europ\u00e6iske f\u00e6llesm\u00e6rke \ntieve merk \n\nugyldighed af et euro= \n\ndie Nichtigkeit einer \neurop\u00e4ischen Kollektiv= \nmarke geltend machen \n\nde nietigheid van een \nEuropees collectief merk europ\u00e6isk f\u00e6llesm\u00e6rke \ninroepen \n\np\u00e5ber\u00e5be ugyldighed af et \n\ndas Register f\u00fcr euro= \np\u00e4ische Kollektivmarken \n\nhet Register voor Euro- register for europ\u00e6iske \npese collectieve merken \n\nf\u00e6llesm\u00e6rker \n\nder Inhaber der euro= \np\u00e4ischen Kollektivmarke \n\nde rechthebbende op het \nEuropese collectieve \nmerk \n\nindehaveren af et euro= \np\u00e6isk f\u00e6llesm\u00e6rke \n\ndie Benutzung gel\u00f6schter \neurop\u00e4ischer Kollektiv= \nmarken \n\nhet gebruik van door \ngehaalde Europese col \nlectieve merken \n\nbrug af oph\u00f8rte europ\u00e6iske \nf\u00e6llesm\u00e6rker \n\nKlagen hinsichtlich \nnationaler Kollektiv= \nmarken erheben \n\nvorderingen met betrek- anl\u00e6gge s\u00f8gsm\u00e5l vedr\u00f8rende \nking tot nationale col- nationale f\u00e6llesm\u00e6rker \nlectieve merken instellen \n\n- 103 -\n\nPE 64. 907 \n\n\f163, marque europ\u00e9enne \n\nla marque europ\u00e9enne \na, s \n\nmarques europ\u00e9ennes \n2 (T) \n\nla marque europ\u00e9enne \na acquis un caract\u00e8re \ndistinctif \n115 \n\nil marchio europeo \n\nEuropean trade mark \n\nmarchi europei \n\nEuropean trade marks \n\nil marchio europeo \nha acquisito un carat \ntere distintivo \n\nthe (European) trade \nmark has attained distinc \ntiveness \n\nles marques europ\u00e9ennes i marchi europei hanno \nont un caract\u00e8re uni- carattere unitario e \ntaire et autonome \n2,2 \n\nautonomo \n\nEuropean trade marks \nshall have a unitary and \nautonomous character \n\nla marque europ\u00e9enne \nest devenue/devient \nincontestable vis-a \nvis de. /a l'\u00e9gard \nde. 116,2b - 121,1,3 - 122 \n123,1 - 124,1 \n\nla marque europ\u00e9enne \ntombe en d\u00e9ch\u00e9ance \n110. 1. 2 - 111 - 112 \n\nconstater que la mar \nque europ\u00e9enne \u00e9tait \nd\u00e9chue a une date d\u00e9 \ntermin\u00e9e \n131 \n\nla marque europ\u00e9enne \nenregistr\u00e9e \n52,1 \n\nles produits pour les \nquels la marque euro \np\u00e9enne est enregistr\u00e9e \n108. 2 - 112 - 113 -\n117. 1 - 118 \n\nla marque europ\u00e9enne \ns'\u00e9teint \n2,2 \n\nla marque europ\u00e9enne \nest inscrite au regi \nstre europ\u00e9en des mar \nques \n88 - 89 \n\nil marchio europeo e \ndivenuto/diviene in \ncontestabile nei con \nfronti di. the European trade mark \nhas become incontestable \nby. /may not be contested \nby. il marchio europeo de \ncade \n\nthe European trade mark \nshall lapse \n\naccertare la data \ndell'intervenuta de \ncadenza del marchio \neuropeo \n\nto find that the European \ntrade mark lapsed at a \ncertain date \n\nil marchio europeo re \ngistrato \n\nregistered European trade \nmark \n\ni prodotti per i quali \nil marchio europeo e \nstato registrato \n\nthe goods in respect of \nwhich the European trade \nmark has been/is registered/ \nis entered \n\nil marchio europeo \nsi estingue \n\nthe European trade mark \nlapses \n\nthe European trade mark \n\nil marchio europeo \n\u00e8 iscritto nel regi- shall be/has been entered \nstro europeo dei mar- in the Register of Euro-\nchi \nl'iscrizione del mar \nchio europeo nel re \ngistro europeo dei \nmarchi \n\npean Trade Marks \n\nles actes juridiques \nrelatifs aux marques \neurop\u00e9ennes \n25,1 \n\ngli atti giuridici re \nlativi ai- marchi euro \npei \n\nlegai transactions con \ncerning European trade \nmarks \n\n- 104 -\n\nPE 64. 907 \n\n\fdie europ\u00e4ische Marke \n\nhet Europese merk \n\ndet europ\u00e6iske varem\u00e6rke \n\n163 - 163 \n\neurop\u00e4ische Marken \n\nEuropese merken \n\neurop\u00e6iske varem\u00e6rker \n\ndie europ\u00e4ische Marke \nhat Unterseheidungs= \nkraft erlangt \n\nhet Europese merk heeft det europ\u00e6iske varem\u00e6rke \nonderscheidende kracht \nverkregen \n\nhar erhvervet s\u00e6rpr\u00e6g \n\ndie europ\u00e4ischen Marken \nsind einheitlich und \nautonom \n\nde Europese merken vor- de europ\u00e6iske varem\u00e6rker \nmen een eenheid en zijn har enhedskarakter og \nautonoom \n\nautonom karakter \n\ndie europ\u00e4ische Marke \nist gegen\u00fcber. unan= \nfechtbar geworden/wird \ngegen\u00fcber. unanfecht= \nbar \n\n- het Europese merk is \n\nonaantastbaar geworden \nten opzichte van. - het Europese merk niet \nmeer kunne aantasten \n- het Europese merk is \nonaantastbaar gewor \nden ten aanzien van. det europ\u00e6iske varem\u00e6rke \ner blevet/bliver uanf\u00e6gte= \nligt i forhold til/over \nfor indehaveren \n\ndie europ\u00e4ische Marke \nverf\u00e4llt \n\nhet Europese merk vervalt et europ\u00e6isk varem\u00e6rke \n\nfortabes \n\nfeststellen, da\u00df die \neurop\u00e4ische Marke zu \neinem bestimmten Zeit= \npunkt verfallen war \n\nvaststellen, dat het \nEuropese merk op een be \npaald tijdstip was ver \nvallen \n\nfastsl\u00e5, at det euro= \np\u00e6iske varem\u00e6rke var \nfortabt p\u00e5 et bestemt \ntidspunkt \n\ndie eingetragene euro= \np\u00e4ische Marke \n\nhet ingeschreven Euro \npese merk \n\net registreret europ\u00e6isk \nvarem\u00e6rke \n\nWaren, f\u00fcr die die \neurop\u00e4ische Marke ein= \ngetragen ist \n\nde waren, waarvoor het \nEuropese merk is inge \nschreven \n\nde varer, for hvilke det \neurop\u00e6iske varem\u00e6rke er \nregistreret \n\ndie europ\u00e4ische Marke \nerl\u00f6scht \n\nhet Europese merk ver \nvalt \n\ndet europ\u00e6iske varem\u00e6rke \noph\u00e6ve s \n\n- die europ\u00e4ische Marke \nwird in das europ\u00e4i= \nsehe Markenregister \neingetragen \n\n- die europ\u00e4ische Marke \nist im europ\u00e4ischen \nMarkenregister einge= \ntragen \n\nhet Europese merk wordt det europ\u00e6iske varem\u00e6rke \ningeschreven in het \nEuropese merkenregister varev\u00e6rkeregister \nhet Europese merk is \nin het Europese merken \nregister ingeschreven \n\nregistreres i det europ\u00e6iske \n\ndie Rechtsgesch\u00e4fte \n\u00fcber europ\u00e4ische Marken \n\nde rechtshandelingen \ninzake Europese merken \n\nretshandler vedr\u00f8rende \neurop\u00e6iske varem\u00e6rker \n\n- 105 \n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nles actions relatives le azioni relative ai actions concerning \naux marques europ\u00e9en\u00ad marchi europei/a marchi European trade marks/ \nnes/\u00e0 des marques na\u00ad nazionali for national trade marks \ntionales \n163,1 \n\nconna\u00eetre, en derni\u00e8re essere competente in \ninstance, des actions \nrelatives aux marques \neurop\u00e9ennes \n4 \n\nultima istanza per le \nazioni relative ai \nmarchi europei \n\nto deal, in the final \ninstance, with actions \nrelating to European \ntrade marks \n\nl'autonomie de la mar\u00ad l'autonomia del marchio autonomous character of \nque europ\u00e9enne europeo the European trade marks \n2,2 \n\nla cession de la mar\u00ad\nque europ\u00e9enne \n23,2 \n\nla classification des \nmarques europ\u00e9ennes \n54 (\u03a4) \n\nentrer en conflit avec \nla marque europ\u00e9enne \n120,2 \n\nla cessione del mar\u00ad\nchio europeo \n\nassignment of a European \ntrade mark \n\nla classificazione dei \nmarchi europei \n\nclassification of European \ntrade marks \n\nentrare in conflitto \ncon il marchio europeo \n\nto be in conflict with \nthe European trade mark \n\nla contrefa\u00e7on de la la contraffazione del \nmarque europ\u00e9enne/d'une marchio europeo/di un \nmarque europ\u00e9enne/d'une marchio europeo/di un \nmarque nationale marchio nazionale \n18 \u00ad 160 \n\nles actions en contre\u00ad le azioni di contraf\u00ad\nfa\u00e7on d'une marque \neurop\u00e9enne/d'une mar\u00ad\nque nationale \n156,1 \u00ad 157 \n\nfazione di un marchio \neuropeo/di un marchio \nnazionale \n\ninfringement of the \nEuropean trade mark/a \nnational trade mark \n\n\u00ad actions for infringement \nof /infringement actions \nin respect of a European \ntrade mark \n\n\u00ad actions for infringement \nof a national trade mark \n\nr\u00e9server les actions \nen contrefa\u00e7on des/de \nmarques europ\u00e9ennes \u00e0 \nun tribunal national \ncomp\u00e9tent ratione \nmaterian \n128,3 \u00ad 156,2 \n\nto refer/remit actions \nfor infringement of a \nEuropean trade mark to a \n\nattribuire ad un'au\u00ad\ntorit\u00e0 giudiziaria \nnazionale competente \nper materia la compe\u00ad national court, competent \ntenza per le azioni ratione materiae \ndi contraffazione dei \nmarchi europei \nrelativamente alle \nazioni di contraffa\u00ad\nzione di un marchio \neuropeo, attribuire \nla competenza ad \nun'autorit\u00e0 giudizia\u00ad\nria nazionale compe\u00ad\ntente per materia \n\n106 \n\nPE 64. 907 \n\n\fKlagen, die europ\u00e4ische \nMarken betreffen/die \nnationale Marken be= \ntreffen \n\nvorderingen betreffende \nEuropese merken/vorder in- p\u00e6iske varem\u00e6rker/ang\u00e5ende \ngen ten aanzien van natio-nationale varem\u00e6rker \nnaie merken \n\ns\u00f8gsm\u00e5l, som ang\u00e5r euro= \n\n163 163 \n\nf\u00fcr die Entscheidung \n\u00fcber Klagen, die euro= \np\u00e4ische Marken betre f= \nfen, in letzter Instanz \nzust\u00e4ndig sein \n\nbevoegd zijn om in \nhoogste aanleg kennis te \nnemen van rechtsvorde \nringen met betrekking \ntot de Europese merken \n\nafg\u00f8re sager vedr\u00f8rende \neurop\u00e6iske varem\u00e6rker, \nsom sidste instans \n\ndie Autonomie der \neurop\u00e4ischen Marlke \n\nde autonomie van het \nEuropese merk \n\ndet europ\u00e6iske varem\u00e6rke \nhar autonom karakter \n\ndie rechtsgesch\u00e4ftliche \n\u00dcbertragung der euro= \np\u00e4ischen Marke \n\ndie Klassifikation von \nWaren f\u00fcr europ\u00e4ische \nMarken \n\nde overdracht van het \nEuropese merk \n\noverdragelse af det \neurop\u00e6iske varem\u00e6rke \n\nde indeling van de \nEuropese merken \n\nvareklassificering for \neurop\u00e6iske varem\u00e6rker \n\nder europ\u00e4ischen Marke \nentgegenstehen \n\nin strijd zijn met het \nEuropese merk \n\nv\u00e6re i strid med det \neurop\u00e6iske varem\u00e6rke \n\ndie Verletzung einer \neurop\u00e4ischen Marke/einer \nnationalen Marke \n\nde inbreuk op het Euro \npese merk/op een Euro \npese merk/op een natio \nnaal merk \n\nkr\u00e6nkelse af det europ\u00e6iske \nvarem\u00e6rke/et nationalt \nvarem\u00e6rke \n\nKlagen wegen Verletzung \neiner europ\u00e4ischen Mar= \nke/einer nationalen Mar= \nke \n\nde vorderingen inzake in \nbreuk op een Europees \nmerk/op een nationaal \nmerk \n\ns\u00f8gsm\u00e5l om kr\u00e6nkelse \naf et europ\u00e6isk vare= \nm\u00e6rke/et nationalt vare= \nm\u00e6rke \n\nhenl\u00e6gge s\u00f8gsm\u00e5l vedr\u00f8ren= \nde kr\u00e6nkelse af europ\u00e6iske \nvarem\u00e6rker til en kompe= \ntent national domstol \n\nKlagen wegen Verletzung \neiner europ\u00e4ischen Mar= \nke/europ\u00e4ischer Marken \neinem sachlich zust\u00e4ndi= \ngen nationalen Gericht \nzuweisen \n\nde rechtsmacht inzake \nvorderingen wegens in \nbreuk op een Europees \nmerk aan een nationale \nabsoluut bevoegde \nrechterlijke instantie \ntoekennen \nde rechtsmacht ten aan \nzien van vorderingen in \nzake inbreuk op Euro^ \npese merken voorbehou \nden aan een nationale \nrechterlijke instantie \ndie absoluut bevoegd \nis \n\n107 -\n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nstatuer sur l'action decidere in merito \nen contrefa\u00e7on de la all'azione di con\u00ad\nmarque europ\u00e9enne traffazione del mar\u00ad\n159,3 chio europeo \n\nto decide on the claim \nfor infringement of the \nEuropean trade mark \n\nla proc\u00e9dure en con\u00ad\ntrefa\u00e7on d'une marque \neurop\u00e9enne/de la mar\u00ad\nque europ\u00e9enne \n158 \u00ad 159,1 \u00ad 161,1 \n\nil procedimento per \u00ad infringement proceedings \ncontraffazione di un/del of European trade marks \nmarchio europeo \u00ad proceedings for infringe\u00ad\n\nment of a European trade \nmark \n\nsuspendre la proc\u00e9dure \nen contrefa\u00e7on de la \nmarque europ\u00e9enne \n159,2 \n\nsospendere il procedi\u00ad\nmento per contraffa\u00ad\nzione del marchio \neuropeo \n\nto stay the proceedings \nfor infringement of the \nEuropean trade mark \n\nla d\u00e9ch\u00e9ance de la \nmarque europ\u00e9enne \nchap. VI, 2e sec. la decadenza del \nmarchio europeo \n\nlapse of European trade \nmarks \n\nla d\u00e9ch\u00e9ance de la \nmarque europ\u00e9nne pour \nd\u00e9faut d'usage \n110 T \n\nla decadenza del mar\u00ad\nchio europeo per man\u00ad\ncata utilizzazione \n\nla d\u00e9ch\u00e9ance de la la decadenza del mar\u00ad\nmarque europ\u00e9enne deve\u00ad chio europeo divenuto \nnue une d\u00e9nomination denominazione usuale \nusuelle generica \n111 \u03a4 \n\nlapse of European trade \nmarks because of non\u00aduse \n\nlapse of a European \ntrade mark which has \nbecome a generic term \n\nla d\u00e9ch\u00e9ance/la nul\u00ad\nlit\u00e9 de la marque \neurop\u00e9enne est inscrite \nau registre europ\u00e9en \ndes marques et publi\u00e9e \ndans le Bulletin euro\u00ad\np\u00e9en des marques \n114,2 \u00ad 119,2 \n\nla pronuncia di deca\u00ad\ndenza/di nullit\u00e0 \u00e8 \ntrascritta nel registro be entered in the Register \neuropeo dei marchi e of European Trade Marks \npubblicata nel Bollet\u00ad and published in the \ntino europeo dei marchi European Trade Mark Journal \n\nlapse/revocation of the \nEuropean trade mark shall \n\nla d\u00e9ch\u00e9ance de la mar\u00ad la decadenza del mar\u00ad\nque europ\u00e9enne pour chio europeo per una \nune partie des produits parte dei prodotti \n113 \u03a4 \n\nlapse of a European trade \nmark for a portion of \nthe goods \n\nla d\u00e9ch\u00e9ance de la \nmarque europ\u00e9enne pour \nrisque de tromperie \ndu public \n112 T \n\nla decadenza del mar\u00ad lapse of a European trade \nchio europeo per peri\u00ad mark because of danger \ncolo di inganno of confusion \n\nl'action en d\u00e9ch\u00e9ance \nde la marque europ\u00e9en\u00ad\nne \n54,1 \u00ad 128,1 \u00ad 159,2 \n\nl'azione di decadenza claim for the declaration \ndi un marchio europeo/ of lapse/actions for \ndel marchio europeo declaring the lapse of \n\nthe European trade mark \n\n108 \u00ad\n\nPE 64. 907 \n\n\fdie Entscheidung \u00fcber \ndie Klage wegen Ver= \nletzung der europ\u00e4ischen \nMarke \n\ndas Verfahren wegen Ver= \nletzung einer euro= \np\u00e4ischen Marke/der euro= \np\u00e4ischen Marke \n\nde beslissing over de \nvordering inzake inbreuk \nop het Europese merk \n\nafg\u00f8relse af s\u00f8gsm\u00e5let om \nkr\u00e6nkelse af det europ\u00e6iske \nvarem\u00e6rke \n\n163 - 163 \n\nde procedure inzake in \nbreuk op een Europees \nmerk \n\ns\u00f8gsm\u00e5l om kr\u00e6nkelse af \net europ\u00e6isk varem\u00e6rke/ \neurop\u00e6isle varem\u00e6rker \n\ndas Verfahren wegen Ver= de procedure inzake in-\nletzung der europ\u00e4ischen breuk op het Europese \nMarke aussetzen \n\nmerk schorsen \n\nuds\u00e6tte s\u00f8gsm\u00e5let om kr\u00e6n= \nkelse af det europ\u00e6iske \nvarem\u00e6rke \n\nder Verfall der euro= \np\u00e4ischen Marke \n\nhet verval van het Euro \npese merk \n\nfortabelse af europ\u00e6iske \nvarem\u00e6rker \n\nder Verfall der euro= \np\u00e4ischen Marke wegen \nNichtbenutzung \n\nhet verval van het Euro- fortabelse af europ\u00e6iske \npese merk door niet-ge- varem\u00e6rker p\u00e5 grund af \nbruik \n\nundladt brug \n\nder Verfall der euro= \np\u00e4ischen Marke wegen \nEntwicklung zu einer \ngebr\u00e4uchlichen Benen= \nnung \n\nhet verval van het Euro \npese merk doordat het \neen gebruikelijke be \nnaming is geworden \n\nfortabelse af europ\u00e6iske \nvarem\u00e6rker ved disses over= \ngang til almindelige vare= \nbetegnelser \n\nder Verfall/die Nichtig= \nkeit der europ\u00e4ischen \nMarke wird in das euro= \np\u00e4ische Markenregister \neingetragen und im \nEurop\u00e4ischen Marken= \nblatt bekannt gemacht \n\nhet verval/de nietig \nheid van het Europese \nmerk wordt in het Euro \npese merkenregister in \ngeschreven en in het \nEuropese merkenblad be \nkend gemaakt \n\nfor tabe1sen/ugyId ighe den \naf det europ\u00e6iske vare= \nm\u00e6rke registreres i det \neurop\u00e6iske varem\u00e6rkeregister \nog bekendtg\u00f8res i Den \neurop\u00e6iske Registrerings= \ntidende for Vare- og F\u00e6lles= \nm\u00e6rker \n\nder Verfall der euro= \np\u00e4ischen Marke f\u00fcr einen \nTeil der Waren \n\nhet verval van het Euro \npese merk voor een deel \nvan de waren \n\nfortabelse af europ\u00e6iske \nvarem\u00e6rker for s\u00e5 vidt \nang\u00e5r en del af varerne \n\nder Verfall der euro= \np\u00e4ischen Marke wegen \nT\u00e4uschungsge fahr \n\nhet verval van het Euro- fortabelse af varem\u00e6rker \npese merk wegens gevaar \np\u00e5 grund af vildledning \nvoor misleiding van het af publikum \npubliek \n\ndie Klage auf Erkl\u00e4rung \ndes Verfalls einer euro= trent het verval van een \np\u00e4ischen Marke/der euro= Europees merk/van het \np\u00e4ischen Marke \n\nde rechtsvordering om-\n\nEuropese merk \n\ns\u00f8gsm\u00e5l om europ\u00e6iske \nvarem\u00e6rkers fortabelse/ \nfortabelse af det euro= \np\u00e6iske varem\u00e6rke \ns\u00f8gsm\u00e5l, hvorved euro= \np\u00e6iske varem\u00e6rker s\u00f8ges \nkendt fortabt \n\n- 109 \n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nl'action en d\u00e9ch\u00e9ance l'azione di decadenza \nou en nullit\u00e9 de la \no di nullit\u00e0 del mar-\nmarque europ\u00e9enne/d'une chio europeo/di un \nmarque nationale \n54,1 - 128,1 - 159,2 -\n162,10 \n\nmarchio nazionale \n\nl'action en d\u00e9ch\u00e9ance \nou en nullit\u00e9 de la \nmarque europ\u00e9enne fait \nl'objet d'une d\u00e9cision \ndevenue d\u00e9finitive \n159,2 \n\nla decisione relativa' \nall'azione di decaden \nza o di nullit\u00e0 del \nmarchio europeo e di \nvenuta definitiva \n\nintenter une action \nen d\u00e9ch\u00e9ance ou en nul- decadenza o di nulli-\nlit\u00e9 de la marque euro\u2014 ta del marchio europeo \np\u00e9enne \n129,1 - 159,1 \n\nproporre un'azione di \n\nclaim/action for the \ndeclaration of lapse or \nrevocation of the Euro \npean trade mark \nactions for declaring the \nlapse or revocation of \na national trade mark \n\na decision on the claim \nfor lapse or revocation \nof the European trade \nmark has become final \n\nto file an application \nfor revocation or de \nclaration of lapse of \na European trade mark \nto file a claim for the \ndeclaration of lapse \nor revocation of the \nEuropean trade mark \n\nr\u00e9server des actions \nen d\u00e9ch\u00e9ance ou en nul \nlit\u00e9 de la marque euro \np\u00e9enne a un tribunal \nnational comp\u00e9tent ra \ntione materiae \n128,3 - 156, 2 \n\nto refer/remit actions \nfor declaration of lapse \n\nrelativamente alle \nazioni di decadenza \no di nullit\u00e0 del mar- or revocation of the \nchio europeo, attri- European trade mark to \nbuire la competenza a national court, compe-\nad un'autorit\u00e0 giudi- tent ratione materiae \nziaria nazionale com \npetente per materia \nattribuire ad un'auto \nrit\u00e0 giudiziaria na \nzionale competente per \nmateria la competenza \nper le azioni di deca \ndenza o di nullit\u00e0 del \nmarchio europeo \n\nstatuer en premiere \ninstance sur une ac \ntion en d\u00e9ch\u00e9ance ou \nen nullit\u00e9 d'une mar \nque europ\u00e9enne \n132,1 \n\nla d\u00e9cision devenue \nd\u00e9finitive par laquel \nle il a \u00e9t\u00e9 statu\u00e9 sur \nl'action en d\u00e9ch\u00e9ance \nou en nullit\u00e9 de la \nmarque europ\u00e9enne \n159,5 \n\npronunciarsi in prima \nistanza sull'azione di \ndecadenza o di nullit\u00e0 \ndi un marchio europeo \n\nto rule in the first \ninstance on an applica \ntion for declaration of \nlapse or revocation of \na European trade mark \n\nla decisione definiti- final decision on the \nva relativa all'azione \nclaim for the declara \ndi decadenza o di nul \ntion of lapse or revo \nlit! del marchio euro \ncation of the European \npeo \ntrade mark \n\nl'action reconvention- l'azione riconvenzio- counter-claim for declara-\nnelle en d\u00e9ch\u00e9ance ou naie di decadenza o \nen nullit\u00e9 de la mar- di nullit\u00e0 del marchio tion of the/a European \nque europ\u00e9enne \n158 - 159 T - 159,1,2,5 \n\ntion of lapse or revoca-\n\ntrade mark \n\neuropeo \n\n- 110 -\n\nPE 64. 907 \n\n\fdie Klage auf Erkl\u00e4rung \ndes Verfalls oder der \nNichtigkeit der euro= \np\u00e4ischen Marke/einer \nnationalen Marke \n\nde vordering tot ver \nvallenverklaring of tot \nnietigverklaring van het \nEuropese merk/van een \nnationaal merk \n\n163 163 \n\ns\u00f8gsm\u00e5l om europ\u00e6iske \nvarem\u00e6rkers fortabelse \neller ugyldighed/for= \ntabelse eller ugyldighed \naf det europ\u00e6iske vare= \nm\u00e6rke/et national varem\u00e6rke \n\neine rechtskr\u00e4ftige Ent= \nScheidung \u00fcber die Klage \nauf Erkl\u00e4rung des Ver= \nfalls oder der Nichtig= \nkeit der europ\u00e4ischen \nMarke \n\nover de vordering tot \nvervallenverklaring of \ntot nietigverklaring \nvan het Europese merk \nis een onherroepelijke \nbeslissing gegeven \n\nendelig afg\u00f8relse af \ns\u00f8gsm\u00e5let om fortabelse \neller ugyldighed af det \neurop\u00e6iske varem\u00e6rke \n\neine Klage auf Erkl\u00e4rung \ndes Verfalls oder der \nNichtigkeit der euro= \np\u00e4ischen Marke erheben \n\neen vordering tot verval \nlenverklaring of tot nie \ntigverklaring van het \nEuropese merk instellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l hvorved \neurop\u00e6iske varem\u00e6rker \ns\u00f8ges kendt fortabt \neller ugyldige \n\nKlagen auf Erkl\u00e4rung \ndes Verfalls oder der \nNichtigkeit der euro= \np\u00e4ischen Marke einem \nsachlich zust\u00e4ndigen \nnationalen Gericht zu= \nweisen \n\n- de rechtsmacht ten aan \nzien van vorderingen \ntot vervallenverklaring \nof tot nietigverklaring \nvan het Europese merk \naan een nationale ab-^ \nsoluut bevoegde rechter \nlijke instantie voorbe \nhouden \n\nhenl\u00e6gge s\u00f8gsm\u00e5l, hvorved \neurop\u00e6iske varem\u00e6rker \ns\u00f8ges kendt fortabt eller \nugyldige, til en kompetent \nnational domstol \n\n- de vorderingen tot ver= \nvallenverklaring of tot \nnietigverklaring van \nhet Europese merk aan \neen nationale rechter \nlijke instantie die ab \nsoluut bevoegd is voor \nbehouden \n\n\u00fcber eine Klage auf Er= \nkl\u00e4rung des Verfalls \noder der Nichtigkeit \neiner europ\u00e4ischen \nMarke in erster Instanz \nentscheiden \n\nin eerste aanleg beslis \nsen over een vordering \ntot vervallenverklaring \nof tot nietigverklaring \nvan een Europees merk \n\ni f\u00f8rste instans afg\u00f8re \net s\u00f8gsm\u00e5l om fortabelse \neller ugyldighed af et \neurop\u00e6isk varem\u00e6rke \n\ndie rechtskr\u00e4ftige Ent= \nScheidung \u00fcber die Kla= \nge auf Erkl\u00e4rung des \nVerfalls oder der Nich= \ntigkeit der europ\u00e4ischen \nMarke \n\nden endelige afg\u00f8relse af \n\nde onherroepelijke be- \nslissing over de vorde- s\u00f8gsm\u00e5let om fortabelse \nring tot vervallenver- \neller ugyldighed af det \nklaring of tot nietigver- europ\u00e6iske varem\u00e6rke \nklaring van het Europese \nmerk \n\ndie Widerklage auf Er= \nkl\u00e4rung des Verfalls \noder der Nichtigkeit \nder europ\u00e4ischen Marke \n\nde eis/de vordering in \nreconventie tot verval \nlenverklaring of tot \nnietigverklaring van \nhet Europese merk \n\net kontras\u00f8gsm\u00e5l, hvorved \ndet europ\u00e6iske varem\u00e6rke \ns\u00f8ges kendt fortabt eller \nugyldigt/om fortabelse el= \n1er ugyldighed af det euro= \np\u00e6iske varem\u00e6rke \nkontras\u00f8gsm\u00e5l om fortabelse \neller ugyldighed af euro= \np\u00e6iske varem\u00e6rker \n\n111 -\n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nn'admettre qu'en pre- ammettere soltanto in \nmi\u00e8re instance l'action prima istanza l'azione \nreconventionnelle en \nriconvenzionale di de-\nd\u00e9ch\u00e9ance ou en nullit\u00e9 cadenza o di nullit\u00e0 \nde la marque europ\u00e9enne del marchio europeo \n159,1 \n\nto admit only in the \nfirst instance a counter \nclaim for the declaration \nof lapse or revocation \nof the European trade mark \n\nintenter une action \nreconventionnelle en \nd\u00e9ch\u00e9ance ou en nulli \nt\u00e9 de la marque euro \np\u00e9enne \n158 - 159,2 \n\nproporre un'azione ri-\nconvenzionale di deca*-\ndenza o di nullit\u00e0 del \nmarchio europeo \n\nto file a counter-claim \nfor declaration of lapse \nor revocation of the \nEuropean trade mark \n\nles conditions pour la i motivi di decadenza \nd\u00e9ch\u00e9ance de la marque del marchio europeo \neurop\u00e9enne \n113 \n\nprovisions for the \nlapse of the European \ntrade mark \n\nla constatation de la \ndate de la d\u00e9ch\u00e9ance \nde la marque europ\u00e9en \nne \n131 T \n\nles effets de la d\u00e9 \nch\u00e9ance <dc la marque \neurop\u00e9enne) \n114 T \n\nadmettre 1'exception \nde d\u00e9ch\u00e9ance ou de \nnullit\u00e9 de la marque \neurop\u00e9enne \n158 \n\nla constatazione della \ndata di decadenza del \nmarchio europeo \n\ndetermination of the \ndate of lapse of the \nEuropean trade mark \n\ngli effetti della deca- effect of the lapse \ndenza \n\n(of the European \ntrade mark) \n\nammettere l'eccezione \ndi decadenza o di nul \nlit\u00e0 del marchio euro \npeo \n\nto admit counter-claims \nfor lapse or revocation \nof the European trade mark \n\ninvoquer la d\u00e9ch\u00e9ance eccepire la decadenza \nde la marque europ\u00e9en- del marchio europeo \nne \n158 \n\nto question the lapse \nof the European trade \nmark \n\nla proc\u00e9dure en d\u00e9ch\u00e9 \nance ou en nullit\u00e9 de \nla marque europ\u00e9enne \nchap. VI, 5\u00e8 sec. -147,2 \n\nprononcer la d\u00e9ch\u00e9ance \nou la nullit\u00e9 d'une \nmarque europ\u00e9enne/de \nla marque europ\u00e9enne \n127,1 - 129,1a \n\nil procedimento per \nla decadenza o la \nnullit\u00e0 del marchio \neuropeo \nla procedura di de \ncadenza o di nullit\u00e0 \ndel marchio europeo \n\npronunciare la deca \ndenza o la nullit\u00e0 \ndi un marchio euro \npeo \nla pronuncia di deca \ndenza o di nullit\u00e0 \ndel marchio europeo \n\nprocedure for declaring/ \nproceedings for the de \nclaration of lapse or \nrevocation of the Euro \npean trade mark \n\nto declare a European \ntrade mark lapsed or \nrevoked \ndeclaration of lapse \nor revocation IpE a \nEuropean trade mark) \n\n- 112 \n\nPE 64. 907 \n\n\feine Widerklage auf Er= \nkl\u00e4rung des Verfalls \noder der Nichtigkeit \nder europ\u00e4ischen Marke \nist nur in erster In= \nstanz zul\u00e4ssig \n\neen vordering in recon \nventie tot vervallenver \nklaring of tot nietig= \nverklaring is slechts in \neerste aanleg ontvanke \nlijk \n\nkun i f\u00f8rste instans til= \nlade et kontras\u00f8gsm\u00e5l, \nhvorved det europ\u00e6iske \nvarem\u00e6rke s\u00f8ges kendt \nfortabt eller ugyldigt \n\n163 163 \n\n- durch eine Widerklage \nauf Erkl\u00e4rung des Ver= \nfalls oder der Nich= \ntigkeit der europai= \nsehen Marke \n\n- Widerklage auf Erkl\u00e4= \n\nrung des Verfalls oder \nder Nichtigkeit der \neurop\u00e4ischen Marke er= \nheben \n\n- door een eis in recon \nventie tot vervallen \nverklaring van het \nEuropese merk \n\n- een vordering in recon \nventie tot vervallen \nverklaring of tot nie \ntigverklaring van het \nEuropese merk instellen. gennem et kontras\u00f8gs= \nm\u00e5l, hvorved det euro= \np\u00e6iske varem\u00e6rke s\u00f8ges kendt \nfortabt eller ugyldigt/ om \nfortabelse eller ugyldig= \nhed af det europ\u00e6iske vare= \nm\u00e6rke \n\ndie Voraussetzungen des de gevallen waarin het \nVerfalls der europ\u00e4ischen Europese merk vervalt \nMarke \n\nbetingelser for fortabelse \naf det europ\u00e6iske varem\u00e6rke \n\ndie Feststellung des \nZeitpunkts des Verfalls \nder europ\u00e4ischen Marke \n\nde vaststelling van het \ntijdstip van het verval \nvan het Europese merk \n\nkonstatering af tids= \npunktet for europ\u00e6iske \nvarem\u00e6rkers fortabelse \n\ndie Wirkung des Verfalls de rechtsgevolgen van \n\nhet verval \n\nfortabelsens retsvirkning \n(europ\u00e6iske varem\u00e6rker) \n\ndie Einrede des Verfalls \noder der Nichtigkeit \nder europ\u00e4ischen Marke \nist zul\u00e4ssig \n\nde exceptie van verval \nof nietigheid van een \nEuropees merk toelaten \n\nkunne fremkomme med \nindsigelse g\u00e5ende ud p\u00e5 \nfortabelse eller ugyldig= \nhed af det europ\u00e6iske \nvarem\u00e6rke \n\nden Verfall der euro= \np\u00e4ischen Marke geltend \nmachen \n\neen beroep op het ver \nval van het Europese \nmerk doen \n\np\u00e5ber\u00e5be sig fortabelsen \naf det europ\u00e6iske vare= \nm\u00e6rke \n\ndas Verfahren zur Er= \nkl\u00e4rung des Verfalls \noder der Nichtigkeit \nder europ\u00e4ischen Marke \n\neine europ\u00e4ische \nMarke f\u00fcr verfallen \noder f\u00fcr nichtig er= \nkl\u00e4ren \ndie Erkl\u00e4rung des Ver= \nfalls oder der Nich= \ntigkeit der europ\u00e4i= \nsehen Marke \n\nde procedure inzake \nde vervallenverklaring \nof nietigverklaring \nvan het Europese merk \nde vervallenverklaring \nof de nietigverklaring \nvan het Europese merk \n\neen Europees merk ver \nvallen of nietig ver \nklaren \nde vervallenverklaring \nof nietigverklaring \nvan het Europese merk \n\ns\u00f8gsm\u00e5l/procedure vedr\u00f8= \nrende kendelse om forta= \nbelse eller ugyldighed af \ndet europ\u00e6iske varem\u00e6rke \n\nkende et europ\u00e6isk vare= \nm\u00e6rke/varem\u00e6rket fortabt \neller ugyldigt \n\n- 113 -\n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nle recours en d\u00e9ch\u00e9ance il ricorso per decaden- claim for declaring a \nde la marque europ\u00e9enne za del marchio europeo lapse of the European \n110,4 \n\ntrade mark \n\nformer un recours en \nd\u00e9ch\u00e9ance de la marque \neurop\u00e9enne \n110,4 \n\nfaire valoir la d\u00e9 \nch\u00e9ance d'une marque \neurop\u00e9enne \n110,4 \n\nla d\u00e9cision constatant \nla d\u00e9ch\u00e9ance totale ou \npartielle (de la mar \nque europ\u00e9enne) \n114,1 \n\nla demande de marque \neurop\u00e9enne \n5,2-2\u00e8 v. -23,6-58,a-\n63-65,1,2,3-87,1-100,1 \n101,2a \n\nd\u00e9poser des demandes \nde marques europ\u00e9ennes \n29,2-33,2-61,3-63-64 \n\nproporre un ricorso \nper decadenza del mar \nchio europeo \n\nto make a claim for \ndeclaring a lapse of \nthe European trade mark \n\nfar valere la decadenza to claim the lapse of \ndi un marchio europeo a European trade mark \n\nla pronuncia di deca- decision as regards \ndenza totale o parzia- total or partial lapse \nle del marchio europeo of the European trade \n\nmark \n\nla domanda di marchio \neuropeo \n\napplication for a \nEuropean trade mark \n\ndepositare domande di \nmarchio europeo \n\nto file applications for \nEuropean trade marks \n\nle d\u00e9p\u00f4t de la demande \nde marque europ\u00e9enne \n63 T - 68,2,7-69,1 \n\nil deposito della do \nmanda di marchio euro \npeo \n\nfiling of the application \n(for a European trade \nmark) \n\na compter du jour du \nd\u00e9p\u00f4t de la demande \n(de marque europ\u00e9enne) \n21 \n\na partire dalla data \ndi deposito della \ndomanda \n\nfrom the date of filing \nthe application (for a \nEuropean trade mark) \n\nle dossier de demande \nde marque europ\u00e9enne \n61,2 \n\nil fascicolo delle \ndomande di marchio \neuropeo \n\nfiles of applications \nfor European trade marks \n\nle dossier relatif a \nla demande de marque \neurop\u00e9enne \n147,1 \n\nil fascicolo relativo file relating to the \nalla domanda di marchio application for a European \neuropeo \n\ntrade mark \n\ncommuniquer le dossier \nrelatif \u00e0 la demande \nde marque europ\u00e9enne \n147,1 \n\nconsultare il fascico \nlo relativo alla do \nmanda di marchio euro \npeo \n\nto make the file relating \nto the application for a \nEuropean trade mark available \n\nles droits conf\u00e9r\u00e9s \npar la marque euro \np\u00e9enne \n147,1 \n\ni diritti conferiti \ndal marchio europeo \n\nrights arising from the \n(European) trade mark \n\n- 114 -\n\nPE 64. 907 \n\n\fdie Klage auf Erkl\u00e4rung \ndes Verfalls der euro= \np\u00e4ischen Marke \n\nher verzoek tot verval \nlenverklaring van het \nEuropese merk \n\nklage med p\u00e5stand om \nkendelse om fortabelse \naf det europ\u00e6iske varem\u00e6rke \n\neine Klage auf Erkl\u00e4rung \ndes Verfalls der euro= \np\u00e4ischen Marke erheben \n\neen verzoek tot verval \nlenverklaring van het \nEuropese merk indienen \n\nindgive klage med p\u00e5stand \nom kendelse om fortabelse \naf det europ\u00e6iske vare= \nm\u00e6rke \n\n163 163 \n\nden Verfall einer euro= het verval van een \np\u00e4ischen Marke geltend \nmachen \n\nEuropees merk inroepen \n\np\u00e5ber\u00e5be fortabelsen af \net europ\u00e6isk varem\u00e6rke \n\ndie Entscheidung, durch de beslissing, waarbij \ndie die europ\u00e4ische Marke het Europese merk geheel \nganz oder teilweise f\u00fcr of gedeeltelijk verval-\nver fallen erkl\u00e4rt wird \n\nlen is verklaard \n\nendelig kendelse om, at \net europ\u00e6isk varem\u00e6rke \ner helt eller delvis \nfortabt \n\ndie europ\u00e4ische Marken= \nanmeldung \n\n- de aanvrage om/tot \n\ninschrijving van een \nEuropese merk \n\n- de Europese merkaan-\n\nvrage \n\nanmeldelse af et europ\u00e6isk \nvarem\u00e6rke \n\neurop\u00e4ische Markenan= \nmeidungen einreichen \n\nEuropese merkaanvragen \nindienen \n\nindgive anmeldelse af \neurop\u00e6iske varem\u00e6rker \n\ndie Einreichung der \neurop\u00e4ischen Markenan= \nmeldung \n\nde indiening van de Euro- indgivelse/modtagelse/ \npese merkaanvrage \n\nanmeldelse af europ\u00e6iske \nvarem\u00e6rker \n\ngerechnet vom Tag der \nAnmeldung an \n\ngerekend vanaf de dag \nvan indiening van de \naanvrage \n\nregnet fra anmeldelses= \ndagen (europ\u00e6iske vare= \nm\u00e6rker) \n\ndie Akten europ\u00e4ischer \nMarkenanmeldungen \n\nde stukken betreffende \nEuropese merkaanvragen \n\ndie Akten der europ\u00e4= \nischen Markenanmeldung \n\nEinsicht in die Akten \nder europ\u00e4ischen Marken= \nanmeldung gew\u00e4hren \n\nde stukken die op het \nverzoek tot inschrijving \nvan een Europees merk \nbetrekking hebben \n\nde stukken die op het \nverzoek tot inschrijving \nvan een Europees merk \nbetrekking hebben ter \ninzage geven \n\nakter vedr\u00f8rende anmeldel= \nser af europ\u00e6iske vare= \nm\u00e6rker \n\nakterne vedr\u00f8rende anmel= \ndelsen af et europ\u00e6isk \nvarem\u00e6rke \n\nadgang til akterne ved= \nr\u00f8rende et europ\u00e6isk vare= \nm\u00e6rke \n\nRechte aus der euro= \np\u00e4ischen Marke \n\nrechten op grond van \nhet Europese merk \n\nrettigheder i henhold til \ndet europ\u00e6iske varem\u00e6rke \n\n- 115 -\n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nl'examen de la demande l'esame della domanda \nde marque europ\u00e9enne di marchio europeo \n71 \u03a4 \n\nexamination of the \nEuropean trade mark \napplication \n\nexaminer les demandes \nde marque europ\u00e9enne \n50,1 \u00ad 51,1 \n\nles irr\u00e9gularit\u00e9s de \nla demande de marque \neurop\u00e9enne \n101,2a \n\nl'esame delle domande \ndi marchio europeo \n\nexamination of/to deal \nwith applications for \nEuropean trade marks \n\nle irregolarit\u00e0 della \ndomanda di marchio \neuropeo \n\ndeficiencies in the \napplication for a \nEuropean trade mark \n\nla liste de produits la lista di prodotti \nde la demande de marque relativi alla domanda \neurop\u00e9enne di marchio europeo \n96,1 \n\nlist of goods covered \nby the application for \na European trade mark \n\nla modification de la la modificazione del\u00ad\ndemande de marque euro\u2014 la domanda di marchio \np\u00e9enne europeo \n76 \n\namendments of an applica\u00ad\ntion for a European \ntrade mark \n\nla notification de la la notificazione della notifications of the \ndemande de marque euro\u00ad domanda di marchio application (for a \np\u00e9enne europeo European trade mark) \n74 T \n\n1'opposition contre \nla demande de marque \neurop\u00e9enne \nchap. IV, 2\u00e8 sec. \u00ad 81 \n\nl'opposizione alla \ndomanda di marchio \neuropeo/contro la do\u00ad\nmanda di marchio \neuropeo \n\nopposition to the/an \napplication for a \nEuropean trade mark \n\nformer opposition con\u00ad\ntre la demande de mar\u00ad\nque europ\u00e9enne \n120,1b \n\nla publication de la \ndemande de marque \neurop\u00e9enne \n51,2\u00ad77 T\u00ad79,1\u00ad80,1\u00ad\n145,2\u00ad147,1,2 \n\nfare opposizione con\u00ad\ntro la domanda di mar\u00ad\nchio europeo \n\nto file opposition to \nthe application for the \nEuropean trade mark \n\nla pubblicazione del= \nla domanda di marchio \neuropeo \n\nto publish the/publica\u00ad\ntion of an/the applica\u00ad\ntion for the European \ntrade marks \n\npublier la demande \nde marque europ\u00e9enne \n77,3 \u00ad 78,1 \u00ad 102 \n\nla r\u00e9ception des de\u00ad\nmandes de marques \neurop\u00e9ennes \n179 T \n\npubblicare la domanda \ndi marchio europeo \n\nto publish the application \nfor a European trade mark \n\nil deposito delle do\u00ad\nmande di marchio euro\u00ad\npeo \n\nacceptance of application \nfor European marks \n\n\u00ad 116 \n\nPE 64. 907 \n\n\fdie Pr\u00fcfung der euro= \np\u00e4ischen Markenanmeldung \n\nhet onderzoek van de \nEuropese merkaanvrage \n\n163 - 163 \n\ngranskning af anmeldel= \nser af europ\u00e6iske vare= \nm\u00e6rker \n\ndie Pr\u00fcfung/Bearbeitung \neurop\u00e4ischer Markenan= \nmeidungen \n\nde Europese merkaanvra \ngen onderzoeken/be \nhandelen \n\nunders\u00f8gelser/behandling \naf anmeldelser af euro= \np\u00e6iske varem\u00e6rker \n\ndie M\u00e4ngel der euro= \np\u00e4ischen Markenanmel= \ndung \n\nde gebreken van de Euro \npese merkaanvrage \n\nmangler ved anmeldelsen \naf det europ\u00e6iske vare= \nm\u00e6rke \n\ndas Verzeichnis der \nWaren der europ\u00e4ischen \nMarkenanmeldung \n\nde warenlij st van de \nEuropese merkaanvrage \n\nvare fortegnelsen til \nanmeldelsen af det euro= \np\u00e6iske varem\u00e6rke \n\ndie \u00c4nderung der euro= \np\u00e4ischen Markenanmeldung Europese merkaanvrage \n\nde wijziging van de \n\n\u00e6ndringer i anmeldelser \naf europ\u00e6iske varem\u00e6rker \n\ndie Pr\u00fcfungsbescheide \n(der europ\u00e4ischen Mar= \nkenanmeldung) \n\nde mededelingen betref- meddelelse om anmeldelse \nfende het onderzoek \n(van de Europese merkaan \nvrage) \n\naf et europ\u00e6isk varem\u00e6rke \n\ndie Widerspruch gegen \ndie europ\u00e4ische Marken= \nanmeldung \n\nde oppositie tegen de \nEuropese merkaanvrage \neen bezwaar tegen de \nEuropese merkaanvrage \n\nindsigelser mod en an= \nmeldeise af et europ\u00e6isk \nvarem\u00e6rke \n\ngegen die Anmeldung der \neurop\u00e4ischen Marke \nWiderspruch erheben \n\ntegen de Europese merk \naanvrage bezwaar maken \n\nfrems\u00e6tte indsigelse mod \nanmeldelsen af det euro= \np\u00e6iske varem\u00e6rke \n\ndie Bekanntmachung der \neurop\u00e4ischen Marken= \nanmeldung \n\n- de bekendmaking van de bekendtg\u00f8relse af anmel= \naanvrage voor Het Euro- delsen af et europ\u00e6isk \npese merk \n\nvarem\u00e6rke \n\n- de openbaarmaking van \n\nde Europese merkaanvrage \n\n- de openbaarmaking van \n\nde aanvrage tot inschrij \nving van het Europese \nmerk \n\n- de bekendmaking van het \nverzoek tot inschrijving \nvan een Europees merk/ \nvan het Europese merk \n\ndie europ\u00e4ische Marken= \nanmeldung bekanntmachen \n\nde Europese merkaanvrage bekendtg\u00f8relse af anmel= \ndelsen af det europ\u00e6iske \nopenbaar maken/bekend \nvarem\u00e6rke \nmaken \n\ndie Annahme europ\u00e4ischer \nMarkenanmeldungen \n\nde inontvangstneming van \naanvragen tot inschrij-\nwing van Europese merken \n\nmodtagelse af anmeldelser \naf europ\u00e6iske varem\u00e6rker \n\n117 -\n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nrecevoir des demandes ricevere domande di \nde marques europ\u00e9ennes marchio europeo \n179,1 \n\nle rejet de la deman\u00ad il rigetto della doman\u00ad\nde de marque europ\u00e9en\u00ad da di marchio europeo \nne \n74 \u03a4 \u00ad 83 \u03a4 \u00ad 100,2 \n\nto accept applications for \nEuropean marks \n\nrefusal of the application \n(for a European trade \nmark) \nrefusal of an/the applica\u00ad\ntion for a European trade \nmark \n\nrejeter la demande \nde marque europ\u00e9enne \n83,1 \u00ad 101,2b \n\nrespingere la doman\u00ad to refuse the application \nda di marchio europeo for a European trade \nrigettare la domanda mark \ndi marchio europeo \n\nretirer la demande \nde marque europ\u00e9enne \n74,1,2 \u00ad 101,2b \u00ad\n148,2 \n\nritirare la domanda \ndi marchio europeo \nil ritiro della do\u00ad\nmanda di marchio \neuropeo \n\nto withdraw the applica\u00ad\ntion for a European trade \nmark \n\nle retrait de la de\u00ad\nmande de marque euro\u00ad\np\u00e9enne \n100,2 \n\nla transmission des \ndemandes de marque \neurop\u00e9enne \n64 \u03a4 \n\nil ritiro della doman\u00ad\nda di marchio europeo \n\nwithdrawal of the applica\u00ad\ntion for a European trade \nmark \n\nla trasmissione delle \ndomande di marchio \neuropeo \n\nforwarding of applications \nfor European trade marks \n\nles demandes ant\u00e9rieu\u00ad le domande anteriori \nres de marque euro\u00ad\npienne \n12,2 \n\ndi marchi europei \n\nle demandeur d'une \nmarque europ\u00e9enne \n100,1 \u00ad 142,1 \u00ad 143,1 \n\nchi ha presentato \nuna domanda di mar\u00ad\nchio europeo \nil richiedente di un \nmarchio europeo \n\nearlier applications for \na European trade mark \n\napplicant for a European \ntrade mark \n\nacqu\u00e9rir des droits \nsur la marque euro\u00ad\np\u00e9enne \n23,5 \n\nl'acquisition du \ndroit \u00e0 la marque eu\u00ad\nrop\u00e9enne \n10 \u03a4 \n\nla dur\u00e9e de la marque \neurop\u00e9enne \n21 T \n\nacquistare diritti sul to acquire rights in \nmarchio europeo the European trade mark \n\nl'acquisto del dirit\u00ad\nto al marchio europeo \n\nestablishment of rights \nin European trade marks \n\nla durata del marchio \neuropeo \n\nterm of registration(of \nthe European trade mark) \n\nles effets de la mar\u00ad gli effetti del mar\u00ad\nque europ\u00e9enne chio europeo \nCahp. I 3\u00e8me sec. effects of the (European) \ntrade mark \n\n\u00ad 118 \n\nPE 64. 907 \n\n\feurop\u00e4ische Markenan= \nmeidungen entgegennehmen \n\ndie Zur\u00fcckweisung der \neurop\u00e4ischen Markenan= \nmeidung \n\naanvragen tot inschrij \nving van Europese mer= \nken in ontvangst nemen \n\nde afwijzing van de \nEuropese merkaanvrage \n\n163 - 163 \n\nmodtage anmeldelser af \neurop\u00e6iske varem\u00e6rker \n\nafslag p\u00e5/afsl\u00e5 anmel= \ndelser af europ\u00e6iske vare= \nm\u00e6rker \n\ndie europ\u00e4ische Marken= \nanmeldung zur\u00fcckweisen \n\nde Europese merkaanvrage \nafwij zen \n\nafsl\u00e5 anmeldelsen af \ndet europ\u00e6iske varem\u00e6rke \n\ndie europ\u00e4ische Marken= \nanmeldung zur\u00fccknehmen \n\n- de Europese merkaan \n\nvrage intrekken \n- het verzoek tot in \nschrijving van het \nEuropese merk intrekken \n\ntr\u00e6kke anmeldelsen af et \neurop\u00e6isk varem\u00e6rke til= \nbage \n\ndie Zur\u00fccknahme der euro= de intrekking van de \np\u00e4ischen Markenanmeldung Europese merkaanvrage \n\ntr\u00e6kke anmeldelsen af \ndet europ\u00e6iske varem\u00e6rke \ntilbage \n\ndie \u00dcbermittlung der \neurop\u00e4ischen Markenan= \nmeldung \n\nde doorzending van de \nEuropese merkaanvragen \n\nfremsendelse af anmeldelser \naf europ\u00e6iske varem\u00e6rker \n\n\u00e4ltere europ\u00e4ische \nMarkenanmeldungen \n\noudere Europese merk \naanvragen \n\n\u00e6ldre europ\u00e6iske vare= \nm\u00e6rkeanmeldelser \n\nder Anmelder einer euro= de aanvrager van een \np\u00e4ischen Marke \n\nEuropees merk \n\nanmelderen af et euro= \np\u00e6isk varem\u00e6rke \n\nRechte an der europ\u00e4= \nischen Marke erwerben \n\nrechten op het Europese \nmerk verkrijgen \n\nerhverve rettigheder til \ndet europ\u00e6iske varem\u00e6rke \n\ndie Entstehung des \nRechts aus der euro= \np\u00e4ischen Marke \n\nhet ontstaan van het \nrecht op het Europese \nmerk \n\nstiftelse af ret i hen= \nhold til et europ\u00e6isk \nvarem\u00e6rke \n\ndie Dauer der euro= \np\u00e4ischen Marke \n\nde duur van het Europese registreringens varighed \nmerk \n\n(europ\u00e6iske varem\u00e6rker) \n\ndie Wirkungen der euro= \np\u00e4ischen Marke \n\nrechtsgevolgen van het \nEuropese merk \n\nvarem\u00e6rkernes retsvirk= \nninger \n\n119 \n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nl'enregistrement de la la registrazione del \nmarque europ\u00e9enne marchio europeo \n12,1b \u00ad 12,3 \u00ad 79,1 \u00ad 90 \u00ad\n110,1 \u00ad 116,2a \u00ad 117,2 \u00ad\n147,1 \n\nregistration as/for \na European tra de mark \nregistration of the \nEuropean trade mark \n\nl'enregistrement et la \npublication du renou= \nvellement de la marque \neurop\u00e9enne \n107 \u03a4 \n\nla registrazione e la \npubblicazione della \nrinnovazione del mar\u00ad\nchio europeo \n\nregistration and publica\u00ad\ntion of the renewal of \nEuropean trade marks \n\nle certificat d'enre\u00ad\ngistrement de la mar\u00ad\nque europ\u00e9enne \n89 T \n\nla d\u00e9cision relative \na l'enregistrement de \nla marque europ\u00e9enne \n148,2 \n\nl'attestato di regi\u00ad\nstrazione del marchio \neuropeo \n\ncertificate of the \nregistration of the \nEuropean trade mark \n\nla decisione relativa \nalla registrazione \ndel marchio europeo \n\ndecision relating to the \nregistration of the \nEuropean trade mark \n\ndemander l'enregistre\u00ad chiedere la registra\u00ad\nment d'une marque euro\u00ad zione di un marchio \np\u00e9enne europeo \n5J. \u00ad l\u00e0 + 2eme v. to apply for the \nregistration of a \nEuropean trade mark \n\nl'habilitation \u00e0 de\u00ad\nmander l'enregistre\u00ad\nment des marques euro\u00ad\np\u00e9ennes \n5 T \n\nla legittimazione alla \ndomanda di registra\u00ad\nzione dei marchi euro\u00ad\npei \n\npersons entitled to \napply for European \ntrade marks \n\nl'expiration de la la scadenza della re\u00ad\ndur\u00e9e de l'enregistre\u00ad gistrazione del mar\u00ad\ninent de la marque euro\u00ad chio europeo \np\u00e9enne \n105,1 \n\nexpiry of registration \nof the European trade \nmark \n\n1'incontestabilit\u00e9 1'incontestabilit\u00e0 \nlors de l'enregistre\u00ad all'atto della regi\u00ad\nment de la marque euro\u00ad strazione del marchio \np\u00e9enne europeo \n120 \n\nincontestability at the \ntime of registration \nof the European trade \nmark \n\nformer opposition con\u00ad\ntre l'enregistrement \nde la marque europ\u00e9en\u00ad\nne \n12,1,b \u00ad 12,3 \u00ad 79,1 \u00ad\n80,1 \n\nproc\u00e9der \u00e0 l'enregis\u00ad\n\ntrement de la marque \n\neurop\u00e9enne \n87,2 \n\nfare opposizione alla \nregistrazione del mar\u00ad\nchio europeo \n\nto oppose/to lodge oppo\u00ad\nsition against the regi\u00ad\nstration of the European \ntrade mark \n\nprocedere alla regi\u00ad\nstrazione del marchio \neuropeo \n\nto proceed to register \nthe European trade mark \n\n\u00ad 120 \u00ad\n\nPE 64. 907 \n\n\fdie Eintragung der \neurop\u00e4ischen Marke \n\nde inschrijving van het \nEuropese merk \n\n163 163 \n\nregistrering af det euro= \np\u00e6iske varem\u00e6rke/som euro= \np\u00e6isk varem\u00e6rke \nvarem\u00e6rkets/det europ\u00e6iske \nvarem\u00e6rkes registrering \n\ndie Eintragung und die \nVer\u00f6ffentlichung der \nVerl\u00e4ngerung der euro= \np\u00e4ischen Marke \n\nde inschrijving en de \nopenbaarmaking van de \nvernieuwing van het \nEuropese merk \n\nregistrering og bekendt= \ng\u00f8reise af fornyelser af \neurop\u00e6iske varem\u00e6rker \n\ndie Urkunde \u00fcber die \nEintragung der euro= \np\u00e4ischen Marke \n\nhet bewijs van inschrij \nving van het Europese \nmerk \n\nregistreringsbevis for \neurop\u00e6iske varem\u00e6rker \n\ndie Entscheidung \u00fcber \ndie Eintragung der \neurop\u00e4ischen Marke \n\nde beslissing betreffende afg\u00f8relse om registrering af \nde inschrijving van het det europ\u00e6iske varem\u00e6rke \nEuropese merk \n\ndie Eintragung einer \neurop\u00e4ischen Marke be= \nantragen \n\nde inschrijving van een \nEuropese merk aanvragen \n\nbeg\u00e6re registrering af \net europ\u00e6isk varem\u00e6rke \n\ndas Recht zur Einrei= \nchung europ\u00e4ischer Mar= \nkenanmeldungen \n\nde bevoegdheid tot het \naanvragen van inschrij \nving van Europese mer \nken \n\nretten t\u00ed. 1 anmeldelse af \neurop\u00e6iske varem\u00e6rker \n\nder Ablauf der Dauer \nder Eintragung der euro= \np\u00e4ischen Marke \n\nde afloop van de gel \ndigheidsduur van de in \nschrijving van het Eu= \nropese merk \n\nudl\u00f8bet af registrerings= \nperioden for det euro= \np\u00e6iske varem\u00e6rke \n\ndie Unanfechtbarkeit zum de onaantastbaarheid \nZeitpunkt der Eintragung van het Europese merk op \nder europ\u00e4ischen Marke \n\nhet tijdstip van de in \nschrijving \n\nuanf\u00e6gtelighed p\u00e5 tidspunk= \ntet for det europ\u00e6iske \nvarem\u00e6rkes registrering \n\ngegen die Eintragung \nder europ\u00e4ischen Marke \nWiderspruch erheben \n\ntegen de inschrijving \nvan het Europese merk be \nzwaar maken \n\ng\u00f8re/frems\u00e6tte indsigelse(r) \nmod registreringen af et \neurop\u00e6isk varem\u00e6rke \n\ndie Eintragung der \neurop\u00e4ischen Marke ver= \nf\u00fcgen \n\ntot inschrijving van \nhet Europese merk over \ngaan \n\nbeslutte registreringen \naf det europ\u00e6iske vare= \nm\u00e6rke \n\n121 \n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \nla proc\u00e9dure d'enre \ngistrement d'une mar \nque europ\u00e9enne/de la \nmarque europ\u00e9enne \n139,1 - 147,2 - 148,1 \n\nil procedimento per la \nregistrazione di un \nmarchio europeo/del \nmarchio europeo \n\nproceedings for the \nregistration of the/ \na European trade mark \n\ncommuniquer la partie \ndu dossier directement \nrelative a la proc\u00e9 \ndure d'enregistrement \nde la marque europ\u00e9en \nne \n147,2 \n\nconsultare i documenti to inspect that portion \ndel fascicolo relativo' of the file which refers \nalla procedura di re- directly to the proceed-\ngistrazione del marchio ings for the registration \neuropeo \n\nof the European trade \nmark \n\nla publication de l'en- la pubblicazione del-\nregistrement de la mar- la registrazione del \nque europ\u00e9enne \n58,a \n\nmarchio europeo \n\nto publish the registra \ntion of the European \ntrade mark \n\nla requ\u00eate en enregis- l'istanza per la re-\ntrement d'une marque gistrazione di un \n\neurop\u00e9enne \n65,1 \n\nmarchio europeo \n\nrequest for the registra= \ntion of a European trade \nmark \n\nla transformation de \n1'enregistrement d'une registrazione di un \nmarque europ\u00e9enne en \ndemande nationale \nchap. VI, 4eme sec. marchio europeo in \ndomanda nazionale \n\ntion of a European trade \nmark into a national trade \nmark application \n\nla trasformazione delle conversion of the registra-\n\nenregistrer la marque \neurop\u00e9enne \n3 \n\nl'extinction de la \nmarque europ\u00e9enne \nchap. VI, le sec. -\n108,2,3 \n\nles causes de l'ex \ntinction de la marque \neurop\u00e9enne \n108 \n\n1'incontestabilit\u00e9 de \nla marque europ\u00e9enne \n124,2 \n\nune l\u00e9gende explicati \nve de la marque euro \np\u00e9enne \n65,1 \n\nla licence de la mar \nque europ\u00e9enne \n24 T \n\nregistrare il marchio \neuropeo \n\nto register a European \ntrade mark \n\nl'estinzione del mar \nchio europeo \n\n- surrender of European \n\ntrade marks \n\n- lapse of a European \n\ntrade mark \n\nle cause di estinzio- reasons for the lapse of \nne del marchio europeo European trade marks \n\nl'incontestabilit\u00e0 del incontestability of the \nmarchio europeo \n\nEuropean trade mark \n\nuna nota esplicativa \ndel marchio europeo \n\ndescription of the \nEuropean trade mark \n\nla licenza di marchio licensing of a European \neuropeo \n\ntrade mark \n\n- 122 -\n\nPE 64. 907 \n\n\fdas Verfahren zur Ein= \ntragung einer/der euro= \np\u00e4ischen Marke \n\nde procedure over de in \nschrijving van een Euro \npees merk/de procedure \nvan de inschrijving van \nhet Europese merk/de pro \ncedure tot inschrijving \nvan een Europees merk \n\n163 - 163 \n\nregistrering af et \neurop\u00e6isk varem\u00e6rke \nregistreringsproceduren \nvedr\u00f8rende det euro= \np\u00e6iske varem\u00e6rke/euro= \np\u00e6iske varem\u00e6rker \n\nEinsicht in den Teil \nder Akten gew\u00e4hren, \nder sich unmittelbar \nauf das Verfahren zur \nEintragung der euro= \np\u00e4ischen Marke bezieht \n\ninzage verstrekken van \nhet deel van het dossier \ndat rechtstreeks betrek \nking heeft op de proce \ndure van de inschrijving \nvan het Europese merk \n\nhave adgang til den del \naf akterne, som direkte \nang\u00e5r registreringspro= \nceduren vedr\u00f8rende det \neurp\u00e6iske varem\u00e6rke \n\ndie Bekanntmachung der \nEintragung der euro= \np\u00e4ischen Marke \n\nde publikatie van de \ninschrijving van het \nEuropese merk \n\nbekandtg\u00f8relsen om regi= \nstreringen af det euro= \np\u00e6iske varem\u00e6rke \n\nder Antrag auf Eintra= \ngung der europ\u00e4ischen \nMarke \n\nhet verzoek tot inschrij- anmodning om registrering \naf et europ\u00e6isk varem\u00e6rke \nving van een Europese \nmerk \n\ndie Umwandlung der Eintra= \ngung einer europ\u00e4ischen \nMarke in eine natio= \nnaie Markenanmeldung \n\nde omzetting van de in \nschrijving van een Euro \npees merk in een natio \nnale aanvrage van het \nmerk \n\neurop\u00e6iske varem\u00e6rkere= \ngistrerings overgang til \nnational varem\u00e6rkeanmel= \nde Ise \n\ndie europ\u00e4ische Marke \neintragen \n\nhet Europese merk \ninschrijven \n\nregistrere et europ\u00e6isk \nvarem\u00e6rke \n\ndas Erl\u00f6schen der euro= \np\u00e4ischen Marke \n\n- het einde van het \n\nEuropese merk \n\n- het eindigen van het \n\nEuropese merk \n\n- de be\u00ebindiging van het \n\nEuropese merk \n\ndet europ\u00e6iske varem\u00e6rkes \noph\u00f8r \n\ndie Gr\u00fcnde f\u00fcr das Er= \nl\u00f6schen der europ\u00e4ischen \nMarke \n\nde gronden voor het ein \ndigen van het Europese \nmerk \n\noph\u00f8rsgrunde (i forbindelse \nmed) et europ\u00e6isk varem\u00e6rke \n\ndie Unanfechtbarkeit \nder europ\u00e4ischen Marke \n\nde onaantastbaarheid \nvan het Europese merk \n\nde europ\u00e6iske varem\u00e6rkes \nuanf\u00e6gtelighed \n\neine Beschreibung der \neurop\u00e4ischen Marke \n\neen beschrijving van het en beskrivelse af det \nEuropese merk \n\neurop\u00e6iske varem\u00e6rke \n\ndie Lizenz an der \neurop\u00e4ischen Marke \n\nde licentie op het Euro\u2014 licens til et europ\u00e6isk \npese merk \n\nvarem\u00e6rke \n\n- 123 -\n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nla modification de la modificazione del \nla marque europ\u00e9enne marchio europeo \n22 \u03a4 \n\namendment of a European \ntrade mark \n\nune notification rela\u00ad una notificazione rela\u00ad communication concerning \ntive a la marque euro\u00ad tiva al marchio europeo the European trade mark \np\u00e9enne \n154,2 \n\nla notion de la marque la nozione di marchio \neurop\u00e9enne europeo \n8 \u03a4 \n\ndefinition of the \nEuropean trade mark \n\nd\u00e9clarer nulle la \nmarque europ\u00e9enne \n115 \u00ad 116,1 \u00ad 117,1 \n\nla nullit\u00e9 de la mar\u00ad\nque europ\u00e9enne \nchap. VI, 3\u00e8 sec. \u00ad\n118 \u03a4 \n\nla nullit\u00e9 de la mar\u00ad\nque europ\u00e9enne pour \natteinte \u00e0 la person\u00ad\nnalit\u00e9 \n117 T \n\ndichiarare nullo il \nmarchio europeo \n\nto revoke the European \ntrade mark \n\nla nullit\u00e0 del marchio \neuropeo \n\nrevocation of the \nEuropean trade mark \n\nla nullit\u00e0 del marchio \neuropeo per lesione \ndella personalit\u00e0 \n\nrevocation of the \nEuropean trade mark \nbecause of infringement \nof personal rights \n\nla nullit\u00e9 de la mar\u00ad la nullit\u00e0 del marchio revocation of the \nque europ\u00e9enne pour des europeo per motivi as\u00ad European trade mark \nmotifs de refus absolus soluti di rifiuto because of the absolute \n115 obstacles to registration \n\nla nullit\u00e9 de la mar\u00ad la nullit\u00e0 del marchio \nque europ\u00e9enne pour europeo per una parte \nune partie des produits dei prodotti \n118 \u03a4 \n\nrevocation of the European \ntrade mark for a portion \nof the goods \n\nla nullit\u00e9 de la marque la nullit\u00e0 del marchio \neurop\u00e9enne r\u00e9sultant europeo per l'esisten\u00ad\ndes marques ou d'au\u00ad za di marchi o di al\u00ad\ntres droits ant\u00e9rieurs tri diritti anteriori \n116 \u03a4 \n\nrevocation of the European \ntrade mark because of \nprior trade marks or \nother prior rights \n\nl'action en nullit\u00e9 \nd'une marque europ\u00e9en\u00ad\nne/de la marque euro\u00ad\np\u00e9enne \n54. 1 \u00ad 121,2 \u00ad 159,2 \n162,10 \n\nl'azione di nullit\u00e0 \ndi un marchio europeo/ \ndel marchio europeo \n\napplication for revoca\u00ad\ntion (of the European \ntrade mark) \nclaim for declaration \nof revocation of European \ntrade mark \n\nintenter une action \nen nullit\u00e9/intenter \nune action en nullit\u00e9 \nde la marque europ\u00e9en\u00ad\nne \n121,2,3 \n\nproporre un'azione di \nnullit\u00e0/proporre azio^ \nne di nullit\u00e0 del mar\u00ad\nchio europeo \n\n\u00ad to file an application \n\nfor revocation \n\n\u00ad to file a claim for \n\ndeclaration of revoca\u00ad\ntion of the European \ntrade mark \n\n124 \u00ad\n\nPE 64. 907 \n\n\fdie Anderung der euro= \np\u00e4ischen Marke \n\nde wijziging van het \nEuropese merk \n\n\u00e6ndring af det europ\u00e6iske \nvarem\u00e6rke \n\n163 163 \n\neine Zustellung, die \nsich auf die europ\u00e4ische \nMarke bezieht \n\neen kennisgeving aan \ngaande het Europese merk \n\nen forkyndelse, der ved= \nr\u00f8rer det europ\u00e6iske vare= \nm\u00e6rke \n\nder Begriff der euro= \np\u00e4ischen Marke \n\nde begripsbepaling van \nhet Europese merk \n\nbegrebet europ\u00e6isk vare= \nm\u00e6rke \n\ndie europ\u00e4ische Marke \nf\u00fcr nichtig erkl\u00e4ren \n\nhet Europese merk nietig kende det europ\u00e6iske \nverklaren \n\nvarem\u00e6rke ugyldigt \n\ndie Nichtigkeit der \neurop\u00e4ischen Marke \n\nde nietigheid van het \nEuropese merk \n\n- ugyldighed af europ\u00e6isk \n\nvarem\u00e6rker \n\n- europ\u00e6iske varem\u00e6rkers \n\nugyldighed \n\ndie Nichtigkeit der \neurop\u00e4ischen Marke wegen \nVerletzung von Pers\u00f6n= \nlichkeitsrechten \n\nde nietigheid van het \nEuropese merk wegens \ninbreuk op persoonlijk \nheidsrechten \n\neurop\u00e6iske varem\u00e6rkers \nugyldighed p\u00e5 grund af \nkr\u00e6nkelse af personlige \nrettigheder \n\ndie Nichtigkeit der \neurop\u00e4ischen Marke wegen Europese merk wegens \nabsoluter Eintragungs= \nhindernisse \n\nabsolute weigeringsgron-\nden voor de inschrijving \n\nde nietigheid van het \n\neurop\u00e6iske varem\u00e6rkers \nugyldighed p\u00e5 grund af \nabsolutte hindringer \nfor registrering \n\ndie Nichtigkeit der euro= de nietigheid van het \np\u00e4ischen Marke f\u00fcr einen Europese merk voor een \nTeil der Waren \n\ndeel van de waren \n\neurop\u00e6iske varem\u00e6rkers \nugyldighed for s\u00e5vidt \nang\u00e5r en del af varerne \n\ndie Nichtigkeit der \neurop\u00e4ischen Marke wegen \n\u00e4lterer Marken und son= \nstiger \u00e4lterer Rechte \n\nde nietigheid van het \nEuropese merk wegens \noudere merken of andere \noudere rechten \n\neurop\u00e6iske varem\u00e6rkers \nugyldighed p\u00e5 grund af \n\u00e6ldre varem\u00e6rker og \nandre \u00e6ldre rettigheder \n\ndie Klage auf Erkl\u00e4rung \nder Nichtigkeit einer \neurop\u00e4ischen Marke/der \neruop\u00e4ischen Marke \ndie Nichtigkeitsklage \n(einer europ\u00e4ischen \nMarke) \n\nde rechtsvordering om \ntrent de nietigheid \nvan een Europees merk/ \nvan het Europese merk \n- de vordering tot nie \n\ns\u00f8gsm\u00e5l om europ\u00e6iske \nvarem\u00e6rkers ugyldighed/ \nugyldigkendelse/ugyl= \ndighed af det europ\u00e6iske \nvarem\u00e6rke \n\ntigverklaring (van een \nEuropees merk) /van het \nEuropese merk \n\neine Nichtigkeitsklage \nerheben/eine Klage auf \nErkl\u00e4rung der Nichtig= \nkeit der europ\u00e4ischen \nMarke erheben \n\neen vordering tot nietig \nverklaring instellen/een \nvordering tot nietigver \nklaring van het Europese \nmerk instellen \n\nanl\u00e6gge s\u00f8gsm\u00e5l/sag om \nugyldigkendelse af det \neurop\u00e6iske varem\u00e6rke \n\n- 125 -\n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nla d\u00e9cision de nullit\u00e9 la pronuncia di nulli\u00ad\ntotale ou partielle (de ta totale o parziale \nla marque europ\u00e9enne) del marchio europeo \n119,1 \n\ndecision as regards \ntotal or partial revoca\u00ad\ntion of the European \ntrade mark \n\nles effets de la nulli\u00ad gli effetti della \nt\u00e9 (de la marque euro= nullit\u00e0 (del marchio \np\u00e9enne) europeo) \n119 \u03a4 \n\neffect of the revocation \n(of the European trade \nmark) \n\ninvoquer la nullit\u00e9 \nde la marque europ\u00e9en\u00ad\nne d'une marque euro\u00ad\np\u00e9enne \n116,2\u00ad117,2\u00ad120,1\u00ad121,1 \n124,1\u00ad125,1,2\u00ad158 \n\nfar valere la nulli\u00ad\nt\u00e0 del marchio euro\u00ad\npeo/di un marchio \neuropeo \neccepire la nullit\u00e0 \ndel marchio europeo \n\nto seek revoca\u00ad\ntion of the European trade \nmark/of a European trade \nmark \n\nla proc\u00e9dure d'appel il procedimento d'ap\u00ad\nen nullit\u00e9 d'une marque pello per la dichiara\u00ad\neurop\u00e9enne zione di nullit\u00e0 di \n139,1 un marchio europeo \n\nrevocation proceedings \nin respect of a European \ntrade mark \n\nfaire valoir la nullit\u00e9 far valere la nullit\u00e0 \nde la marque europ\u00e9enne del marchio europeo \n115 \n\nto seek revocation of \nthe European trade mark \n\nopposer a la marque \neurop\u00e9enne une marque \nant\u00e9rieure ou un autre \ndroit ant\u00e9rieur \n121,3 \n\nopporre al marchio \neuropeo un marchio an\u00ad\nteriore o un altro \ndiritto anteriore \n\na prior trade mark or \nother prior rights which \nmay conflict with the \nEuropean trade mark \n\nla port\u00e9e territoriale \nde la marque europ\u00e9en\u00ad\nne \n13 \n\n1'ambito territoriale \ndi efficacia del mar\u00ad\nchio europeo \n\nterritorial scope of a \nEuropean trade mark \n\nla protection assur\u00e9e \npar la marque euro= \np\u00e9enne \n90 \n\nla renonciation \u00e0 la \nmarque europ\u00e9enne \n109 \u03a4 \u00ad 109,2 \n\nd\u00e9clarer par \u00e9crit la \nrenonciation \u00e0 la mar\u00ad\nque europ\u00e9enne \n109,2 \n\nle renouvellement de \nla marque europ\u00e9enne \n103 \u00ad 104 \u00ad 107 \n\ndemander le renouvel\u00ad\nlement de la marque \neurop\u00e9enne \n103 \u00ad 108,b \n\nla protezione assicu\u00ad\nrata dal marchio euro\u00ad\npeo \n\nprotection afforded by \nthe European trade mark \n\nla rinuncia al marchio \neuropeo \n\nsurrender of European \ntrade marks/a European \ntrade mark \n\ncomunicare in forma \nscritta la rinuncia \nal marchio europeo \n\nto declare in writing \nthe surrender of a European \ntrade mark \n\nla rinnovazione del \nmarchio europeo \n\nrenewal of a European \ntrade mark \n\nrichiedere la rinnova\u00ad to apply for renewal \nzione del marchio euro\u00ad of a European trade mark \npeo \n\n\u00ad 126 \u00ad\n\nPE 64. 907 \n\n\f163 163 \n\ndie Entscheidung, durch de beslissing tot gehele endelig kendelse om, at \ndie die europ\u00e4ische Marke of gedeeltelijke nietig- et europ\u00e6isk varem\u00e6rke \nganz oder teilweise f\u00fcr verklaring (van het Euro- er helt eller delvis \nnichtig erkl\u00e4rt wird \n\npese merk) \n\nugyldigt \n\ndie Wirkung der Nichtig= de rechtsgevolgen van \nkeit (der europ\u00e4ischen \nMarke) \n\nde nietigheid (van het \nEuropese merk) \n\nugyldighedens retsvirk= \nning (det europ\u00e6iske \nvarem\u00e6rke) \n\ndie Nichtigkeit der/ \neiner europ\u00e4ischen Mar= \nke geltend machen \ndie Geltendmachung der \nNichtigkeit einer euro= \np\u00e4ischen Marke \n\nde nietigheid van het p\u00e5ber\u00e5be ugyldigheden \nEuropese merk inroepen/ af det europ\u00e6iske vare= \nm\u00e6rke/et europ\u00e6isk vare= \nvan een Europees merk \nm\u00e6rke \ninroepen \nhet inroepen van de \nnietigheid van een Eu \nropees merk \n\n- een beroep op de nie \ntigheid van het Euro \npese merk doen \n\ndas Berufungsverfahren \nzur Erkl\u00e4rung der Nich= \ntigkeit einer europ\u00e4i= \nsehen Marke \n\nde behandeling in hoger \nberoep inzake de nietig \nverklaring van een Euro \npees merk \n\nappelsag om ugyldigken= \ndelse af et europ\u00e6isk \nvarem\u00e6rke \n\ndie Nichtigkeit der \neurop\u00e4ischen Marke gel= \ntend machen \n\neine \u00e4ltere Marke oder \nein sonstiges \u00e4lteres \nRecht, die der europ\u00e4i= \nsehen Karke entgegen= \nstehen \n\nder r\u00e4umliche Schutzbe= \nreich der europ\u00e4ischen \nMarke \n\nde nietigverklaring van \nhet Europese merk vragen \n\np\u00e5ber\u00e5be ugyldigheden \naf et europ\u00e6isk vare= \nm\u00e6rke \n\neen ouder merk of een \nander ouder recht, dat \naan het Europese merk \nwordt tegengeworpen \n\net \u00e6ldre varem\u00e6rke eller \nanden \u00e6ldre rettighed, som \ner i strid med det euro= \np\u00e6iske varem\u00e6rke \n\nde territoriale werking \nvan het Europese merk \n\neurop\u00e6iske varem\u00e6rkers \nterritoriale beskyt= \ntelsesomr\u00e5de \n\nder durch die europ\u00e4i= \nsehe Marke gew\u00e4hrte \nSchutz \n\nde door het Europese \nmerk verleende bescher \nming \n\nden beskyttelse, der er \nknyttet til det euro= \np\u00e6iske varem\u00e6rke \n\nder Verzicht auf die \neurop\u00e4ische Marke \n\nde afstand van het Euro \npese merk \n\nafkald p\u00e5 et europ\u00e6isk \nvarem\u00e6rke \n\nden Verzicht auf die \neurop\u00e4ische Marke \nschriftlich erkl\u00e4ren \n\nde afstand van het Euro \npese merk schriftelijk \nmededelen \n\ngive skriftligt afkald \np\u00e5 et europ\u00e6isk varem\u00e6rke \n\ndie Verl\u00e4ngerung der \neurop\u00e4ischen Marke \n\nde vernieuwing van \nhet Europese merk \n\nfornyelse af et europ\u00e6isk \nvarem\u00e6rke \n\ndie Verl\u00e4ngerung der \neurop\u00e4ischen Marke be= \nantragen \n\nde vernieuwing van het beg\u00e6ring om fornyelse af \nEuropese merk aanvragen et europ\u00e6isk varem\u00e6rke \nde inschrijving van \nhet Europese merk ver \nnieuwen \n\n- 127 \n\nPE 64. 907 \n\n\f163. marque europ\u00e9enne (suite) \n\nune repr\u00e9sentation de una riproduzione del \nla marque europ\u00e9enne marchio europeo \n65,1 \u00ad 69,2 \n\nrepresentation of the \nEuropean trade mark \n\nle titulaire de la mar\u00ad il titolare del mar\u00ad\nque europ\u00e9enne/d'une chio europeo/di un \nmarque europ\u00e9enne marchio europeo \n14\u00ad142,1\u00ad143,1\u00ad162,2 \n\nproprietor of the \nEuropean trade mark/ \nof a European trade \nmark \n\nle titulaire de la il titolare del marchio proprietor of the \nmarque europ\u00e9enne ou le europeo o il suo aven\u00ad European trade mark or \nlicenci\u00e9 de celui\u00adci te causa his licensee \n122 \u00ad 123 \n\nle repr\u00e9sentant du \ntitulaire de la marque \neurop\u00e9enne \n154,2 \n\ntransf\u00e9rer la marque \neurop\u00e9enne \n2,2 \n\nle transfert de la \nmarque europ\u00e9enne \n23 \n\nl'unit\u00e9 de la marque \neurop\u00e9enne \n2,2 \n\nil rappresentante del \ntitolare del marchio \neuropeo \n\nrepresentative of the \nproprietor of the \n(European) trade mark \n\ntrasferire il marchio \neuropeo \n\nto assign the European \ntrade mark \n\nil trasferimento del \nmarchio europeo \n\nassignments of rights \nin a European trade mark \n\nil carattere unitario \ndel marchio europeo \n\nunitary aspect (of the \nEuropean trade mark) \n\nusage de la marque \neurop\u00e9enne par des \ntiers a des fins autres oer fini diversi da \nque celles de la mar\u00ad\nque \n15 \u03a1 \n\nuso del marchio euro\u00ad\npeo da parte di terzi \n\nquelli del marchio \n\nnon\u00adtrade mark use of \na European trade mark \nby third parties \n\ns'opposer a l'usage \nde la marque europ\u00e9en\u00ad\nne \n122 \n\nopporsi all'uso del \nmarchio europeo \n\nto oppose the use of \nthe European trade mark \n\nfaire un usage s\u00e9rieux fare un uso rilevante \nde la marque europ\u00e9enne del marchio europeo \n110,1,2,4 \n\nto make serious use of/ \nseriously to use the \nEuropean trade mark \n\nla validit\u00e9 de la mar\u00ad\nque europ\u00e9enne/d'une \nmarque nationale \n163,2 \n\ncontester la validit\u00e9 \nde la marque europ\u00e9en\u00ad\nne \n163,2 \n\nla validit\u00e0 del mar\u00ad\nchio europeo/dei mr. r\u00ad\nchi nazionali \n\nvalidity of a European \ntrade mark/of a national \ntrade mark \n\ncontestare la validit\u00e0 to question the validity \ndel marchio europeo of a European trade mark \n\n164. minist\u00e8re \n\nle minist\u00e8re public \n61,2 \n\nl'ufficio del pubblico legal authorities \nministero \n\n128 \n\nPE 64. 907 \n\n\feine Darstellung der \neurop\u00e4ischen Marke \n\neen afbeelding van het \nEuropese merk \n\nen gengivelse af det \neurop\u00e6iske varem\u00e6rke \n\n163 164 \n\nder Inhaber der euro= \np\u00e4ischen Marke/einer \neurop\u00e4ischen Marke \n\nde rechthebbende op het \nEuropese merk/op een \nEuropees merk \n\nindehaveren af et euro= \np\u00e6isk varem\u00e6rke \n\nder Inhaber der euro= \np\u00e4ischen Marke oder \ndessen Lizenznehmer \n\nde rechthebbende op het \nEuropese merk of diens \nlicentiehouder \n\nindehaveren af et euro= \np\u00e6isk varem\u00e6rke eller \ndennes licenshaver \n\nder Vertreter des \nMarkeninhabers \n\nde vertegenwoordiger \nvan de rechthebbende op \nhet Europese merk \n\nvarem\u00e6rkeindehaverens \nrepr\u00e6sentant \n\ndie europ\u00e4ische Marke \n\u00fcbertragen \n\nhet Europese merk over \ndragen \n\noverdrage det europ\u00e6iske \nvarem\u00e6rke \n\nder \u00dcbergang des Rechts de overgang van het \nan der europ\u00e4ischen Marke recht op een Europese \n\noverf\u00f8relse af retten til \ndet europ\u00e6iske varem\u00e6rke \n\nmerk \n\ndie Einheitlichkeit der \neurop\u00e4ischen Marke \n\nde eenheid van het \nEuropese merk \n\neurop\u00e6iske varem\u00e6rkers \nenhedskarakter \n\nnicht markenm\u00e4\u00dfige Be= \nnutzung der europ\u00e4ischen \nMarke durch Dritte \n\ngebruik van het Europese \nmerk door derden voor \nandere doeleinden dan \nals merk \n\nandres brug af et euro= \np\u00e6isk varem\u00e6rke p\u00e5 anden \nm\u00e5de end som varem\u00e6rke \n\nsich der Benutzung der \neurop\u00e4ischen Marke \nwidersetzen \n\nzich verzetten tegen het \ngebruik van het Europese \nmerk \n\nmods\u00e6tte sig brug af \ndet europ\u00e6iske varem\u00e6rke \n\neine ernsthafte Benut= \nzung der europ\u00e4ischen \nMarke \ndie europ\u00e4ische Mar= \nke ernsthaft benutzen \n\neen wezenlijk gebruik van g\u00f8re brug af det euro= \nhet Europese merk maken p\u00e6iske varem\u00e6rke i v\u00e6sent= \n\nligt omfang \n\ndie Rechtsg\u00fcltigkeit der \neurop\u00e4ischen Marke/einer \nnationalen Marke \n\nde geldigheid van het \nEuropese merk/van een \nnationaal merk \n\n- retsgyldigheden af det \neurop\u00e6iske varem\u00e6rke \n- et nationalt varem\u00e6rkes \n\nretsgyldighed \n\ndie Rechtsg\u00fcltigkeit \nder europ\u00e4ischen Marke \nbestreiten \n\nde geldigheid van het \nEuropese merk betwisten \n\nbestride retsgyldigheden \naf det europ\u00e6iske varem\u00e6rke \n\ndie Staatsanwaltschaft \n\nde vertegenwoordiger \nvan het Openbaar Mini \nsterie \n\nanklagemyndighed \n\n- 129 -\n\nPE 64. 907 \n\n\f165. moeurs \n\n\u00eatre contraire aux bon \nnes moeurs \n11,1 - 168,1 \n\nla marque contraire \naux bonnes moeurs ou \n\u00e0 l'ordre public \nM 8/76 - 84 \n\n166. motif \n\nsans motif l\u00e9gitime \n140,4 \n\nessere contrario al \nbuon costume \n\nto be contrary to \nmorality \n\nil marchio contrario \nalla morale o all'or= \ndine pubblico \n\ntrade mark which is contrary \nto morality or to public \npolicy \n\nsenza legittimo moti \nvo \n\nwithout proper reason \n\nun juste motif \n110,1,2 - 133,1 - 134,1 \n\nvalidi motivi \n\njustifiable reason \n\ndes justes motifs de \nnon-usage \n110,3 \n\nmotivi validi per giu \nstificare il mancato \nuso \n\nvalid excuses for non-use \n\nsans juste motif \n110,1,2 - 133,1 - 134,1 \n\nsenza validi motivi \n\nwithout valid reason \n\n167. nom \n\nle nom commercial \nM 8/76 - 91 \n\nla denominazione \ncommerciale \n\ntrade name \n\nun \u00e9l\u00e9ment d'un nom \ncommercial \nM 8/76 - 109 \n\nuna componente della \ndenominazione di una \nditta \n\na part of a business \nname \n\nle nom patronymique \n9 \n\nl'emploi de son nom \npatronymique \nM 8/76 - 28 \n\n168. nommer \n\nnommer les fonction \nnaires et agents \n31,2 \n\n169. non-usage \n\nen cas de non-usage \nM 8/76 - 118 \n\n170. non-validit\u00e9 \n\nfaire constater la \nnon-validit\u00e9 de la \nmarque communautaire \nM 8/76 - 157 \n\n171. notification \n\nla notification de \nl'acte \n36,2 \n\nil nome di persona \n\nsurname \n\nl'uso del proprio nome \ndi famiglia \n\nthe use of one's family \nname \n\nnominare i funzionari \ne gli agenti \n\nto appoint officials and \nemployees \n\nin caso di mancata \nutilizzazione \n\nin the case of non-user \n\nl'accertamento dell'in \nvalidit\u00e0 del marchio \nCEE \n\nto ascertain the invalidity \nof the EEC trade mark \n\nla notificazione \ndell'atto \n\nnotification of the \ndecision \n\nla notification de la \ndemande de marque euro \np\u00e9enne \n74 \n\nla noti ficaziore della \ndomanda di marchio \neuropeo \n\nnotification of the \napplication for the \nEuropean trade mark \n\n- 130 -\n\nPE 64. 907 \n\n\fden guten Sitten zu= \nwiderlaufen \n\nin strijd zijn met de \ngoede zeden \n\nstride mod god skik og \nbrug \n\n165 - 171 \n\ndie Marke, die einen \nsittenwidrigen oder ge= \ngen die \u00f6ffentliche Ord= of de openbare orde \nnung versto\u00dfenden Inhalt \nhat \n\nhet merk dat in strijd \nis met de goede zeden \n\nm\u00e6rker, der strider mod \ngod skik og brug eller \nden offentlige orden \n\nohne berechtigten Grund \n\nzonder wettige reden \n\nuden lovlig grund \n\nein berechtigter Grund \n\neen gegronde reden \n\nskellig/rimelig grund \n\nberechtigte Gr\u00fcnde f\u00fcr \ndie Nichtbenutzung \n\ngeldige redenen voor \nniet-gebruik \n\nskellig grund til at \nundlade brugen \n\nohne berechtigten Grund zonder geldige reden \n\nuden skellig/rimelig \ngrund \n\nder Handelsname \n\nde handelsnaam \n\nhandelsbetegnelser \n\nein Bestandteil eines \nHandelsnamens \n\neen bestanddeel van een en bestanddel af en \nhandelsnaam \n\nhandelsbetegnelse \n\nder Familienname \n\nde familienaam \n\nsl\u00e6gtsnavn \n\nder Gebrauch des eige= \nnen Familiennamens \n\nhet gebruik van de \neigen familienaam \n\nanvende sit eget \nsl\u00e6gtsnavn \n\ndie Beamten und Be= \ndiensteten ernennen \n\nde ambtenaren en overige ans\u00e6tte embedsm\u00e6nd og \npersoneelsleden benoemen funktion\u00e6rer \n\nbei Nichtbenutzung \n\nb ij n i e t - g e b r u ik \n\np\u00e5 grund af undladt \nbrug \n\ndie Unwirksamkeit der \nEWG Marke feststellen \n\nde vaststelling van \nde nietigheid van het \nEEG-merk \n\np\u00e5stand om ugyldigheds= \nkendelse af EF-m\u00e6rket \n\ndie Mitteilung der Hand= de kennisgeving van de \nlung \n\nhandeling \n\nmeddelelsen om hand= \nlingen \n\ndie Pr\u00fcfungsbescheide \n(der europ\u00e4ischen \nMarkenanmeldung) \n\nde mededelingen betref- meddelelse om anmel= \nfende het onderzoek (van delse af et europ\u00e6isk \nde Europese merkaanvrage) varem\u00e6rke \n\n131 -\n\nPE 64. 907 \n\n\f171. notification (suite) \n\nla notification d'exa\u00ad\nmen \n61,3 \u00ad 101,2c \n\n\u00ad la notificazione \n\nd'esame \n\n\u00ad la comunicazione \n\nd'esame \n\nexaminers' reports \ndecision by the \nexamining division \n\nla notification con\u00ad\ncernant les marques \nant\u00e9rieures \n75 \u03a4 \n\nla comunicazione in \nmerito all'esistenza \ndi marchi anteriori \n\nnotification about \nprior trade marks \n\nune notification rela\u00ad una notificazione rela\u00ad communication concerning \ntive \u00e0 la marque euro\u00ad tiva al marchio euro\u00ad the European trade mark \np\u00e9enne peo \n154,2 \n\n172 notifier \nnotifier \n71,2 \u00ad 74,1 \n\nnotifier la d\u00e9cision \n71,1 \n\n173. nullit\u00e9 \n\nla nullit\u00e9 de la mar\u00ad\nque communautaire \npour des motifs de \nrefus absolus \nM 8/76 \u00ad 131 \n\nla d\u00e9ch\u00e9ance ou la \nnullit\u00e9 de la marque \ncommunautaire \nM 8/76 \u00ad 131 \n\ninformare \nnotificare \n\nto notify \n\nnotificare la decisione to notify the applicant \n\nla nullit\u00e0 del marchio the invalidity of the \nCEE per motivi assolu\u00ad EEC trade mark because \nti di rifiuto of absolute grounds of \n\nrefusal \n\nla decadenza o la \nnullit\u00e0 del marchio \nCEE \n\nthe loss or invalidity \nof the EEC trade mark \n\nl'action en d\u00e9ch\u00e9ance l'azione di decadenza \nou en nullit\u00e9 de la o di nullit\u00e0 del mar\u00ad\nmarque europ\u00e9enne/d'une chio europeo/di un mar\u00ad\nmarque nationale chio nazionale \n54,1\u00ad128,1\u00ad159,2\u00ad162,10 \n\nclaim/action for the \ndeclaration of lapse \nor revocation of the \nEuropean trade mark \nactions for declaring \nthe lapse or revocation \nof a national trade mark \n\nla nullit\u00e9 r\u00e9sultant la nullit\u00e0 (del marchio the invalidity because \nde l'existence de mar\u00ad CEE) per l'esistenza di of the existence of prior \nques ou d'autres droits marchi o di altri di\u00ad trade marks or other \nant\u00e9rieurs ritti anteriori prior rights \nM 8/76 \u00ad 131 \n\nl'action en nullit\u00e9 \nM 8/76 \u00ad 94 \n\nagir en nullit\u00e9 ou en \ncontrefa\u00e7on contre la \nmarque communautaire \npost\u00e9rieure \nM 8/76 \u00ad 140 \n\nil giudizio di nullit\u00e0 invalidity proceedings \n\nintentare un ricorso no application for \nper contraffazione o cancellation or damages \nestinzione contro un can be entertained in \nmarchio CEE pi\u00f9 recente respect of the later \n\nEEC trade mark \n\n\u00ad 132 \u00ad\n\nPE 64. 907 \n\n\fder Pr\u00fcfungsbescheid \n\nde kennisgeving naar \naanleiding van het \nonderzoek \nde mededeling betref \nfende het onderzoek \n\n171 - 173 \n\n- afgivne meddelelser \n\nang\u00e5ende granskninger \n\n- afgiven meddelelse \n\ndie Benachrichtigung \n\u00fcber \u00e4ltere Marken \n\nde mededeling over oudere meddelelse om \u00e6ldre \nmerken \n\nvarem\u00e6rker \n\neine Zustellung, die \nsich auf die europ\u00e4ische \nMarke bezieht \n\neen kennisgeving aan \ngaande het Europese \nmerk \n\nen forkyndelse,der ved= \nr\u00f8rer det europ\u00e6iske \nvarem\u00e6rke \n\nmitteilen \n\nmededelen \n\ngive underretning \n\ndie Entscheidung mit= \nteilen \n\nbe beslissing mededelen \n\ngive underretning herom \n\ndie Nichtigkeit der EWG- de nietigheid van het \nMarke wegen absoluter \nEintragungshindernisse \n\nEEG-merk wegens abso-\nlute weigeringsgronden \n\nEF-m\u00e6rkets ugyldighed p\u00e5 \ngrund af absolutte hin= \ndringer for registrering \n\nder Verfall oder die \nNichtigkeit der EWG-\nMarke \n\nhet verval of de nietig \nheid van het EEG-merk \n\nfortabelse eller ugyldig= \nhed af et EF-varem\u00e6rke \n\ndie Klagen auf Erkl\u00e4rung \ndes Verfalls oder der \nNichtigkeit der euro= \np\u00e4ischen Marke/einer na= \ntionalen Marke \n\nde vorderingen tot ver \nvallenverklaring of tot \nnietigverklaring van het \nEuropese merk/van een \nnationaal merk \n\n- s\u00f8gsm\u00e5l om europ\u00e6iske \nvarem\u00e6rkers fortabelse \neller ugyldighed/forta= \nbelse eller ugyldighed \naf det europ\u00e6iske vare= \nm\u00e6rke \n\n- s\u00f8gsm\u00e5l om fortabelse \n\neller ugyldighed af et \nnationalt varem\u00e6rke \n\ndie Nichtigkeit wegen \ndes Bestehens \u00e4lterer \nMarken und sonstiger \n\u00e4lterer Rechte \n\nde nietigheid (van het \nEEG-merk) wegens het be \nstaan van andere merken \nen andere oudere rechten \n\nugyldighed p\u00e5 grund af at \nder foreligger \u00e6ldre vare= \nm\u00e6rker eller andre \u00e6ldre \nrettigheder \n\ndas Nichtigkeitsver= \nfahren \n\nde nietigheidsprocedure s\u00f8gsm\u00e5l om ugyldigheds= \n\nkendelse \n\neine L\u00f6schungs- oder \nVerletzungsklage gegen \ndie j\u00fcngere EWG-Marke \nerheben \n\neen vordering tot door \nhaling of wegens inbreuk \ntegen het jongere EEG-\nmerk instellen \n\nrejse sag om annullation \neller kr\u00e6nkelse imod det \nyngre EF-m\u00e6rke \n\n133 \n\nPE 64. 907 \n\n\f174. observation \n\npr\u00e9senter des observa \ntions \n71,2 - 74,1 \n\n175. office \n\npresentare le sue os \nservazioni/deduzioni \n\nto make observations \n\nl'Office communautaire \ndes marques \nM 8/76 - 35 \n\nl ' U f f i c io \nd ei marchi CEE \n\nEEC Trade Mark Office \n\n176. Office europ\u00e9en des marques \nl ' O f f i ce europ\u00e9en des \nmarques \n3-10-14,3-23,4-26-101,2-102-103-106-109,2-120,a-chap. VII-140,5-141,1-142,1 \n143,1-144-146-147,1-152,1,2-chap. V i l i , le s e c. , 2\u00e8 s o u s - s e c. - 1 6 2 , 1 , 1 0 - 1 7 0 ,1 \n181,4 \n\nl ' U f f i c io europeo d ei \nmarchi \n\nEuropean Trade Mark \n\nOffice \n\nl es a c t es \n52,1 \n\nl ' a c t i v i t\u00e9 \n31,1 \n\ngli atti \n\nmatters \n\nl'attivit\u00e0 \n\nactivities \n\nl ' o b j et d'un a p \n\nf a i re \np el devant \neurop\u00e9en des marques \n132,1 \n\nl ' O f f i ce \n\nformer un appel par \n\u00e9 c r it aupr\u00e8s de l'Of \nfice europ\u00e9en des mar \nques \n133,1 \n\nle budget \n38 T \n\nproporre appello al \nl'Ufficio europeo dei \nmarchi \n\nto be the subject of an \nappeal to the European \nTrade Mark Office \n\npresentare all'Ufficio to lodge an appeal in \neuropeo dei marchi un writing at the European \nappello in forma scrit- Trade mark Office \nta \n\nil bilancio \n\nbudget \n\nle conseil d'aarnini- \nstration \n- les d\u00e9lib\u00e9rations \n- la l\u00e9galit\u00e9 des actes - la legittimit\u00e0 degli \n\nil consiglio d'ammini-\nstrazione \n- le deliberazioni \n\natti \n\n- le competenze \n\n- les attributions \n26,2-28,2\u00e8 v-31,1,2-\n33,3-37,2-41-42-43,1-68,6 \n\nAdministrative Council \n\n- discussions \n- legality of the \n\nactivities \n- functions \n\nintroduire une demande \naupr\u00e8s de l'Office \neurop\u00e9en des marques \n162,3 \n\nproporre una domanda \nall'Ufficio europeo \ndei marchi \n\nto lodge a request at \nthe European Trade Mark \nOffice \n\nles d\u00e9penses \n37,1,2-38,1 \n\nla direction \n31 T \n\nle spese \n\nla d i r e z i o ne \n\n- expenditure \n- expenses \n\nadministration \n\nle premier exercice \nbudg\u00e9taire de l'Office \neurop\u00e9en des marques \n180,1 \n\nil primo e s e r c i z io \nf i n a n z i a r io d e l l ' U f f i \nc io europeo d ei marchi \n\nfirst accounting period \nof the European Trade \nMark Office \n\n134 -\n\nPE 64. 907 \n\n\feine Stellungnahme ein= \nreichen \n\nverweer voeren \n\n174 - 176 \n\nfremkomme med en udtalelse \n\ndas EWG-Markenamt \ndie EWG Markenbeh\u00f6rde \n\nhet EEG-merkenbureau \n\nEF-varern\u00e6rkemyndigheden \n\ndas Europ\u00e4ische Marken= \namt \n\nhet Europese merkenbureau - Den europ\u00e6iske Varem\u00e6rke= \n\nmyndighed \n\n- Det europ\u00e6iske Varem\u00e6rke= \n\nregister \n\n- den Europ\u00e6iske Varem\u00e6rke= \n\nmyndighed \n\n- Den Europ\u00e6iske Varem\u00e6rke= \n\nmyndighed \n\nsager \n\ndie Angelegenheiten \n\nde handelingen \n\ndie T\u00e4tigkeit \n\nde werkzaamheden \n\nvirksomhed \n\nBerufung beim Europai= \nschen Markenamt erheben \n\nbij het Europese merken \nbureau hoger beroep in \nstellen \n\nblive appelleret til \nDen Europ\u00e6iske Varem\u00e6rke= \nmyndighed \n\neine Berufung schrift= \nlieh beim Europ\u00e4ischen \nMarkenamt einlegen \n\neen hoger beroep bij het indgive skriftlig appelbe= \ng\u00e6ring til Den Europ\u00e6iske \nEuropese Merkenbureau \nVarem\u00e6rkemyndighed \ninstellen \n\nder Haushaltsplan \n\nde begroting \n\nbudget \n\nder Verwaltungsrat \n\nde Raad van bestuur \n\nadministrationsr\u00e5det \n\n- die Beratungen \n- die Rechtm\u00e4\u00dfigkeit \nvon Handlungen/des \nHandelns \n- Befugnisse \n\n- de beraadslagingen \n- de wettigheid van de \n\n- forhandlinger \n- lovligheden af hand= \n\nhandelingen \n\nlinger \n\n- de bevoegdheid \n\n- b e f \u00f8 j e l s er \n\neinen Antrag beim Euro= \np\u00e4ischen Markenamt ein= \nreichen \n\neen verzoek bij het \nEuropese Merkenbureau \nindienen \n\nindgive skriftlig ans\u00f8gning \ntil Den europ\u00e6iske Vare= \nm\u00e6rkemyndighed \n\ndie Ausgaben \n\nde uitgaven \n\nudgifter \n\ndie Leitung \n\nde leiding \n\nledelse \n\nhet eerste begrotings \ndas erste Haushaltsjahr \ndes Europ\u00e4ischen Marken= jaar van het Europese \namtes \n\nMerkenbureau \n\nDen Europ\u00e6iske Varem\u00e6rke= \nmyndigheds f\u00f8rste budget\u00e5r \n\n135 \n\nPE 64. 907 \n\n\f176. Office europ\u00e9en des marques \n\n(suite) \nla gestione \n\nla gestion \n31,1 \n\nto administer \n\ninstances \n\nl es \n49 \n\nle Journal officiel \n29,6 - 58,b \n\ngli organi \n\ndepartments \n\nla Gazzetta ufficiale Official Journal \n\nles personnes physiques le persone fisiche \ninscrites sur la liste iscritte nell'apposito \n\u00e9tablie a cet effet par elenco compilato \nl'Office europ\u00e9en des dall'Ufficio europeo \nmarques \n153,2 \n\ndei marchi \n\nnatural persons whose \nnames appear in a list \nmaintained at the \nEuropean Trade Mark \nOffice \n\nla nature juridique \n27 T \n\nla date de l'ouverture \nde l'Office europ\u00e9en \ndes marques \n179,2 \n\nla natura giuridica \n\nlegal character \n\nla data di apertura \ndell'Ufficio europeo \ndei marchi \n\ndate of opening of the \nEuropean Trade Mark \nOffice \n\nle jour de l'ouverture il giorno di apertura \nde l'Office europ\u00e9en \ndes marques \n179,1 - 181,1 \n\ndell'Ufficio europeo \ndei marchi \n\n- day on which the European \nTrade Mark Office opens \n\n- day of opening of the \nEuropean Trade Mark \nOffice \n\nle pr\u00e9sident \n31,1 - 41 - 140,5 -\n146 - 180,3 \n\nil presidente \n\nPresident \n\nles proc\u00e9dures devant \n\nle procedure che si \nsvolgono davanti a. dealings with \n\n29,'3 \n\nles publications \n58 T \n\nles recettes \n37,1a - 38,1 \n\nles repr\u00e9sentants de \nvant l'Office europ\u00e9en \ndes marques \n155,1 \n\nla repr\u00e9sentation de \nvant l'Office europ\u00e9en \ndes marques \n153,2 \n\nle pubblicazioni \n\npublications \n\nle entrate \n\n- receipts \n- income \n\ni rappresentanti da- \nvanti all'Ufficio euro= as such before the \npeo dei marchi \n\nrepresentatives acting \n\nEuropean Trade Mark \nOffice \n\nla rappresentanza \npresso l'Ufficio euro \npeo dei marchi \n\nrepresentation in proceed \nings before the European \nTrade Mark Office \n\nla repr\u00e9sentation des la rappresentanza del-\npersonnes physiques et le persone fisiche e \nmorales devant l'Offi- giuridiche presso \nce europ\u00e9en des marques l'Ufficio europeo dei \n153,1 \n\nmarchi \n\nrepresentation of natural \nand legal persons in \nproceedings before the \nEuropean Trade Mark Office \n\n136 -\n\nPE 64. 907 \n\n\fdie Leitung \n\nde leiding \n\nlede (institutionen) \n\n176 - 176 \n\ndie Organe \n\nde organen \n\norganer \n\ndas Amtsblatt \n\nhet Publikatieblad \n\nTidende \n\nnat\u00fcrliche Personen, die natuurlijke personen \nin eine beim Europ\u00e4ischen die zijn ingeschreven \nMarkenamt gef\u00fchrte Liste op een lij st,welke \neingetragen sind \n\ndaartoe door het Euro \npese Merkenbureau wordt \nbijgehouden \n\nfysiske personer, der er \noptaget i en ved Den \nEurop\u00e6iske Varem\u00e6rkemyn= \ndighed f\u00f8rt liste \n\ndie Rechtsnatur \n\nhet rechtskarakter \n\nretlig karakter \n\nder Zeitpunkt der Er\u00f6ff \nnung des Europ\u00e4ischen \nMarkenamtes \n\nhet tijdstip waarop het \nEuropese Merkenbureau \nwordt geopend \n\ndagen for \u00e5bningen af \nDen Europ\u00e6iske Varem\u00e6rke= \nmyndighed \n\n- der Tag der Er\u00f6ffnung \ndes Europ\u00e4ischen Mar= \nkenamtes \n\n- die Er\u00f6ffnung des Eu= \nrop\u00e4ischen Markenamtes \n\nde dag waarop het \nEuropese Merkenbureau \nwordt geopend \nde opening van het \nEuropese Merkenbureau \n\ndagen for/. efter \u00e5bnin= \ngen af Den Europ\u00e6iske Vare= \nm\u00e6rkemyndighed \n\nder Pr\u00e4sident \n\nde voorzitter \n\nformanden \n\ndie Verfahren vor \n\nde procedures bij \n\nsagsbehandling ved. die Ver\u00f6ffentlichungen \n\nde publikaties \n\npublikationerne \n\ndie Einnahmen \n\nde ontvangsten \n\nindt\u00e6gter \n\ndie Vertreter vor dem \nEurop\u00e4ischen Markenamt \n\nde vertegenwoordigers \nbij het Europese Merken \nbureau \n\nrepr\u00e6sentanterne ved \nDen Europ\u00e6iske Varem\u00e6rek= \nmyndighed \n\ndie Vertretung vor dem \nEurop\u00e4ischen Markenamt \n\nde vertegenwoordiging \nvoor het Europese Mer \nkenbureau \n\nrepr\u00e6sentationen ved Den \nEurop\u00e6iske Varern\u00e6rkemyn= \ndighed \n\ndie Vertretung nat\u00fcr= \nlicher und juristischer \nPersonen vor dem Euro= \np\u00e4ischen Markenamt \n\nnatuurlijke personen \nen rechtspersonen in de \nprocedure voor het Euro \npese Merkenbureau ver \ntegenwoordigen \n\nrepr\u00e6sentationen af fysiske \nog juridiske personer ved \nDen Europ\u00e6iske Varem\u00e6rke= \nmyndighed \n\n137 \n\nPE 64. 907 \n\n\f176. Office europ\u00e9en des marques \n\npouvoir assurer la/une - poter \nrepr\u00e9sentation devant \nl'Office europ\u00e9en des \nmarques \n153,2,5 \n\nassumere la \n\nrappresentanza pres \nso l'Ufficio europeo \ndei marchi \npoter esercitare le \nproprie funzioni (di \nrappresentanti) da \nvanti all'Ufficio \neuropeo dei marchi \n\nto undertake the \nrepresentation in \nproceedings before the \nEuropean Trade Mark \nOffice \nthe representatives may \nact before the European \nTrade Mark Office \n\n- se faire repr\u00e9senter farsi rappresentare d\u00e1- to be represented before \ndevant l'Office euro- vanti all'Ufficio euro- the European Trade Mark \np\u00e9en des marques \n- \u00eatre repr\u00e9sent\u00e9 de \nvant l'Office euro \np\u00e9en des marques \n\npeo dei marchi \n\nOffice \n\n154,1,2 \n\nla responsabilit\u00e9 con- la responsabilit\u00e0 \ntractuelle \n35,1 \n\ncontrattuale \n\nla responsabilit\u00e9 non \ncontractuelle \n35,2 \n\nla responsabilit\u00e0 \nextracontrattuale \n\ncontractual liability \n\nnon-contractual liability \n\nle si\u00e8ge \n28 T \n\nle statut des fonc \ntionnaires et le r\u00e9 \ngime applicable aux \nautres agents de l'Of \nfice europ\u00e9en des mar \nques \n180,3 \n\nle statut juridique \n26 T \n\nle vice-pr\u00e9sident \n31,3 \n\nla sede \n\nlocation \n\nlo statuto dei fun \nzionari e il regime \napplicabile agli al \ntri dipendenti del \nl'Ufficio europeo dei \nmarchi \n\nconditions of service \nfor officials and other \nemployees of the European \nTrade Mark Office \n\nlo statuto giuridico \n\nlegal status \n\nil vicepresidente \n\nvice-president \n\n177. 178. o f f i ce national des marques \nl ' o f f i ce national \ndes marques \nM 8/76 - 35 \n\nl ' u f f i c io nazionale \ndei marchi \n\nnational trade mark \noffice \n\noffre \nop\u00e9rer une diff\u00e9ren \nciation de l'offre \nM 8/76 - 12 \n\ndifferenziare l'offer \nta \n\nto distinguish between \nthe various goods \noffered for sale \n\n179. op\u00e9ration \n\nl'ex\u00e9cution des op\u00e9 \nrations financi\u00e8res \n47,2 \n\nl'esecuzione delle \noperazioni finanziarie operations \n\ncarrying out of financial \n\n- 138 \n\nPE 64. 907 \n\n\fdie Vertretung vor dem \nEurop\u00e4ischen Markenamt \nwahrnehmen k\u00f6nnen \n\nde vertegenwoordiging \nvoor het Europese mer \nkenbureau kan geschie \nden door. bij het Europese Mer= \nkenbureau als vertegen \nwoordigers mogen op= \ntreden \n\n176 179 \n\nud\u00f8ve repr\u00e6sentation ved \nDen Europ\u00e6iske Varem\u00e6rke= \nmyndighed \n\nsich vor dem Europ\u00e4ischen zich voor het Europese \nMarkenamt vertreten las= Merkenbureau doen ver \nsen \n\ntegenwoordigen \n\nlade sig repr\u00e6sentere ved \nDen Europ\u00e6iske Varem\u00e6rke= \nmyndighed \n\ndie vertragliche \nHaftung \n\nde contractuele aanspra- h\u00e6ftelse i kontraktforhold \nkelijkheid \n\ndie au\u00dfervertragliche \nHaftung \n\nde niet-contractuele \naansprakelijkheid \n\nh\u00e6ftelse uden for kontrakt= \nforhold \n\nder Sitz \n\nde plaats van vestiging \n\ns\u00e6de \n\ndas Statut der Beamten \nhet rechtspositiebesluit \nund die f\u00fcr die sonstigen van de ambtenaren en de \nBediensteten des Euro= \np\u00e4ischen Markenamtes \ngeltenden Besch\u00e4fti= \ngungsbedingungen \n\nregeling die voor de \nandere personeelsleden \nvan het Europese Merken-\nbureau geldt \n\nreglement for embedsm\u00e6ndene \nog bestemmelser om ans\u00e6ttel= \nsesvilk\u00e5rene for de \u00f8vrige \nfunktion\u00e6rer ved Den Euro= \np\u00e6iske Varem\u00e6rkemyndighed \n\ndie Rechtsstellung \n\nde rechtspositie \n\nretsstilling \n\nder Vizepr\u00e4sident \n\nde vice-voorzitter \n\nviceformanden \n\ndas nationale Marken= \namt \n\nhet nationaal merken \nbureau \n\nden nationale varem\u00e6rke= \nmyndighed \n\neine Differenzierung \ndes Angebots erm\u00f6glichen het aanbod mogelijk \n\neen differentiatie van \n\nen nuancering af udbudet \n\nmaken \n\ndie Durchf\u00fchrung der \nFinanzgesch\u00e4 fte \n\nde uitvoering van finan- gennemf\u00f8relsen af \nci\u00eble handelingen \n\nde finansielle disposi= \ntioner \n\n- 139 -\n\nPE 64. 907 \n\n\f180. opposable \n\n\u00eatre opposable aux \ntiers \n23,5 \n\nessere opponibile ai \nterzi \n\nto have effect vis-a-vis \nthird parties \n\nne pas \u00eatre opposable \n\nnon essere opponibile \n\nnot to be in conflict \nwith. 6 \n\n181. opposant \n\n1'opposant \n86 \n\n182. opposition \n\nchi ha fatto opposi \nzione \n\nopponent \n\nl'opposition doit \u00eatre \nformul\u00e9e/faite par \n\u00e9crit \n79,1 - 80,2 \n\nl'opposizione deve es \nsere presentata per \niscritto \n\nl'opposition doit \n\u00eatre d\u00fbment motiv\u00e9e \n79,1 - 80,2 \n\nl'opposizione deve \nessere debitamente mo \ntivata \n\nla limitation du droit \nd'opposition \nM 8/76 - 93 \n\nla limitazione del \ndiritto d'opposizione \n\nthe opposition must be \nfiled in writing \n\nthe opposition must \ninclude a statement of \nthe grounds on which it \nis based \n\n- the limitation of the \n\nright to enter an opposi \ntion \n\n- the restriction of opposi \n\ntion proceedings \n\nformer opposition \n120,1a \n\nfare opposizione \n\nto file opposition \n\nla proc\u00e9dure d'oppo \nsition \n51,1 - M 8/76 - 74,121 \n\nla procedura di oppo \nsizione \n\nopposition proceedings \n\nle rejet de l'opposi \ntion \n84 T \n\nil rigetto dell'opposi \nzione \n\nrejection of the opposi \ntion \n\nles d\u00e9cisions de rejet \nd'une opposition \n86,2 \n\nle decisioni relative \nal rigetto di un'oppo \nsizione \n\nthe decisions by virtue \nof which an opposition is \nrejected \n\nprononcer le rejet \nd'une opposition \n86,1 \n\nla division d'examen \nrejette l'opposition \n84 \n\n183. ordonnateur \n\nle contr\u00f4le de la re \nsponsabilit\u00e9 des or \ndonnateurs et comp \ntables \n48 \n\npronunciare il rigetto \ndi un'opposizione \n\nto reject an opposition \n\nla divisione d'esame \nrespinge l'opposizione shall reject the opposition \n\nthe examining division \n\nil controllo della re- the responsibility of \nsponsabilita dei li- \nquidatori e dei con- \ntabili \n\ncashiers and accountants \nand arrangements for \ntheir supervision \n\n- 140 -\n\nPE 64. 907 \n\n\f180 - 183 \n\nDritten entgegenge= \nhalten werden \n\ntegenover derden werken blive gjort g\u00e6ldende \n\nover for tredjemand \n\nnicht entgegenstehen \n(+ Dat. ) \n\nniet in de weg staan aan ikke v\u00e6re til hinder for \n\nder Widersprechende \n\nde opposant \n\nden, der g\u00f8r indsigelse \n\nder Widerspruch ist \nschriftlich einzureichen telijk worden ingediend \n\nhet bezwaar moet schrif- indsigelsen skal indgives \n\nskriftligt \n\nder Widerspruch ist zu \nbegr\u00fcnden \n\nhet bezwaar moet met \nredenen zijn omkleed \n\nindsigelsen skal be= \ngrundes \n\ndie Beschr\u00e4nkung des \nWiderspruchsrechts \n\nde beperking van het \nrecht van oppositie \n\nbegr\u00e6nsning af retten til \nindsigelse \n\nWiderspruch erheben \n\nbezwaar maken \n\nfrems\u00e6tte indsigelse \n\ndas Widerspruchsver= \nfahren \n\nde oppositieprocedure \n\nindsigelsessag/-procedure \n\ndie Zur\u00fcckweisung des \nWiderspruchs \n\nde afwijzing van het \nbezwaar \n\nafvisning af indsigelser \n\ndie Beschl\u00fcsse,durch die de beslissingen tot af \nein Widerspruch zur\u00fcck= wijzing van een bezwaar \ngewiesen wird \n\nafg\u00f8relser, hvorved en \nindsigelse er afvist \n\neinen Widerspruch zu= \nrUckweisen \n\ndie Pr\u00fcfungsabteilung \nweist den Widerspruch \nzur\u00fcck \n\neen bezwaar afwijzen \n\nafvise en indsigelse \n\nde onderzoekafdeling \nwijst het bezwaar af \n\ngranskningsafdelingen \nafviser indsigelsen \n\ndie Kontrolle \u00fcber die \nVerantwortung der an= \nweisungsbefugten Per= \nsonen und der Rechnungs= \nf\u00fchrer \n\nde controle op de ver \nantwoordelijkheid van \nhen die betalingsop \ndrachten geven en van \nhen die de boekhouding \nvoeren \n\nanvisningsberettigede \npersoners og regnskabs= \nf\u00f8reres ansvar og de her= \ntil h\u00f8rende kontrolforan= \nstaltninger \n\n- 141 \n\nPE 64. 907 \n\n\f184. ordre \n\nles relations entre \nplusieurs ordres juri\u00ad\ndiques nationaux \nM 8/76 \u00ad 30 \n\n\u00eatre contraire aux \nprincipes fondamen\u00ad\ntaux de l'ordre public \n11,1 \u00ad 168,1 \n\nla marque contraire \naux bonne moeurs ou \u00e0 \nl'ordre public \nM 8/76 \u00ad 84 \n\n185, \n\norganisation \nl'organisation inter\u00ad\nnationale \n60,3 \n\n186. paiement \n\nla c o n s t a t a t i on du \npaiement \n106 \u03a4 \n\n187. papier \n\nl ' u s a ge de la marque \nsur des p a p i e rs d ' a f\u00ad\nf a i r es ou dans la \np u b l i c i t\u00e9 \nM 8/76 \u00ad 107 \n\n188. parit\u00e9 \n\nla parit\u00e9 en vigueur \nau jour du d\u00e9p\u00f4t \n46,3 \n\n189. participant \n\ni rapporti fra pi\u00f9 \nordinamenti giuridici \nstatali \n\nthe relationships between \nseveral national legal \nsystems \n\nessere contrario ai \nprincipi fondamentali \ndell'ordine pubblico \n\nto be contrary to the \nfundamental principles \nof public order \n\nil marchio contrario \nalla morale o all'or\u00ad\ndine pubblico \n\ntrade mark which is \ncontrary to morality \nor to public policy \n\nl'organizzazione inter\u00ad\nnazionale \n\nintergovernmental \norganization \n\nl'accertamento dell'av\u00ad proof of payment \nvenuto pagamento \n\nl'utilizzazione del \nmarchio su documenti \ncommerciali e nel set\u00ad\ntore della pubblicit\u00e0 \n\nthe use of the. trade\u00b7 mark \non business papers or in \nadvertising \n\nla parita in vigore il value in force at the \ngiorno del deposito date of deposit \n\nun participant (proc\u00e9\u00ad una parte \ndure \u00e0 l'\u00e9gard d'un \nparticipant) \n91,2 \n\none of the parties \n\nles participants a la \nproc\u00e9dure \n93 \n\nles participants dans \nla proc\u00e9dure d'appel \n133,5 \n\nles offres de preuve \ndes participants \n96,1 \n\n190. partie \n\nlee parties au con\u00ad\ntrat \n23,2 \n\ni partecipanti al \nprocedimento \n\nparticipants in the \nproceedings \n\nchi partecipa a un parties in appeal \nprocedimento d'appello proceedings \n\nle prove proposte dalle evidence of the parties \nparti \n\nle p a r ti \n\np a r t i es to the c o n t r a ct \n\n\u00ad 142 \u00ad\n\nPE 64. 907 \n\n\fdas Verh\u00e4ltnis zwischen \nmehreren nationalen \nRechtsordnungen \n\nde relatie tussen \nmeerdere nationale \nrechtsstelsels \n\n184 - 190 \n\nforholdet mellem flere \nnationale retssystemer \n\nden tragenden Grunds\u00e4t* \nzen der \u00f6ffentlichen \nOrdnung zuwiderlaufen \n\nin strijd zijn met de \ngrondbeginselen van de \nopenbare orde \n\nstride mod de grund= \nl\u00e6ggende principper for \nden offentlige orden \n\nhet merk dat in strijd is m\u00e6rker, der strider mod \ndie Marke, die einen \nsittenwidrigen oder ge= met de goede zeden of de god skik og brug eller \ngen die \u00f6ffentliche Ord= openbare orde \nnung versto\u00dfenden Inhalt \nhat \n\nden offentlige orden \n\ndie zwischenstaatliche \nEinrichtung \n\nde internationale \ninstelling \n\ninternational \ntion \n\norgamsa= \n\ndie Feststellung der \nZahlung \n\nde vaststelling van de \nbetaling \n\nkonstatering af betalings= \ntidspunkt \n\ndie Benutzung der Marke \nauf Gesch\u00e4ftspapieren \nund in der Werbung \n\nhet gebruik van het \nmerk op zakenpapieren \nen in de reclame \n\nbrug af m\u00e6rker p\u00e5 forret= \nningspapirer og som led \ni reklame \n\nder am Tag der Hinter= \nlegung geltende Pariwert ponering geldende koers \n\nde op de dag van de-\n\nden pariv\u00e6rdi der var \ng\u00e6ldende p\u00e5 deponerings= \ndagen \n\nein Beteiligter \n\neen partij \n\nen part \n\ndie am Verfahren Be= \nteiligten \n\nde deelnemers aan de \nprocedure \n\nparterne i sagen \n\ndie Beteiligten im \nBerufungsverfahren \n\nde partijen in de \nberoepsprocedure \n\nparterne i appelsagen \n\ndie Beweisantr\u00e4ge der \nBeteiligten \n\nhet bewijsaanbod van \npartijen \n\nparternes bevismateriale \n\ndie Vertragsparteien \n\nde partijen bij de \novereenkomst \n\nkontraktens parter \n\n143 \n\nPE 64. 907 \n\n\f190. partie (suite) \n\nla partie int\u00e9ress\u00e9e \n23,3 \n\n1'interessato \n\none of the interested \nparties \n\nun litige entre les \nparties \u00e0 la proc\u00e9dure \nde constatation \n162,10 \n\n- una causa le cui par- action between the parties \nti sono identiche a to the declaratory proceed-\nquelle del procedi- ings \nmento di accertamento \n\n- un processo che si \n\nsvolge fra le parti \ndel procedimento di \naccertamento \n\nl'audition des parties \n148,1 \n\nl'audizione delle \nparti \n\nhearing the parties \n\nla comparution person \nnelle des parties \n140,1a \n\nla comparizione per \nsonale delle parti \n\npersonal appearance of \nthe parties \n\n191. personnalit\u00e9 \n\navoir la personnalit\u00e9 \njuridique \n27,1 \n\navere personalit\u00e0 \ngiuridica \n\nto be a legal entity \n\n192. personne \n\nune personne \u00e9cono \nmiquement li\u00e9e a \n16,2 - 17,1 \n\nuna persona economica- person in commercial \nmente legata a. relationship with. la personne int\u00e9ress\u00e9e l'interessato \n36,2 \n\ninterested party \n\npar personne interpos\u00e9e per interposta persona \n33,2 \n\nthrough an intermediary \n\nune personne physique \nou morale \n5,l-2e v. - 36,1 \n\nuna persona fisica o \ngiuridica \n\nles personnes physiques le persone fisiche e \net morales \n153,1 - 154,2 \n\ngiuridiche \n\nl es personnes physiques \ni n s c r i t es sur la \n\u00e9 t a b l ie \u00e0 cet e f f et par \nl'Office europ\u00e9en des \nmarques \n153,2 \n\nl i s te \n\nle persone fisiche \niscritte nell'apposito \nelenco compilato \ndall'Ufficio europeo \ndei marchi \n\nnatural or legal person \n\nnatural and legal persons \n\nnaturai persons whose \nnames appear in a list \nmaintained at the European \nTrade Mark Office \n\n193, \n\npiraterie \nles risques d'abus \net de piraterie \nM 8/76 - 31 \n\ngli abusi di uso \nfraudolento (del mar \nchio) \n\nthe possibilities of \nabuse in the form of trade \nmark'pirating \n\n144 -\n\nPE 64. 907 \n\n\fder Beteiligte \n\nde belanghebbende partij en interesseret \n\n190 - 193 \n\nein Rechtsstreit zwi= \nschen den Parteien des \nFeststellungsver fahrens \n\neen geschil tussen de \npartijen in de verkla \nringsprocedure \n\nen retssag mellem parterne \ni anerkendelsessagen \n\ndie Anh\u00f6rung der Be= \nteiligten \n\nhet horen van partijen \n\nen afh\u00f8ring af parterne \n\ndas pers\u00f6nliche Er= \nscheinen der Beteiligten ning van partijen \n\nde persoonlijke verschij- parternes personlige \n\nfremm\u00f8de \n\nRechtspers\u00f6nlichkeit \nbesitzen \n\nrechtspersoonlijkheid \nhe bbe n \n\nv\u00e6re en selvst\u00e6ndig \njuridisk person \n\neine Person, die mit. wirtschaftlich ver= \nbunden ist \n\niemand die met. economisch is verbonden \n\n- \u00f8konomisk forbindelse \nmellem en person og \n\n- en person, der har for= \n\nbindelse med. der Betroffene \n\nde betrokken persoon \n\nden interesserede \n\ndurch einen Mittelsmann door middel van een \n\ngennem mellemm\u00e6nd \n\nstroman \n\neine nat\u00fcrliche oder \njuristische Person \n\neen natuurlijke of \nrechtspersoon \n\nen fysisk eller juridisk \nperson \n\ndie nat\u00fcrlichen und \njuristischen Personen \n\nnatuurlijke personen \nen rechtspersonen \n\nfysiske og juridiske \npersoner \n\nnat\u00fcrliche Personen, \nde fysiske personer, der \ndie in eine beim Europ\u00e4i= die zijn ingeschreven op er optaget i en ved Den \neen list, welke daartoe Europ\u00e6iske Varem\u00e6rkemyn= \nschen Markenamt gef\u00fchr= \nte Liste eingetragen sind door het Europese Mer- \n\nnatuurlijke personen \n\ndighed f\u00f8rt liste \n\nkenbureau wordt bijgehouden \n\ndie M\u00f6glichkeiten des \nMi\u00dfbrauchs in Form der \nMarkenpiraterie \n\nde mogelijkheden van mis- muligheder for misbrug \nbruik in de vorm van mer- i form af piratvirksomhed \nkenpiraterij \n\n- 145 -\n\nPE 64. 907 \n\n\f194. pourvoi \n\npourvoi en cassation \ndevant la Cour euro \np\u00e9enne des marques \nchap. iv\u00e8,6\u00e8 sec. -99,1-\nchap. Vl\u00e8,5\u00e8 sec. -3e \nsous-sec. -138,1 \n\nfurther appeal to the \nEuropean Trade Mark Court \n\nricorso per cassa \nzione dinanzi alla \nCorte europea dei \nmarchi \nimpugnare per cassa \nzione dinanzi alla \nCorte europea dei mar \nchi \nricorso per cassa= \nzione alla Corte euro \npea dei marchi \n\nla d\u00e9cision de la. la decisione della. peut faire l'objet d'un pu\u00f2 essere impugnata \npourvoi en cassation \ndevant la Cour euro- \np\u00e9enne des marques \n99,1 - 138,1 \n\nper cassazione davanti \nalla Corte europea dei \nmarchi \n\na decision of the. may be the subject of \nfurther appeal to the \nEuropean Trade Mark Court \n\nle pourvoi (en cassa \ntion) a un effet sus \npensif \n99,1 - 138,1 \n\nle pourvoi (en cassa \ntion) est ouvert pour. /a ceux qui. 99,2,3-138,2a,b-136,3 \n\n195. pouvoir \n\nexercer le pouvoir \ndisciplinaire \n31. 2 g \n\nproduire un pouvoir \n\u00e9crit \n155,1 \n\n196. pr\u00e9examen \n\n\u00e9viter que les r\u00e9sul \ntats n'aient valeur \nde pr\u00e9examen \nM 8/76 - 103 \n\n197. prescription \n\nla prescription par \ntol\u00e9rance \nM 8/76- 28 \n\n198. preuve \n\nl'impugnazione (per \ncassazione) ha effetto European Trade Mark Court) \nsospensivo \n\nfurther appeal (to the \n\nwill have suspensive \neffect \n\n(further) appeal may \nbe lodged for. /by \n\nl'impugnazione (per \ncassazione) e ammes \nsa per. l'impugnazione (per \ncassazione) e consen \ntita a coloro che. poter essere impugnato \n(per cassazione) per. essere impugnabile \n(per cassazione) da \ncoloro che. esercitare il potere \ndisciplinare \n\nto exercise disciplinary \nauthority \n\nesibire procura scritta to produce an authoriza \n\ntion in writing \n\nevitare che i risul \ntati esercitino un'ef \nficacia pregiudiziale \nsul procedimento prin \ncipale \n\nto avoid the risk of \nprejudicing the interests \nof any of the parties \nconcerned \n\ni casi di decadenza \n\ncases of \"Verwirkung\" \n(Germany) \n\nla preuve par t\u00e9moins le prove testimoniali examination of witnesses \n140,1c \n\n- 146 -\n\nPE 64. 907 \n\n\fRechtsbeschwerde zum \nEurop\u00e4ischen Gericht \nRechtsbeschwerde zum \nEurop\u00e4ischen Markenge= \nrieht \n\n194 198 \n\nberoep in cassatie bij \nhet Europese Merkenhof \n\nappel/p\u00e5klage afg\u00f8relser \ntil Den Europ\u00e6iske Domstol \nfor Varem\u00e6rkesager \n\ngegen die Entscheidung \nder. kann Rechtsbe= \nschwerde zum Europ\u00e4ischen pese Merkenhof beroep \nMarkengericht erhoben \nwerden \n\nin cassatie worden in\u2014 \ngesteld \n\ntegen de beslissing van \nde. kan bij het Euro-\n\nde afg\u00f8relser, som. tr\u00e6ffer, kan/afg\u00f8relser \nkan p\u00e5klages til Den \nEurop\u00e6iske Domstol for \nVarem\u00e6rkesager \n\ndie Rechtsbeschwerde hat het beroep in cassatie \nheeft schorsende kracht \naufschiebende Wirkung \n\nklagen har ops\u00e6ttende \nvirkning \n\ndie Rechtsbeschwerde ist \nzul\u00e4ssig wegen. /steht \ndenjenigen zu, die. beroep in cassatie kan \nworden ingesteld wegens. /door hen die. - klage kan indgives p\u00e5 \n\ngrund af. - klageadgangen er \u00e5ben \n\nfor de parter, der. die Disziplinargewalt \naus\u00fcben \n\nde disciplinaire macht \nuitoefenen \n\nud\u00f8ve disciplin\u00e6rmyndig= \nhed over \n\neine schriftliche Voll= \nmacht einreichen \n\neen schriftelijke vol \nmacht overleggen \n\nindlevere en skriftlig \nfuldmagt \n\neiner pr\u00e4judiziellen \nWirkung des Recherchen= \nergebnisses vorbeugen \n\neen schadelijk effect \nvan het resultaat van \nhet onderzoek voorkomen \n\nforebygge en pr\u00e6judiciel \nvirkning af efterforsk= \nningsresultaterne \n\nin F\u00e4llen der Verwirkung de gevallen van ver \n\nbortfald af rettigheder \n\nwerking \n\ndie Vernehmung von \nZeugen \n\nhet bewijs door getui \ngen \n\nafh\u00f8ring af vidner \n\n- 147 -\n\nPE 64. 907 \n\n\f198. preuve (suite) \n\nles offres de preuve \ndes participants \n96,1 \n\n199. pr\u00e9vision \n\nf a i re 1'objet de \npr\u00e9visions \n38,1 \n\n200. priorit\u00e9 \n\nla d\u00e9claration de \npriorit\u00e9 \n69,2 - 101,2a \n\nremettre une d\u00e9clara \ntion de priorit\u00e9 \n69,2 \n\nle d\u00e9lai de priorit\u00e9 \n68,5 \n\naccorder un droit de \npriorit\u00e9 \n68,6 \n\njouir d'un droit de \npriorit\u00e9 \n68,1 \n\nla revendication du \ndroit de priorit\u00e9 \n68,5 \n\nse pr\u00e9valoir de la \npriorit\u00e9 d'un d\u00e9p\u00f4t \nant\u00e9rieur \n69,1 \n\nle prove proposte \ndalle parti \n\nevidence of the \nparties \n\ncostituire oggetto \ndi previsione \n\nto form the subject \nof estimates \n\nla dichiarazione di \npriorit\u00e0 \n\n- declaration of priority \n- priority declaration \n\npresentare una dichia \nrazione di priorit\u00e0 \n\nto make a declaration of \npriority \n\nil termine di priorit\u00e0 \n\ndate for the purposes of \ndetermining priority \n\nconcedere un diritto \ndi priorit\u00e0 \n\nto grant a priority right \n\ngodere di un diritto \ndi priorit\u00e0 \n\nto enjoy a priority \nright \n\nla rivendicazione del \ndiritto di priorit\u00e0 \n\nto claim a right of \npriority \n\nrivendicare la priori- to take advantage of the \nta di un deposito \nanteriore \n\npriority of a previous \nfiling \n\nla r\u00e8gle de la priorit\u00e9 \nM 8/76 - 38 \n\nil principio della \npr ior ita \n\nprinciple of prior \nrights \n\nla revendication de la \npriorit\u00e9 \n69 T \n\nle droit de revendi \nquer la priorit\u00e9 du \nd\u00e9p\u00f4t est \u00e9teint \n69,1,2 \n\n201. privil\u00e8ge \n\njouir des privil\u00e8ges \net immunit\u00e9s n\u00e9cessai \nres \u00e0 l'accomplisse \nment de leurs t\u00e2ches \n30 \n\n202. proc\u00e9dure \n\nla proc\u00e9dure d'appel \n133,5 - 138,2a \n\nla rivendicazione della claims to priority rights \npriorit\u00e0 \n\nil diritto di rivendi- loss of right to claim \ncare la priorit\u00e0 del \ndeposito decade \n\npriority of filing \n\nfruire dei privilegi \ne delle immunita ne \ncessarie all'adempi \nmento delle loro fun \nzioni \n\nto enjoy those privileges \nand immunities which are \nnecessary to the carrying \nout of their task \n\nil procedimento d'ap- - appeal proceedings \npello \n\n- appeal procedure \n\n- 148 -\n\nPE 64. 907 \n\n\fdie Beweisantr\u00e4ge der \nBeteiligten \n\nhet bewijsaanbod van \npartijen \n\nparternes bevismateriale \n\n198 - 202 \n\nveranschlagt werden \n\ngeraamd worden \n\nblive beregnet \n\ndie Priorit\u00e4tserkl\u00e4rung \n\nde verklaring van \nvoorrang \n\nkrav/erkl\u00e6ring om for= \ntrinsret \n\neine Priorit\u00e4tserkl\u00e4= \nrung abgeben \n\neen verklaring van voor- frems\u00e6tte krav om for= \nrang overleggen \n\ntrinsret \n\ndie Priorit\u00e4tsfrist \n\nde termijn van voor \nrang \n\nfortrinsrets fristen \n\nein Priorit\u00e4tsrecht \ngew\u00e4hren \n\neen recht van voorrang \ntoekennen \n\nindr\u00f8mme fortrinsret \n\nein Priorit\u00e4tsrecht \ngenie\u00dfen \n\neen recht van voorrang \ngenieten \n\nnyde fortrinsret \n\ndie Inanspruchnahme des het beroep op het recht \nPriorit\u00e4tsrechts \n\nvan voorrang \n\nkrav om fortrinsret \n\ndie Priorit\u00e4t einer \nfr\u00fcheren Hinterlegung \nin Anspruch nehmen \n\nde voorrang van een \nvroeger depot inroepen \n\ng\u00f8re krav p\u00e5 fortrinsret \nfor en tidligere anmeldelse \n\nder Priorit\u00e4tsgrundsatz het prioriteitsbeginsel \n\nforrangsgrunds\u00e6tningen \n\ndie Inanspruchnahme der het inroepen van de \nPriorit\u00e4t \n\nvoorrang \n\nfrems\u00e6ttelse af krav om \nfortrinsret \n\nder Priorit\u00e4tsanspruch \nist verwirkt \n\nhet recht de voorrang \nin te roepen vervalt \n\nfortrinsretten er fortabt \n\ndie zur Erf\u00fcllung ihrer de voorrechten en de \nvrijheden genieten die \nAufgaben erforderlichen \nVorrechte und Befreiungen ter vervulling van hun \ngenie\u00dfen \n\ntaken nodig zijn \n\nder tilkommer. de til \nudf\u00f8relsen af deres op= \ngaver n\u00f8dvendige forret= \ntigheder og fritagelser \n\ndas Berufungsverfahren \n\nde beroepsprocedure \n\nappelsagen \n\n149 -\n\nPE 64. 907 \n\n\f202. proc\u00e9dure (suite) \n\nla proc\u00e9dure ayant \nconduit \u00e0 une d\u00e9cision/ \n\u00e0 la d\u00e9cision \n93 - 99,3 - 138,3 \n\nil procedimento con \nclusosi con una de \ncisione \nil procedimento che \nsi e concluso con la \ndecisione \n\n(any party to) the proceedings \n(who was affected by) the \ndecision \n\nles regles de la pro \nc\u00e9dure civile \n152,2 \n\n1'instauration d'une \nproc\u00e9dure de concilia \ntion \nM 8/76 - 93 \n\nla proc\u00e9dure de con \nstatation \n162 T - 162,2 \n\nun litige entre les \nparties \u00e0 la proc\u00e9 \ndure de constatation \n162. 10 \n\nle norme processuali \n\nrules of civil procedure \n\nl'introduzione di un \nprocedimento arbitrale \n\nintroduction of a \nconciliation procedure \n\nil procedimento di \naccertamento \n\ndeclaratory proceedings \n\nuna causa le cui par- action between the \nti sono identiche a parties to the declaratory \nquelle del procedi- proceedings \nmento di accertamento \nun processo che si svolge \nfra le parti del pro \ncedimento di accerta \nmento \n\nla proc\u00e9dure en con \ntrefa\u00e7on \nchap. VIII, 1\u00e8re sect. il procedimento per \ncontra ffazione \n\ninfringement proceedings \n\nla proc\u00e9dure en con \ntrefa\u00e7on d'une marque \ncommunautaire \nM 8/76 - 156 \n\nla proc\u00e9dure en con \ntrefa\u00e7on d'une marque \neurop\u00e9enne/de la mar \nque europ\u00e9enne \n158 - 159,1 - 161,1 \n\nsuspendre la proc\u00e9 \ndure en contrefa\u00e7on de \nla marque europ\u00e9enne \n159,2 \n\nla proc\u00e9dure en cas \nd'action en contre \nfa\u00e7on \n157 T \n\nle azioni di contraf \nfazione di un marchio \nCEE \n\nproceedings relating to \ninfringements of EEC \ntrade marks \n\nil procedimento per \ncontraffazione di un \nmarchio europeo \n\n- infringement proceedings \nof European trade marks \n- proceedings for infringe \nment of a European trade \nmark \n\nsospendere il procedi- to stay the proceedings \nmento per contra f fazio-^ for infringement of the \nne del marchio europeo European trade mark \n\nil procedimento per \nl'azione di contraffa \nzione \n\nprocedure in actions for \nin fr ingeme n t \n\nsimplifier la pro \nc\u00e9dure de d\u00e9p\u00f4t \nM 8/76 - 43 \n\nla semplificazione del \nprocedimento di regi \nstrazione \n\nsimplification of the \napplication procedure \n\n- 150 -\n\nPE 64. 907 \n\n\fdas Verfahren, das zu \nder Entscheidung gef\u00fchrt \nhat \n\n202 202 \n\neen procedure die tot \neen beslissing heeft \ngeleid \nde procedure, welke tot \nde beslissing heeft ge \nleid \n\nden sagsbehandling, som \nhar f\u00f8rt til en afg\u00f8relse \n\ndie Vorschriften des \nZivilproze\u00dfrechts \n\nde bepalingen van burger- processuelle forskrifter \nlijke rechtsvordering \n\ni civile sager \n\ndie Einf\u00fchrung eines \nSchiedsverfahrens \n\nde invoering van een \narbitrale procedure \n\nindf\u00f8relse af en m\u00e6glings= \nprocedure \n\ndas Feststellungsver= \nfahren \n\nde procedure van ver-\nklaring voor recht \n\nanerkendelse \nans\u00f8gning om anerkendelse \n\nein Rechtsstreit zwischen een geschil tussen de \npartijen in de verkla-\nden Parteien des Fest= \nringsprocedure \nstellungsVerfahrens \n\nen retssag mellem parterne \ni anerkendelsessagen \n\ndas Verletzungsverfah= \nren \n\nde inbreukprocedure \n\ns\u00f8gsm\u00e5l om kr\u00e6nkelser \n\ndas Verfahren wegen Ver= \nletzung einer EWG-Marke \n\nde procedure wegens in-\nbruik op een EEG-merk \n\nprocessen om kr\u00e6nkelse af \net EF-m\u00e6rke \n\ndas Verfahren wegen Ver= \nletzung einer europ\u00e4i= \nschen Marke/der europ\u00e4i= \nschen Marke \n\nde procedure inzake in \nbreuk op een Europees \nmerk \n\ns\u00f8gsm\u00e5l om/vedr\u00f8rende \nkr\u00e6nkelse af et europ\u00e6isk \nvarem\u00e6rke/europ\u00e6iske vare= \nm\u00e6rker \n\ndas Verfahren wegen Ver= \nletzung der europ\u00e4ischen \nMarke aussetzen \n\nde procedure inzake \ninbreuk op het Europese \nmerk schorsen \n\nuds\u00e6tte s\u00f8gsm\u00e5let om \nkr\u00e6nkelse af det europ\u00e6iske \nvarem\u00e6rke \n\ndas Verfahren bei Ver= \nletzungsklagen \n\nde procedure bij een vor- procesregler \ndering inzake inbreuk \n\ndas Anmeldeverfahren \nvereinfachen \n\nde vereenvoudiging van \nde registratieprocedure \n\nforenkling af anmeldelses= \nprocedur en \n\n151 \n\nPE 64. 907 \n\n\f202. proc\u00e9dure (suite) \nla proc\u00e9dure d'en\u00ad\nregistrement \n70,2 \u00ad chap. IV\u00ad100,1\u00ad\n139,1\u00ad148,1\u00ad M 8/76\u00ad35 \n\n\u00ad la procedura per la \n\nregistrazione \n\n\u00ad il procedimento per \nla registrazione \n\nles proc\u00e9dures natio\u00ad\nnales d'enregistrement \net d'opposition \nM 8/76\u00ad27 \n\ni procedimenti nazio\u00ad\nnali di registrazione \ne di opposizione \n\n\u00ad procedure for registra\u00ad\n\ntion \n\n\u00ad registration procedure \n\u00ad proceedings for the \n\nregistration \n\nnational registration \nand opposition procedures \n\n1'engagement de la \nproc\u00e9dure nationale \n100 T \n\nla proc\u00e9dure d'oppo\u00ad\nsition \n51,1 \n\nla proc\u00e9dure de re\u00ad\ncours \n93 \u00ad 149,1 \n\nen l'\u00e9tat de la pro\u00ad\nc\u00e9dure \n98. 3 \n\nles participants a la \nproc\u00e9dure \n93 \n\nparticiper \u00e0 la pro\u00ad\nc\u00e9dure \n93 \n\nl'inizio del procedi\u00ad\nmento nazionale \n\napplication of national \nprocedure \n\nla procedura di oppo\u00ad\nsizione \n\nopposition proceedings \n\nil procedimento di \nricorso \n\nappeal proceedings \n\nallo stato degli atti \n\nhaving regard to the \nstate of the proceedings \n\ni partecipanti al pro\u00ad\ncedimento \n\nparticipants in the \nproceedings \n\npartecipare al proce\u00ad\ndimento \n\nto be a party to \nproceedings \n\nles personnes admises \u00e0 i soggetti ammessi a \nformer un recours et proporre ricorso e \n\u00e0 participer \u00e0 la a partecipare al re\u00ad\nproc\u00e9dure lativo procedimento \n93 \u03a4 \n\npersons entitled to \nappeal and to take part \nin appeal proceedings \n\nles r\u00e8gles de proc\u00e9\u00ad\ndure \n99,2a \n\nle norme procedurali \n\nprocedural rules \n\nla violation des r\u00e8gles la violazione di norme violation of essential \nde la proc\u00e9dure ou des procedurali o di for\u00ad formal and procedural \nformes de caract\u00e8re malit\u00e0 di carattere rules \nsubstantiel sostanziale \n99,2a \n\n203. produit \n\nles produits sur les\u00ad\nquels la marque est \nappos\u00e9e \n172,b \n\ni prodotti sui quali \n\u00e8 apposto il marchio \n\ngoods bearing the mark \n\n\u00ad 152 \n\nPE 64. 907 \n\n\f- das Verfahren zur Ein= \n\ntragung \n\n- das Eintragungsver= \n\nfahren \n\nde inschrijvingsproce \ndure \nde procedure tot in \nschrijving \nde procedure over de \ninschrijving \n\n202 203 \n\n- registreringsproceduren \n- registrering \n\ndie nationalen Eintra= \ngungs- und Widerspruchs= \nverfahren \n\nde nationale registratie- nationale registrerings= \nen verzetsprocedures \n\nprocedurer og indsigel= \nsessager \n\ndie Einleitung des na= \ntionalen Verfahrens \n\nhet instellen van de \nnationale procedure \n\nindledning af overgangen \ntil national varem\u00e6rkean= \nmeldelse \n\ndas Widerspruchsverfahren de oppositieprocedure \n\nindsigelsessag \n\ndas Beschwerdeverfahren - de behandeling in be- appelsag \nroep \n\n- de procedure in beroep \n\nnach dem Stand des Ver= \nfahrens \n\ngezien de stand van de \nprocedure \n\nefter sagens stilling \n\ndie am Verfahren Be= \nteiligten \n\nde deelnemers aan de \nprocedure \n\nparterne i sagen \n\nan dem Verfahren teil= \nnehmen \n\nbij een procedure \npartij zijn \nbij de procedure par \ntij zijn \n\ndeltage i sagsbehandlingen \n\ndie Beschwerdeberechtig= \nten \n\nde partijen bij de be \nroepsprocedure \n\nappelberettigede \n\ndie Verfahrensvor= \nSchriften \n\nde procedurevoorschrif \nten \n\nprocedureforskrifter \n\ndie Verletzung wesent= \n1icher Form- oder Ver= \nfahrensforsehriften \n\nde schending van proce- kr\u00e6nkelse af v\u00e6sentlige \ndure- of vormvoorschrif- form- eller procedure= \nten van wezenlijke aard \n\nforskrifter \n\ndie mit der Marke ver= \nsehenen Waren \n\nde waren die van het \nmerk zijn voorzien \n\nde med (f\u00e6lles) m\u00e6rket \nforsynede varer \n\n- 15 3 \n\nPE 64. 907 \n\n\f203. produit (suite) \n\nles produits de con\u00ad\nsommation finale \nM8/76 \u00ad 25 \n\nles produits d'une \nentreprise \n8 , 1 \u00ad 15 \n\ni beni di consumo \nfinale \n\nconsumer goods \n\ni prodotti di un'im\u00ad\npresa \n\ngoods of an undertaking \n\nles produits fabriqu\u00e9s \nen s\u00e9rie \nM 8/76 \u00ad 25 \n\nla produzione indu\u00ad\nstriale di massa (di \narticoli) \n\nindustrially mass\u00adproduced \ngoods \n\ndes produits indenti\u00ad\nques ou similaires \nll,l,d\u00ad12,l,a\u00ad12,3 \n\nprodotti uguali/iden\u00ad\ntici o simili \n\nidentical or similar \ngoods \n\nle produit de marque \nM 8/76\u00ad 10 \n\nl'articolo provvisto \ndi marchio \n\nbranded good \n\nle principe de la \nlibre circulation des \nproduits de marque \nM 8/76 \u00ad 26 \u03a4 \n\nil principio della \nlibera circolazione \ndelle merci provviste \ndi marchio \n\nprinciple of the free \nmovement of branded \ngoods \n\nracheter un produit \nde qualit\u00e9 et de na\u00ad\nture identiques \nM 8/76 \u00ad 14 \n\nles produits rev\u00eatus \nde marques identiques \nou similaires, mis \ndans le commerce \nM 8/76 \u00ad 27 \n\nla commercialisation \ndes produits d'utili\u00ad\nsation et de consomma\u00ad\ntion journali\u00e8res \nM 8/76\u00ad19 \n\nacquistare di nuovo \nun prodotto secondo la \nqualit\u00e0 e il tipo \n\nto purchase again a \nproduct similar in both \nquality and kind \n\nle merci (che sono) \ncommercializzate con \nun marchio identico \no simile \n\ngoods brought into circulation \nunder the same or a simila r \ntrade mark \n\nla commercializzazione \ndegli articoli d'uso \ne consumo quotidiano \n\nmarketing of products \nfor daily use and consump\u00ad\ntion \n\nune connexit\u00e9 \u00e9cono\u00ad prodotti molto simili \nmique \u00e9troite entre les dal punto di vista \nproduits economico \nM 8/76 \u00ad 153 \n\nclosely related goods \n\nlorsque l'\u00e9tat des \nproduits est modifi\u00e9 \nou alt\u00e9r\u00e9 \n16,3 \n\ntromper le public sur \nla nature ou la pro\u00ad\nvenance des produits \n11. 1. b \n\nquando lo stato dei \nprodotti \u00e8 modificato \no alterato \n\nif the condition of the \ngoods is altered or \nimpaired \n\ntrarre in inganno il \npubblico dei consuma\u00ad\ntori sulla natura o \nsulla provenienza dei \nprodotti \n\nto mislead the public as \nto the nature or origin \nof the goods \n\n\u00ad 154 \n\nPE 64. 907 \n\n\fdas Endverbrauchsgut \n\nde consumptiegoederen \n\nf\u00e6rdigvarer \n\n203 - 203 \n\ndie Waren eines Unter= \nnehmens \n\nde waren van een onder \nneming \n\nen virksomheds varer \n\ndie in industrieller \nMassenfertigung herge= \nstellten Artikel \n\nde industri\u00eble massapro\u2014 den industrielle masse= \nduktie (van artikelen) \n\nfremstilling \n\ngleiche oder gleichar= \ntige Waren \n\ndezelfde/gelijke of \nsoortgelijke waren \n\nsamme eller ligeartede \nvarer \n\nder Markenartikel \n\nhet merkartikel \n\nm\u00e6rkevarer \n\nder Grundsatz des \nfreien Verkehrs von \nMarkenartikeln \n\nhet principe van het \nvrije verkeer van merk \nartikelen \n\nprincippet om frie vare= \nbev\u00e6gelser for m\u00e6rkevarer \n\ndas nach Qualit\u00e4t und \nArt gleiche Erzeugnis \nwiederkaufen \n\nhet qua kwaliteit en \naard gelijke produkt op \nnieuw kopen \n\nk\u00f8be et produkt af samme \nkvalitet og type igen \n\ndie Waren, die unter \nder gleichen oder einer \n\u00e4hnlichen Marke in Ver= \nkehr gebracht werden \n\nde artikelen die onder \nhetzelfde of een soort \ngelijk merk in de handel \nworden gebracht \n\nvarer, der bringes i om= \ns\u00e6tning under samme eller \ntilsvarende varem\u00e6rker \n\ndie Vermarktung der \nArtikel des t\u00e4glichen \nGe- und Verbrauchs \n\nhet in de handel brengen \nvan artikelen voor dage \nlijks ge- en verbruik \n\nmarkedsf\u00f8ringen af varen \ntil daglig brug eller \nforbrug \n\nsich wirtschaftlich sehr economisch zeer gelijk-\nnahestehende Waren \n\nsoortige waren \n\nbrugsm\u00e6ssigt besl\u00e6gtede \nvarer \n\nwenn der Zustand der \nWaren sich ver\u00e4ndert \noder verschlechtert hat \n\nindien de toestand van \nde waren gewijzigd of \nverslechterd is \n\nn\u00e5r varernes tilstand er \n\u00e6ndret eller forringet \n\ndie \u00d6ffentlichkeit \n\u00fcber das Wesen oder die \nHerkunft der Waren \nt\u00e4uschen \n\nhet publiek misleiden \nten aanzien van de aard \nof de herkomst van de \nwaren \n\nvildlede offentligheden \nmed hensyn til varernes \nart eller oprindelse \n\n- 155 \n\nPE 64. 907 \n\n\f204. propri\u00e9t\u00e9 \n\nles travaux de rap \nprochement ou d'uni \nfication du droit \nde la propri\u00e9t\u00e9 \nindustrielle \nM 8/76 - 3 \n\ni lavori per il \nravvicinamento o \nficazione dei diritti \ndi propriet\u00e0 industria \nle \n\nwork on the harmonization \n\nl'uni- or unification of indu \n\nstrial property law \n\nles services centraux i servizi centrali del- central industrial property \nde la propri\u00e9t\u00e9 indu- la propriet\u00e0 industria- offices/authorities \nstrielle \n60,1,2,3-61,3-63-64-73-\n100,1-102-146 \n\nle \n\n-\n\nla marque europ\u00e9enne \ncomme objet de pro \npri\u00e9t\u00e9 \n23 T \n\nil marchio europeo \ncome oggetto di pro \npriet\u00e0 \n\nthe European mark as an \nobject of property \n\n205, \n\nprotection \nla protection du con \nsommateur contre la \nconfusion, l'erreur et \nla tromperie \nM 8/76 - 25 \n\nb\u00e9n\u00e9ficier d'une pro \ntection efficace \nM 8/76 - 18 \n\nla tutela del consuma \ntore da confusioni, \ninganni e frodi \n\nprotection of consumers \nfrom being confused,misled \nand deceived \n\nottenere un'efficace \nprotezione \n\nto acquire effective \nprotection \n\nla protection formelle la protezione formale \ndes marques de service dei marchi di servi-\nM 8/76 - 70 \n\nzio \n\nformai protection of \nservice marks \n\nla protection juri \ndique \nM 8/76-13/15 \n\nla tutela giuridica \n\nlegal protection \n\njouir d'une protection venire giuridicamente \njuridique \nM 8/76 - 13/15 \n\nprotetto \n\nto be legally protected \n\nl'\u00e9tendue de la protec \ntion des marques/par \nla marque/de la mar\" \nque communautaire \nM 8/76 - 38 - 63 - 158 \n\n- l'estensione della \ntutela dei marchi \n- la sfera di effica \ncia del marchio \n\n- la portata del mar \n\n- the scope of trade mark/ \nthe trade mark's protec \ntion \n\n- the scope of protection \nof the EEC trade mark \n\nchio CEE \n\nle syst\u00e8me communau \ntaire de protection \ndes marques \nM 8/76-25 \n\nla protection des \nsignes distinctifs \nnon enregistr\u00e9s \nM 8/76 - 95 \n\nil regime comunitario \ndi protezione dei mar \nchi \n\nCommunity system for \nthe protection of trade \nmarks \n\nla tutela dei \ncontrassegni non \nregistrati \n\nprotection of unregister \ned signs \n\nappr\u00e9cier si la mar \nque d\u00e9pos\u00e9e est ou non \nsusceptible de pro \ntection \nM 8/76 - 87 \n\nraccogliere informa \nzioni sulla idoneit\u00e0 \ndi un marchio ad otte \nnere la protezione \n\nto determine whether the \ntrade marks applied for \nare eligible for protection \n\n156 -\n\nPE 64. 907 \n\n\fdie Arbeiten zur An= \ngleichung oder Verein= \nheitlichung des gewerb= \nliehen Rechtsschutzes \n\nde werkzaamheden tot \nharmonisatie of unifi \ncatie van de industri\u00eble \neigendom \n\n204 - 205 \n\narbejde med henblik p\u00e5 \nindbyrdes tiln\u00e6rmelse \neller standardisering af \nden industrielle ejen= \ndomsret \n\n- die Zentralbeh\u00f6rden \n\nf\u00fcr den gewerblichen \nRechtsschutz \n\n- die f\u00fcr den gewerbli= \nchen Rechtsschutz zu= \nst\u00e4ndigen Zentralbe= \nh\u00f6rden \n\nde centrale diensten \nvoor de industri\u00eble \neigendom \n\ncentrale myndigheder \nfor beskyttelse af indu= \nstriel ejendomsret \n\ndie Europ\u00e4ische Marke als het Europese merk als \nGegenstand des Verm\u00f6gens deel van het vermogen \n\ndet europ\u00e6iske m\u00e6rke som \ngenstand for ejendomsret \n\nder Schutz des Ver= \nbrauchers vor Verwechs= \nlung, Irref\u00fchrung und \nT\u00e4uschung \n\nde bescherming van de \nconsument tegen ver \nwarring en misleiding \n\nbeskytte forbrugeren mod \nforveksling, vildledning \nog fejltagelse \n\neinen wirksamen Schutz \nerwerben \n\neen effectieve bescher \nming verkrijgen \n\nerhverve en effektiv be= \nskyttelse \n\nder Formalsch\u00fctz von \nDienstleistungsmarken \n\nde formele bescherming \nvan dienstmerken \n\nen formel beskyttelse af \nm\u00e6rker for tjenesteydelser \n\nder rechtliche Schutz \n\nde rechtsbescherming \n\nretligt beskyttet \n\nrechtlichen Schutz ge= \nniessen \n\njuridisch beschermd \nworden \n\nv\u00e6re beskyttet (som \nejendom) \n\nder Schutzumfang der \nMarken/der Marke/der \nEWG-Marke \n\nde omvang van de be \nscherming der merken/ \nvan het merk/van het \nEEG-merk \n\n- varem\u00e6rkernes beskyttelse \n- omfanget af varem\u00e6rkets \n\nbeskyttelse \n\n- EF-m\u00e6rkets beskyttelses= \n\nomfang \n\ndas Markenschutzsystem \nder Gemeinschaft \n\nhet systeem van merken \nrechten j ke bescherming \nvan de gemeenschap \n\net beskyttelsessystem for \nvarem\u00e6rker i F\u00e6llesskabet \n\nder Schutz nienteinge= \ntragener Kennzeichen \n\nde bescherming van niet-\ningeschreven kentekens \n\nbeskyttelsen af ikke \nregistrerede kendetegn \n\ndie Schutzf\u00e4higkeit der \nangemeldeten Marke be= \nurteilen; \u00fcber die \nSchutzf\u00e4higkeit der an= \ngemeldeten Marke be= \nstimmen \n\ninformatie verkrijgen \n(over de vraag) of het \ngedeponeerde merk voor \nbescherming in aanmerking \nkomt \n\n(indhente oplysninger om) \ndet anmeldte m\u00e6rkes mulig= \nhed for at blive beskyttet \n\n157 -\n\nPE 64. 907 \n\n\f206. prot\u00e9ger \n\nprot\u00e9ger la marque \nau niveau de la \ncommunaut\u00e9 \nM 8/76 \u00ad 25 \n\nles entreprises sou\u00ad\ncieuses de prot\u00e9ger \nleurs marques \nM 8/76 \u00ad 56 \n\n207. provenance \n\nla provenance g\u00e9ogra\u00ad\nphique d'un produit \nM 8/76 \u00ad 29 \n\nla marque indique la \nprovenance des pro\u00ad\nduits aux quels elle \nest li\u00e9e \nM 8/76 \u00ad 11 \n\ntutelare il marchio \na livello comunitario \n\nto provide protection \nfor a trade mark at \nCommunity level \n\nle imprese interessate \nalla tutela del mar\u00ad\nchio \n\nfirms seeking trade \nmark protection \n\nl'origine geografica \ndi un prodotto \n\ngeographical origin \nof a product \n\nil marchio basta (da \nsolo) ad indicare \nl'origine dei prodot\u00ad\nti ad esso collegati \n\nthe trade mark indicates \nthe origin of products \nconnected with it \n\nla fonction d'indica\u00ad\ntion de provenance \nM 8/76 \u00ad 68 \n\nla funzione di certi\u00ad\nficazione dell'ori\u00ad\ngine del prodotto \n\nthe function of the \nmark as an indication \nof origin \n\n208. publication \n\nla publication de \nl'acte \n36,2 \n\nla publication de l'en\u00ad\nregistrement de la \nmarque europ\u00e9enne \n58,a \n\nl'\u00e9change de publica\u00ad\ntions \n60 T \n\n209. publicit\u00e9 \n\nl'usage de la marque \nsur des papiers d'af\u00ad\nfaires ou dans la \npublicit\u00e9 \nM 8/76 \u00ad 107 \n\n210. qualification \n\nune qualification pro\u00ad\nfessionelle sp\u00e9ciale \n153,3a \n\n211. radiation \n\nla radiation des mar\u00ad\nques non exploit\u00e9es \ndu registre communau\u00ad\ntaire des marques \nM 8/76 \u00ad 121 \n\nla radiation des mar\u00ad\nques totalement ou \npartiellement inex\u00ad\nploit\u00e9es \nM 8/76 \u00ad 112 \n\nla pubblicazione del\u00ad\nl'atto \n\npublication of the \ndecision \n\nla pubblicazione della \nregistrazione del mar\u00ad\nchio europeo \n\nto publish the registration \nof the European trade \nmark \n\nlo scambio di pubblica\u00ad exchange of publications \n\u03b6 ion i \n\nl'utilizzazione del \nmarchio su documenti \ncommerciali e nel \nsettore della pubbli\u00ad\ncita \n\nthe use of the trade mark \non business papers or \nin advertising \n\nuna speciale qualifi\u00ad\ncazione professionale \n\nspecial professional \nqualification \n\nl'eliminazione dal \nregistro CEE dei mar\u00ad\nchi non utilizzati \n\nthe removal of unused marks \nfrom the register of EEC \ntrade marks \n\nradiare i marchi to\u00ad\ntalmente o parzial\u00ad\nmente inutilizzati \n\nthe removal of partially \nor totally unused trade \nmarks \n\n158 \n\nPE 64. 907 \n\n\fdie Marke auf Gemein= \nschaftsebene sch\u00fctzen \n\nhet merk op communau \ntair niveau beschermen \n\nbeskytte varem\u00e6rket p\u00e5 \nf\u00e6llesskabsplan \n\n206 211 \n\ndie am Markenschutz \ninteressierten Unter= \nnehmen \n\nde ondernemingen die \nmerkenrechtelijke be \nscherming verlangen \n\nde virksomheder, som \n\u00f8nsker varem\u00e6rkebeskyttelse \n\ndie geographische Her= \nkunft einer Ware \n\nde geografische herkomst en vares geografiske \nvan een produkt \n\nherkomst \n\ndie Marke gibt die Her= \nkunft der mit ihr ver= \nbundenen Erzeugnisse an \n\nhet merk geeft (voor \nvarem\u00e6rket angiver op= \nzich alleen) de herkomst rindeisen af den vare, \nvan de daarmee verbonden som det har tilknytning \nprodukten aan \n\ntil \n\ndie Herkunftsfunktion \nder Marke \n\nde functie als aandui \nding van herkomst van \nhet merk \n\nm\u00e6rkets oprindelsesfunktion \n\ndie Bekanntgabe der \nHandlung \n\nde bekendmaking van de \nhandeling \n\nbekendtg\u00f8relsen af \nhandlingen \n\ndie Bekanntmachung der \nEintragung der europ\u00e4i= \nsehen Marke \n\nde publikatie van de in \nschrijving van het Euro \npese merk \n\nbekendtg\u00f8relsen om \nregistreringen af det \neurop\u00e6iske varem\u00e6rke \n\nder Austausch von Ver= \n\u00f6ffentiichungen \n\nde uitwisseling van \npublikaties \n\nudveksling af publika= \ntioner \n\ndie Benutzung der Marke \nauf Gesch\u00e4ftspapieren \nund in der Werbung \n\nhet gebruik van het \nmerk op zakenpapieren \nen in de reclame \n\nbrug af m\u00e6rket p\u00e5 forret= \nningspapirer og som led i \nreklame \n\neine besondere beruf= \nliehe Bef\u00e4higung \n\neen bijzondere beroeps \nkwalificatie \n\ns\u00e6rlige faglige kvalifi= \nkationer \n\ndie Entfernung unbenutz= \nter Marken aus dem EWG-\nMarken-Register \n\nde verwijdering van \nongebruikte merken uit \nhet EEG-merkenregister \n\nubenyttede m\u00e6rker fjernes \nfra EF-varem\u00e6rkeregistret \n\ndie L\u00f6schung ganz oder \nteilweise nicht benutz= \nter Marken \n\nhet tenietgaan van ge \nheel of ten dele niet \ngebruikte merken \n\nslettelse af helt eller \ndelvis ubenyttede m\u00e6rker \n\n159 \n\nPE 64. 907 \n\n\f212. raison \n\nla raison sociale \n15 \n\n213. rapport \n\nla ragione sociale \n\n(name of the) company \n\nle rapport d'activit\u00e9 \n31,2d \n\nla relazione suil'at- management report \ntivita svolta \n\nles rapports contrac \ntuels de licence \nM 8/76 - 149 \n\ni rapporti che deriva- licensing contracts \nno da un contratto di \nlicenza \n\n214. rapprochement \n\nle rapprochement des \ndroits nationaux des \nmarques \nM 8/76 - 36 \n\n215. recette \n\nconstater la l\u00e9galit\u00e9 \net la r\u00e9gularit\u00e9 des \nrecettes et d\u00e9penses \n95,2 \n\n216. recherche \n\nil ravvicinamento del approximation of \ndiritto interno sui \nmarchi \n\nnational trade mark \nlaws \n\nconstatare la legitti \nmit\u00e0 e la regolarit\u00e0 \ndelle entrate e delle \nspese \n\nto prove the lawful and \nproper manner, of all \nincome and expenditure \n\nentreprendre une \nrecherche d'ant\u00e9riorit\u00e9 \nM 8/76 - 103 \n\nintraprendere la ricer- to carry out a search for \nca di eventuali diritti prior rights \nanteriori \n\n217. r\u00e9ciprocit\u00e9 \n\naccorder la r\u00e9ciprocit\u00e9 \n5,2 - 1\u00e8re V. accordare la recipro- to grant reciprocity \ncita \n\nassurer la r\u00e9cipro \ncit\u00e9 \nM 8/76-57 \n\n218. recours \n\nle recours a un effet \nsuspensif \n92 \n\nsi le recours est fon \nd\u00e9 \n36 \n\nles pr\u00e9tentions sur \nlesquelles le recours \nse fonde \n96 \n\nle recours doit \u00eatre \nform\u00e9 par \u00e9crit au \npr\u00e8s de l'Office euro \np\u00e9en des marques \n94,1 \n\naucun recours ne peut \n\u00eatre form\u00e9 contre. 91,3 \n\nconcedere la reciprc\u2014 to guarantee reciprocity \ncita \n\nil ricorso ha effetto an appeal shall have sus-\nsospensivo \n\npensive effect \n\nse e accertata la fon- if the appeal is \ndatezza del ricorso \n\nwell founded \n\nle pretese su cui si \nfonda il ricorso \n\nthe contentions on which \nthe appeal is based \n\nil ricorso deve essere an appeal must be lodged \npresentato all'Ufficio in writing at the European \neuropeo dei marchi, in Trade Mark Office \nforma scritta \n\nnon pu\u00f2 proporsi ricor- no appeal shall lie \nso contro. against. 160 \n\nPE 64. 907 \n\n\fdie Firma \n\nde handelsnaam \n\nfirmanavn \n\n212 - 218 \n\nder T\u00e4tigkeitsbericht \n\nhet verslag over de \nwerkzaamheden \n\nberetning om virksomheden \n\ndie lizenzvertraglichen \nBeziehungen \n\nde licentieovereenkom= \nsten \n\nlicensaftaler \n\ndie Angleichung des in= \nnerstaatlichen Marken= \nrechts \n\nde harmonisatie van het \nmerkenrecht der Lid-Sta-\nten \n\nden indbyrdes tiln\u00e6rmelse \naf de nationale retssy= \nstemer \n\ndie Rechtm\u00e4\u00dfigkeit und \nOrdnungsm\u00e4\u00dfigkeit der \nEinnahmen und Ausgaben \nfeststellen \n\nde rechtmatigheid en de \nregelmatigheid van de \nontvangsten en uitgaven \nnagaan \n\nkonstatere lovformelig= \nheden og retm\u00e6ssigheden af \nindt\u00e6gter og udgifter \n\neine Recherche nach \n\u00e4lteren Rechten vor= \nnehmen \n\neen onderzoek naar oudere foretage efterforskning \nrechten doen plaatsvinden med hensyn til \u00e6ldre \n\nrettigheder \n\nGegenseitigkeit gew\u00e4hren op basis van wederkerig- indr\u00f8mme gensidighed \n\nheid (toekennen) \n\ndie Gegenseitigkeit ge= de wederkerigheid toe-\nw\u00e4hren \n\nstaan \n\nyde gensidighed \n\ndie Beschwerde hat auf= \nschiebende Wirkung \n\nhet beroep heeft schor \nsende kracht \n\nappellen har ops\u00e6ttende \nvirkning \n\nist die Klage begr\u00fcndet. indien het beroep ge \n\nfindes s\u00f8gsm\u00e5let begrundet \n\ngrond is \n\ndie Antr\u00e4ge, auf die \nsich die Beschwerde \ngr\u00fcndet \n\nde grieven waarop het \nberoep is gegrond \n\nde krav, som er grundlag \nfor appellen \n\ndie Beschwerde ist \nschriftlich beim Euro= \np\u00e4ischen Markenamt ein= \nzulegen \n\nhet beroep moet schrif \ntelijk bij het Europese \nMerkenbureau worden in \ngesteld \n\nappellen skal indgives \nskriftligt til Den Euro= \np\u00e6iske Varem\u00e6rkemyndighed \n\ngegen. ist die Be= \nschwerde nicht zul\u00e4ssig \n\neen. is niet vatbaar \nvoor beroep \n\nafg\u00f8relser. lable. er inappel= \n\n161 \n\nPE 64. 907 \n\n\f218. recours (suite) \n\n\u00eatre comp\u00e9tent pour \nse prononcer sur le \nrecours pour incomp\u00e9 \ntence, violation de \nforme substantielle. 36,1 \n\nle recours doit \u00eatre \nd\u00fbment motiv\u00e9 \n94,1 \n\nun recours en nullit\u00e9 \nd'une marque europ\u00e9en \nne \n116,3 \n\nformer un recours en \nnullit\u00e9 d'une marque \neurop\u00e9enne \n116,3 \n\nle recours est rece-\nvable \n96,1 \n\nconsid\u00e9rer le recours \ncomme recevable et \nfond\u00e9 \n95J \n\nessere competente a \ndecidere i ricorsi \nper incompetenza, vio \nlazione di forme es \nsenziali,. to be empowered to hear \nappeals against decisions \nalleged to be ultra vires, \nviolation of a basic \nprocedural rule \n\nil ricorso deve essere \ndebitamente motivato \n\ngrounds for the appeal \nmust be lodged \n\nun ricorso per nullit\u00e0 action for a declaration \ncontro un marchio euro- of revocation of a \nEuropean trade mark \npeo \n\nproporre contro un mar- to seek a declaration of \nchio europeo un ricor- revocation of a European \nso per nullit\u00e0 \n\ntrade mark \n\nil ricorso e ricevibi \nle \n\nthe appeal is admissible \n\nritenere che il ricor \nso sia ammissibile e \nfondato \n\nto consider the appeal to \nbe admissible and well-\nfounded \n\nle recours est r\u00e9put\u00e9 \nnon avenu \n154,3 \n\nla presentazione del \nricorso si ha per non \navvenuta \n\nthe appeal is deemed \nnot to have been made \n\nl'auteur de recours \n97,1 \n\nentendre l'auteur du \nrecours \n97,1 \n\nl'autore del ricorso \n\nappellant \n\nsentire l'autore del \nricorso \n\nto hear the appellant \n\nla chambre de recours/ la commissione dei \ndes recours \nricorsi \n32,3-49-50,3-51,3-52,3-53-95,2-96,1,2-97-98,1,2,3,4,5,6-\n140,2,3,4-149,1,4 \n\nBoard of Appeal \n\nla chambre de recours la camera dei ricorsi the Board of Appeal shall \nprocede d'office a \nl'examen des faits \n96,1 \n\nexamine the facts on its \nown initiative \n\nprocede d'ufficio \nall'esame dei fatti \n\nla chambre des recours \nstatue sur le recours \nsans audition \n149,4 \n\nla commissione dei \nricorsi decide in me \nrito al ricorso, sen \nza sentire la parte \n\nthe Board of Appeal shall \ndecide on the appeal with \nout a hearing \n\nla d\u00e9cision de la \nchambre de recours \ndoit \u00eatre motiv\u00e9e \n98,5 \n\nla decisione della \ncommissione dei ricor \nsi deve essere moti \nvata \n\nthe decision of the Board \nof Appeal must state the \nreasons on which it is \nbased \n\n- 162 \n\nPE 64. 907 \n\n\fzust\u00e4ndig sein f\u00fcr Kla= \ngen wegen Unzust\u00e4ndig= \nkeit, Verletzung wesent= \nlicher Formvorschriften, \n\nbevoegd zijn uitspraak \nte doen over beroepen \nwegens onbevoegdheid, \nschending van een wezen \nlijk vormvoorschrift,. v\u00e6re kompetent i sager, \nsom anl\u00e6gges p\u00e5 grundlag \naf manglende kompetence, \nkra^nkelse af v\u00e6sentlige \nformforskrifter \n\n218 - 218 \n\ndie Beschwerde ist zu \nbegr\u00fcnden \n\nhet beroep moet met \nredenen omkleed zijn \n\nbegrundelsen for \nappellen \n\neine Klage auf Erkl\u00e4rung \nder Nichtigkeit einer \neurop\u00e4ischen Marke \n\neen verzoek tot nietig \nverklaring van een Euro \npees merk \n\nklage med p\u00e5stand om ugyl= \ndigkendelse af et euro= \np\u00e6isk varem\u00e6rke \n\neine Klage auf Erkl\u00e4rung \nder Nichtigkeit einer \neurop\u00e4ischen Marke er= \nheben \n\neen verzoek tot nietig \nverklaring van een Euro \npees merk indienen \n\nindgive klage med p\u00e5= \nstand om ugyldigkendelse \naf et europ\u00e6isk varem\u00e6rke \n\ndie Beschwerde ist zu= \nl\u00e4ssig \n\nhet beroep is ontvanke \nlijk \n\nappel kan tilstedes \n\ndie Beschwerde f\u00fcr zu= \nl\u00e4ssig und begr\u00fcndet \nerachten \n\nhet beroep ontvankelijk \nen gegrond achten \n\nsk\u00f8nne, at klagen er \ntilstedelig og begrundet \n\ndie Beschwerde gilt als \nnicht eingereicht \n\nhet beroep wordt geacht \nniet te hebben plaatsge \nvonden \n\nappelbeg\u00e6ringen anses \nfor ikke indgivet \n\nder Beschwerdef\u00fchrer \n\ndegene die het beroep \nheeft ingesteld \n\nappellanten \n\nden Beschwerdef\u00fchrer \nh\u00f6ren \n\ndegene die het beroep \nheeft ingesteld horen \n\nforetage afh\u00f8ring af \nappellanten \n\ndie Beschwerdekammer \n\nde kamer van beroep \n\nappelkammer \n\ndie Beschwerdekammer \nerforscht den Sachver= \nhalt von Amts wegen \n\nde kamer van beroep \nonderzoekt de feiten \nambtshalve \n\nappelkammeret unders\u00f8ger \nex officio sagens fakta \n\ndie Beschwerdekammer \nentscheidet \u00fcber die \nBeschwerde ohne Anh\u00f6rung \n\nde kamer van beroep be \nslist over het beroep \nzonder partijen te horen \n\nappelkammeret tr\u00e6ffer \nafg\u00f8relse om appellen \nuden afh\u00f8ring \n\ndie Entscheidung der \nBeschwerdekammer ist \nmit Gr\u00fcnden zu versehen \n\nde beslissing van de \nkamer van beroep moet \nmet redenen zijn omkleed \n\nappelkammerets afg\u00f8relse \nskal ledsages af begrun= \nde Ise \n\n- 163 -\n\nPE 64. 907 \n\n\f218. recours (suite) \n\nla d\u00e9cision de la \nchambre des recours \nstatuant sur un \nrecours \n99,1 \n\nla d\u00e9cision rendue \npar la chambre des \nrecours \n98,6 \n\nla d\u00e9cision sur le \nrecours \n98 \u03a4 \u00ad 149,2 \n\nles d\u00e9cisions suscep\u00ad\ntibles de recours \n91 T \n\nla decisione della \ncommissione dei ricor\u00ad\nsi in ordine al ricorso \n\ndecision of the Board \nof Appeal pronouncing upon \nan appeal \n\nla decisione pronun\u00ad\nciata dalla commissione \ndei ricorsi \n\ndecision of the Board \nof Appeal \n\nla decisione del \nricorso \n\ndecision in respect of \nappeals/on the appeal \n\nle decisioni soggette a decisions subject to \nricorso appeal \n\nd\u00e9f\u00e9rer le recours \u00e0 \nla chambre des recours \nsans a v is sur le fond \n95,2 \n\ntrasmettere il ricorso \nalla commissione dei \nricorsi, senza parere \nsul merito \n\nto remit the appeal to \nthe Board of Appeal with\u00ad\nout comment as to its \nmerit. d\u00e9poser un recours \n154,3 \n\nf a i re d r o it au r e\u00ad\ncours \n95,2 \u00ad 98,2 \n\nfaire d r o it au recours \nen t o ut ou en p a r t ie \n98,3 \n\npresentare un ricorso to lodge an appeal \n\n\u00ad provvedere a rifor\u00ad\nmare la propria de\u00ad\ncisione \n\nto allow the appeal \n\n\u00ad accogliere il ricorso \n\nl'accoglimento totale \no parziale del ricorso \n\nthe appeal is allowable in \nwhole or in part \n\nl es e f f e ts du recours \n92 T \n\ngli effetti del ricor\u00ad\nso \n\neffect of appeals \n\n1'examen du recours \n96 T \n\nl'expos\u00e9 des motifs \ndu recours \n96,2 \n\nformer le recours \n36,2 \n\nl'esame del ricorso \n\nexamination of appeals \n\nla motivazione del \nricorso \n\ngrounds for the appeal \n\nproporre il ricorso \n\nto lodge an appeal \n\nles personnes admises \u00e0 \nformer un recours et \n\u00e0 participer \u00e0 la \nproc\u00e9dure \n93 T \n\ni soggetti ammessi a \nproporre ricorso e a \npartecipare al rela\u00ad\ntivo procedimento \n\npersons entitled to \nappeal and to take part \nin appeal proceedings \n\nle motif du recours \n95,2 \n\nla r\u00e9ception du motif \ndu recours \n95,2 \n\ni motivi di ricorso grounds for the appeal \n\nil deposito dei motivi receipt of the grounds \ndi ricorso for the appeal \n\n164 \u00ad\n\nPE 64. 907 \n\n\fdie Entscheidung der \nBeschwerdekammer, durch kamer van beroep, waar \ndie \u00fcber eine Beschwerde bij over een beroep \nuitspraak is gedaan \nentschieden wird \n\nde beslissing van de \n\nden afg\u00f8relse, appel= \nkammeret tr\u00e6ffer efter \nappel \n\n210 - 218 \n\ndie Entscheidung der \nBeschwerdekammer \n\nde beslissing van de \nkamer van beroep \n\nappelkammerets afg\u00f8relse \n\ndie Entscheidung \u00fcber \ndie Beschwerde \n\nde beslissing over het \nberoep/omtrent het be \nroep \n\nappelafg\u00f8relser \nafg\u00f8relsen i appelsagen \n\nbeschwerde f\u00e4hige Ent= \nScheidungen \n\nvoor beroep vatbare \nbeslissingen \n\nappellable afg\u00f8relser \n\ndie Beschwerde ohne \nsachliche Stellungnahme \nder Beschwerdekammer \nvorlegen \n\nhet beroep zonder ad- \nvies ten principale aan til appelkammeret uden \nde kamer van beroep voor- kommentarer \nleggen \n\nhenvise appelbeg\u00e6ringen \n\neine Beschwerde ein= \nreichen \n\n- der Beschwerde abhel= \n\nfen \n\n- der Beschwerde statt= \n\ngeben \n\nder Beschwerde ganz \noder teilweise statt= \ngeben \n\neen beroep instellen \n\nindgive klage \n\nde beslissing, waarvan \nberoep, herzien \nhet beroep toewijzen \n\n- foretages der revision \n\naf afg\u00f8relsen \n\n- im\u00f8dekomme appelbeg\u00e6= \n\nringen \n\nhet beroep geheel of \ngedeeltelijk toewijzen \n\nhelt eller delvis \nim\u00f8dekomme appellen \n\ndie Wirkung der Beschwer= \nde \n\nhet rechtsgevolg van \nhet beroep \n\nvirkningen af appel \n\ndie Pr\u00fcfung der Be= \nschwerde \n\ndie Beschwerdebegr\u00fcn= \ndung \n\nde onderzoek naar de \ngegrondheid van het be \nroep \n\nde memorie van grieven \n\nappelkamrenes under= \ns\u00f8gelser \n\nbegrundelsen for \nappellen \n\nKlage erheben \n\nberoep instellen \n\nanl\u00e6gge sag \n\ndie Beschwerdeberechtig= \nten \n\nde partijen bij de be \nroepsprocedure \n\nappelberettigede \n\ndie Beschwerdebegr\u00fcn= \ndung \n\nde gronden voor \nberoep \n\nhet \n\nbegrundelsen for appellen \n\nder Eingang der Be= \nschwerdebegr\u00fcndung \n\nde ontvangst van de \ngronden voor het beroep \n\nindsendelsen af begrundelsen \nfor appellen \n\n165 \n\nPE 64. 907 \n\n\f218. recours (suite) \n\nmotiver un recours \n141,2 \n\nla motivazione del \nricorso \n\nto file the grounds of an \nappeal \n\nla perte d'un moyen \nde recours \n142,1 \n\nla preclusione di un \nmezzo di ricorso \n\nloss of means of redress \n\nfaire l'objet d'un \nrecours \n91,2,4 \n\nla proc\u00e9dure de re\u00ad\ncours \n93 \u00ad 149,1 \n\nles frais de la pro\u00ad\nc\u00e9dure de recours \n149 \u03a4 \n\n\u00eatre parties a la pro\u00ad\nc\u00e9dure de recours \n93 \n\nessere oggetto di \nricorso \n\nto be the subject of an \nappeal \n\nil procedimento di \nricorso \n\nappeal proceedings \n\nle spese del procedi\u00ad costs in appeal \nmento di ricorso proceedings \n\nessere parti del pro\u2014 to be parties to the \ncedimento di ricorso appeal proceedings \n\nrejeter le recours \ncomme non fond\u00e9 \n98,2 \n\nrigettare il ricorso to dismiss the appeal \ndichiarandone 1'infon\u00ad as unfounded \ndatezza \n\nla r\u00e9plique au recours \n96,2 \n\nretirer le recours \n149,2 \n\nla replica al ricorso reply to the appeal \n\nil ritiro del ricorso to withdraw the appeal \n\nstatuer sur le re\u00ad\ncours sans audition \n149,4 \n\ndecidere in merito al to decide on the appeal \nricorso senza sentire without a hearing \nla parte \n\n\u00eatre comp\u00e9tent pour \nstatuer sur les re\u00ad\ncours exerc\u00e9s contre \n\n53,1 \n\n\u00eatre susceptible de re\u00ad\ncours \n91,1 \n\nla taxe de recours \n94,2 \u00ad 95,1 \u00ad 149,1 \n\ndecidere i ricorsi pre\u00ad to be responsible for \nsentati contro. decisions on appeal \n\nfrom. essere soggetto a \nricorso \n\nan appeal shall lie \nfrom. la tassa di ricorso fee for appeal \n\n219. r\u00e9cuser \n\nr\u00e9cuser les membres \ndes chambres des re\u00ad\ncours ou des chambres \ndes annulations \n139,3 \n\nricusare i membri \ndelle commissioni dei \nricorsi o delle com\u00ad\nmissioni degli annul\u00ad\nlamenti \n\nto object to members of \nthe Boards of Appeal or \nRevocation Boards \n\n\u00ad 166 \n\nPE 64. 907 \n\n\fdie Begr\u00fcndung einer \nBeschwerde \n\neen beroep met redenen \nomkleden \n\n218 - 219 \n\nbegrundelse for appel \n\nder Verlust eines \nRechtsmittels \n\nhet verlies van de \nmogelijkheid een rechts \nmiddel in te stellen \n\nfortabelse af et rets= \nmiddel \n\nanfechtbar sein \nmit der Beschwerde an= \nfechtbar sein \n\ndas Beschwerdeverfahren \n\nberoep instellen \nberoep is mogelijk \n\nblive p\u00e5klaget \n\nde behandeling in be- appelsagen \nroep \nde procedure in beroep \n\ndie Kosten in Beschwerde= de kosten van de proce-\nverfahren \n\ndure in beroep \n\nomkostninger i appelsager \n\nam Beschwerdeverfahren \nbeteiligt sein \n\npartij zijn bij de \nbehandeling in beroep \n\ndeltage i appelsagen \n\ndie Beschwerde als un= \nbegr\u00fcndet zur\u00fcckweisen \n\nhet beroep als ongegrond afsl\u00e5 (appel) beg\u00e6ringen \nverwerpen \n\nsom ubegrundet \n\ndie Erwiderung auf die \nBeschwerde \n\nhet antwoord op de \nmemorie van grieven \n\nsvarskriftet \n\ndie Beschwerde zur\u00fcck= \nnehmen \n\nhet beroep intrekken \n\n\u00fcber die Beschwerde \nohne Anh\u00f6rung entschei= \nden \n\nover het beroep beslis \nsen zonder partijen te \nhoren \n\ntr\u00e6kke appelbeg\u00e6ringen \ntilbage \n\ntr\u00e6ffe afg\u00f8relse om \nappellen uden afh\u00f8ring \n\nf\u00fcr die Entscheidung \n\u00fcber Beschwerden gegen. zust\u00e4ndig sein \n\nuitspraak doen over \nelk beroep tegen. under appelkamrene hen= \nh\u00f8rer klager over. gegen. findet die \nBeschwerde statt \n\ntegen. kan beroep \nworden ingesteld \n\n[afg\u00f8relser) kan p\u00e5klages \n\ndie Beschwerdegeb\u00fchr \n\nappelafgift \n\nde taks voor beroep \nde voor het instellen \nvan het beroep betaal \nde taks \nde taksen voor het be \nroep \n\ndie Mitglieder der Be= \nschwerdekammern oder der van beroep of van de \nNichtigkeitskammern ab= nietigheidskamers wra-\nlehnen \n\nde. leden van de kamers \n\nken \n\n(enhver part, der mener at) \net medlem af et appelkam= \nmer eller et annullations= \nkammer er inhabilt, kan \ng\u00f8re indsigelse mod hans \ndeltagelse i sagens behand= \nling \n\n167 \n\nPE 64. 907 \n\n\f220. r\u00e9f\u00e9rence \n\nau cas o\u00f9 la marque \nprot\u00e9g\u00e9e est utilis\u00e9e \na titre de r\u00e9f\u00e9rence \nou dans d'autres buts \nd\u00e9loyaux \nM 8/76 \u00ad 2 \n\nnell'ipotesi in cui il \nmarchio protetto viene \nutilizzato a scopo \nimitativo o per altri \nscopi illeciti \n\nin the case where the \nprotected trade mark is \nused for the purpose of \nattaching references or \nmaking comparisons or for \nother unfair purposes \n\n221. refus \n\nl'examen relatif aux \nmotifs de refus abso\u00ad\nlus (de la demande) \n72 T \n\nla nullit\u00e9 de la mar\u00ad\nque communautaire pour \ndes motifs de refus \nabsolu \nM 8/76 \u00ad 131 \n\nle refus de la marque \n11,1 \n\n222. r\u00e9gime \n\nle r\u00e9gime applicable \naux autres agents \n33,3 \u00ad 34 \n\n223. registre \n\nle registre communau\u00ad\ntaire des marques \nM 8/76 \u00ad 112 \n\nle registre europ\u00e9en \ndes marques \n57 T \u00ad 57,2 \n\nle registre europ\u00e9en \ndes marques est ouvert \n\u00e0 la consultation pu\u00ad\nblique \n57,2 \n\nl'inscription au re\u00ad\ngistre europ\u00e9en des \nmarques \n23,5 \u00ad 29,4 \u00ad 109. 2 \n\nl'esame relativo ai \nmotivi assoluti di \u00ad\nrifiuto \n\nexamination for absolute \nobstacles to registration \n\nla nullit\u00e0 del marchio \nCEE per motivi assoluti \ndi rifiuto \n\nthe invalidity of the \nEEC trade mark because \nof absolute grounds of \nrefusal \n\nil rifiuto del marchio refusal of the mark \n\nil regime applicabile \nagli altri dipendenti \n\nconditions of service \nfor other employees \n\nil registro dei mar\u00ad\nchi CEE \n\nthe EEC trade mark \nregister \n\nil registro europeo \ndei marchi \n\nRegister of European \nTrade Marks \n\nil registro europeo \ndei marchi e aperto \nal pubblico \n\nthe Register of European \nTrade Marks shall be \nopen to public inspection \n\n1'iscrizione nel re\u00ad\ngistro europeo dei \nmarchi \n\nto record/to make entries/to enter \nin the Register of European \nTrade Marks \n\nun extrait de l'ins\u00ad\ncription de la marque \neurop\u00e9enne au registre \neurop\u00e9en des marques \n121. 3 \u00ad 124,1 \u00ad 129,2 \n\nun estratto della re\u00ad\ngistrazione del mar\u00ad\nchio nel registro eu\u00ad\nropeo dei marchi \n\nan extract from the \nRegister of European Trade \nMarks relating to the \nregistration of the Euro\u00ad\npean Trade Mark \n\nl'inscription de la \nnotification dans le \nregistre europ\u00e9en des \nmarques \n170,3 \n\nl'iscrizione della \n\ncomunicazione(rela\u00ad\ntiva alla modifica\u00ad\nzione) nel registro \neuropeo dei marchi \n\n\u25a0 \n\nregistration of the reference \nin the Register of European \nTrade Marks \n\n\u00ad 168 \n\nPE 64. 907 \n\n\fim Falle, in dem die ge= in geval dat het be \nsch\u00fctzte Marke zur an= \nschermde merk wordt ge \nlehnenden Bezugnahme oder bruikt voor aanhakende \nzu sonstigen unlauteren referentie of voor an \nzwecken benutzt wird \n\ndere oneerlijke doe \nleinden \n\ni tilf\u00e6lde, hvor det be= \nskyttede m\u00e6rke benyttes \nsom falsk reklame eller \ntil andre uretm\u00e6ssige \nform\u00e5l \n\n220 - 223 \n\ndie Pr\u00fcfung auf absolu= \nte Eintragunshindernisse \n\nhet onderzoek naar ab \nsolute weigeringsgron \nde n \n\ngranskning vedr\u00f8rende \nabsolutte hindringer \n\ndie Nichtigkeit der EWG-\nMarke wegen absoluter \nEintragungshindernisse \n\nde nietigheid van het \nEEG-merk wegens absolu \nte weigeringsgronden \n\nEF-m\u00e6rkets ugyldighed \np\u00e5 grund af absolutte \nhindringer for regi= \nstrering \n\ndie Zur\u00fcckweisung der \nMarke \n\nde weigering van het \nmerk \n\net varem\u00e6rke, hvis regi= \nstrering afsl\u00e5s \n\ndie Besch\u00e4ftigungsbe= \ndingungen f\u00fcr die son= \nstigen Bediensteten \n\nde regeling voor de \noverige personeelsleden \n\nbestemmelser om ans\u00e6ttelsesbetin= \ngelserne for andre funktion\u00e6rer \nans\u00e6ttelsesbetingelserne for de \n\u00f8vrige funktion\u00e6rer \n\ndas EWG-Markenregister \n\nhet EEG-merkenregister \n\nEF-varem\u00e6rkeregisteret \n\ndas europ\u00e4ische Marken= \nregister \n\nhet Europese merken \nregister \n\ndet europ\u00e6iske varem\u00e6rke= \nregister \n\njedermann kann in das \neurop\u00e4ische Markenre\u00bb \ngister Einsicht nehmen \n\nhet Europese merken \nregister ligt voor \niedereen ter inzage \n\ndet europ\u00e6iske varem\u00e6rke= \nregister er offentligt \ntilg\u00e6ngeligt \n\n- die Eintragung in das \neurop\u00e4ische Markenre= \ngister \n\n- in das europ\u00e4ische \n\nMarkenregister eintra= \ngen \n\nde inschrijving in het \nEuropese Merkenregister \n\nregistreringen/registreringerne \ni det europ\u00e6iske varem\u00e6rke= \nregister \n\nein Auszug aus dem euro= \np\u00e4ischen Markenregister \n\u00fcber die Eintragung der \neurop\u00e4ischen Marke \n\neen uittreksel van de \ninschrijving van het \nEuropese merk in het \nEuropese merkenregister \n\nen u d s k r i ft af d et euro= \np\u00e6iske varera\u00e6rkeregister \nvedr\u00f8rende d et europ\u00e6iske \nvarem\u00e6rke \n\ndie Eintragung des Hin= \nweises im europ\u00e4ischen \nMarkenregister \n\nde mededeling in het \nEuropese Merkenregister \naantekenen \n\nregistreringen af henvis= \nningen i det europ\u00e6iske \nvarem\u00e6rkeregister \n\n169 \n\nPE 64. 907 \n\n\f22 3. registre (suite) \n\ninscrire au registre \neurop\u00e9en des marques/ \ninscrire dans le regi\u00ad\nstre europ\u00e9en des mar\u00ad\nques \n23,3\u00ad69,3\u00ad102\u00ad107\u00ad\n108,3\u00ad109,2\u00ad128,2\u00ad\n154,4\u00ad170,2 \n\ninserire dans le re\u00ad\ngistre europ\u00e9en des \nmarques les marques \nnationales \n181 \n\ninscrire une licence \nau registre europ\u00e9en \ndes marques \n130,3 \n\nla marque europ\u00e9enne \nest inscrite au regi\u00ad\nstre europ\u00e9en des mar\u00ad\nques \n88\u00ad89 \n\nune personne inscrite \nau registre europ\u00e9en \ndes marques \n129,2 \u00ad162,2 \n\nporter la renoncia\u00ad\ntion au registre euro\u00ad\np\u00e9en des marques \n127,2 \n\nune section sp\u00e9ciale \ndu registre europ\u00e9en \ndes marques \n169 \n\niscrivere nel regi\u00ad to record/to enter/to re\u00ad\nstro europeo dei mar\u00ad gister/to note in the \nchi Register of European Trade \nannotare nel registro Marks \neuropeo dei marchi \nfigurare nel registro \neuropeo dei marchi \n\niscrivere nel registro \neuropeo dei marchi i \nmarchi nazionali \n\nto enter national marks in \nthe Register of European \nTrade Marks \n\nregistrare una licenza \nnel registro europeo \ndei marchi \n\nto record a licence in the \nRegister of European \nTrade Marks \n\nil marchio europeo \ne iscritto nel regi\u00ad\nstro europeo dei \nmarchi \nl'iscrizione del mar\u00ad\nchio europeo nel re\u00ad\ngistro europeo dei \nmarchi \n\nthe European trade mark \nshall be entered in the \nRegister of European Trade \nMarks \n\nchi risulta iscritto a person registered/entered \nnel registro europeo in the Register of European \ndei marchi Trade Marks \nuna persona iscritta \nnel registro europeo \ndei marchi \n\niscrivere la rinuncia \nnel registro europeo \ndei marchi \n\nregistration of the \nsurrender in the Register \nof European Trade Marks \n\nuna speciale sezione \ndel registro europeo \ndei marchi \n\na special portion of the \nRegister of European \nTrade Marks \n\nle registre des marques il registro dei marchi register of European \ncollectives europ\u00e9ennes europei collettivi \n169 \u03a4 \n\ncollective marks \n\n224. r\u00e8glement \n\nle reglement des \nconflits avec des mar\u00ad\nques nationales ant\u00e9\u00ad\nrieures \nM 8/76 \u00ad 99 \n\nle r\u00e8glement d'ex\u00e9cu\u00ad\ntion de la pr\u00e9sente \nconvention \n29,3,6\u00ad64\u00ad66\u00ad98,1\u00ad103\u00ad\n107\u00ad137,1\u00ad141,1\u00ad142,1\u00ad\n144\u00ad146 \n\nla risoluzione dei \nconflitti con i marchi \nnazionali anteriori \n\nthe resolving of conflicts \nwith prior national trade \nmarks \n\nil regolamento di \nesecuzione della pre\u00ad\nsente convenzione \n\nImplementing Regulations \nof/relating to/to this \nConvention \n\n170 \u00ad\n\nPE 64. 907 \n\n\fin das europ\u00e4ische \nMarkenregister eintra= \ngen \nim europ\u00e4ischen Marken= \nregister vermerken \nim europ\u00e4ischen Marken= \nregister eintragen \n\n223 224 \n\nin het Europese merken- registrere/indf\u00f8re/notere/ \nregister inschrijven \nregistreringen i det euro= \nin het Europese merken- p\u00e6iske varem\u00e6rkeregister \nregister aantekenen \n\ndie nationalen Marken \nim europ\u00e4ischen Marken= \nregister vermerken \n\nde nationale merken in \nhet Europese Merkenre \ngister inschrijven \n\nnotere nationale vare= \nm\u00e6rker i det europ\u00e6iske \nvarem\u00e6rkeregister \n\neine Lizenz im europ\u00e4i= \nschen Markenregister ein= Europese merkenregister \ntragen \n\neen licentie in het \n\ninschrijven \n\nregistrere en licens i \ndet europ\u00e6iske varem\u00e6rke= \nregister \n\n- die europ\u00e4ische Marke \n\nwird in das europ\u00e4ische \nMarkenregister einge= \ntragen \n\n- die europ\u00e4ische Marke \nist im europ\u00e4ischen \nMarkenregister einge= \ntragen \n\nein im europ\u00e4ischen \nMarkenregister Einge= \ntragener \n\nhet Europese merk wordt det europ\u00e6iske varem\u00e6rke \ningeschreven in het \nregistreres i det euro= \nEuropese merkenregister p\u00e6iske varem\u00e6rkeregister \nhet Europese merk is \nin het Europese merken \nregister ingeschreven \n\ndegene die in het Euro- den, der er registreret i \npese merkenregister is det europ\u00e6iske varem\u00e6rke= \ningeschreven \neen persoon die in het \nEuropese merkenregister \nis ingeschreven \n\nregister \n\ndie Eintragung des \nVerzichts im europ\u00e4i= \nsehen Markenregister \n\nde afstand in het Europe \nse merkenregister in \nschrijven \n\nregistrere afkaldet i \ndet europ\u00e6iske varem\u00e6rke= \nregister \n\nein besonderer Teil in \ndem europ\u00e4ischen Marken= \nregister \n\neen afzonderlijk deel \nvan het Europese merken \nregister \n\nen s\u00e6rlig afdeling (af) \ndet europ\u00e6iske vare= \nm\u00e6rkeregister \n\ndas Register f\u00fcr euro= \np\u00e4ische Kollektivmarken \n\nhet register voor Euro \npese collectieve merken \n\nregister for europ\u00e6iske \nf\u00e6llesm\u00e6rker \n\ndie L\u00f6sung von Konflik= \nten mit \u00e4lteren natio= \nnalen Marken \n\nde afbakeningsproblemen \nbij conflicten met oude \nre nationale merken \n\nl\u00f8sningen af konflikter \nmed \u00e6ldre nationale m\u00e6rker \n\ndie Ausf\u00fchrungsordnung \nzu diesem Abkommen \n\nhet reglement tot uit \nvoering van deze overeen \nkomst \n\ngennemf\u00f8relsesbestemme1= \nserne til denne konvention/ \nkonventionen \n\n171 \n\nPE 64. 907 \n\n\f224. reglement (suite) \n\narr\u00eater le reglement \nfinancier \n48 \n\nstabilire il regola \nmento finanziario \n\nto determine the \nFinancial Regulations \n\nle r\u00e8glement de la \nmarque \n166 \u03a4 \u00ad 172,1\u00ad172,2 \n\nil regolamento del \nmarchio/sul marchio \n\nregulations as to the \nuse of the (collective) \nmarks \n\nla consultation du reg\u00ad\nlement de la marque \n171 T \n\npouvoir consulter le \nreglement de la mar\u00ad\nque \n171 \n\n\u00ad la modification du \n\nreglement de la mar\u00ad\nque \n\n\u00ad la modification du \n\nreglement (de la mar\u00ad\nque) \n\n170 T \u00ad 174,1 \n\ntoute notification de \nmodification du regle\u00ad\nment \n170,2 \n\nle reglement relatif \naux taxes pris en ex\u00e9\u00ad\ncution de la pr\u00e9sente \nconvention \n23,3\u00ad37. 2\u00ad77,1\u00ad78,2\u00ad\n80,4\u00ad87,1\u00ad94,2\u00ad101,2\u00ad\n104\u00ad149,1 \n\nun usage contraire au \nr\u00e8glement \n166 \n\n2 2 5. r g q ^ m e f l t t U o\" \n\nla r\u00e9glementation \nde\u00b7 marques \nM 8/76\u00ad68 \n\n226. r\u00e7jet \n\nle rejet des demandes \nde marques \nM 8/76 \u00ad 74 \n\nla consultazione del \nregolamento del marchio \n\ninspection of the regula\u00ad\ntion (of the mark) \n\npoter consultare il \nregolamento del mar\u00ad\nchio \n\nmay inspect the regula\u00ad\ntions \n\nla modificazione del \nregolamento del mar\u00ad\nchio \nadeguare il regola\u00ad\nmento (del marchio) \na. change in the regulations \n(of the mark) \n\nogni comunicazione \nrelativa a una modi\u00ad\nfica del regolamento \n\nall references to changes \nin the regulations \n\nil regolamento relativo \u00ad Regulations/Rules concern\u00ad\nalle tasse, adottato in \nesecuzione della pre\u00ad\nsente convenzione \n\ning fees made pursuant \nto this Convention \n\n\u00ad Rules relating to fees \n\nadopted pursuant to this \nConvention \n\nun uso contrario al \nregolamento \n\nuse contrary to the \nregulations \n\nla disciplina in \nmateria di marchi \n\nthe regulation of trade mark \nlaw \n\nil rifiuto di registra\u00ad refusal of trade \nzione dei marchi mark applications \n\n227. renonciation \n\n1 ' e x t i n c t i on de la l ' e s t i n z i o ne del mar\u00ad\nmarque par r e n o n c i a t i on c h io per r i n u n c ia da \ndu t i t u l a i re p a r te d el t i t o l a re \nM \u03b2/76 \u00ad 33 \n\nthe l a p se of the \nmark in c a s es of \nby the owner \n\nt r a de \ns u r r e n d er \n\n\u00ad 172 \u00ad\n\nPE 6 4. 9 07 \n\n\fdie Haushaltsordnung \nfestlegen \n\nhet financi\u00eble reglement fasts\u00e6tte budgetregle= \nvaststellen \n\nmentet \n\n224 - 227 \n\ndie Markensatzung \n\nhet reglement voor het \nmerk/van het merk \n\nvedt\u00e6gter vedr\u00f8rende \nm\u00e6rket \n\ndie Einsicht in die \nMarkensatzung \n\nde inzage in het regle \nment \n\nadgang til vedt\u00e6gterne \nvedr\u00f8rende m\u00e6rker \n\nin die Markensatzung \nEinsicht gew\u00e4hren \n\nhet reglement kunnen \ninzien \n\n(have) adgang til efter= \nsyn af vedt\u00e6gterne ved= \nr\u00f8rende m\u00e6rker \n\n- die Anderung der Mar= \n\nkensatzung \n\n- eine Satzungs\u00e4nderung \n\n(der Marke) \n\nde wijziging van het \nmerkreglement \neen wijziging van het \nreglement van het merk \n\n- \u00e6ndring af vedt\u00e6gterne \n\nvedr\u00f8rende m\u00e6rker \n- en vedt\u00e6gts\u00e6ndring \n\nein Hinweis auf die \nSatzungs\u00e4nderung \n\niedere mededeling van \neen wijziging van het \nreglement \n\n\u00e6ndringen af vedt\u00e6gterne \n\ndie Geb\u00fchrenordnung zu \ndiesem Abkommen \n\n- het Reglement betref \n\n- det til denne konvention \n\nknyttede a fgiftsregulativ \n\n- afgiftsregulativet til \n\ndenne konvention \n\nfende de verschuldigde \nrechten dat ter uitvoe \nring van deze overeen \nkomst is gemaakt \n\n- het Reglement betref \n\nfende de verschuldigde \ntaksen ter uitvoering \nvan deze overeenkomst \n\neine satzungswidrige \nBenutzung \n\neen met het reglement \nstrijdig begruik \n\nen brug i strid med ved= \nt\u00e6gterne \n\ndie Regelung des Mar= \nkenrechts \n\nde regeling van het \nmerkenrecht \n\nregulering af varem\u00e6rke^ \nretten \n\ndie Zur\u00fcckweisung von \nMarkenanmeldungen \n\nde weigering van aan \nvragen (van merken) \n\nafslag p\u00e5 anmeldelser \n\ndas Erl\u00f6schen der Mar= \nke bei Verzichtseitens \ndes Markeninhabers \n\nhet tenietgaan van het \nmerk \n- door afstand van de \nzijde van de recht \nhebbende \n\n- bij niet-vernieuwing \nvan de inschrijving \nvan het merk \n\nvarem\u00e6rkets oph\u00f8r n\u00e5r \nindehaveren giver afkald \np\u00e5 varem\u00e6rket \n\n- 173 \n\nPE 64. 907 \n\n\f228. renouvellement \n\nla demande de renouvel- la richiesta di rinno-\nlement \n103 \n\nvazione \n\nto apply for renewal \n\nle paiement de taxes \nde renouvellement \nM 8/76 - 112 \n\n229. r\u00e9paration \n\nr\u00e9clamer r\u00e9paration \nde tout dommage subi \npar. 172,1 \n\n230. repr\u00e9sentant \n\nle repr\u00e9sentant (d'un \ntiers) \n12,3 \n\ntout repr\u00e9sentant in \nscrit qui a cess\u00e9 \nd'\u00eatre mandat\u00e9 \n154,4 \n\nd\u00e9signer un repr\u00e9sen \ntant \n25,2 - 77,4 \n\n231. repr\u00e9sentation \n\nassurer une repr\u00e9sen \ntation en mati\u00e8re de \nmarques \n153,1,5 \n\nil pagamento dei dirit- payment of renewal fees \nti di rinnovo \n\nchiedere il risarei- \nmento del danno subito for damages suffered \nda. to demand compensation \n\nby. il rappresentante \n\nrepresentative \n\nogni rappresentante i- the representative whose \nscritto, il cui manda- name is registered and \nto sia venuto a cessare whose power of attorney \n\nor authorization has lapsed \n\nnominare/designare un \nrappresentante \n\nto appoint an agent \n\nessere abilitato alla \nrappresentanza in ma \nteria di marchi \n\nto act as a representative \nin trade mark matters \n\nexercer \u00e0 titre pro \nfessionnel la repr\u00e9 \nsentation en mati\u00e8re \nde marque \n153,3 \n\nrisultare abilitato \nall'esercizio profes \nsionale della rappre \nsentanza in materia \ndi marchi \n\nto act as a professional \nrepresentative in trade \nmark matters \n\nla repr\u00e9sentation \nobligatoire \n154 T \n\nla repr\u00e9sentation \ndevant l'Office euro \np\u00e9en des marques \n153,2 \n\npouvoir assurer la/une \nrepr\u00e9sentation devant \nl'Office europ\u00e9en des \nmarques \n153,2,5 \n\nla rappresentanza ne \ncessaria \n\ncompulsory representation \n\nla rappresentanza pres- representation in proceedings \nso l'Ufficio europeo \ndei marchi \n\nbefore the European Trade \nMark Office \n\npoter assumere la \nrappresentanza pres \nso l'Ufficio europeo \ndei marchi \npoter esercitare le \nproprie funzioni (di \nrappresentanti) da \nvanti all'Ufficio eu \nropeo dei marchi. may undertake the \nrepresentation in pro \nceedings before the \nEuropean Trade Mark Office. may act before the \nEuropean Trade Mark Office \n\nla repr\u00e9sentation des \npersonnes physiques et \nmorales devant l'Office ridiche presso 1'Uffi \neurop\u00e9en des marques \n153,1 \n\ncio europeo dei marchi \n\nla rappresentanza delle representation of natural \npersone fisiche e gi\u00f9- and legal persons in pro \n\nceedings before the \nEuropean Trade Mark Office \n\n- 174 -\n\nPE 64. 907 \n\n\fder Verl\u00e4ngerungsantrag \n\nhet verzoek tot ver \nnieuwing \n\n228 - 231 \n\nbeg\u00e6ring om fornyelse \n\ndie Zahlung von Verl\u00e4n= \ngerungsgeb\u00fchren \n\nde betaling van verlen-\ngingskosten \n\nfornyelsesgebyrer \n\nErsatz des Schadens \nverlangen, der den. entsteht \n\nvergoeding van elke \nschade vorderen welke. mochten lijden \n\nerstatning for den skade, \nder for\u00e5rsages for. der Vertreter \n\nde vertegenwoordiger \n\nrepr\u00e6sentant \n\nder eingetragene Ver= \ntreter, dessen Vertre= \ntungsmacht erloschen ist macht is ge\u00ebindigd \n\niedere ingeschreven ver- den registrerede repr\u00e6= \ntegenwoordiger wiens vol- sentant,hvis bef\u00f8jelser \n\ner oph\u00f8rt \n\neinen Vertreter bestel= \nlen \n\neen vertegenwoordiger \naanstellen \n\nudpege en repr\u00e6sentant \n\ndie Vertretung auf dem \nGebiet des Markenrechts \naus\u00fcben \n\nals vertegenwoordiger \ninzake merken optreden \n\nkunne repr\u00e6sentere/vare= \ntage repr\u00e6sentationen \ni varem\u00e6rkesager \n\ndie berufsm\u00e4\u00dfige Ver= \ntretung auf dem Gebiet \ndes Markenrechts aus= \n\u00fcben \n\nuit hoofde van beroep \nals vertegenwoordiger \ninzake merken optreden \n\nud\u00f8ve faglig repr\u00e6sen= \ntation i varem\u00e6rkesager \n\nder notwendige Vertreter de verplichte vertegen \n\nwoordiging \n\ntvungen repr\u00e6sentation \n\ndie Vertretung vor dem \nEurop\u00e4ischen Markenamt \n\nde vertegenwoordiging \nvoor het Europese Mer \nkenbureau \n\nrepr\u00e6sentation ved Den \nEurop\u00e6iske Varem\u00e6rke= \nmyndighed \n\ndie Vertretung vor dem \nEurop\u00e4ischen Markenamt \nwahrnehmen k\u00f6nnen \n\nkunne ud\u00f8ve repr\u00e6senta= \ntion \n\nde vertegenwoordiging \nvoor het Europese Mar \nkenbureau kan geschie \nden door. bij het Europese Mer \nkenbureau als vertegen \nwoordigers mogen op \ntreden \n\ndie Vertretung nat\u00fcr= \nlicher und juristischer \nPersonen vor dem Euro= \np\u00e4ischen Markenamt \n\nnatuurlijke personen en \nrechtspersonen in de \nprocedure voor het Euro \npese Merkenbureau ver \ntegenwoordigen \n\nrepr\u00e6sentationen af fy= \nsiske og juridiske per= \nsoner ved Den Europ\u00e6iske \nVarem\u00e6rkemyndighed \n\n175 -\n\nPE 64. 907 \n\n\f231. repr\u00e9sentation (suite) \nla repr\u00e9sentation pro \nfessionnelle \n153 T \n\nconfier la repr\u00e9senta \ntion a plusieurs man \ndataires \n155,2 \n\nl'habilitation de re \npr\u00e9sentation \n153,4 \n\n232. requ\u00eate \n\nla requ\u00eate est rece-\nvable \n148,4 \n\nla rappresentanza pro- professional represen-\nfessionale \n\ntatives \n\nconferire il potere di to authorize several \nrappresentanza a vari representatives \nmandatari \n\nl'abilitazione alla \nrappresentanza \n\nentitlement to appear \n\nl'istanza e ammissibile the request is admissible \n\nla requ\u00eate est r\u00e9put\u00e9e \nnon avenue \n154,3 \n\nla presentazione del- the request is deemed \nnot to have been made \nl'istanza si ha per \nnon avvenuta \n\nla requ\u00eate en transfor \nmation \n101 T \n\nd\u00e9poser une requ\u00eate \n154,3 \n\nla richiesta di tras- application for conversion \nformazione \n\npresentare un'istanza \n\nto lodge a request \n\nle d\u00e9p\u00f4t de la requ\u00eate \n153,3b \n\nil deposito della \nrichiesta \n\napplication \n\nformuler/pr\u00e9senter une \nrequ\u00eate \n\u00ceOO, 2 \n\npresentare una richie- to make/submit an \nsta \n\napplication \n\nmotiver une requ\u00eate \n142,3 \n\nmotivare un'istanza \n\nla r\u00e9ception d'une re \nqu\u00eate \n102 \n\nla ricezione di una \nrichiesta \n\nthe application must \nstate the grounds on \nwhich it is based \n\nreceipt of an application \n\nle rejet d'une requ\u00eate \n142. 1 \n\nil rigetto di una \nistanza \n\nrefusal of an application \n\nstatuer sur la requ\u00eate \nsans audition \n148. 4 - 150. 3 \n\n- decidere in merito \nall'istanza, senza \ntrattazione orale \n- decidere sull'istan \nza senza sentire la \nparte \n\nto decide on the application/ \nrequest without a hearing \n\n2 33. responsabilit\u00e9 \n\nla responsabilit\u00e9 per \nsonnelle des agents \n35. 3 \n\nsous sa propre respon \nsabilit\u00e9 \n44,1 \n\nla responsabilit\u00e0 per- personal liability of the \nsonale dei dipendenti \n\nemployees \n\nsotto la propria re- \nsponsabilita \n\non his own responsibility \n\n176 -\n\nPE 64. 907 \n\n\fder berufsm\u00e4\u00dfge Vertreter vertegenwoordiging uit \n\nfaglig repr\u00e6sentation \n\nhoofde van beroep \n\n231 - 233 \n\ndie Vertretung mehreren meer dan \u00e9\u00e9n lasthebber \nBevollm\u00e4chtigten \u00fcber= \ntragen \n\nmet de vertegenwoordiging m\u00e6gtigede repr\u00e6senta= \nbelasten \n\noverdrage flere befuld= \n\ntionen \n\ndie Vertretungsbefugnis \n\nde vertegenwoordigings- \nbevoegdheid \n\nrepr\u00e6sentationsbef\u00f8jel= \nseme \n\nder Antrag ist zul\u00e4ssig het verzoek is ontvan \n\nkelijk \n\nbeg\u00e6ringen kan f\u00f8rst \nfrems\u00e6ttes, n\u00e5r. der Antrag gilt als \nnicht eingereicht \n\nhet verzoek wordt ge \nacht niet te hebben \nplaatsgevonden \n\nbeg\u00e6ringen anses for \nikke indgivet \n\nder Antrag auf Umwand= \nlung \n\nhet verzoek tot omzet \nting \n\nbeg\u00e6ring om overgang \n\neinen Antrag einreichen een verzoek instellen \n\nindgive en beg\u00e6ring \n\ndie Einreichung des \nAntrags \n\nde indiening van het \nverzoek \n\nans\u00f8gningens indgivelse \n\neinen Antrag einreichen \n\neen verzoek indienen \n\nindgive en beg\u00e6ring \n\neinen Antrag begr\u00fcnden \n\neen verzoek met redenen \nomkleden \n\nbegrunde en ans\u00f8gning \n\nder Eingang eines \nAntrags \n\nde ontvangst van een \nverzoek \n\nmodtagelsen af beg\u00e6ring \n\ndie Zur\u00fcckweisung eines \nAntrags \n\nde afwijzing van een \nverzoek \n\nafslag p\u00e5 en ans\u00f8gning \n\n\u00fcber den Antrag ohne \nAnh\u00f6rung entscheiden \n\nover/omtrent het ver \nzoek beslissen zonder \npartijen te horen \n\ntr\u00e6ffe afg\u00f8relse om be= \ng\u00e6ringen uden afh\u00f8ring \n\ndie pers\u00f6nliche Haftung \nder Bediensteten \n\nde persoonlijke aan \nsprakelijkheid van de \npersoneelsleden \n\nfunktion\u00e6rernes personlige \nh\u00e6ftelse \n\nin eigener Verantwortung onder zijn eigen ver-\n\nunder eget ansvar \n\nantwoordelij kheid \n\n177 \n\nPE 64. 907 \n\n\f2 34. ressemblance \n\nla ressemblance que la la somiglianza fra il \nmarque europ\u00e9enne pr\u00e9\u00ad marchio europeo e il \nsente par rapport a la \nmarque ant\u00e9rieure \n124,1 \n\nmarchio anteriore \n\nthe resemblance between \nthe European trade mark \nand the prior trade mark \n\n2 35. ressortissant \n\nle ressortissant \n5,1,2 \u00ad 1\u00e8re v. 236. restitution \n\nla restitution en \nentier \n142 \u03a4 \n\n237. r\u00e9sultat \n\nproduire un r\u00e9sultat \nindustriel \n8,2 \n\n238. r\u00e9vision \n\nla r\u00e9vision de la \nconvention \n185 \u03a4 \n\nla r\u00e9vision pr\u00e9judi\u00ad\ncielle \n95 \u03a4 \n\nla conf\u00e9rence de r\u00e9vi\u00ad\nsion \n185,3 \n\nprendre part aux con\u00ad\nf\u00e9rences de r\u00e9vision \n185,5 \n\n239. saisir \n\nsaisir la Cour euro\u00ad\np\u00e9enne des marques \n161,3 \n\n240. sanction \n\nproposer des sanctions \ndisciplinaires \n31,2 \n\n241. secret \n\n\u00eatre couvert par le \nsecret professionnel \n33,1 \n\n242. section \n\nla section de c o n c i l i a\u00ad\ntion de l ' O f f i ce com\u00ad\nmunautaire des marques \nM 8/76 \u00ad 37 \n\nla cr\u00e9ation d'une \nsection de c o n c i l i a t i on \nM 8/76 \u00ad 99 \n\nil cittadino \n\nnational \n\nla restituzione in \ntermini \n\nreinstatement \n\nprodurre un risultato \nindustriale \n\nto result in a technical \neffect \n\nla revisione della \nconvenzione \n\nrevision of the Conven\u00ad\ntion \n\nla riforma pregiudi\u00ad\nziale \n\ninterlocutory revision \n\nla conferenza di revi\u00ad revision conference \ns ione \n\npartecipare alle con\u00ad\nferenze di revisione \n\nto take part in the \nrevision conferences \n\nrivolgersi alla Corte \neuropea dei marchi \n\nto refer the question to \nthe European Trade Mark \nCourt \n\nproporre sanzioni \ndisciplinari \n\nto propose disciplinary \naction \n\nessere coperto dal \nsegreto professionale \n\nto be a professional \nsecret \n\nl ' a u t o r i t\u00e0 arbitrale \nd e l l ' u f f i c io dei mar\u00ad\nchi CEE \n\nthe Conciliation Board of \nthe EEC Trade Mark Office \n\nl ' i s t i t u z i o ne di un \norgano arbitrale \n\nthe i n s t i t u t i on of a \nConciliation Board \n\n\u00ad 178 \n\nPE 64. 907 \n\n\fdie \u00dcbereinstimmung der de overeenstemming (van det europ\u00e6iske varem\u00e6rkes \neurop\u00e4ischen Marke mit \nder \u00e4lteren Marke \n\nforvekslelighed med det \n\u00e6ldre varem\u00e6rke \n\nhet Europees merk) met \nhet oudere merk \n\n234 - 242 \n\nder Angeh\u00f6rige \n\nde onderdaan \n\nstatsborger \n\ndie Wiedereinsetzung \nin den vorigen Stand \n\nhet herstel in rechten \n\ngenerhvervelse af ret \n\neine technische Wirkung een uitkomst op het ge-\nbied van de mij verheid \nzur Folge haben \nopleveren \n\nhave en teknisk virkning \n\ndie Revision des Ab= \nkommens \n\nde herziening van de \novereenkomst \n\nrevision af konventionen \n\ndie Abhilfe \n\nde prejudici\u00eble her \nziening \n\nrevision af afg\u00f8relser \n\ndie Revisionskonferenz \n\nde herzieningsconferen \ntie \n\nrevisionskon ferencen \n\nan den Revisionskonfe= \nrenzen teilnehmen \n\naan de herzieningscon \nferenties deelnemen \n\ndeltage i revisionskonfe= \nrencerne \n\ndie Anrufung des Euro= \np\u00e4ischen Markengerichts \n\neen vraag aan het Euro- rejse sp\u00f8rgsm\u00e5let over for \npese Merkenhof voorleg- Den Europ\u00e6iske Domstol for \ngen \n\nVar emasrke sager \n\nDisziplinarma\u00dfnahmen \nvorschlagen \n\nvoorstellen doen voor \ndisciplinaire maatrege \nlen \n\nfrems\u00e6tte forslag om \ndisciplinasre foranstalt= \nninger \n\nunter das Berufsge= \nheimnis fallen \n\nonder de geheimhoudings- v\u00e6re underkastet tjenstlig \nplicht vallen \n\nhemmeligholdelsespligt \n\ndie Schiedsstelle des \nEWG-Markenamts \n\nde arbitrale instantie \nvan het EEG-merkenbureau m\u00e6glingsinstans \n\nEF-varem\u00e6rkemyndighedens \n\ndie Einrichtung einer \nSchiedsstelle \n\nde oprichting van een \nscheidsrechterlij ke \ninstantie \n\noprettelsen af en m\u00e6glings= \ninstans \n\n- 179 -\n\nPE 64. 907 \n\n\f242. section (suite) \n\nla section d'examen \n49-50-53,1-54,3-65,4-71,1-72-77,1,chap. iv\u00e8,3\u00e8 sec. 85,1-86,1-87,1,2-91,1-98,4-140,6-148,1,4-M 8/76-103 \n\nla sezione d'esame \n\nexamining section \n\nla section d'examen \nstatue sur la requ\u00eate \nsans audition \n148,4 \n\nla sezione d'esame de \ncide in merito all'i \nstanza, senza tratta \nzione orale \n\nthe examining division/ \nsection shall decide \non the application with \nout a hearing \n\n243. s\u00e9curit\u00e9 \n\nla s\u00e9curit\u00e9 juridique \nM 8/76 - 135- 140 \n\n- la certezza del di \n\nlegal certainty \n\nritto \n\n- la sicurezza giuri \n\ndica \n\ngarantir la plus grande garantire la pi\u00f9 \ns\u00e9curit\u00e9 juridique pos- ampia certezza del \nsible \nM 8/76 - 56 \n\ndiritto \n\nto meet one's need for \nthe greatest possible \ndegree of legal certainty \n\n244. serment \n\nrefuser de d\u00e9poser ou \nde pr\u00eater serment \n140,4 \n\nrifiutare di deporre \no di prestare giura \nmento \n\nto refuse to testify or \nto take an oath \n\ntout faux serment des \nt\u00e9moins \n140,5 \n\n245. service \n\nles services centraux \nde la propri\u00e9t\u00e9 indu \nstrielle \n60,1,2,3-61,3-63-64-\n73-79,1-100,1-102-146 \n\nil giuramento falso \ndei testimoni \n\nany perjury on the part \nof witnesses \n\ni servizi centrali \ndella propriet\u00e0 indu \nstriale \n\ncentrai industriai \nproperty offices/authori \nties \n\nune attestation d\u00e9li \nvr\u00e9e par le service \ncentral de la propri\u00e9 \nt\u00e9 industrielle de \nl'Etat concern\u00e9 \n153,4 \n\nl'opposition des ser \nvices centraux de la \npropri\u00e9t\u00e9 industrielle \n79,1 \n\nla lib\u00e9ralisation des \n\u00e9changes de produits \nde marque et de ser \nvices couverts par des \nmarques \nM 8/76 - 24 \n\nun certificato rila \nsciato dal servizio \ncentrale della proprie \nt\u00e0 industriale dello \nStato di cui trattasi \n\na certificate furnished by \nthe central industrial \nproperty office of the \nsaid state \n\nl'opposizione dei ser \nvizi centrali della \npropriet\u00e0 industriale \n\nthe centrai industriai \nproperty office lodges \nopposition against. la libera circolazione \ndi merci e servizi do \ntati di marchio \n\nestablishment of a free \nmarket for branded goods \nand services bearing trade \nmarks \n\n246. siege \n\navoir son si\u00e8ge \n25,2 - 29,2 \n\navere la sede sociale to have his registered \n\noffice \n\n- 180 -\n\nPE 64. 907 \n\n\fdie Pr\u00fcfungsstelle \n\nde onderzoeksectie \n\ngranskningssektion \n\n242 - 246 \n\ndie Pr\u00fcfungsstelle ent= \nscheidet \u00fcber den An= \ntrag ohne Anh\u00f6rung \n\nde onderzoeksectie be- \nslist over het verzoek \nzonder partijen te horen g\u00e6ringen uden afh\u00f8ring \n\ngranskningssektionen \ntr\u00e6ffer afg\u00f8relse om be= \n\ndie Rechtssicherheit \n\nde rechtszekerheid \n\nretssikkerheden \n\ndem Bed\u00fcrfnis nach \ngr\u00f6\u00dftm\u00f6glicher Rechts= \nSicherheit entsprechen \n\naan de behoeften van een im\u00f8dekomme behovet for \nzo groot mogelijke \nrechtszekerheid beant \nwoorden \n\nst\u00f8rst mulig retssikkerhed \n\ndie Aussage oder die \nEidesleistung verwei= \ngern \n\nweigeren te getuigen \nof de eed af te leggen \n\nn\u00e6gte at afgive forklaring \neller at afl\u00e6gge ed \n\neine Eidesverletzung \neines Zeugen \n\neen meineed van een \ngetuige \n\nen af et vidne aflagt \nfalsk ed \n\ndie Zentralbeh\u00f6rden \nf\u00fcr den gewerblichen \nRechtsschutz \ndie f\u00fcr den gewerbli= \nchen Rechtsschutz zu= \nst\u00e4ndigen Zentralbe= \nh\u00f6rden \n\nde centrale diensten \nvoor de industri\u00eble \neigendom \n\nde centrale myndigheder \nfor beskyttelse af indu= \nstriel ejendomsret \n\neen door de centrale \neine Bescheinigung der \nZentralbeh\u00f6rde f\u00fcr den \ndienst voor de industri \ngewerblichen Rechtsschutz \u00eble eigendom van de des \ndes betreffenden Staates betreffende Staat afge \n\nen erkl\u00e6ring fra den p\u00e5= \ng\u00e6ldende stats centrale \nmyndighed for beskyttelse \naf industriel ejendomsret \n\ngeven verklaring \n\nder Widerspruch der Zen= de oppositie van de cen-\ntralbeh\u00f6rden f\u00fcr den ge= traie diensten voor de \nwerblichen Rechtsschutz \n\nindustri\u00eble eigendom \n\nindsigelse fra de centrale \nmyndigheder for beskyttelse \naf industriel ejendomsret \n\ndie Herstellung des \nfreien Verkehrs von Mar= \nkenwaren und (von) \nDienstleistungen unter \nMarken \n\nhet vrije verkeer van \nmerkartikelen en dien \nsten onder bepaalde mer \nken \n\ngennemf\u00f8relsen af den \nfrie bev\u00e6gelighed for \nm\u00e6rkevarer og tjeneste= \nydelser under et varem\u00e6rke \n\nseinen Sitz haben \n\nzijn plaats van vesti \nging hebben \n\n- have sit s\u00e6de \n- med forretningssted \n\n181 -\n\nPE 64. 907 \n\n\f24 7. signe \n\ndes marques et autres marchi e altri segni \nsignes distinctifs non distintivi non regi\u00ad\nenregistr\u00e9s strati \nM 8/76 \u00ad 65 \n\nunregistered trade marks \nand other signs \n\nla protection des \nsignes distinctifs \nnon enregistr\u00e9s \nM 8/76 \u00ad 95 \n\nla tutela dei contras\u00ad\nsegni non registrati \n\nprotection of \nunregistered signs \n\n1'enregistrement futur \nde signes distinctifs \nM 8/76 \u00ad 73 \n\nla registrazione futu\u00ad\nra di segni distintivi \n\nregistration of \ndistinguishing characte\u00ad\nristics \n\nla marque est consi\u00ad\nd\u00e9r\u00e9e comme un signe \nd'identification \nM 8/76 \u00ad 68 \n\nles signes identiques \n14,2,1\u00e8re \u03bd. un signe ressemblant \n17,1 \n\nl'usage de la marque \nou d'un signe ressem\u00ad\nblant \nM 8/76 \u00ad 106 \n\nl'usage de la marque \nde service ou d'un \nsigne similaire \n177,2 \n\nutiliser la marque ou \nle signe similaire \n177,2 \n\nles signes susceptib\u00ad\nles de distinguer les \nproduits ou les ser\u00ad\nvices du d\u00e9posant de \nceux des tiers \nM 8/76 \u00ad 72 \n\nil marchio in quanto the trade mark as a \nsegno distintivo distinctive sign \n\nsegni identici \n\nidentical marks \n\nun segno simile \n\nsimilar mark \n\nl'utilizzazione del the use of the same or a \nmarchio o di un segno similar trade mark \nsimile \n\nl'uso del marchio di use of the same (service \nservizio o di un segno mark) or a similar mark \nsimile \n\nutilizzare il marchio use of the same or a \no il segno simile similar mark \n\ni segni atti a distin\u00ad\nguere le merci od i \nservizi di chi propone \nla domanda dalle merci \no servizi di altri \n\nthe signs or devices which \nare capable of distinguish\u00ad\ning the goods or services \nof the applicant from those \nof others \n\ndes signes qui sont \nutilis\u00e9s sous une pr\u00e9\u00ad\nsentation (verbale ou \nfigurative) diff\u00e9rente \n14,2,1\u00e8re v. segni che vengono marks which are used in \nutilizzati con una pre\u00ad a different form (figure \nsentazione (verbale o or word) \nfigurativa) diversa \n\nun signe utilis\u00e9 dans \nla vie des affaires \n12,1. b \n\nun segno utilizzato \nnel campo dell'atti\u00ad\nvit\u00e0 economica \n\ndesignation used in \ncommerce \n\nles signes verbaux et \nfiguratifs \nM 8/76 \u00ad 72 \n\nparole e immagini \n\nwords and pictorial \npresentations \n\n182 \u00ad\n\nPE 64. 907 \n\n\fnichteingetragene Marken \nund andere Kennzeichen \n\nniet-geregistreerde \nmerken en andere tekens \n\nm\u00e6rker og andre kendetegn, \nder ikke er registrerede \n\n247 247 \n\nder Schutz nichteinge= \ntragener Kennzeichen \n\nde bescherming van niet-\ningeschreven kentekens \n\nbeskyttelsen af ikke \nregistrerede kendetegn \n\ndie k\u00fcnftige Eintragung \nvon Kennzeichen \n\nde in de toekomst regi-\nstreerbare tekens \n\nkendetegn, der for frem= \ntiden kan registreres \n\nder Begriff der Marke \nals Unterscheidungs= \nzeichen \n\nidentische Bezeichnun= \ngen \n\nhet merk als onderschei \ndingsteken \n\ndefinition af m\u00e6rket \nsom skelnem\u00e6rke \n\nidentieke tekens \n\nidentiske kendetegn \n\neine \u00fcbereinstimmende \nBezeichnung \n\neen (daarmee) overeen \nstemmend teken \n\net forveksleligt kende= \ntegn \n\ndie Benutzung der Marke \noder eines \u00fcbereinstim= \nmenden Zaichens \n\nhet gebruik van het \nmerk of een overeen \nstemmend teken \n\nanvendelsen af m\u00e6rket \neller et tilsvarende \nkendetegn \n\ndie Benutzung der Dienst= het gebruik van het \nleistungsmarke oder einer dienstmerk of van een \n\u00fcbereinstimmenden Be= \nZeichnung \n\novereenstemmend kenteken \n\nbrug af m\u00e6rket for \ntjenesteydelser eller \net forveksleligt kende= \ntegn \n\ndie Marke oder die \u00fcber= het merk of het over-\neinstimmende Bezeichnung eenstemmende kenteken \nbenutzen \n\ngebruiken \n\nbruge m\u00e6rket eller det \nmed dette forvekslelige \nkendetegn \n\nalle Zeichen, die geeig= de tekens die in staat \nnet sind, die Waren oder zijn de waren of dien- \nDienstleistungen des An= sten van de deposant van varer eller tjenesteydel= \nmelders von denen ande= waren of diensten van \nrer zu unterscheiden \n\nm\u00e6rker, der er egnede \ntil at adskille anmelderens \n\nanderen te onderscheiden tjenesteydelser \n\nser fra andres varer og \n\nBezeichnungen, die in \neiner abweichenden \nZeichenform (Bild- und \nWortzeichen) benutzt wer= worden gebruikt \nden \n\ntekens, die in een af \nwijkende verschijnings-\nvorm (in woord en beeld) \n\nkendetegn, der bruges i \nen afvigende form (billed \neller ordm\u00e6rker) \n\neine im gesch\u00e4ftlichen \nVerkehr benutzte Be= \nZeichnung \n\ndie Wort- und Bild= \nzeichen \n\neen in het economisch \nverkeer gebruikt teken \n\nen erhvervsm\u00e6ssigt an= \nvendt ben\u00e6vnelse \n\nwoord- en beeldtekens \n\nord- og billedm\u00e6rker \n\n183 \n\nPE 64. 907 \n\n\f248. signification \n\nla signification de la la notificazione della date of the decision \nd\u00e9cision \n94,1 \n\ndecisione \n\nla signification de la \nd\u00e9cision attaqu\u00e9e \n133,1 \n\nla notificazione della \ndecisione impugnata \n\ndate of the decision \nappealed from \n\n249. signifier \n\nsignifier des d\u00e9ci \nsions et des citations \n146 \n\nnotificare decisioni \ne citazioni \n\nto give notice of all \ndecisions and writs of \nsummons \n\n250. similitude \n\n\"la similitude des \nproduits\" \nM 8/76 - 38 \n\n2 5 1. solde \n\n\" l ' a f f i n i t\u00e0 d ei p r o \nd o t t i\" \n\ns i m i l a r i ty of goods \n\nd\u00e9poser les soldes d i s- depositare i saldi \nponibles aupr\u00e8s des \ndisponibili presso le \ntr\u00e9sors des Etats c o n- tesorerie degli Stati \ntractants \n46,3 \n\ncontraenti \n\nto deposit the available \nbalances with the Treasuries \nof the Contracting States \n\n2 5 2. sommation \n\nune sommation publique una notificazione per \n14 3 \n\npubblici proclami \n\npublic notice \n\n253. statuer \nstatuer \n51,2 - 5 3 ,2 54,2 \n\ndeliberare/decidere \n\nto give a decision \n\nstatuer sur l'action \nen contrefa\u00e7on de la \nmarque europ\u00e9enne \n159,3,5 \n\ndecidere in merito \nall'azione di contraf \nfazione d el marchio \neuropeo \n\nto decide on the claim \nfor infringement of the \nEuropean trade mark \n\nla d\u00e9cision devenue \nd\u00e9finitive par l a q u e l \nle il a \u00e9t\u00e9 statu\u00e9 sur \nl'action en d\u00e9ch\u00e9ance \nou en nullit\u00e9 de la \nmarque europ\u00e9enne \n159,5 \n\nstatuer en premiere \ninstance sur une a c \ntion en d\u00e9ch\u00e9ance ou \nen nullit\u00e9 d'une mar \nque europ\u00e9enne \n132,1 \n\nstatuer sur l'action \nreconventionelle \n(en d\u00e9ch\u00e9ance ou en n u l \nlit\u00e9 de la marque e u r o \np\u00e9enne) \n159,3 \n\nla decisione de fini- \ntiva relativa all'azio- the claim for the declara-\nne di decadenza o di \nnullit\u00e0 del m a r c h io \neuropeo \n\ntion of lapse or revoca-\ntion of the European trade \nmark \n\nthe final decision on \n\npronunciarsi in prima \nistanza sull'azione \ndi decadenza o di n u l \nlit\u00e0 di un marchio \neuropeo \n\nto rule in the first \ninstance on an application \nfor declaration of lapse \nor revocation of a European \ntrade mark \n\ndecidere in m e r i to a l- to decide on the counter-\nl'azione riconvenzionale claim \n\n- 184 \n\nPE 64. 907 \n\n\fdie Zustellung der \nEntscheidung \n\nde beslissing ter kennis meddelelsen om afg\u00f8relsen \nbrengen \n\n248 - 253 \n\ndie Zustellung der an= \nfochtenen Entscheidung \n\nde bestreden beslissing \nbetekenen \n\nforkyndelsen af den \np\u00e5klagede afg\u00f8relse \n\nEntscheidungen und \nLadungen zustellen \n\nbeslissingen en oproepin= forkynde afg\u00f8relser og \ngen betekenen \n\ntilsigelser \n\ndie \"Warengleichartig= \nkeit\" \n\nde \"gelijksoortigheid \nvan waren\" \n\n(produkternes) ensartethed \n\ndie einstweilen nicht \nben\u00f6tigten Mittel werden \nbei den Schatz\u00e4mtern \nder Vertragstaaten hin= \nterlegt \n\nde beschikbare saldi \nworden gedeponeerd bij \nde schatkisten van de \novereenkomstluitende \nStaten \n\ndeponere de disponible \nmidler i de kontraherende \nstaters finanshovedkas= \nser \n\nein Aufgebot \n\neen openbare oproeping \n\nen offentlig indkaldelse \n\ndie Entscheidung \n\nhet nemen van een be \nslissing \n\ntr\u00e6ffe afg\u00f8relse \n\ndie Entscheidung \u00fcber \ndie Klage wegen Ver= \nletzung der europ\u00e4i= \nsehen Marke \ndie Entscheidung \u00fcber \ndie Verletzungsklage \n\n- de beslissing over de \nvordering inzake in \nbreuk op het Europese \nmerk \n\n- over de vordering in \nzake inbreuk (op het \nEuropese merk) beslis \nsen \n\nafg\u00f8relse af s\u00f8gsm\u00e5let om \nkr\u00e6nkelse af det europ\u00e6iske \nvarem\u00e6rke \n\ndie rechtskr\u00e4ftige Ent= \nScheidung \u00fcber die Klage \nauf Erkl\u00e4rung des Ver= \nfalls oder der Nichtig= \nkeit der europ\u00e4ischen \nMarke \n\nde onherroepelijke be \nslissing over de vorde \nring tot vervallenverkla \nring of tot nietigver \nklaring van het Europese \nmerk \n\nden endelige afg\u00f8relse \naf s\u00f8gsm\u00e5let om fortabelse \neller ugyldighed af det \neurop\u00e6iske varem\u00e6rke \n\n\u00fcber eine Klage auf Er= \nkl\u00e4rung des Verfalls \noder der Nichtigkeit \neiner europ\u00e4ischen Mar= \nke in erster Instanz ent= van een Europees merk \nscheiden \n\nin eerste aanleg beslis-\nsen over een vordering \ntot vervallenverklaring \nof tot nietigverklaring \n\ni f\u00f8rste instans afg\u00f8re \net s\u00f8gsm\u00e5l om fortabelse \neller ugyldighed af et \neurop\u00e6isk varem\u00e6rke \n\ndie Entscheidung \u00fcber \ndie Widerklage \n\nde beslissing over de \nvordering in reconventie m\u00e5let \n\nafg\u00f8relsen af kontras\u00f8gs= \n\n185 \n\nPE 64. 907 \n\n\f253. statuer (suite) \n\nla d\u00e9cision de la \nchambre des annula \ntions statuant sur un \nappel \n138,1 \n\n\u00eatre comp\u00e9tent pour \nstatuer sur les appels \ncontre. 54,1 \n\nla decisione della \ncommissione degli \nannullamenti in ordine \nall' appello \n\ndecision by the Revocation \nBoard pronouncing upon \nan appeal \n\ndecidere in merito \nagli appelli contro \n\nto be responsible for \ndeciding on appeal \nfrom. la chambre des annula- la commissione degli \ntions peut statuer con- annullamenti pu\u00f2 pro-\nform\u00e9ment a la demande nunciarsi conformemen-\n137,4 \n\nte alla domanda \n\nthe Revocation Board \nmay decide on the applica \ntion \n\nla chambre des annula- la commissione degli \ntions statue elle-m\u00eame annullamenti decide \n137, 3 \n\nessa stessa \n\nthe Revocation Board \nwill decide the case \nitself \n\n\u00eatre comp\u00e9tent pour \nstatuer sur tout liti \nge entre. 34 \n\nessere competente per \nogni controversia fra \n\nto have jurisdiction \nin any desputes between \n\nla d\u00e9cision de la cham- la decisione della \ndecision of the Board \nbre de recours statuant commissione dei ricorsi of Appeal pronouncing \nin ordine al ricorso \nsur un recours \n99,1 \n\nupon an appeal \n\nstatuer sur le recours \nsans audition \n149,4 \n\ndecidere in merito al to decide on the appeal \nricorso senza sentire without a hearing \nla parte \n\n\u00eatre comp\u00e9tent pour \nstatuer sur les recours presentati contro. exerc\u00e9s contre. 53,1 \n\ndecidere i ricorsi \n\nto be responsible for \ndecisions on appeal \nfrom. statuer sur la requ\u00eate \nsans audition \n148,4 - 150,3 \n\ndecidere in merito \nall' istanza, senza \ntrattazione orale \ndecidere sull'istanza \nsenza sentire la parte \n\nto decide on the \napplication/request \nwithout a hearing \n\nla Cour europ\u00e9enne des \nmarques est comp\u00e9tente \npour statuer \u00e0 titre \npr\u00e9judiciel \n161,1 \n\nstatuer \u00e0 l'unanimit\u00e9 \n186,1 - 187. 1 \n\ndemander \u00e0 la Cour \neurop\u00e9enne des marques \nde statuer \n161. 2 \n\nla Corte europea dei \nmarchi \u00e8 competente a Court shall have juris-\ndecidere in via pregiu- diction to render an inter-\ndiziale \n\nthe European Trade Mark \n\nlocutory decision \n\ndecidere all'unanimit\u00e0 unanimous decision \n\ndomandare alla Corte \neuropea dei marchi di \npronunciarsi \n\nto request the European \nTrade Mark Court to render a \ndecision \n\n- 186 \n\nPE 64. 907 \n\n\fdie Entscheidung der \nNichtigkeitskammer, \ndurch die \u00fcber eine Be= \nrufung entschieden wird \n\nde beslissing van de \nnietigheidskamer, waar \nbij is beslist over een \nhoger beroep \n\n253 253 \n\nannullationskammerets \nafg\u00f8relse i en appelsag \n\nf\u00fcr die Entscheidung \n\u00fcber Berufungen gegen. zust\u00e4ndig sein \n\nuitspraak doen over elk under. henh\u00f8rer af= \nberoep tegen. g\u00f8relser i appelsager \n\ndie Nichtigkeitskammer \nkann entsprechend dem \nAntrag entscheiden \n\nde nietigheidskamer \nkan overeenkomstig de \neis beslissen \n\nannullationskammeret \nkan afg\u00f8re sagen efter p\u00e5= \nstanden \n\ndie Nichtigkeitskammer \nentscheidet selbst \n\nde nietigheidskamer geeft annullationskammeret \nzelf een beslissing \n\ntr\u00e6ffer selv afg\u00f8relse \ni sagen \n\nf\u00fcr alle Streitsachen \nzwischen. zust\u00e4ndig \nsein \n\nbevoegd zijn te beslis \nsen over elk geschil \ntussen. v\u00e6re kompetent i alle \nsager ang\u00e5ende tvistig= \nheder mellem. die Entscheidung der Be= \nschwerdekammer, durch \ndie \u00fcber eine Beschwerde \nentschieden wird \n\nde beslissing van de \nkamer van beroep, waar \nbij over een beroep uit \nspraak is gedaan \n\nden afg\u00f8relse, appelkam= \nmeret tr\u00e6ffer efter appel \n\n\u00fcber die Beschwerde \nohne Anh\u00f6rung entschei= \nden \n\nf\u00fcr die Entscheidung \n\u00fcber Beschwerden gegen. zust\u00e4ndig sein \n\nover het beroep beslissen tr\u00e6ffe afg\u00f8relse om appel= \nzonder partijen te horen len uden afh\u00f8ring \n\nuitspraak doen over elk under \nberoep tegen. over \n\nhenh\u00f8rer klager \n\n\u00fcber den Antrag ohne \nAnh\u00f6rung entscheiden \n\nover/omtrent het ver \nzoek beslissen zonder \npartijen te horen \n\ntr\u00e6ffe afg\u00f8relse om be= \ng\u00e6ringen uden afh\u00f8ring \n\ndas Europ\u00e4ische Marken= \ngericht entscheidet im \nWege der Vorabentschei= \ndung \n\nhet Europese Merkenhof \nis bevoegd een preju \ndici\u00eble beslissing te \ngeven \n\nDen Europ\u00e6iske Domstol \nfor Varem\u00e6rkesager er \nkompetent til at afg\u00f8re \nsp\u00f8rgsm\u00e5l \n\neinstimmig beschlie\u00dfen \n\nmet eenparigheid van \nstemmen beslissen \n\ntr\u00e6ffe beslutning ved \nenstemmighed \n\ndem Europ\u00e4ischen Marken= \ngericht eine Frage zur \nEntscheidung vorlegen \n\nhet Europese Merkenhof \nverzoeken een beslissing \nte geven \n\nanmode Den Europ\u00e6iske \nDomstol for Varem\u00e6rkesager \nom at tr\u00e6ffe afg\u00f8relse \n\n- 187 -\n\nPE 64. 907 \n\n\f254. statut \n\narr\u00eater le statut det \nfonctionnaires \n33,3 - 34 \n\n255. syst\u00e8me \n\nle syst\u00e8me communau \ntaire/europ\u00e9en des \nmarques \nM 8/76 - 2,3,5 \n\nle syst\u00e8me communau \ntaire de protection \ndes marques \nM 8/76 - 25 \n\nstabilire lo statuto \ndei funzionari \n\nto determine the regula \ntions for officials \n\nil regime comunitario/ - community trade mark law \neuropeo dei marchi \n\n- EEC trade mark for the \n\nCommon Market \n\nil regime comunitario the community system for \ndi protezione dei mar- the protection of trade \nchi \n\nmarks \n\ndes marques soumises a marchi provenienti \ndes syst\u00e8mes juridiques da ordinamenti giuri-\ndiff\u00e9rents \nM 8/76 - 30 \n\ndici diversi \n\ntrade marks under different \nlegal systems \n\n256. taxe \n\nla taxe \n23,3 \n\nla tassa \n\nfee \n\nla taxe par classe \n65,2,3,4 \n\nla tassa per classe \ndi prodotto \n\nclass fee \n\nla taxe de d\u00e9p\u00f4t \n65,2,3,4 \n\nla tassa di deposito \n\napplication fee \n\n- les taxes prescrites \npour l'enregistrement \n\n- les taxes d'enregi \n\nstrement \n\n87. 1,2 \n\nle tasse prescritte \nper la registrazione \nle tasse per la re \ngistrazione \n\nfee for the registration \nas prescribed. fee for registration \n\nla taxe d'opposition \n80,4 \n\nla tassa d'opposizione opposition fee \n\nle tasse prescritte/la \nles taxes pr\u00e9vues/la \ntassa prescritta/dal \ntaxe prescrite/par le \nregolamento relativo \nr\u00e8glement relatif aux \ntaxes pris en ex\u00e9cution aile tasse, adottato \nde la pr\u00e9sente conven- in esecuzione della \ntion \np r e s e n te convenzione \n101,2 - 133,3 - 147,3 -\n162,5 \n\nfee p r e s c r i b ed in/by the \nRules r e l a t i ng to fees \nadopted pursuant to \nConvention \n\nt h is \n\nl es t a x es de publica \nt i on et d'impression \n77,3 \n\nla taxe de recours \n94,2 - 95,1 - 149,1 \n\nle t a s se per la p u b b l i- fee for p u b l i c a t i on and \ncazione e la stampa \n\np r i n t i ng \n\nla t a s sa di r i c o r so \n\nfee for appeal \n\n188 -\n\nPE 64. 907 \n\n\fdas Statut der Beamten \nerlassen \n\nhet rechtspositiebes \nluit van de ambtenaren \nvaststellen \n\nudf\u00e6rdige reglement for \nembedsm\u00e6ndene \n\n254 - 256 \n\n- das europ\u00e4ische Mar= \n\nkensystem \n\n- ein europ\u00e4isches Mar= \n\nkenrechtssystem \n\n- het Europese merken-\n\n- et europ\u00e6isk varem\u00e6rke= \n\nsysteem \n\nsystem \n\n- het Europese merken-\nrechtelijke systeem \n\n- et europ\u00e6isk retssystem \n\nfor varem\u00e6rker \n\ndas Markenschutzsystem \nder Gemeinschaft \n\nhet systeem van merken-\nrechtelijke bescherming \nvan de gemeenschap \n\net beskyttelsessystem for \nvarem\u00e6rker i F\u00e6llesskabet \n\nMarken aus verschiede= \nnen Rechtsordnungen \n\nmerken uit verschillende varem\u00e6rker, der henh\u00f8rer \nrechtsstelsels \n\nunder forskellige rets= \nsystemer \n\ndie Geb\u00fchr \n\nde taks \n\nafgiften \n\ndie KlassengebUhr \n\nde taks per klasse \n\n- vareafgift \n- klasseafgift \n\ndie Anmeldegeb\u00fchr \n\nde indieningstaks \n\nanmeldelsesafgift \n\ndie Geb\u00fchr f\u00fcr die Ein= \ntragung \n\nde taksen voor de \ninschrijving \n\nregistreringsafgift \n\ndie Widerspruchsgeb\u00fchr \n\nde taks voor oppositie \n\nindsigelsesafgift \n\ndie in der Geb\u00fchrenord= \nnung zu diesem Abkommen \nvorgeschriebenen Geb\u00fch= \nren/vorgeschriebene Ge= \nb\u00fchr \n\nde fastsatte afgifter/ \n\nde taksen vastgesteld/ \nde taks voorgeschreven/ den fastsatte afgift/ \nde taks vastgesteld in \nden afgift, der er fast= \nhet Reglement betreffende sat i afgiftsregulativet \nde verschuldigde taksen \ndat ter/dat tot uitvoer \ning van deze overeen \nkomst is gemaakt \n\ntil denne konvention \n\ndie Geb\u00fchr f\u00fcr die Be= \nkanntmachung und die \nDruckkosten \n\nde taksen voor de open \nbaarmaking en het druk \nken \n\nafgiften for bekendtg\u00f8rel= \nsen og trykningsomkost= \nningerne \n\ndie Beschwerdegeb\u00fchr \n\n- de taks voor het beroep appelafgift \n- de voor het instellen \nvan het beroep betaal \nde taks \n\n189 \n\nPE 64. 907 \n\n\f256. taxe (suite) \n\nle remboursement de la la restituzione della \ntaxe de recours tassa di ricorso \n95,1 \n\nto refund the fee for \nappeal \n\nle versement de la \ntaxe de recours \n94,2 \n\nles taxes de renouvel\u00ad\nlement \n104 \u00ad 105 \n\nl'\u00e9ch\u00e9ance des taxes \nde renouvellement \n105 T \n\nil pagamento della tas\u00ad payment of the fee for \nsa di ricorso appeal \n\nle tasse di rinnova\u00ad\nzione \n\nrenewal fees \n\n\u25a0 \n\nla scadenza delle \ntasse di rinnovazione \n\ndate of payment of \nrenewal fees \n\nle paiement des taxes \nde renouvellement \n105 \u00ad M 8/76 \u00ad 112 \n\nil pagamento delle/dei to pay renewal fees \ntasse/diritti di rinno\u00ad\nvazione \n\nle non\u00adpaiement des \ntaxes de renouvelle\u00ad\nment \n142,2 \n\npercevoir des taxes \n171 \n\n257. t\u00e9moin \n\ntout t\u00e9moin qui n'a \npas comparu \n140,4 \n\n258. territoire \n\nle territoire commer\u00ad\ncial unique \nM 8/76 \u00ad 23 \n\nil mancato pagamento non\u00adpayment of a renewal \ndelle tasse di rinnova\u00ad fee \n\u03b6 ione \n\nriscuotere tasse \n\na fee shall be payable \n\ni testimoni che non \ncompaiono \n\nany witness who fails \nto appear \n\nl'area commerciale \nunitaria \n\nsingle trading area \n\nun droit des marques un diritto dei marchi \napplicable sur l'en\u00ad avente validit\u00e0 in \nsemble du territoire de tutta la Comunit\u00e0 \nla communaut\u00e9 \nM 8/76 \u00ad 16 \n\na system of trade mark \nlaw applicable through\u00ad\nout the territory of the \ncommunity \n\nsur l'ensemble des ter\u00ad\nritoires des Etats con\u00ad\ntractants \n1 \u00ad 2,2 \u00ad 5,1,1\u00e8re \n2*v. \u00ad 13 \u00ad 23,1 \n\nnell'insieme dei \nterritori degli Sta\u00ad\nti contraenti \n+ \u00ad sul territorio di \n\nin/over the entire/whole \nterritory/the whole of the \nterritories of the Contract\u00ad\ning States \n\ntutti gli Stati con\u00ad\ntraenti \n\n\u00ad nel/per il complesso \ndei territori degli \nStati contraenti \n\n\u00ad 190 \u00ad\n\nPE 64. 907 \n\n\fdie Beschwerdegeb\u00fchr zu= \nr\u00fcckzahlen \n\nde voor het instel \nlen van het beroep be \ntaalde taks terugbeta \nlen \n\n256 - 258 \n\ntilbagebetale appelafgiften \n\nde Beschwerdegeb\u00fchr \nentrichten \n\nde betaling van de \ntaks voor beroep \n\nbetale appelafgiften \n\ndie Verl\u00e4ngerungsge= \nb\u00fchren \n\n- de taksen verschul \n\ndigd voor de vernieuw \ning \n\n- de vernieuwingstaksen \n\n- a f g i f t er \n- \n\nfor \nf o r n y e l s e s a f g i f t er \n\nfornyelse \n\ndie F\u00e4lligkeit der Ver= \nl\u00e4ngerungsgeb\u00fchren \n\nde vervaldatum van de \nvernieuwingstaksen \n\nforfaldstid for for= \nnyelsesafgifter \n\n- die Verl\u00e4ngerungsgeb\u00fch= \n\n- de vernieuwingstaksen \n\nren entrichten \n\nbetalen \n\n- die Zahlung von Ver= \nl\u00e4ngerungsgeb\u00fchren \n\n- de betaling van ver-\n\nle ngingskos ten \n\nindbetale fornyelses= \nafgifter/gebyrer \n\ndie Nichtzahlung der \nVerl\u00e4ngerungsgeb\u00fchren \n\nde niet-betaling van \nde vernieuwingstaksen \n\nmanglende betaling af \nfornyelsesafgifter \n\nGeb\u00fchren erheben \n\ntaksen verschuldigen \n\nafkr\u00e6ve a f g i f t er \n\nein Zeuge, der nicht \nerschienen ist \n\nelke getuige die niet \nis versehenen \n\net vidne, der ikke \ner m\u00f8dt \n\ndas einheitliche Handels= \ngebiet \n\nhet uniform handels \ngebied \n\net f\u00e6lles handelsomr\u00e5de \n\nim gesamten Gebiet der \nGemeinschaft geltendes \nMarkenrecht \n\neen merkenrecht dat op \nhet gehele gebied van \nde Gemeenschap geldt \n\nen varem\u00e6rkeret g\u00e6ldende \ninden for F\u00e6llesskabet \nsom helhed \n\nf\u00fcr das gesamte Hoheits= \ngebiet der Vertrags= \nStaaten \n\nop/over het gezamenlij \nke grondgebied van de \novereenkomstsluitende \nStaten \n\ninden for/p\u00e5/for/fra \nde kontraherende staters \nsamlede territorium \n\n- 191 \n\nPE 64. 907 \n\n\f259. territorialit\u00e9 \n\nle principe de la \nterritorialit\u00e9 \nM 8/76 - 111 \n\n260. tiers \n\nil principio della \nterritorialit\u00e0 \n\nprinciple of terri \ntoriality \n\nla priorit\u00e9 vis-\u00e0-vis \ndes droits de tiers \nM 8/76 - 111 \n\nla priorit\u00e0 nei con- \nfronti di diritti dei party rights \nterzi \n\npriority against third \n\n261. titre \n\nformer titre ex\u00e9cu \ntoire \n152,1 \n\nstatuer a titre pr\u00e9 \njudiciel \n161,1 \n\ncostituire titolo \nesecutivo \n\nto be enforceable \ndecisions \n\ndecidere in via pre \ngiudiziale \n\nto render an interlocu \ntory decision \n\ncr\u00e9er des titres de \nprotection unitaires \net autonomes \nM 8/76 - 3 \n\ncreare una tutela \ngiuridica unitaria ed autonomous laws for the \nprotection of industrial \nautonoma \nproperty \n\nto create unitary and \n\nles titres nationaux \nde protection \nM 8/76 - 3 \n\nla tutela offerta dai \nsingoli ordinamenti \nnazionali \n\nnational laws on industrial \nproperty \n\nl'authenticit\u00e9 du \ntitre \n152,2 \n\n262. titulaire \n\nl'autenticit\u00e0 del tito- authenticity of the \nlo \n\ndecision \n\nle titulaire doit \nd\u00e9clarer qu'il a fait \nusage de la marque \nM 8/76 - 112 \n\nil titolare deve \ndichiarare che ha \nutilizzato il marchio \n\nthe owner states that he \nhas used the mark \n\nle droit de titulaires \nde droits ant\u00e9rieurs \u00e0 \ncontinuer l'usage \n123 \n\nil diritto del titolare right of continued use \ndi diritti anteriori di by the proprietor of \ncontinuare nell'uso del prior rights \nmarchio \n\nle titulaire (de la \nmarque) \n2,1 - 12,1,b - 14,1,1\u00e8re v. /2\u00e8 v. - 78,1 - 80,1 - 89 - 108,1e -\n109,2 - 110,1,2,3,4 - 129,2 - 162,2 - 164,2 - 172,1,2 - 173 -\n174,1 - 177,2 \n\nil titolare (del mar- - proprietor \nchio) \n\n- owner \n\nle titulaire d'une \nmarque \nM 8/76 - 15 \n\nle titulaire de la \nmarque ant\u00e9rieure \nM 8/76 - 31 \n\nil titolare del \nmarchio \n\nowner of a trade \nmark \n\nil titolare del mar \nchio anteriore \n\nowner of the original \ntrade mark \n\nsi le titulaire d'une \nmarque ant\u00e9rieure peut \nprouver avoir fait un \nusage s\u00e9rieux de sa \nmarque,. M 8/76 - 98 \n\nse il titolare del \nmarchio anteriore pu\u00f2 \ndimostrare di averlo \nvalidamente utilizza \nto. if the owner of the prior \ntrade mark can show that \nhe has made genuine use \nof his trade mark. - 192 -\n\nPE 64. 907 \n\n\fder Grundsatz der \nTerritorialit\u00e4t \n\nhet beginsel van de \nterritorialiteit \n\nprincippet om territorial \nbegr\u00e6nsning \n\n259 262 \n\ndie Priorit\u00e4t gegen\u00fcber \nRechten Dritter \n\nde prioriteit tegenover \nde rechten van derden \n\nfortrinsretten over for \ntredjemands rettigheder \n\nvollstreckbarer Titel \nsein \n\neen executoriale titel \nvormen \n\nv\u00e6re exigible dokumenter \n\nim Wege der Vorabent= \nScheidung entscheiden \n\neen prejudici\u00eble bes \nlissing geven \n\npr\u00e6judicielt afg\u00f8re \nsp\u00f8rgsm\u00e5l \n\nuniforme en autonome \neinheitliche und auto= \nnorne Schutzrechte schaf= beschermende rechten \nfen \n\nin het leven roepen \n\nindf\u00f8re f\u00e6lles og auto= \nnorne ejendomsrettigheder \n\ndie nationalen Schutz= \nrechte \n\nde nationale bescher \nmende rechten \n\nde nationale ejendoms= \nrettigheder \n\ndie Echtheit des Titels de echtheid van de \n\ndokumentets \u00e6gthed \n\ntitel \n\nder Inhaber mu\u00df erkl\u00e4ren, de rechthebbende moet \nda\u00df er die Marke benutzt verklaren dat hij het \nhat \n\nmerk heeft gebruikt \n\nindehaveren skal erkl\u00e6re, \nat han har brugt m\u00e6rket \n\ndas Weiterbenutzungs= \nrecht der Inhaber \u00e4lterer ting van het gebruik \nRechte \n\nhet recht tot voortzet-\n\ndoor rechthebbenden \u00f3p \noudere rechten \n\nret til fortsat brug \naf \u00e6ldre rettigheder \n\nder (Marken)Inhaber \n\nde rechthebbende (op \nhet merk) \n\nindehaveren \n\nder Markeninhaber \n\nde eigenaar van het \nmerk \n\nvarem\u00e6rkeindehaveren \n\nder Inhaber der \u00e4lteren \nMarke \n\nde houder van het \noudere merk \n\nindehaveren af det \u00e6ldre \nvarem\u00e6rke \n\nwenn der Inhaber einer \n\u00e4lteren Marke nachweisen \nkann, da\u00df er seine Marke \nernsthaft benutzt hat. wanneer de eigenaar van \nhet oudere merk kan be \nwijzen dat hij zijn \nmerk serieus heeft ge \nbruikt. s\u00e5fremt indehaveren af \ndet \u00e6ldre m\u00e6rke kan do= \nkumentere, at han har \nanvendt m\u00e6rket seri\u00f8st \n\n193 \n\nPE 64. 907 \n\n\f262. titulaire (suite) \n\nle titulaire actuel \n(de la marque europ\u00e9en \nne) \n120,1 \n\nil titolare attuale \n\npresent proprietor \n\nl'ancien titulaire (de \nla marque europ\u00e9enne/ \nde la marque collective) \n120,1 - 167 \n\nil titolare precedente previous proprietor \n\nl'opposition de titu \nlaires (de marques) \n80 T \n\nl'opposizione dei \nt itolari \n\nopposition by proprietors \n\n263. tol\u00e9rance \n\nla prescription par \ntol\u00e9rance \nM 8/76 - 28 \n\n264. trait\u00e9 \n\nle Trait\u00e9 concernant \nl'enregistrement des \nmarques (TEM) \nM 8/76 - 42 \n\ndes trait\u00e9s bilat\u00e9raux \nou multilat\u00e9raux \n68, 3 \n\n265. transformation \n\nla transformation de \nmarques nationales an \nt\u00e9rieures en demandes \nde marques communau \ntaires \nM 8/76 - 67 \n\n266. tr\u00e9sor \n\nd\u00e9poser les soldes \ndisponibles aupr\u00e8s des \ntr\u00e9sors des Etats con \ntractants \n46, 3 \n\n267. tribunal \n\nles tribunaux \n61,1,2 - 62,1 \n\ni casi di decadenza \n\ncases of \"Verwirkung\" \n(Germany) \n\nil Trattato per la re- the Trade Mark Registration \ngistrazione dei marchi Treaty (TRT) \n(TRM) \n\ntrattati bilaterali \no multilaterali \n\nbilateral or multilateral \ntreaties \n\nla trasformazione di the conversion of prior \nmarchi nazionali pre- national trade marks \nesistenti in registra- into EEC trade mark \nzioni comunitarie \n\napplications \n\ndepositare i saldi \ndisponibili presso le \ntesorerie degli Stati \ncontraenti \n\nto deposit the available \nbalances with the Treasuries \nof the Contracting States \n\ngli organi giurisdi \nzionali \nle autorita giuri \nsdizionali \n\ncourts \n\nun tribunal national \ncomp\u00e9tent ratione mate-\nriae \n128,3 - 156,2 \n\nun'autorit\u00e0 giudizia- national court competent \nria nazionale competen- ratione materiae \nte per materia \n\nrelever ratione mate \nriae des tribunaux \nnationaux des Etats \ncontractante \n128,1 \n\nle autorit\u00e0 giudizia \nrie nazionali degli \nStati contraenti sono \ncompetenti per materia \n\nto be dealt with by \nthe national courts of \nthe Contracting States \n\n194 -\n\nPE 64. 907 \n\n\fder gegenw\u00e4rtige Inhaber de tegenwoordige recht- den nuv\u00e6rende indehaver \n\nhebbende \n\n262 - 267 \n\nder fr\u00fchere Inhaber \n\nde vroegere rechtheb \nbende \n\nden tidligere indehaver \n\nder Widerspruch der In= \nhaber \n\nde oppositie van de \nrechthebbenden \n\nindsigelser fra indehavere \n\nin F\u00e4llen der Verwirkung de gevallen van verwer- bortfald af rettigheder \n\nking \n\nder \"Trademark Registra= het \"Trademark Registra \ntion Treaty\" (TRT) \n\ntion Treaty\" (TRT) \n\n\"Trademark Registration \nTreaty\" \n\nzwei- oder mehrseitige \nVertr\u00e4ge \n\ntweezijdige of meer-\nzij dige verdragen \n\nbilaterale eller multi= \nlaterale aftaler \n\ndie Umwandlung \u00e4lterer \nnationaler Marken in \nEWG-Anmeldungen \n\nde transformatie van \noudere nationale merken overgang til EF-anmeldel= \ntot EEG-depots \n\n\u00e6ldre nationale m\u00e6rkers \n\nser \n\ndie einstweilen nicht \nben\u00f6tigten Mittel wer= \nden bei den Schatz\u00e4mtern \nder Vertragsstaaten hin= \nterlegt \n\nde beschikbare saldi \nworden gedeponeerd bij \nde schatkisten van de \novereenkomstsluitende \nStaten \n\ndeponere disponible mid= \n1er i de kontraherende \nstaters finanshovedkasser \n\ndie Gerichte \n\nde rechterlijke in= \nstanties \n\ndomstole \n\nein sachlich zust\u00e4ndiges \nnationales Gericht \n\ndie nationalen Gerichte \nder Vertragsstaaten sind \nsachlich zust\u00e4ndig \n\neen nationale absoluut \nbevoegde rechterlijke \ninstantie \neen nationale rechter \nlijke instantie die \nabsoluut bevoegd is \n\nonderworpen zijn aan de \nabsolute rechtsmacht \nvan de nationale rechter \nlijke instanties van de \novereenkomstsluitende \nStaten \n\nen kompetent national \ndomstol \n\nhenh\u00f8re under de natio= \nnaie domstole i de kon= \ntraherende stater \n\n- 195 -\n\nPE 64. 907 \n\n\f268. tromper \n\ntromper le public sur \nla nature ou la pro \nvenance des produits \n11. 1. b \n\ntrarre in inganno il \npubblico dei consuma \ntori sulla natura o \nsulla provenienza dei \nprodotti \n\nto mislead the public as \nto the nature or origin \nof the goods \n\nle consommateur \npourrait \u00eatre induit \nen erreur et tromp\u00e9 \nM 8/76 - 14 \n\nil consumatore protreb=- the consumer might be \nbe essere tratto in \ninganno o in errore \n\nmisled or deceived \n\n269. tromperie \n\nla protection du con \nsommateur contre la \nconfusion, l'erreur et \nla tromperie \nM 8/76 - 25 \n\nles risques de confu \nsion, d'erreur et de \ntromperie \nM 8/76 - 17 \n\nla d\u00e9ch\u00e9ance (de la \nmarque) pour risque de \ntromperie du public \nsurvenu ult\u00e9rieurement \nM 8/76 - 131 \n\n270. unit\u00e9 \n\nl'unit\u00e9 de compte \n46 \n\nla tutela del consuma- protection of consumers \ntore da confusioni, in- from being confused, \ngann\u00ec e frodi \n\nmisled and deceived \n\nconfusioni, inganni e confusion, deception and \nfrodi \n\nmisleading information \n\nla decadenza (del mar \nchio CEE) quando sia \nsubentrato un pericolo \ndi inganno \n\nthe loss by reason of its \nacquiring deceptive character \n(subsequent to the date \nof its registrati on) \n\nl'unita di conto \n\nunit of account \n\nles principes de l'uni- i principi dell'uni- \nt\u00e9 et de l'autonomie \nformit\u00e0 e dell'auto- \nde la marque communau- nomia del marchio comu= mark \ntaire \nM 8/76 - 54-63 \n\nnitario \n\nthe unitary and autonomous \ncharacter of the EEC trade \n\n271. usage \n\nseule une marque uti \nlis\u00e9e ou dont l'usage \nest envisag\u00e9 peut-\u00eatre \nprot\u00e9g\u00e9e \nM 8/76 - 119 \n\npossono essere prot\u00eat- only trade marks which \nti solo i marchi effet- are used or are intended \ntivamente usati o dei to be used may be protected \nquali l'uso sia previ \nsto \n\nl'usage loyal \nM 8/76 - 109 \n\nl'usage d'une marque \nest conc\u00e9d\u00e9 par con \ntrat \u00e0 un tiers (li \ncence) \nM 8/76- 149 \n\nl'usage de la marque \nsur des papiers d'af \nfaires ou dans la \npublicit\u00e9 \nM 8/76 - 107 \n\nl'uso lecito \n\nfair use \n\ncedere in uso un mar \nchio mediante contrat \nto (licenza) \n\na contractual agreement \ngiving a third party the \nright to use a trade mark \n(licence) \n\nl'utilizzazione del \nmarchio su documenti \ncommerciali e nel set \ntore della pubblicit\u00e0 \n\nthe use of the trade mark \non business papers or in \nadvertising \n\n- 196 \n\nPE 64. 907 \n\n\fdie \u00d6ffentlichkeit \u00fcber \ndas Wesen oder die Her= \nkun ft der Waren t\u00e4uschen \n\nhet publiek misleiden \nten aanzien van de aard \nof de herkomst van de \nwaren \n\nvildlede offentligheden \nmed hensyn til varernes \nart eller oprindelse \n\n268 - 271 \n\nder Verbraucher k\u00f6nnte \nirregef\u00fchrt und get\u00e4uscht worden misleid \nwerden \n\nde consument zou kunnen \n\nforbrugeren kunne blive \nvildledt eller tage \nfejl \n\nder Schutz des Verbrau= \nchers vor Verwechslung, \nIrref\u00fchrung und T\u00e4uschung ring en misleiding \n\nde bescherming van de \nconsument tegen verwar-\n\nbeskytte forbrugeren mod \nforveksling, vildled= \nning og fejltagelse \n\nVerwechslung, Irref\u00fchrung verwarring en misleiding forveksling, vildledning \nund T\u00e4uschung \n\neller fejltagelser \n\nder Verfall \nwegen (nachtr\u00e4glich) \neingetretener T\u00e4uschungs= opgetreden) gevaar voor \ngefahr \n\nder Marke het tenietgaan van het \nwerk wegens een (later \n\nmisleiding \n\nf o r t a b e l se af EF-m\u00e6rket \np\u00e5 grund af at der \ni n d t r \u00e6 d er en r i s i ko \nv i l d l e d n i ng \n\ns e n e re \nfor \n\ndie Rechnungseinheit \n\nde rekeneenheid \n\nvalutaenhed \n\ndie Grungs\u00e4tze der Ein= \nheitlichkeit und der \nAutonomie der EWG-Marke \n\nde principes van uni \nciteit en autonomie van \nhet EEG-merk \n\nEF-m\u00e6rkets enhedskarakter \nog autonomi \n\nnur eine benutzte oder \nzur Benutzung vorgese= \nhene Marke kann gesch\u00fctzt merk komt voor bescher\u00ab-\nwerden \n\nalleen een gebruikt of \nvoor gebruik bestemd \n\nming in aanmerking \n\nkun et i brug v\u00e6rende vare= \nm\u00e6rke eller et m\u00e6rke, som \np\u00e5t\u00e6nkes taget i brug, \nkan benyttes \n\nder lautere Gebrauch \n\nhet rechtmatige gebruik \n\nredelig brug \n\neine Marke wird durch \nVertrag einem anderen \nzum Gebrauch \u00fcberlassen \n(Lizenz) \n\neen merk bij overeenkomst et varem\u00e6rke overlades \naan een ander in gebruik ved kontrakt en anden \ngeven (licentie) \n\ntil brug \n\ndie Benutzung der Marke \nauf Gesch\u00e4ftspapieren \nund in der Werbung \n\nhet gebruik van het \nmerk op zakenpapieren \nen in de reclame \n\nbrug af m\u00e6rket p\u00e5 forret= \nningspapirer og som led \ni reklame \n\n- 197 -\n\nPE 64. 907 \n\n\f2 7 1. usage \n\n( s u i t e) \n\nla marque \n\nl ' u s a ge de \nou d ' un s i g ne r e s s e n t- marchio o di un segno \nb l a nt \nM 8/76 - 106 \n\nl ' u t i l i z z a z i o ne d el \n\ns i m i le \n\ni n t e n t er une a c t i on \nla d i c h i a r a-\nr e c o n v e n t i o n n e l le en \nd\u00e9ch\u00e9ance ou en r a d i a- z i o ne di decadenza o la \nt i on de \nd \u00e9 f a ut d ' u s a ge \nM 8/76 - 123 \n\nla marque pour c a n c e l l a z i o ne d el marchio \np er mancata u t i l i z z a z i o ne \n\nc h i e d e re \nv e n z i o n a le \n\nin v ia \n\nr i c o n-\n\nle \nt i t u l a i re d o it \nd \u00e9 c l a r er q u ' il a f a it \nusage de \nM 8/76 - 112 \n\nla marque \n\nt i t o l a re deve d i c h i a r a-\n\nil \nre che ha u t i l i z z a to \nmarchio \n\nil \n\nt he use of \na s i m i l ar \n\nt he same or \nt r a de mark \n\nto. c o u n t e r c l a im f or a \nd e c l a r a t i on of \nor f or c a n c e l l a t i on of \nt he \nt r a de mark b e c a u se \nof n o n - u s er \n\ni n v a l i d i ty \n\nt he owner s t a t es \nhe h as used \n\nt h at \nt he mark \n\nil \n\nt i t u l a i re d ' u ne \n\nai le \nse \nmarque a n t \u00e9 r i e u re p e ut a n t e r i o re pu\u00f2 d i m o s t r a re \np r o u v er a v o ir f a it un di a v e r lo v a l i d a m e n te \nusage s \u00e9 r i e ux de la. marque, \nM 8 / 76 - 98 \n\nt i t o l a re d el marchio \n\nu t i l i z z a to. if \n\nt he \n\nt r a de mark can \n\nt he owner of \np r i or \nshow t h at he h as made \ng e n u i ne use of h is \nt r a de mark. l es m o d a l i t \u00e9s d ' u s a ge \nde \nla marque \nM 8/76 - 99 \n\nle m o d a l i t\u00e0 d ' u so d ei \nmarchi \n\nmanner of u s i ng \nt he \n\nt r a de mark \n\nl ' o b l i g a t i on d ' u s a ge \nM 8/76 - 118 \n\nl ' o b b l i go di u t i l i z z a \nz i o ne \n\nu s er \n\nr e q u i r e m e n ts \n\nl es marques \n\ns o u m e t t re \n\u00e0 une o b l i g a t i on \nd ' u s a ge s t r i c te et \na b s o l ue \nM 8/76 - 118 \n\ni marchi ad \n\ns o t t o p o r re \nun o b b l i go di u t i l i z \nz a z i o ne r i g o r o so e a p p l i \nin modo c o e r e n te \nc a to \n\nt r a de marks a re \nto s t r i ct and \na p p l i ed u s er \n\ns u b j e ct \nr e s o l u t e ly \nr e q u i r e m e n ts \n\n2 7 2. \" u s e r' \n\nla n o t i on du \" h o n e st \nc o n c u r r e nt u s e r\" \nM 8/76 - 30 \n\n2 7 3. u t i l i s a t i on \n\nl ' i s t i t u to g i u r i d i co d e l \nl' \" h o n e st c o n c u r r e nt \nu s e r\" \n\np r i n c i p le of \nc o n c u r r e nt u s e r\" \n\n\" h o n e st \n\nl ' u t i l i s a t i on \npeuse d es marques \nM 8/76 - 143 \n\nt r o m \n\n- \n- \n\nl ' u so di marchi d e c e t t i vi \nl ' u so \ni n g a n n e v o le di \nm a r c hi \n\nd e c e p t i ve use of a \nt r a de mark \n\nl es m o d a l i t \u00e9s d ' u t i \nl i s a t i on de \npar le \nM 8 / 76 - 150 \n\nl i c e n c i\u00e9 \n\nla marque \n\nle m o d a l i t\u00e0 d ' u so d el \nm a r c h io t r a m i te \nl i c e n z i a t a r io \n\nil \n\nt he manner \nt r a de mark is used by \nt he \n\nin which \n\nl i c e n s ee \n\nt he \n\n274. validit\u00e9 \n\ninvoquer sous forme \nd'exception le d\u00e9faut \nde validit\u00e9 \nM 8/76 - 157 \n\n275. violation \n\ninvocare l'eccezione di \ninvalidit\u00e0 (del marchio \nCEE) \n\nto allow the defence \nthat a trade mark is \ninvalid \n\n\u00eatre comp\u00e9tent pour \nse prononcer sur le \nrecours pour incomp\u00e9 \ntence, violation de \nforme substantielle, \n\nessere competente a de \ncidere i ricorsi per \nincompetenza, violazione \ndi forme essenziali,. to be empowered to hear \nappeals against decisions \nalleged to be ultra vires, \nviolation of a basic \nprocedural rule \n\n36. 1 \n\n- 198 \n\nPE 64. 907 \n\n\fdie Benutzung der Marke \noder eines \u00fcbereinstim \nmenden Zeichens \n\nhet gebruik van het \nmerk of een overeen \nstemmend teken \n\n271 275 \n\nanvendelsen af m\u00e6rket eller \net tilsvarende kendetegn \n\nim Wege der Widerklage \ndie Erkl\u00e4rung des Ver \nfalls oder die L\u00f6schung \nder Marke wegen Nicht \nbenutzung beantragen \n\nvia een eis in reconven \ntie de verklaring vorde \nren dat het merk is ver \nvallen of tenietgegaan \nwegens niet-gebruik \n\ngennem kontras\u00f8gsm\u00e5l at \nnedl\u00e6gge p\u00e5stand om for= \ntabelse eller slettelse \naf varem\u00e6rket p\u00e5 grund \naf undladt brug \n\nder Inhaber mu\u00df erkl\u00e4 \nren, da\u00df er die Marke \nbenutzt hat \n\nde rechthebbende moet \nverklaren dat hij het \nmerk heeft gebruikt \n\nindehaveren skal erkl\u00e6re, \nat han har brugt m\u00e6rket \n\nwenn der Inhaber einer \n\u00e4lteren Marke nachwei \nsen kann, da\u00df er seine \nMarke ernsthaft benutzt \nhat. wanneer de eigenaar van \nhet oudere merk kan be \nwijzen dat hij zijn merk \nserieus heeft gebruikt \n\ns\u00e5fremt indehaveren af \ndet \u00e6ldre m\u00e6rke kan do= \nkumentere, at han har \nanvendt m\u00e6rket seri\u00f8st \n\ndie Modalit\u00e4ten der \nBenutzung der Marke \n\nde wijzen van gebruik \nvan het merk \n\nm\u00e6rkets anvendelse \n\nder Benutzungszwang \n\nde gebruiksdwang \n\nbrugspligten \n\ndie Marken unterliegen \neinem strengen und kon \nsequent gehandhabten \nBenutzungszwang \n\nde merken aan een strik \nte en consequent gehand \nhaafde gebruiksdwang \nonderwerpen \n\nm\u00e6rkerne undergives en \nstreng og konsekvent \nh\u00e5ndh\u00e6vet brugspligt \n\ndas Prinzip des \"honest \nconcurrent user\" \n\nhet rechtsinstituut \nvan de \"honest con \ncurrent user\" \n\nprincippet \"honest concurrent \nuser\" \n\ndie irref\u00fchrende Mar \nkenbenutzung \n\nhet misleidende gebruik \nvan het merk \n\nvildledende brug af \nvarem\u00e6rker \n\ndie Modalit\u00e4ten der \nMarkenbenutzung durch \nden Lizenznehmer \n\nde wijze waarop het \nmerk door de licentie \nnemer wordt gebruikt \n\nlicenstagerens benyttelse af \nvarem\u00e6rket \n\ndie Unwirksamkeit im \nWege der Einwendung \ngeltend machen \n\ngeen doorslaggevende \nbezwaren tegen de toe \nlating van een beroep op \nde nietigheid \n\ntillade p\u00e5ber\u00e5belse af ugyl= \ndighed i form af en ind= \nsigelse \n\nzust\u00e4ndig sein f\u00fcr \nKlagen wegen Unzust\u00e4n \ndigkeit, Verletzung \nwesentlicher Formvor \nschriften,. bevoegd zijn uitspraak \nte doen over beroepen \nwegens onbevoegdheid, \nschending van een \nwezenlijk vormvoor \nschrift. kompetent i sager, som \nanl\u00e6gges p\u00e5 grundlag af \nmanglende kompetence, \nkr\u00e6nkelse af v\u00e6sentlige \nformforskrifter. - 199 -\n\nPE 64. 907 \n\n\f\fabu/so \n\ngli -/si di uso fraudo \nlento (del marchio) \n\naccertamento \n\nil procedimento di - \nle spese del provvedimento \n\ndi - \n\nil deposito di una richie \n\nsta di - \n\naccor/do \n\n1'- internazionale \n1'- di Madrid del 1891 sulla \nregistrazione internaziona \nle di marchi industriali e \ncommerciali \n\n1'- di Nizza del 15 giugno \n\n1957, relativo alla classi \nficazione internazionale dei \nprodotti e dei servizi ai \nquali si applicano i marchi \ndi fabbrica e di commercio \n\ns t i p u l a re - / di per lo scambio \n\ndi pubblicazioni \n\nconcludere un - speciale di \n\nassociazione \n\naffinit\u00e0 \n\n\"1*- dei prodotti\" \n\nagente \n1'- \n\nammen/da \n\ncomminare ammende/comminare \n\nun'- \n\nannui1am en/to \n\nla commissione degli -/ti \nla commissione degli -/ti \n\ndecide essa stessa \n\nla commissione degli -/ti \n\npu\u00f2 pronunciarsi conforme \nmente alla domanda \n\nla cancelleria della commis \n\nsione degli -/ti \n\nla decisione della commissio \n\nne degli -/ti \n\nla decisione della commissio \nne degli -/ti deve essere \nnotificata \n\nla decisione della commissione \n\ndegli -/ti in ordine al \nl'appello \n\na p p e l / lo \n\na c c o g l i e re 1 '- \nl ' a t to d '- \nil convenuto in - \nla d e c i s i o ne s u l l '- \nla m o t i v a z i o ne d e l l '- \np r e s e n t a re un - \nla p r e s e n t a z i o ne d e l l '- si ha \n\nper non avvenuta \nil procedimento d '- \n\n2,67 \n\n250 \n\n1 \n\n62 \n\n62 \n\n62 \n\n2 \n\n15 \n\n15 \n\n2 \n\n6 \n\n8 \n\nIO \n\n10 \n\n10 \n\n10 \n\n10 \n\n10 \n\n10 \n\n13 \n13 \n13 \n13 \n13 \n13 \n\n13 \n13 \n\nviolazione di norme del pro \ncedimento d'- o di forma \ntivi aventi carattere so \nstanziale \n\nle spese del procedimento d'- \nla ripartizione delle spese \n\ndel procedimento d'- \n\nrigettare un - dichiarandone \n\nl'infondatezza \n\nrigettare un - dichiarandone \n\n1'irricevibilit\u00e0 \n\nil ritiro dell'- \ndecidere in merito agli -/li \n\ncontro. 13 \n13 \n\n13 \n\n13 \n\n13 \n13 \n\n13 \n\nappellante \n\n1'- \ni fatti addotti dall'- \n\n13,81 \n81 \n\napporre \n\nquando non \u00e8 possibile -\n\nil marchio (sui prodotti) \n\napposizione \n\n1 * - del marchio registrato \n\nsulle merci \n\narbitrale \n\nl'autorit\u00e0 - dell'Ufficio \n\ndei marchi CEE \n\nl'istituzione di un organo - \nl'introduzione di un proce \n\ndimento - \n\narea \n\n1 * - commerciale unitaria \n\n14 \n\n14 \n\n56 \n56 \n\n56 \n\n258 \n\nartico/lo \n\n1'- provvisto di marchio \nla commercializzazione degli \n-/li d'uso e consumo quo \ntidiano \n\n16,203 \n\nAssociazione \n\n- Internazionale per la Pro \ntezione della Propriet\u00e0 \nIndustriale (AIPPI) \n\nAt/to \n1'-\n1'-\n1'-\n1'-\n-/ti \nun - che il richiedente ha \n\nd'appello \ndi cessione \ngiudiziario \nimpugnato \n\nistruttori \n\ncompiuto \n\nun - unilaterale \nla notificazione dell*-\nla pubblicazione dell * -\nallo stato degli -/ti \n\nattore \n1'-\nproporre nei confronti dell'-\n\nun'azione di contraffazione \n\n203 \n\n19 \n\n3 \n3 \n3 \n3 \n1 44 \n\n3 \n3 \n3 \n3 \n202 \n\n81 \n\n81 \n\n- 1 / it \n\n-\n\nPE 64. 907 \n\n\fa u d i z i o ne \n\n1 '\u00ad d e l le p a r ti \n1 '\u00ad p e r s o n a le \nla data d e l l '\u00ad\n\nautonomia^ \n\ne s s e re d o t a to di \u00ad ammini\u00ad\ns t r a t i va e f i n a n z i a r ia \n1 '\u00ad d el marchio c o m u n i t a r io \ni p r i n c i pi d e l l ' u n i f o r m i t\u00e0 \ne d e l l '\u00ad d el marchio c o\u00ad\nm u n i t a r io \n\na u t o re \n\nil d i r i t to d '\u00ad\n\na u t o r i t\u00e0 \n1 '\u00ad\n1'\u00ad arbitrale dell'Ufficio \n\ndei marchi CEE \n\nle \u00ad competenti \nun'\u00ad giudiziaria nazionale \ncompetente per materia \nle \u00ad giudiziarie nazionali \ndegli Stati contraenti \nsono competenti per ma\u00ad\nteria \n\nle \u00ad giurisdizionali \n1'\u00ad nazionale \n1'\u00ad che ha pronunciato la \n\ndecisione impugnata \n\navente causa \n\nl'\u00ad\n\nazienda \n\n1'\u00ad industriale \n\nciale \n\no commer\u00ad\n\na\u03b6io/ne \n\n1'\u00ad di contraffazione \nle \u00ad/ni di contraffazione \n\ndi un marchio CEE \n\nle \u00ad/ni di contraffazione \n\ndi un marchio europeo/di \nun marchio nazionale \nattribuire ad un'autorit\u00e0 \ngiudiziaria nazionale \ncompetente per materia la \ncompetenza per le \u00ad/ni di \ncontraffazione dei marchi \neuropei \n\ndecidere in merito ali'\u00ad di \n\ncontraffazione del marchio \neuropeo \n\nrelativamente alle \u00ad/ni di \ncontraffazione di un mar\u00ad\nchio europeo, attribuire \nla competenza ad un'auto\u00ad\nrit\u00e0 giudiziaria nazionale \ncompetente per materia \nproporre nei confronti del\u00ad\nl'attore un'\u00ad di contraf\u00ad\nfazione \n\nil procedimento per 1'\u00ad di \n\ncontraffazione \n\n22 \n22 \n22 \n\n23 \n23 \n\n23 \n\n100 \n\n113 \n\n242 \n24 \n\n267 \n\n267 \n267 \n24 \n\n142 \n\n26 \n\n111 \n\n4 \n\n202 \n\n1'\u00ad di decadenza \n1'\u00ad di decadenza di un \n\nmarchio europeo \n\n1'\u00ad di decadenza o di nullit\u00e0 \ndel marchio europeo/di un \nmarchio nazionale \n\nla decisione relativa ali ' \u00ad\ndi decadenza o di nullit\u00e0 \ndel marchio europeo \u00e8 di\u00ad\nvenuta definitiva \n\nla decisione definitiva rela\u00ad\ntiva ali'\u00ad di decadenza o \ndi nullit\u00e0 del marchio europeo \n\nproporre un'\u00ad di decadenza o di \nnullit\u00e0 del marchio europeo \nrelativamente alle \u00ad/ni di de\u00ad\n\ncadenza o di nullit\u00e0 del mar\u00ad\nchio europeo, attribuire la \ncompetenza ad un'autorit\u00e0 \ngiudiziaria nazionale compe\u00ad\ntente per materia \n\n1'\u00ad di decadenza del marchio \n\neuropeo collettivo \n\nproporre 1'\u00ad di decadenza del \nmarchio europeo collettivo \navere facolt\u00e0 di proporre un'\u00ad\ndi decadenza o di nullit\u00e0 di \nun marchio europeo collettivo \n\nil ritiro dell'\u00ad di decadenza \n1'\u00ad di nullit\u00e0 di un marchio \n\neuropeo \n\nproporre un'\u00ad di nullit\u00e0/pro\u00ad\nporre azione di nullit\u00e0 del \nmarchio europeo \n\nil ritiro dell'\u00ad di nullit\u00e0 \nassociarsi a un'\u00ad proposta \ndal titolare del marchio \nle \u00ad/ni relative ai marchi \n\neuropei/a marchi nazionali \n\nessere competente in ultima \n\nistanza per le \u00ad/ni relative \nai marchi europei \n\n1'\u00ad riconvenzionale di decaden\u00ad\nza o di nullit\u00e0 del marchio \neuropeo \n\nammettere soltanto in prima \n\nistanza 1'\u00ad riconvenzionale \ndi decadenza o di nullit\u00e0 del \nmarchio europeo \n\nproporre un'\u00ad riconvenzionale \ndi decadenza o di nullit\u00e0 \ndel marchio europeo \n\n1'\u00ad riconvenzionale di nullit\u00e0 \ndecidere in merito all'\u00ad\n\nriconvenzionale \n\nproporre un'\u00ad riconvenzionale \nper via d'\u00ad riconvenzionale \nle inibitorie e le \u00ad/ni di \n\nrisarcimento \n\nil diritto d' \u00ad delle autorit\u00e0 \n\nnazionali \n\ndichiarare 1'irricevibilit\u00e0 \n\no la manifesta infondatezza \ndell'\u00ad\n\nproporre un'\u00ad\nproporre un'\u00ad nei confronti di \n\n100 \n\n4 \n4 \n4 \n\n4 \n\n4 \n\n2/it \u00ad\n\nPE 64. 907 \n\n\fazio/ne (seguito) \n\nproporre -/ni nei confronti \ndi marchi nazionali col-\n1ettivi \n\nproporre un' - congiuntamente \n\nal titolare del marchio \n\nla proposizione dell' -\ninformare il titolare della li \ncenza dell'avvenuta proposi \nzione dell' -\n\nbanca \nla \n\n- di e m i s s i o ne \n\nb e / ne \ni \n- / ni di consumo \na c q u i s t a re o a l i e n a re \nimmobili e m o b i li \n\nf i n a le \n\n- / ni \n\nb i l a n c io \n\nn el - le e n t r a te e le s p e se \n\n4 \n\n4 \n4 \n\n4 \n\n27 \n\n203 \n\n28 \n\ncausa \n\nuna - le cui parti sono iden \ntiche a quelle del procedi-\nmento di accertamento \n\nc a u z i o ne \n\np r e s t a re - p er le o p e re d el \n\np r o c e d i m e n to \nd e p o s i t a re la - \nil d e p o s i to d e l la \n- \n1 ' i m p o r to d e l la \n\n- \n\ncedere \n\n- in uso un marchio mediante \n\ncontratto (licenza) \n\ncertezza \n\nla - del diritto \ngarantire la pi\u00f9 ampia -\n\ndel diritto \n\ndevono risultare in pareggio \n\n30 \n\ncertificazione \n\ncomunicare un - finanziario \n\nche espone l ' a t t i vo e \np a s s i vo \ns o t t o p o r re \n\ni c o n ti e il \n\nil \n\nf i n a n z i a r io \n\n-\n\n-\n-\n\na p p r o v a re il \nl ' a p p r o v a z i o ne d el \nl ' e l a b o r a z i o ne d el \n-\n1 ' e s e c u z i o ne d el \nc u r a re l ' e s e c u z i o ne d el \ni s c r i v e re n el \n-\nle o p e r a z i o ni di \np r e p a r a re \n\nil \na l la sua e s e c u z i o ne \n\n-\n\nil p r o g e t to di \n\n-\n\n- e p r o v v e d e re \n\n-\n\n-\n\n29 \n\n29 \n30 \n30 \n30 \n30 \n30 \n30 \n30 \n\n30 \n30 \n\nB o l l e t t i no \n\n- europeo d ei m a r c hi \n\nil \n31 \nf i g u r a re n el - europeo d ei marchi 31 \nle \n\ni n d i c a z i o ni che devono \nf i g u r a re n el - europeo d ei \nm a r c hi \n\np u b b l i c a re n el - europeo d ei \n\nm a r c hi \n\nla r e g i s t r a z i o ne \u00e8 p u b b l i c a ta \n\nn el \n\n- europeo d ei m a r c hi \n\n31 \n\n31 \n\n31 \n\nCamera \n\nla - dei ricorsi procede d'uf \nficio ali'esame dei fatti \n\n40 \n\nla funzione di - dell'ori \n\ngine del prodotto \n\ncessionario \n\nil -\n\nc e s s i o ne \n\nl ' a t to di \n\n-\n\ncircolazione \n\nla \n\nl i b e ra \nv i zi d o t a ti di m a r c h io \n\n- di m e r ci e s e r \n\nil p r i n c i p io d e l la \n\nl i b e ra \n- d e l le m e r ci p r o v v i s te \ndi marchio \n\ncitare \n\nessere regolarmente -/ti \n\ncittadino \n\nil -\n\ncoesistenza \n\nla - di marchi uguali o \n\nsimili \n\nla - degli ordinamenti na \n\nzionali e di quello comu \nnitario (in materia di \nmarchi) \n\ncancellazione \n\nchiedere in via riconvenzionale \nla dichiarazione di decadenza \no la - del marchio per manca \nta utilizzazione \n\ncapacit\u00e0 \n\navere - giuridica \nesercitare le facolt\u00e0 che \n\nrientrano nella - giuridica \ndi. colo/re \n\nla combinazione di -/ri \n\ncommercializzazione \n\nla - degli articoli d'uso \ne consumo quotidiano \n\ncommercio \n\ni m m e t t e re \nz i o n e) \n\nin \n\n( in c i r c o l a-\n\n4 \n\n34 \n\n34 \n\n- 3 / it \n\n-\n\nPE 64. 907 \n\n159 \n\n35 \n35 \n35 \n35 \n\n55 \n\n243 \n\n243 \n\n139 \n\n39 \n\n38 \n\n42 \n\n17 \n\n235 \n\n44 \n\n44 \n\n69 \n\n46 \n\n45 \n\n101,156 \n\n\fcommissione \n\nla - degli annullamenti \nla - degli annullamenti \ndecide essa stessa \n\nla decisione della - degli \nannullamenti in ordine \nall'appello \n\nla - degli annullamenti pu\u00f2 \n\npronunciarsi conformemente \nalla domanda \n\nla cancelleria della - degli \n\nannullamenti \n\nla decisione della - degli \n\nannullamenti \n\nla decisione della - degli \nannullamenti deve essere \nmotivata \n\nla - di controllo \nla - dei ricorsi \nla - dei ricorsi decide in \nmerito al ricorso, senza \nsentire la parte \n\nla decisione della - dei \n\n40 \n\n40 \n\n40 \n\n40 \n\n40 \n\n40 \n\n40 \n48 \n40 \n\n40 \n\nricorsi deve essere motivata 40 \n\nla decisione della - dei ricor \n\nsi in ordine al ricorso \n\nla decisione pronunciata dalla \n\n- dei ricorsi \n\n40 \n\n40 \n\ncompeten/te \n\nessere - per ogni controver \n\nsia fra. essere -/ti per materia \nessere -/ti per materia e \n\nterritorio \n\ncompeten/za \n\nla - per territorio delle \nautorit\u00e0 giudiziarie \n\nla - per territorio \u00e8 deter \nminata dal domicilio pro \nfessionale del. nei limiti delle rispettive \n\n-/ze \n\ncomponente \n\nuna - della denominazione \n\ndi una ditta \n\n253 \n51 \n\n50 \n\n50 \n\n50 \n\n50 \n\n103 \n\ncomportamento \n\ngiustificar\u00bb il suo - \n\n17 \n\ncomposizione \n\nraggiungere un'amichevole \n\nd e l la c o n t r o v e r s ia \n\n-\n\n9,107 \n\ncomunicazione \n\nla - d'esame \nla - in merito a l l ' e s i s t e n za \n\ndi marchi a n t e r i o ri \n\nsecondo una pubblica \n\n-\n\nconcedente \n-\n\nil \n\n171 \n\n171 \n49 \n\n157 \n\nconcorrenza \n\nla - sleale \nla garanzia della - leale \nle norme sulla - sleale \n\nconcorso \nil - \n\nconfiit/to \n\nla risoluzione dei -/ti fra \nmarchi CEE e marchi nazio \nnali \n\nla risoluzione dei -/ti con i \nmarchi nazionali anteriori \n\nentrare in - con. confondibilit\u00e0 \n\nil concetto di \"-\" \n\nconfusio/ne \n\n-/ni, inganni e frodi \nnon eliminare la possibilit\u00e0 \ndi - nel campo dell'attivi \nt\u00e0 economica \nil pericolo di - \nescludere (completamente) un \n\npericolo di - \n\nla tutela del consumatore da \n\n-/ni, inganni e frodi \n\ncontabi/le \n\nil controllo della responsa \nbilit\u00e0 dei liquidatori e \ndei -/li \n\ncon/to \n\nl'approvazione dei -/ti \nla resa dei -/ti \nsottoporre i -/ti e il bi \n\nlancio finanziario \nla verifica dei -/ti \n\ncontraffazione \n\nle azioni di - di un marchio \n\nCEE \n\ni n t e n t a re un r i c o r so per \n\n-\n\no e s t i n z i o ne contro un mar \nc h io CEE pi\u00f9 r e c e n te \n\nla - del marchio europeo/di \nun marchio europeo/di un \nmarchio n a z i o n a le \n\nle a z i o ni di - di un marchio \neuropeo/di un marchio n a \nz i o n a le \n\na t t r i b u i re ad u n ' a u t o r i t\u00e0 g i u \nd i z i a r ia n a z i o n a le competen \nte per materia la competenza \nper le a z i o ni di - d ei marchi \neuropei \n\nr e l a t i v a m e n te a l le a z i o ni di \ndi un marchio europeo, a t \nt r i b u i re la competenza ad \nu n ' a u t o r i t\u00e0 g i u d i z i a r ia n a \nz i o n a le competente per ma \nt e r ia \n\n-\n\n57 \n160 \n57 \n\n52 \n\n59 \n\n59 \n59 \n\n60 \n\n60 \n\n60 \n60 \n\n60 \n\n60 \n\n53 \n\n54 \n54 \n\n54 \n54 \n\n65 \n\n65 \n\n65 \n\n65 \n\n65 \n\n65 \n\n- 4 / it \n\n-\n\nPE 64. 907 \n\n\fc o n t r a f f a z i o ne \n\n( s e g u i t o) \n\n1 ' a z i o ne di - \np r o p o r re n ei c o n f r o n ti d e l \nl ' a t t o re u n ' a z i o ne di - \nla - \n\nf a t ti che c o n c r e t a no \nla domanda p er - \nil g i u d i z io p er - \nil p r o c e d i m e n to p er - \nil p r o c e d i m e n to p er \n\nl ' a z i o ne \n\ndi - \n\nc o n t ra s s e/gno \n\nun - c h i a ro ed \nd e l l ' a r t i c o lo \nv o l t a) \n\nr i c h i e s to \n\ni n e q u i v o c a b i le \n\n( v o l ta p er \n\nla r e g i s t r a z i o ne di \n\n- / g ni \n\nil \nla \n\nd e c e t t i vi \n- di f a n t a s ia \nt u t e la d ei - / g ni non \nr e g i s t r a ti \n\n65 \n\n65 \n65 \n65 \n65 \n65 \n\n65 \n\n93 \n\n161 \n82 \n\n247 \n\nc o n t r a s to \n\ni marchi in reciproco - \n\n59 \n\nCorte \n\nla - europea dei marchi \nla - europea dei marchi \u00e8 com \npetente a decidere in via \npregiudiziale \n\nricorso per cassazione alla -\n\neuropea dei marchi \n\nla decisione della. pu\u00f2 \nessere impugnata per cas \nsazione davanti alla -\neuropea dei marchi \n\nla decisione pregiudiziale \n\ndella - europea dei marchi \n\nimpugnare per cassazione di \nnanzi alla - europea dei \nmarchi \n\nricorso per cassazione dinanzi \nalla - europea dei marchi \ndomandare alla - europea dei \n\nmarchi di pronunciarsi \n\nrivolgersi alla - europea dei \n\nmarchi \n\nuna - internazionale \n\n70 \n\n70 \n\n70 \n\n70 \n\n70 \n\n70 \n\n70 \n\n70 \n\n70 \n70 \n\ncontratto \n\nil - di licenza \n\ncostume \n\n64 \n\nessere contrario al buon - \n\n165 \n\ncontribu/to \n\ni -/ti finanziari degli Stati \n\ncontraenti \n\ncontrollo \n\nesercitare il potere di -\n\ngerarchico sul personale \n\ncontrover/sia \n\nle -/sie in materia di diritto \n\ndei marchi \n\n-/sie fra Stati contraenti \nessere competente per ogni \n\n- fra. convenuto \n\nil \nil \n\n-\n- in a p p e l lo \n\nc o n v e n z i o ne \n\nschema di - s ul d i r i t to e u r o \n\npeo d ei m a r c hi \n\nla \n\n- di P a r i gi p er \nz i o ne d e l la p r o p r i e t\u00e0 \ns t r i a le \n\nla p r o t e \n\ni n d u \n\nla - di P a r i gi d el 1883 che \nla \nha c r e a to u n ' u n i o ne p er \np r o t e z i o ne d e l la p r o p r i e t\u00e0 \ni n d u s t r i a le \n\ng li a d a t t a m e n ti d e l la p r e s e n \n\nte - r e si n e c e s s a ri d a l l ' a m \nm i s s i o ne s t e s sa \na d e r i re a l la p r e s e n te \nla r e v i s i o ne d e l la \n\n-\n\n-\n\ncopia \n\ndietro presentazione di una \n\n- autentica \n\n66 \n\n24 \n\n59 \n90 \n\n59 \n\n77 \n77 \n\n67 \n\n67 \n\n67 \n\n67 \n67 \n67 \n\n68 \n\ncreazione \n\nla - di un marchio CEE/europeo 71 \n\ncredi/to \n\ni -/ti sono registrati in ca \n\npitoli \n\ntati \n\ni -/ti potranno essere ripor \n\nnei limiti dei -/ti stanziati \nprocedere a trasferimenti di \n\n-Ai \n\ncriterio \n\nil - di ripartizione \n\ndare atto \n\n- a. di. data \n\nsi fa riferimento alla - di \ndeposito della domanda \npresso l'Ufficio dei mar \nchi CEE \n\n150 \n\ndecadenza \n\nla - del marchio CEE \nla - del marchio CEE quando \nesso sia divenuto una de \nnominazione usuale generica \nla - (del marchio CEE) quando \nsia subentrato un pericolo \ndi inganno \n\nla - o la nullit\u00e0 del marchio \n\nCEE \n\n1'azione di -\nl'azione di - di un marchio \n\neuropeo \n\np r o p o r re l ' a z i o ne di - d el \n\nmarchio europeo c o l l e t t i vo \n\n- 5 / it \n\n-\n\nPE 64. 907 \n\n72 \n\n72 \n72 \n\n72 \n\n43 \n\n73 \n\n74 \n\n74 \n\n74 \n\n74 \n74 \n\n74 \n\n74 \n\n\fdecadenza (seguito) \n\ndeliberare \n\nil ritiro dell'azione di - \ni casi di - \ngli effetti della - \nla pronuncia di -/di nullit\u00e0 \ntrascritta nel registro \neuropeo dei marchi e pubbli \ncata nel Bollettino europeo \ndei marchi \n\n74 \n197,263 \n163 \n\ndecidere \n\nla commissione degli annulla \nmenti decide essa stessa \n- sull'istanza senza sentire \n\nla parte \n\n- in merito agli appelli \n\ncontro. - in merito all'azione di con \n\ntraffazione del marchio \neuropeo \n\n- in merito all'azione ricon \n\nvenzionale \n\n- in merito all'istanza, sen \n\nza trattazione orale \n\n- in merito al ricorso, senza \n\nsentire la parte \n\n- i ricorsi presentati \n\ncontro. la Corte europea dei marchi \u00e8 \ncompetente a - in via pre \ngiudiziale \n- all'unanimit\u00e0 \n\n163 \n\n253 \n\n25 3 \n\n253 \n\n253 \n\n25 3 \n\n253 \n\n253 \n\n253 \n\n253 \n\n253 \n253 \n\ndecisione \n\nla - (sezione d'esame/divisione \namministrativa dei marchi) \n\nla - sull'appello \nla - della commissione degli \nannullamenti in ordine al \nl'appello \n\nla - della commissione dei \n\n75 \n75 \n\n253 \n\nricorsi in ordine al ricorso 253 \n\nla - definitiva relativa all'a \nzione di decadenza o di nul \nlit\u00e0 del marchio europeo \n\nla - impugnata \nl'organo che ha emanato la -\n\nimpugnata \n\nla notificazione della - im \n\npugnata \n\npronunciare la nullit\u00e0 parziale \no totale della - impugnata \nla - pregiudiziale della Corte \n\ndei marchi \n\nla notificazione della - \nla pronuncia della - \nprovvedere a riformare la \n\npropria - \n\n25 3 \n75 \n\n75 \n\n75 \n\n75 \n\n75 \n75 \n75 \n\n218 \n\ndeduzio/ne \n\npresentare le sue -/ni \n\n174 \n\ndeficien/za \n\ncorreggere -/ze evidenti \n\n122 \n\n253 \n\n82 \n167 \n\n167 \n\n82 \n\n106 \n\n86 \n86 \n86 \n\n86 \n\n86 \n86 \n\n86 \n86 \n\n86 \n86 \n86 \n86 \n86 \n\n86 \n86 \n\n4 \n\ndenominazione \n\nla - \nla - commerciale \nuna componente della -\n\ndi una ditta \n\nla decadenza del marchio CEE \nquando esso sia divenuto \nuna - usuale generica \n\ndepositare \n\n- un proprio marchio identico \n\no simile al primo \n\ndeposi/to \n\nil - della dom\u00ecnda \nla data di - della domanda \nil - dei marchi \nil - di marchi nazionali quali \n\nmarchi europei \n\nessere fondato su uno o pi\u00f9 \n-/ti di marchio nazionale \n\n86 \navere efficacia di - nazionale 86 \nritirare o respingere defini \ntivamente -/ti nazionali \n\nil - nazionale regolare \navere (1')efficacia di (un) -\n\nnazionale regolare \nil - della richiesta \nil - di una richiesta di ac \n\ncertamento \n\nla data del (primo) - \nil precedente - \ncostituire un primo - \npresentare copia del primo - \nritirare, rinunziare o riget \n\ntare il - \n\nil successivo - \n\ndichiarazione \n\nchiedere in via riconvenzionale \nla - di decadenza o la can \ncellazione del marchio per \nmancata utilizzazione \n\ndifferen/za \n\nle -/ze delle normative nazio \nnali concernenti i marchi \n\ndirit/to \n\ni -/ti anteriori \ngli altri -/ti anteriori \nlimiti alla disponibilit\u00e0 \n\ndei -/ti anteriori \n\nintraprendere la ricerca di \neventuali -/ti anteriori \nla limitazione di -/ti ante \n\nriori \n\nil - d'autore \nil - d'azione delle autorit\u00e0 \n\nnazionali \n\n91 \n\n\u00ccOO \n\u00ccOO \n\n100 \n\n12 \n\n100 \n100 \n\n\u00ccOO \n\n- 6/it -\n\nPE 64. 907 \n\n\fdirit/to (seguito) \n\ndi stributo/re \n\nil - civile \nil - commerciale \nil - comunitario dei marchi \ni -/ti conferiti dai marchi \n\nanteriori \n\ni -/ti conferiti dal marchio \n\nCEE \n\nun - esclusivo \nil marchio viene riconosciuto \ne tutelato come - esclusivo \ndel produttore o dell'impre \nsa commerciale \n\nconferire -/ti esclusivi \nil - europeo dei marchi \nmiglioramenti intesi a perfe \nzionare il - europeo dei \nmarchi \n\ni principi di - internazionale \n\nprivato \n\nil ravvicinamento del - inter \n\nno sui marchi \n\n1'estinzione del - al marchio \nla perdita del - al marchio \ndopo la sua registrazione \n\n100 \n100 \n\u00ccOO \n\n100 \n\n100 \n100 \n\n100 \n100 \n100 \n\n100 \n\n100 \n\n100 \n100 \n\n100 \n100 \n100 \n\nil - dei marchi \nistituire un - dei marchi \nun - dei marchi aventi vali \ndit\u00e0 in tutta la Comunit\u00e0 \n\n100 \ni -/ti su marchi o altri segni 100 \nconferire il - di opporsi \n100 \nla limitazione del - d'opposi \n\nzione \n\nla verifica d'ufficio di even \n\ntuali -/ti di preuso \n\nconcedere un - di priorit\u00e0 \ngodere di un - di priorit\u00e0 \nla rivendicazione del - di \n\n100 \n\n100 \n100 \n100 \n\npriorit\u00e0 \n\n100 \ni -/ti di propriet\u00e0 industriale 100 \ni lavori per il ravvicinamento \no l'unificazione dei -/ti di \npropriet\u00e0 industriale \n\n100 \n\nil pagamento dei -/ti di rin \n\nnovazione \n\n256 \n100 \nil - sostanziale dei marchi \nun - d'uso localmente limitato 100 \nessere reintegrato nei suoi \n\n-/ti \n\nl'adeguata tutela dei -/ti \n\n100 \n100 \n\ndisciplina \n\nla - in materia di marchi \n\n225 \n\ndisegno \nil - \n\ndisponibilit\u00e0 \n\nla - \n\ndistinguere \n\ni segni atti a - le merci od i \nservizi di chi propone la \ndomanda dalle merci o servi \nzi di altri \n\n88 \n\n92 \n\ni produttori e -/ri di arti \ncoli provvisti di marchio \n\ndistribuzione \n\nla - dei beni e servizi \nle moderne catene di - \n\ndivisione \n\nla - amministrativa dei marchi \nla - d'esame \nla \n\n- d ' e s a me \u00e8 i n v e s t i ta d e l la \n\nr e l a t i va p r o c e d u ra \n\nla \n\nla \n\nil \n\n- d ' e s a me r e s p i n ge la doman \nda di marchio europeo \n- d ' e s a me r e s p i n ge \ns i z i o ne \nt r a s f e r i m e n to d e l la p r o c e \ndura a l la \n\n- d ' e s a me \n\nl ' o p p o \n\nl'istanza \u00e8 trasmessa alla -\n\nd ' e s a me \n\ndo cum e n/ to \n\nl ' u t i l i z z a z i o ne d el marchio \nsu - / ti c o m m e r c i a li e n el \ns e t t o re d e l la p u b b l i c i t\u00e0 \n\nd o lo \n\nd el \n\n-\n\nla s u s s i s t e n za d e l l ' e l e m e n to \n\n95 \n\n46 \n96 \n\n97 \n97 \n\n97 \n\n97 \n\n97 \n\n97 \n\n97 \n\n187 \n\n146 \n\ndoman/da \n\n4 \nla - per contraffazione \nla - \u00e8 inammissibile \n80 \nla trasformazione in - nazionale 80 \nla - di registrazione e la re \n\ngistrazione stessa di marchi \ncomunitari \n\nla - di rogatoria \na partire dalla data di depo \n\nsito della - \nformulare -/de \nrespingere la - \nritirare la - \n\ndomicilio \n\nil - professionale \navere il - professionale in uno \nStato contraente/nel territo \nrio di uno Stato contraente \n\navere il -\neleggere il -\n\neccesso \n\n1'- di potere \n\neccezione \n\ninvocare 1'- di invalidit\u00e0 \n\n(del marcio CEE) \n\nquale -\n\neffetto \n\nessere privo di -\n\n80 \n48 \n\n163 \n80 \n80 \n80 \n\n98 \n\n98 \n98 \n98 \n\n89 \n\n114 \n114 \n\n102 \n\n94 \n\nefficacia \n\nla sfera di - del marchio \n\n205 \n\n- 7/it -\n\nPE 64. 907 \n\n\fe f f i c a c ia \n\n( s e g u i t o) \n\nfor/ma \n\ne v i t a re che i r i s u l t a ti e s e r \nc i t i no u n '- p r e g i u d i z i a le \nsul procedimento p r i n c i p a le \nt e r r i t o \nl i m i t a z i o ne d e l l '- \n\nla \n\n196 \n\nr i a le del marchio \n\na v e re - \n\neleni e n / to \n\n1 8 , 1 00 \n102 \n\ns o lo s i n g o li \n\n- / ti di un mar \nc h io non sono i d o n ei a l la \np r o t e z i o ne \n\n103 \n\nle -/me dei prodotti o delle \n\nloro confezioni \n\nle -/me che sono imposte dal \nla natura stessa del pro \ndotto \n\n127 \n\n127 \n\nformati/vc> \n\nla violazione di norme del \nprocedimento d'appello o \ndi -/vi aventi carattere \nsostanziale \n\ne l e n eo \n\nformula \n\n1'- dei prodotti o dei servizi 155 \n\napporre la - e s e c u t i va \n\n127 \n\n128 \n\neliminazione \n\n1'- dal registro CEE dei marchi \n\nnon utilizzati \n\n211 \n\n215 \n\n109 \n\n112 \n112 \n112 \n112 \n\n115 \n115 \n\n116 \n30 \n\n119 \n\n173 \n\n123 \n\nentra/ta \n\nconstatare la legittimit\u00e0 e \n\nla regolarit\u00e0 delle -/te e \ndelle spese \n\nerro/re \n\nrettificare -/ri materiali o \n\ndi forma \n\nesame \n\nla comunicazione d'-\nla divisione d'-\nla notificazione d'-\nla sezione d'-\n\nesaminatore \n\n1'- giurista \n\nesecuzione \n\n1'- forzata \nintraprendere 1'- forzata \n\nesercizio \n\n1'- finanziario \n1'- provvisorio \n\nestinzione \n\n1'- del marchio \nintentare un ricorso per con \ntraffazione o - contro un \nmarchio CEE pi\u00f9 recente \n\nfiliale \nla -\n\nfinanziaria \n\nla -\n\nfon/do \n\ndetenere -/di disponibili \n\no realizzabili \n\ncostituire e alimentare \n\nun - di riserva \n\nil trasferimento di -/di \n\nf r o / de \n\nc o n f u s i o n i, \n\ninganni e - / di \n\n269 \n\nf u n z i o / ne \n\nla - di c e r t i f i c a z i o ne d e l \nl ' o r i g i ne del p r o d o t to \nla - di d e s i g n a z i o ne d e l l ' o \n\n125 \n\nr i g i ne d el marchio \n\n125 \nla - fondamentale del marchio \n125 \nla - p u b b l i c i t a r ia d el marchio 125 \nle - / ni che vengono r i c o n o \n\ns c i u te al marchio \ni d o v e ri i n e r e n ti a l la \n\n- \n\n125 \n125 \n\ngaranzia \n\nla - della concorrenza sleale 129 \nla - dell'effettiva origine \n\ndella merce non deriverebbe \npi\u00f9 dal solo marchio \n\n129 \n\n113 \n\ngestione \n\naccertare una sana - finan \n\nziaria \n\ngiorno \n\n130 \n\nil - feriale \n150 \nil - festivo ai sensi di legge 150 \n\ngiudizio \n\nil - per contraffazione \nil - di nullit\u00e0 \nintervenire nel - proposto \n\n4 \n4 \n\ncontro il titolare del marchio 4 \n110 \n\nstare in - \n\ngiuramento \n\nil - falso dei testimoni \nrifiutare di deporre o di \n\nprestare - \n\n131 \n\ngiurista \n\nil membro - \n\nidentificare \n\n25 \n\n126 \n25 \n\n- i prodotti (in base alla \n\nloro provenienza) \n\n- un determinato prodotto \n\n- 8/it -\n\nPE 64. 907 \n\n244 \n\n244 \n\n151 \n\n133 \n133 \n\n\fidentificazione \n\nfacilitare 1'- dei prodotti \n\n132 \n\nilleci/to \n\ngli -/ti civili \n\nimmunit\u00e0 \n\nf r u i re d ei p r i v i l e gi e d e l le \na l l ' a d e m p i m e n to \nf u n z i o ni \n\nn e c e s s a ri \nl o ro \nd e l le \n\n79 \n\n-\n\n1 34 \n\nimpresa \n\n1'- che offre i suoi servizi \nun'- collegata al richiedente \n\n108 \n108 \n\nquando sia subentrato un \npericolo di - \n\ntrarre in - il pubblico dei \n\n269 \n\nconsumatori sulla natura o \nsulla provenienza dei prodetti 268 \n\nil consumatore potrebbe essere \n\ntratto in - o in errore \n\n268 \n\ningiunzione \n\n1'-\n\ninibito/ria \n\nle -/rie e le azioni di \n\nrisarcimento \n\n141 \n\n37 \n\nimpugnabile \n\nessere - (per cassazione) da \n\ncoloro che. impugnabilita \n\n1'- del marchio europeo \nil principio dell'- \n\nintegrazione \n\n1'- fra i mercati nazionali \n\n145 \n\nintenzione \n\nil marchio ai fini commercia \nli, senza 1'- di farne un \nuso effettivo \n\n146 \n\n194 \n\n137 \n137 \n\nimpugnare \n\n- per cassazione dinanzi alla \nCorte europea dei marchi \npoter essere impugnato (per \n\ncassazione) per. la decisione della. pu\u00f2 es \nsere impugnata per cassa \nzione davanti alla Corte \neuropea dei marchi \n\nl'impugnazione (per cassazione) \n\n\u00e8 ammessa per. l'impugnazione (per cassazione) \n\nha effetto sospensivo \n\nl'impugnazione \u00e8 consentita a \n\ncoloro che. inamovibilit\u00e0 \n\n1'-\n\nincompetenza \n\nessere competente a decidere \n\ni ricorsi per -, violazione \ndi forme essenziali, ecc. indicazione \n\n1'- descrittiva \n\nindipendenza \n\n1'-\ndare pieno affidamento di -\n\ninformare \n\ninformazione \n\nla richiesta di -\n\ningan/no \n\nconfusioni, -/ni e frodi \nla tutela (comunitaria) del \n\n194 \n\n194 \n\n194 \n\n194 \n\n194 \n\n194 \n\n135 \n\n136 \n\n139 \n\n138 \n138 \n\n172 \n\n140 \n\n109 \n\nconsumatore da confusioni, -/ni \ne frodi \n\n109 \n\nla decadenza (del marchio CEE) \n\ninteressato \n\n1'- \n\ninteresse \n\navere un - legittimo \n\ninvalidazione \n\n1'- del marchio \n\ninvalidit\u00e0 \n\nl ' a c c e r t a m e n to d e l l '- d el \n\nm a r c h io CEE \n\ni n v o c a re \n\nl ' e c c e z i o ne di \n\n-\n\n( d el m a r c h io CEE) \n\n190,192 \n\n147 \n\n148 \n\n1 70 \n\n2 74 \n\n1 41 \n\ni n v i to \n1 ' - \n\ni r r e g o l a r i t\u00e0 \ne l i m i n a re \n\nle \n\n- c o n s t a t a te \n\n149 \n\ni s p e z i o / ne \n\nle \n\n- / ni s ui \n\nl u o g hi \n\ni s t a n te \n1 '- \n\ni s t a n / za \n\n1 '- \u00e8 a m m i s s i b i le \nle \n\n- / ze c o m p e t e n ti p er \nla \np r o n u n c ia d e l la n u l l i t\u00e0 \na l i ' -, \nin m e r i to \nt r a t t a z i o ne o r a le \n\nd e c i d e re \ns e n za \n\nd e c i d e re s u l l '- s e n za \n\ns e n t i re \n\nla p a r te \nm o t i v a re u n '- \np r e s e n t a re u n '- \nla p r e s e n t a z i o ne d e l l '- si ha \n\np er n on a v v e n u ta \n- \nr i g e t to di una \n\nil \n\nistituto \n\n1'- finanziario \n\n87 \n\n81 \n\n232 \n\n142 \n\n232 \n\n232 \n232 \n232 \n\n2 32 \n232 \n\n143 \n\n- 9/it -\n\nPE 64. 907 \n\n\fistruzione \n\n1'- \ngli atti di - \nprocedere agli atti di - \nil membro cui \u00e8 stata delega \n\nta l'esecuzione dell'- \n\nprovvedere all'- \n\n144 \n144 \n144 \n\n144 \n144 \n\nlegislazio/ne \n\nla - applicabile \n\u00ccOO \nla - in materia di concorrenza 100 \nle -/ni nazionali in materia \n\ndi marchi \n\ndepositare un proprio -\n\nidentico o simile al primo 161 \n\nignorare l'esistenza di un -\n\nidentico o simile \n\nle merci (che sono) commer \ncializzate con un - iden \ntico o simile \nil - individuale \ni -/chi individuali \nescludere dalla registrazio \nne i -/chi ingannevoli \nradiare i -/chi totalmente \n\n161 \n\n161 \n161 \n161 \n\n161 \n\no parzialmente inutilizzati 161 \n\nlettera \nla -\n\nlicen/za \n\nla - legalmente concessa \nla - del marchio \nla concessione di -/ze \nla concessione di una -\nun trasferimento ovvero la \n\nconcessione di una -\n\nil contratto di -\ni rapporti che derivano da un \n\ncontratto di -\n\n153 \n\n154 \n\n157 \n157 \n157 \n157 \n\n157 \n157 \n\n157 \n\nverificare che il - possieda \n\nsufficienti caratteristiche \ndistintive \n\n-/chi che possiedono un ca \n\nrattere europeo \n\nla registrazione di un -\n\nposteriore, identico o tale \nda dar luogo a confusione \n\nil - regionale \nl'apposizione del - registra \n\nto sulle merci \n\ni titolari di -/chi registra \n\nti e notori \nil - richiesto \nil - viene riconosciuto e \n\nlicenziatario \n\n- \n\nil \nle modalit\u00e0 d'uso del mar \n\nc h io t r a m i te il \n\n- \n\n157,158 \n\n158 \n\ntutelato come diritto esclu \nsivo del produttore o del \nl'impresa commerciale \nla protezione formale dei \n\nlingua \n\nla - impiegata per la procedura 152 \n152 \nla - della traduzione \n152 \nla - ufficiale \n\nliquidato/re \n\nil controllo della responsa \nbilit\u00e0 dei -/ri e dei con \ntabili \n\nmalafede \n\nrisultare in - \n\nmar/chio \n\nil - apposto sui prodotti \nun - CEE \nla risoluzione dei conflitti \n\nfra -/chi CEE e marchi \nnazionali \n\n-/chi coesistenti \nle consuete categorie dei \n-/chi commerciali e di \nfabbrica \n\nil - depositato \nil - di cui si richiede la \n\ndichiarazione di decadenza \no di nullit\u00e0 \n\nun nuovo - efficace \nil - \u00e8 escluso dalla regi \n\nstrazione \n\nil - si considera estinto \ni -/chi di fabbrica, commer \nciali, di servizi, collet \ntivi, di garanzia \n\n183 \n\n124 \n\n161 \n161 \n\n161 \n161 \n\n161 \n161 \n\n161 \n161 \n\n161 \n161 \n\n161 \n\n-/chi di servizio \n\nl'uso del - di servizio o di \n\nun segno simile \n\ndiversi -/chi simili di uno \n\nstesso titolare \n\nfare un uso importante di un \n\n- simile \n\nun altro - simile anteriore \nla coesistenza di -/chi ugua \n\nli o simili \n\npossono essere protetti solo \ni -/chi effettivamente \nusati o dei quali sia pre \nvisto l'uso \n\n161 \ni titolari di -/chi utilizzati 161 \napporre il - a dei prodotti \n161 \nsegni idonei a costituire un - 161 \navere interesse alla pronuncia \n\n161 \ndi decadenza del - \n161 \nil deposito dei -/chi \nil diritto dei -/chi \n\u00ccOO \nil diritto europeo dei -/chi \u00ccOO \npresentare una domanda di - \n161 \nla presentazione della doman \nda di - si ha per non avve \nnuta \n\n161 \nil rigetto della domanda di - 161 \nle decisioni relative al ri \ngetto di una domanda di - \npronunciare il rigetto di una \n\n161 \n\ndomanda di - \n\n1'efficacia distintiva e pub \n\nblicitaria dei -/chi \n1' invalidazione del - \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n161 \n\n161 \n\n- 10/it -\n\nPE 64. 907 \n\n\fmar/chio (seguito) \n\nessere abilitato alla rappre \n\nsentanza in materia di -/chi 161 \n\n161 \n161 \n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n\n161 \n\n161 \n161 \n\n161 \n161 \n\n161 \n\n161 \n\n161 \n161 \n161 \n\n161 \n\n161 \n\nrisultare abilitato all'eser \ncizio professionale della \nrappresentanza in materia di \n-/chi \n\nla protezione dei -/chi \nla registrazione del - \nil regolamento del -/il rego \n\nlamento sul marchio \n\nadeguare il regolamento del \n\npoter consultare il regola \n\n- a. mento del - \n\nmento del - \n\nmento del - \n\nla consultazione del regola \n\nla modificazione del regola \n\nil titolare del - \nil titolare del - o il suo \n\navente causa \n\nproporre un'azione congiunta \nmente al titolare del - \nassociarsi a un'azione propo \nsta dal titolare del - \nintervenire nel giudizio pro \nposto contro il titolare \ndel - \n\n161 \nla volont\u00e0 del titolare del - 161 \nrappresentare la riproduzione, \nl'imitazione o la traduzione \ndi un - \n\nil trasferimento del - \nusare un - in modo contrastan \n\nte con la sua funzione \n\nl'uso del - \nun uso del - contrario al re \n\nlativo regolamento \n\nun controllo serio ed effica \nce relativo all'uso del - \nopporsi ad ogni uso del - o \n\ndi un segno simile \n\n1'uso non autorizzato del - \nutilizzare il - \nutilizzare il - o il segno \n\nsimile \n\nutilizzare il - sotto il con \n\ntrollo del titolare \nle persone autorizzate a \n\nutilizzare il - \n\n161 \nil - anteriore \n161 \ni -/chi che risultano anteriori 161 \n161 \nla cessione del - anteriore \ni diritti conferiti dai -/chi \n\nanteriori \n\n161 \n1'esistenza di -/chi anteriori 161 \n161 \nle licenze sul - anteriore \n161 \nil titolare del - anteriore \nil titolare del - anteriore o \n\ndell'altro diritto anteriore 161 \n\nopporsi all'uso di un - ante \n\nriore o di un altro diritto \nanteriore \n\nil - collettivo \ni -/chi collettivi \n\n161 \n161 \n161 \n\nutilizzare i -/chi collettivi \ndichiarati decaduti o nulli \nutilizzare i -/chi collettivi \n\nestinti \n\nla domanda di - collettivo \nil precedente titolare del -\ncollettivo ovvero il suo \navente causa \n\nmar/chio euro/peo \n\nil \ni -/chi -/pei \nil - - decade \nil - - \u00e8 divenuto/diviene \n\nincontestabile nei confronti \ndi. il - - \u00e8 iscritto nel registro \n\neuropeo dei marchi \n\ni prodotti per i quali il \u2014 -\n\n\u00e8 stato registrato \n\nil - - ha acquisito un carat \n\ntere distintivo \n\ni -/chi -/pei hanno carattere \n\nunitario e autonomo \n\nil - - si estingue \nil - - registrato \ni -/chi -/pei di servizio \nl'autonomia del - - \ngli atti giuridici relativ i \n\nai -/chi -/pei \n\nle azioni relative ai -/chi \n\n-/pei \n\n161 \n\n161 \n161 \n\n161 \n\n163 \n163 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n163 \n161 \n163 \n\n163 \n\n163 \n\nessere competente in ultima \nistanza per le azioni re \nlative ai -/chi -/pei \n\n163 \nil carattere unitario del - - 163 \nla cessione del - - \n163 \nla classificazione dei -/chi \n\n-/pei \n\n163 \nentrare in conflitto con il - - 163 \nla contraffazione del - - \n163 \nle azioni di contraffazione \n\ndi un - - \n\n163 \n\nattribuire ad un'autorit\u00e0 giu \ndiziaria nazionale compe \ntente per materia la compe \ntenza per le azioni di con \ntraffazione dei -/chi -/pei 163 \n\ndecidere in merito all'azione \ndi contraffazione del - - \nrelativamente alle azioni di \ncontraffazione di un - -, \nattribuire la competenza ad \nun'autorit\u00e0 giudiziaria na \nzionale competente per materia 163 \n\n163 \n\nil procedimento per contraffa \n\nzione di un/del - - \n\nsospendere il procedimento per \n\ncontraffazione del - - \n\nla decadenza del - - \nla decadenza del - - divenuto \n\n163 \n\n163 \n163 \n\ndenominazione usuale generica 163 \n\nla decadenza del - - per man \n\ncata utilizzazione \n\nla decadenza del - - per una \n\nparte dei prodotti \n\n163 \n\n163 \n\n- 11/it -\n\nPE 64. 907 \n\n\fmar/chio euro/peo \n\n( s e g u i t o) \n\nl ' a z i o ne di decadenza di un/ \n\ndel - - \n\nl ' a z i o ne di decadenza o di \n\nn u l l i t\u00e0 del - - \n\na t t r i b u i re ad u n ' a u t o r i t\u00e0 \n\ng i u d i z i a r ia n a z i o n a le compe \nt e n te per materia la compe \ntenza per le a z i o ni di d e c a \ndenza o di n u l l i t\u00e0 del - - \nla d e c i s i o ne r e l a t i va a l l ' a \nz i o ne di decadenza o di \nn u l l i t\u00e0 del - - \u00e8 divenuta \nd e f i n i t i va \n\nla d e c i s i o ne d e f i n i t i va r e l a \n\nt i va a l l ' a z i o ne di decadenza \no di n u l l i t\u00e0 del - - \n\np r o n u n c i a r si \n\ni s t a n za \ns u l l ' a z i o ne di decadenza o \ndi n u l l i t\u00e0 di un \n\nin prima \n\nproporre u n ' a z i o ne di decadenza \n\no di n u l l i t\u00e0 del \n\nr e l a t i v a m e n te a l le a z i o ni di \ndecadenza o di n u l l i t\u00e0 del \n- -, a t t r i b u i re la competenza \nad u n ' a u t o r i t\u00e0 g i u d i z i a r ia \nn a z i o n a le competente per \nmateria \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\nl ' a z i o ne r i c o n v e n z i o n a le di \n\ndecadenza o di n u l l i t\u00e0 del - - 163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n163 \n\n163 \n\n163 \n\n163 \n\nammettere s o l t a n to in prima \ni s t a n za 1 ' a z i o ne r i c o n v e n \nz i o n a le di decadenza o di \nn u l l i t\u00e0 del \n\nproporre u n ' a z i o ne r i c o n v e n \nz i o n a le di decadenza o di \nn u l l i t\u00e0 del \n\nla c o n s t a t a z i o ne d e l la data \n\ndi decadenza del - - \n\na c c e r t a re la data d e l l ' i n t e r \nvenuta decadenza del - - \ne c c e p i re la decadenza del - - \nammettere 1 ' e c c e z i o ne di d e \n\ncadenza o di n u l l i t\u00e0 del - - \ni m o t i vi di decadenza del - - \nil procedimento per la decaden \n\nza o la n u l l i t\u00e0 del - - \n\nla procedura di decadenza o di \n\nn u l l i t\u00e0 del \n\npronunciare la decadenza o la \n\nn u l l i t\u00e0 di un - - \n\n163 \nil r i c o r so per decadenza del - - 16 3 \nproporre un r i c o r so per d e c a \n\ndenza del - - \n\nfar v a l e re la decadenza di un \n\nla pronuncia di decadenza to \ntale o parziale del - - \ni diritti conferiti dal - - \nacquistare diritti sul - - \nl'acquisto del diritto al \nla domanda di - - \nle domande anteriori di -/chi \n\n-/pei \n\ndepositare domande di -/chi \n\n-/pei \n\n163 \n\n163 \n163 \n163 \n163 \n163 \n\n163 \n\n163 \n\nil deposito delle domande \n\nil deposito della domanda \n\ndi \n\ndi \n\nl ' e s a me d e l le domande di - - \nl ' e s a me d e l la domanda di - - \nf a s c i c o lo d e l le domande \nil \ndi - / c hi - / p ei \nf a s c i c o lo r e l a t i vo a l la \ndomanda di - - \n\nil \n\nc o n s u l t a re il \n\nf a s c i c o lo r e \n\nle \n\nl a t i vo a l la domanda di - - \ni r r e g o l a r i t\u00e0 d e l la domanda \ndi - - \n\nla modificazione della doman \n\nda di \n\nla notificazione della do \n\nmanda di - - \n\nl'opposizione alla/contro la \n\ndomanda di - - \n\nfare opposizione contro la \n\ndomanda di - - \n\nchi ha presentato una domanda \n\ndi \n\nla lista di prodotti relativi \n\nalla domanda di - - \n\npubblicare la domanda di - - \nla pubblicazione della domanda \n\ndi \n\nr e s p i n g e re la domanda di - - \nr i c e v e re domande di - - \nr i g e t t a re la domanda di - - \nil r i g e t to d e l la domanda di \n\nr i t i r a re la domanda di - - \nil r i t i ro d e l la domanda di - - \nla t r a s m i s s i o ne d e l le domande \n\ndi - / c hi - / p ei \nla durata del - - \ng li e f f e t ti del - - \nl ' a m b i to t e r r i t o r i a le di e f \n\nf i c a c ia del - - \nl ' e s t i n z i o ne del - - \nle cause di e s t i n z i o ne del - - \nl ' i n c o n t e s t a b i l i t\u00e0 del - - \nl ' i s c r i z i o ne del - - n el r e \ng i s t ro europeo dei marchi \nl i c e n za di - - \n\nla \nla m o d i f i c a z i o ne del - - \nuna nota e s p l i c a t i va del - - \nuna n o t i f i c a z i o ne r e l a t i va \n\nal \n\nnozione di - - \n\nla \nla n u l l i t\u00e0 del \nla n u l l i t\u00e0 del - - per \n\nl ' e s i \nstenza di marchi o di a l t ri \nd i r i t ti a n t e r i o ri \nla n u l l i t\u00e0 del - - per \nne d e l la p e r s o n a l i t\u00e0 \n\nl e s i o \n\nla n u l l i t\u00e0 del - - per m o t i vi \n\na s s o l u ti di r i f i u to \n\nla n u l l i t\u00e0 del - - per una p a r \n\nte dei p r o d o t ti \n\nl ' a z i o ne di n u l l i t\u00e0 di un/ \n\ndel \n\n163 \n\n163 \n163 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n163 \n163 \n163 \n\n163 \n163 \n\n163 \n163 \n163 \n\n163 \n163 \n163 \n163 \n\n163 \n163 \n163 \n163 \n\n163 \n163 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n- 1 2 / it \n\n-\n\nPE 64. 907 \n\n\fm a r / c h io e u r o / p eo \n\n( s e g u i t o) \n\np r o p o r re \n\n( u n ' ) a z i o ne di \n\nn u l l i t\u00e0 d el - - \n\nil p r o c e d i m e n to d ' a p p e l lo \nla d i c h i a r a z i o ne di \n\np er \nn u l l i t\u00e0 d el \n\ne c c e p i re la n u l l i t\u00e0 d el - - \ng li e f f e t ti d e l la n u l l i t\u00e0 \n\nd e l / di un \n\nfar valere la nullit\u00e0 del/ \n\ndi un - - \n\nla pronuncia di nullit\u00e0 to \ntale o parziale del - - \n\ndichiarare nullo il - - \nopporre al - - un marchio \nanteriore o un altro di \nritto anteriore \n\nla protezione assicurata \n\ndel \n\nregistrare il - - \nla registrazione del - - \nl'attestazione di registra \n\nzione del - - \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n163 \n163 \n\n163 \n\nl'incontestabilit\u00e0 all'atto \n\ndella registrazione del - - 163 \n\nchiedere la registrazione di \n\nun - - \n\nla decisione relativa alla \nregistrazione del - - \nla legittimazione alla do \nmanda di registrazione \ndei -/chi -/pei \n\nl'istanza per la registrazio \n\nne di un - - \n\nfare opposizione alla regi \n\nstrazione del - - \n\nprocedere alla registrazione \n\ndel \n\nil procedimento per la regi \nstrazione di un/del - - \nconsultare i documenti del \n\nfasciolo relativo alla pro \ncedura di registrazione \ndel \n\nla pubblicazione della regi \n\nstrazione del - - \n\nla scadenza della registra \n\nzione del - - \n\nla trasformazione della regi \nstrazione di un - - in do \nmanda nazionale \n\nil richiedente di un - - \nla rinnovazione del - - \nla registrazione e la pubbli \ncazione della rinnovazione \ndel \n\nrichiedere la rinnovazione \n\ndel \n\nla rinuncia al - - \ncomunicare in forma scritta \n\nla rinuncia al - - \n\nuna riproduzione del - - \nil titolare del/di un - - \nil rappresentante del tito \n\nlare del \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n163 \n\n163 \n\n163 \n163 \n\n163 \n163 \n163 \n\n163 \n\nil trasferimento del - -\ntrasferire il - -\nl'uso del - - da parte di \n\nterzi per fini diversi da \nquelli del marchio \nopporsi all'uso del - -\nfare un uso rilevante del - -\nla validit\u00e0 del - -\ncontestare la validit\u00e0 del - -\n\nmar/chio euro/peo colietti/vo \n\nil \n- / c hi - / p ei \ni \nil \n- - - d e c a de \nla decadenza d el \nl ' a z i o ne di decadenza d el \n\n- / vi \n\n- - \n\n-\n\np r o p o r re l ' a z i o ne di d e c a \n\ndenza d el \n\n- - \navere facolt\u00e0 di proporre \n\n-\n\nun'azione di decadenza o \ndi nullit\u00e0 di un \n\ni diritti conferiti dal - - -\nesercitare i diritti confe \n\nriti dal - - -\nla domanda di - - -\nrespingere la domanda di - - -\nil rigetto della domanda di \n\nla nullit\u00e0 di un/del - -\ninvocare la nullit\u00e0 di un \n\ndichiarare nullo il - - -\nla registrazione del - - -\nl'estinzione della registra \n\nzione del - - -\n\nproporre opposizione contro \nla registrazione del - - -\nessere abilitato a proporre \n\nopposizione contro la regi \nstrazione del - - -\n\nil registro dei -/chi -/pei \n\n-/vi \n\nil titolare del - - -\nutilizzare i -/chi -/pei \n\n-/vi \n\nmar/chio naziona/le \n\ni -/chi -/li \ni -/chi -/li anteriori \nproporre azioni nei confron \n\n163 \n163 \n\n163 \n163 \n163 \n163 \n163 \n\n162 \n162 \n162 \n162 \n\n162 \n\n162 \n\n162 \n162 \n\n162 \n162 \n162 \n\n162 \n162 \n\n162 \n162 \n162 \n\n162 \n\n162 \n\n162 \n\n162 \n162 \n\n162 \n\n161 \n161 \n\nti di -/chi -/li collettivi \n\n161 \n\ni titolari di -/chi -/li \n\nsimili \n\nla contraffazione di un - -\nle azioni di contraffazione \n\ndi un - -\n\ndepositare il - - quale \n\nmarchio europeo \n\nil deposito di -/chi -/li \nesistenti quali marchi \neuropei \n\nmantenere il - - nello Stato \n\ncontraente in cui. l'azione di decadenza o di \n\nnullit\u00e0 di un - -\n\n161 \n163 \n\n163 \n\n161 \n\n161 \n\n161 \n\n163 \n\n- 13/it -\n\nPE 64. 907 \n\n\fmar/chio naziona/le (seguito) \n\ni nuovi -/chi -/li \nla natura dei fatti che hanno \ndato origine ai -/chi -/li \n\nla registrazione di un - - \nil procedimento per la registra \n\nzione di un - - \n\n161 \n\n161 \n161 \n\n161 \n\niscrivere nel registro europeo \n\ndei marchi i -/chi -/li \n\n161 \nle azioni relative ai -/chi -/li 163 \nil titolare di un - - o il suo \n\navente causa \n\nla validit\u00e0 dei -/chi -/li \nla violazione di un - - \n\n161 \n163 \n161 \n\nmer/ce \n\nle -/ci (che sono) commercializ \nzate con un marchio identico \no simile \n\nil principio della libera cir \ncolazione delle -/ci provvi \nste di marchio \n\nmez/zo \n\ni -/zi istruttori \ndisporre -/zi istruttori \n\nministero \n\nl'ufficio del pubblico -\n\nmorale \n\nil marchio contrario alla -\no all'ordine pubblico \n\nmotivazione \n\nla - dell'appello \n\nmoti/vo \n\n-/vi validi per giustificare \n\nil mancato uso \nsenza legittimo -\nvalidi -/vi \nsenza validi -/vi \n\n203 \n\n203 \n\n144 \n144 \n\n164 \n\n165 \n\n118 \n\n166 \n166 \n166 \n166 \n\nno/me \n\nl'uso del proprio - di famiglia \nil - di persona \n\n167 \n167 \n\nnominare \n\n- i funzionari e gli agenti \n\n168 \n\nnor/ma \n\nle -/me sulla concorrenza sleale \nle -/me procedurali \nla violazione di -/me procedu \n\n\u00ccOO \n202 \n\nrali o di formalit\u00e0 di carat \ntere sostanziale \nle -/me processuali \n\n202 \n202 \n\nnormati/va \n\ndelle -/ve nazionali concernen \n\nti i marchi \n\nnotificare \n\n- la decisione \n- decisioni e citazioni \n\n153 \n\n172 \n172 \n249 \n\nnotificazione \n\n171 \nla - dell'atto \nla - della decisione \n248 \nla - della decisione impugnata 248 \nla - della domanda di marchio \n\neuropeo \nla - d'esame \nuna - per pubblici proclami \nuna - relativa al marchio \n\neuropeo \n\nnullit\u00e0 \n\npronunciare la - parziale o \ntotale della decisione \nimpugnata \n\nla decadenza o la - del \n\nmarchio CEE \n\nla - (del marchio CEE) per \n\n1'esistenza di marchi o di \naltri diritti anteriori \nla - del marchio CEE per mo \ntivi assoluti di rifiuto \nl'azione di decadenza o di -\ndel marchio europeo/di un \nmarchio nazionale \n\nil giudizio di -\nle istanze competenti per la \n\npronuncia della -\n\n171 \n171 \n252 \n\n171 \n\n11 \n\n173 \n\n173 \n\n173 \n\n173 \n173 \n\n10 \n\nla pronuncia di - trascritta nel \nregistro europeo dei marchi \ne pubblicata nel Bollettino \neuropeo dei marchi \n\n163 \n\nnumero \nil -\n\nofferta \n\ndifferenziare 1'-\n\noperazio/ne \n\n1'esecuzione delle \n\n-/ni \n\nfinanziarie \n\nopponibile \n\nessere - ai terzi \nnon essere - a. opposizione \n\n1'- deve essere debitamente \n\nmotivata \n\n1'- deve essere presentata \n\nper iscritto \n\nla limitazione del diritto \n\nd'- \nfare - \nchi ha fatto - \nla procedura di - \nla divisione d'esame respinge \n\n1'- \n\nil rigetto dell'- \nle decisioni relative al ri \n\n41 \n\n178 \n\n179 \n\n180 \n180 \n\n182 \n\n182 \n\n182 \n182 \n181 \n182 \n\n182 \n182 \n\ngetto di un'- \n\n182 \npronunciare il rigetto di un'- 182 \n\n- 14/it -\n\nPE 64. 907 \n\n\fordinamen/to \n\nmarchi provenienti da -/ti \n\ngiuridici diversi \n\ni rapporti fra pi\u00f9 -/ti \n\ngiuridici statali \n\nla coesistenza degli -/ti na \nzionali e di quello comuni \ntario (in materia di marchi) \n\nla tutela offerta dai singoli \n\n-/ti nazionali \n\n255 \n\n184 \n\n100 \n\n261 \n\nperizia \nla -\n\nperso/na \n\n117 \n\nuna - economicamente legata a. 192 \n192 \nuna - fisica o giuridica \nle -/ne fisiche e giuridiche \n192 \nle -/ne fisiche iscritte sul \n\nl'apposito elenco compilato \ndall'Ufficio europeo dei marchi 192 \n192 \n\nper interposta - \n\nordine \n\nil marchio contrario alla m o \n\nrale o all'- pubblico \n\nessere contrario ai principi \n\npersonalit\u00e0 \n\n184 \n\navere - giuridica \n\nfondamentali dell'- pubblico \n\n184 \n\nportata \n\norganizzazione \n\n1'- internazionale \n\norga/no \n\ngli -/ni amministrativi \nl'istituzione di un - arbitrale \ngli -/ni giurisdizionali \n\n5 \n242 \n267 \n\nla - del marchio CEE \n\n185 \n\npote/re \n\nesercitare il - disciplinare \ndelegare i propri -/ri \n\npregiudicare \n\nnon -\n\norigine \n\n1'- geografica di un prodotto \nla funzione di certificazione \n\ndell'- del prodotto \n\nil marchio basta (da solo) ad \nindicare 1'- dei prodotti ad \nesso collegati \n\noss erva zio/ne \n\npresentare le -/ni \n\npagamento \n\nl ' a c c e r t a m e n to d e l l ' a v v e n u to \n\n-\n\np a r i t\u00e0 \nla \n\n- in v i g o re \nd e p o s i to \n\nil g i o r no d el \n\np a r o / la \n\n- / le e immagini \n\np a r / te \nuna \nle \nun p r o c e s so che si s v o l ge \n\n-\n- / ti \n\nf ra \nle - / ti d el p r o c e d i m e n to di \na c c e r t a m e n to \n\nuna causa \n\nle c ui - / ti sono \n\ni-\nd e n t i c he a q u e l le d el p r o \ncedimento di a c c e r t a m e n to \n\nl ' a u d i z i o ne d e l le \nla c o m p o s i z i o ne p e r s o n a le d e l \n\n- / ti \n\nle \n\n- / ti \n\nle p r o ve p r o p o s te d a l le \n\n- / ti \n\np a r t e c i p a n / te \n\ni \n\n- / ti al p r o c e d i m e n to \n\np a r t e c i p a re \n\nd ' a p p e l lo \n\nc hi p a r t e c i pa a un p r o c e d i m e n to \n\np r e g i u d i z i a le \n\n207 \n\nd e c i d e re in v ia \n\n- \n\n207 \n\np r e s u p p o / s to \n\ni d i v e r g e n ti \n\n- / s ti g i u r i d i ci \n\n207 \n\np r e v i s i o ne \n\nc o s t i t u i re o g g e t to di - \n\n174 \n\np r i o r i t\u00e0 \n\nr i v e n d i c a re \na n t e r i o re \n\nla \n\n- di un d e p o s i to \n\nil d i r i t to di r i v e n d i c a re \nd el d e p o s i to decade \nla d i c h i a r a z i o ne di - \np r e s e n t a re una d i c h i a r a z i o ne \n\nla \n\n-\n\nc o n c e d e re un d i r i t to di - \ng o d e re di un d i r i t to di - \nla r i v e n d i c a z i o ne d el d i r i t to \n\ndi - \n\ndi - \n\nil p r i n c i p io d e l la \nla r i v e n d i c a z i o ne d e l la \nil \n\nt e r m i ne di - \n\n- \n\n- \n\np r i v i l e / g io \n\nf r u i re d ei - / gi e d e l le \n\nimmuni \nt\u00e0 n e c e s s a ri a l l ' a d e m p i m e n to \nd e l le l o ro f u n z i o ni \n\np r o c e d i m e n / to \n\n- di a c c e r t a m e n to \n\nil \nun p r o c e s so che si s v o l ge \n\nf ra \n\nuna causa \n\nle c ui p a r ti sono \n\nle p a r ti d el - di a c c e r t a m e n to \ni d e n \nt i c he a q u e l le d el - di a c c e r-\ntarnento \n- d ' a p p e l lo \n\nil \nl ' i n t r o d u z i o ne di un - a r b i t r a le \nil \n\nl ' a z i o ne di \n\nc o n t r a f f a-\n\n- p er \nz i o ne \n\n186 \n\n188 \n\n247 \n\n189 \n190 \n\n190 \n\n190 \n190 \n\n190 \n189 \n\n189 \n\n189 \n\n- 1 5 / it \n\nPE 64. 907 \n\n191 \n\n205 \n\n195 \n21 \n\n20 \n\n261 \n\n58 \n\n199 \n\n200 \n\n200 \n200 \n\n200 \n200 \n200 \n\n200 \n200 \n200 \n200 \n\n201 \n\n202 \n\n202 \n\n202 \n202 \n202 \n\n202 \n\n\fprocedimen/to (seguito) \n\nil - che si \u00e8 concluso con la \n\ndecisione \n\nil - conclusosi con una d e c i \n\nsione \n\nil - per contraffazione \nil - per contraffazione di un \n\nmarchio europeo \n\nsospendere il - per contraf \n\nfazione del marchio europeo \ni -/ti nazionali di registra \n\nzione e di opposizione \nl'inizio del - nazionale \nil - p er la registrazione \nla semplificazione del - di \n\nregistrazione \nil - di ricorso \ni partecipanti al - \npartecipare al - \ni soggetti ammessi a proporre \nricorso e a partecipare al \nrelativo - \n\nprocedura \n\nla - di opposizione \nla - per la registrazione \n\n202 \n202 \n\nprocesso \n\nun - c he si svolge fra le p a r \n\nti del procedimento di a c c e r \ntamento \n\n159 \n\nla commissione degli a n n u l \n\nlamenti pu\u00f2 - conformemente \nalla domanda \n\ndomandare alla Corte europea \ndei marchi di pronunciarsi \n\n25 3 \n\n253 \n\npropriet\u00e0 \n\nla - industriale o commerciale 100 \ni lavori per il ravvicinamento \no l'unificazione dei diritti \ndi - industriale \n\n204 \n\ni servizi centrali della -\n\nindustriale \n\nil marchio europeo come ogget \n\nto di - \n\nproteggere \n\n2 04 \n\n204 \n\nvenire giuridicamente protetto 205 \n\n202 \n\n202 \n202 \n\n202 \n\n202 \n\n202 \n202 \n202 \n\n202 \n202 \n202 \n202 \n\nprotezione \n\nla - formale dei marchi di \n\n202 \n\nservizio \n\nil regime comunitario di -\n\ndei marchi \n\nottenere un'efficace - \nraccogliere informazioni sulla \nidoneit\u00e0 di un marchio ad \nottenere la - \n\n205 \n\n205 \n205 \n\n205 \n\npro/va \n\nle -/ve proposte dalle parti \nle -/ve testimoniali \n\n198 \n198 \n\nprocura \n\nesibire - scritta \n\nprodot/to \n\ni -/ti di un'impresa \ni -/ti sui quali \u00e8 apposto \n\nil marchio \n\n-/ti molto simili dal punto \n\ndi vista economico \n-/ti uguali o simili \nacquistare di nuovo un -\n\nsecondo la qualit\u00e0 e il \ntipo \n\n195 \n\n203 \n\n203 \n\npubblicazio/ne \n\nla - dell'atto \nla - della registrazione del \n\nmarchio europeo \nlo scambio di -/ni \n\npubblicit\u00e0 \n\n61,203 \n203 \n\nl'utilizzazione del marchio \nsu documenti commerciali \ne nel settore della - \n\n208 \n\n208 \n208 \n\n209 \n\n203 \n\nqualificazione \n\nuna speciale - professionale \n\n210 \n\ntrarre in inganno il pubblico \ndei consumatori sulla n a \ntura o sulla provenienza \ndei -/ti \n\nquando lo stato dei -/ti \u00e8 \n\nmodificato o alterato \n\n203 \n\n203 \n\nprodutto/re \n\ni -/ri e distributori di a r \n\nradiare \n\n- i marchi totalmente o par \nzialmente inutilizzati \n\nragione \n\nla - sociale \n\nticoli provvisti di marchio \n\n120 \n\nrappor/to \n\nproduzione \n\nla - industriale di massa \nla - industriale di massa \n\n(di articoli) \n\n121 \n\n203 \n\npronunciarsi \n\n- in prima istanza sull'azione \ndi decadenza o di nullit\u00e0 di \nun marchio europeo \n\n253 \n\ni -/ti che derivano da un \ncontratto di licenza \n\nrappresentante \n\nil - \nogni - iscritto, il cui man \ndato sia venuto a cessare \n\nnominare/designare un rap \n\npresentante \n\npoter esercitare le proprie \nfunzioni di - davanti al \nl'Ufficio dei marchi \n\n- 16/it -\n\nPE 64. 907 \n\n211 \n\n212 \n\n213 \n\n230 \n\n230 \n\n230 \n\n231 \n\n\frappresentanza \n\nessere abilitato alla - in \n\nmateria di marchi \n\nrisultare abilitato all'e \nsercizio professionale \ndella - in materia di \nmarchi \n\nla - necessaria \nla - delle persone fisiche \n\ne giuridiche presso 1'Uffi \ncio europeo dei marchi \n\nla - presso l'Ufficio europeo \n\ndei marchi \n\npoter assumere la - presso \n\nl'Ufficio europeo dei marchi \n\nla - professionale \nl'abilitazione alla -\nconferire il potere di - a \n\nvari mandatari \n\nravvicinamento \n\nil - del diritto interno \n\nsui marchi \n\nreciprocit\u00e0 \n\naccordare la -\nconcedere la -\n\nregime \n\nil - applicabile agli altri \n\ndipendenti \n\nil - comunitario/europeo dei \n\nmarchi \n\nil - comunitario di prote \n\nzione dei marchi \n\n231 \n\n231 \n231 \n\n231 \n\n231 \n\n231 \n2 31 \n231 \n\n217 \n217 \n\n222 \n\n255 \n\n255 \n\nla durata della - \n105 \nla scadenza della durata della - 105 \nper decorso del termine di du \n\nrata della - \n\ngli effetti della - di. du \n\nrano. (dieci anni) \nessere escluso dalla - \nil marchio/il marchio europeo \n\n\u00e8 escluso dalla - \nl'indicazione della - \nil procedimento per la/di - \nla semplificazione del proce-\n\ndimento di - \n\nle spese del procedimento per \n\nla - \n\nla procedura per la - \nlo svolgimento delle procedure \n\ndi - \" \n\n231 \n\nil giorno della pubblicazione \n\ndella - \n\nla scadenza della - \n\n214 \n\nregistro \n\nil - europeo dei marchi \nil - europeo dei marchi \u00e8 \n\naperto al pubblico \n\n223 \nannotare nel - europeo dei marchi 223 \nfigurare nel - europeo dei marchi 223 \nil marchio europeo \u00e8 iscritto \nnel - europeo dei marchi \nuna persona iscritta nel - eu \n\n223 \n\nropeo dei marchi \n\nchi risulta iscritto nel -\n\neuropeo dei marchi \n\niscrivere nel - europeo dei \n\nmarchi \n\nregistrare \n\nessere registrato quale mar \n\nchio europeo \n\niscrivere nel - europeo dei \n\nmarchi nazionali \n\n106 \n\niscrivere la rinuncia nel -\n\nregistrazione \n\neuropeo dei marchi \n\nl'iscrizione nel - europeo dei \n\nla - futura di segni distin \n\nmarchi \n\ntivi \n\nla - del marchio \ni casi in cui la - del marchio \n\ndeve essere rifiutata \nla decisione sulla - del \n\nmarchio \n\nil procedimento per la - di \n\nun marchio europeo/del mar \nchio europeo \n\nla procedura/il procedimento \nper la - di un marchio na \nzionale \n\ni requisiti di validit\u00e0 ne \n\ncessari alla - dei marchi \n\nil rifiuto di - dei marchi \nla - \u00e8 pubblicata nel Bollet \ntino europeo dei marchi \n\nun attestato di -\ncancellare la -\nla domanda di - e la registra \nzione stessa di marchi comu \nnitari \n\nla perdita del diritto al \nmarchio dopo la sua -\n\n105 \n\n105 \n80 \n\n105 \n105 \n105 \n\n105 \n\n105 \n\n105 \n105 \n\n105 \n\n105 \n\nl'iscrizione della comunica-\nzione (relativa alla modi \nficazione) nel - europeo \ndei marchi \n\nl'iscrizione del marchio eu-\nropeo nel - europeo dei \nmarchi \n\nregistrare una licenza nel -\n\n105 \n\neuropeo dei marchi \n\nun estratto della registra \nzione del marchio nel -\neuropeo dei marchi \n\nuna speciale sezione del -\n\neuropeo dei marchi \n\nil - dei marchi CEE \nil - dei marchi europei col-\n\nlettivi \n\nregolamento \n\nil - di esecuzione della \npresente convenzione \n\n224 \n224 \nstabilire il - finanziario \nil - del marchio/sul marchio \n224 \nadeguare il - (del marchio) a. 224 \n\n105 \n\n105 \n105 \n\n105 \n105 \n105 \n\n86 \n\n105 \n105 \n\n105 \n\n105 \n105 \n\n223 \n\n223 \n\n22 3 \n\n223 \n\n223 \n\n22 3 \n\n22 3 \n\n22 3 \n\n223 \n\n223 \n\n223 \n\n223 \n223 \n\n223 \n\n- 17/it -\n\nPE 64. 907 \n\n\fregolamento (seguito) \n\npoter consultare il - del \n\nmarchio \n\nla consultazione del -\n\ndel marchio \n\nogni comunicazione relativa \n\na una modifica del - \n\nla modificazione del - del \n\nmarchio \n\nil - relativo alle tasse, \n\nadottato in esecuzione della \npresente convenzione \nun uso contrario al - \n\n224 \n\n224 \n\n224 \n\n224 \n\n224 \n224 \n\nrelazione \n\nla - sull'attivit\u00e0 svolta \n\n213 \n\nresponsabilit\u00e0 \n\nla - personale dei dipendenti \nsotto la propria - \n\n2 33 \n2 33 \n\nrestituzione \n\nla - in termini \n\nrevisione \n\nla - della convenzione \nla conferenza di - \npartecipare alle conferenze \n\ndi - \n\nrevisore \n\nil - dei conti \n\nricerca \n\n236 \n\n238 \n238 \n\n238 \n\n47 \n\nintraprendere la - di eventuali \n\ndiritti anteriori \n\n216 \n\nrichiedente \n\nil -\nun atto che il - ha \n\ncompiuto \n\npresa di posizione del -\nsentire il -\n\nrichiedere \n\n- il marchio a fini commer \nciali, senza l'intenzione \ndi farne un uso effettivo \n\nrichiesta \n\nuna - di accertamento \nil deposito di una - di \n\naccertamento \n\nla - di trasformazione \nil deposito di -\npresentare una -\nla ricezione di una -\n\nricor/so \n\nritenere che il - sia ammis \n\nsibile e fondato \n\n- per cassazione (dinanzi) \n\n13,81,84 \n\n81 \n81 \n81 \n\n85 \n\n80 \n\n80 \n232 \n232 \n232 \n232 \n\nalla Corte europea dei marchi 194 \n\nil - deve essere delibera \n\ntamente motivato \n\n218 \n\nil - deve essere presentato \nall'Ufficio europeo dei \nmarchi, in forma scritta \n\nil - \u00e8 ricevibile \nil - ha effetto sospensivo \nun - per nullit\u00e0 contro un \n\nmarchio europeo \n\nproporre contro un marchio \neuropeo un - per nullit\u00e0 \n\naccogliere il - \nl'accoglimento totale o \n\nparziale del - \n\nl'autore del - \nsentire l'autore del - \nla camera dei -/si procede \nd'ufficio all'esame dei \nfatti \n\nla commissione dei -/si \nla commissione dei -/si deci \nde in merito al ricorso, \nsenza sentire la parte \nla decisione della commis \n\nsione dei -/si deve essere \nmotivata \n\nla decisione della commis \n\nsione dei -/si in ordine \nal ricorso \n\nla decisione pronunciata \n\n218 \n218 \n218 \n\n218 \n\n218 \n218 \n\n218 \n218 \n218 \n\n218 \n218 \n\n218 \n\n218 \n\n218 \n\ndalla commissione dei -/si 218 \n\ntrasmettere il ricorso alla \n\ncommissione dei -/si, \nsenza parere sul merito \nessere competente a decidere \ni -/si per incompetenza, \nviolazione di forme es \nsenziali,. decidere i -/si presentati \n\ncontro. decidere in merito al -, \nsenza sentire la parte \n\nla decisione del - \nla decisione soggetta a - \ngli effetti del - \n1'esame del - \nle pretese su cui si fonda \n\nil - \n\nse \u00e8 accertata la fondatez \n\nza del - \n\nla preclusione di un mezzo \n\ndi - \n\nla motivazione del - \ni motivi del - \nil deposito dei motivi di - \nessere oggetto di - \npresentare un - \nla presentazione del - si ha \n\nper non avvenuta \nil procedimento di - \nessere parti del procedimen \n\nto di - \n\ndi - \n\nproporre il - \ni soggetti ammessi a propor \nre - e partecipare al re \nlativo procedimento \n\n218 \n\n218 \n\n218 \n\n218 \n218 \n218 \n218 \n218 \n\n218 \n\n218 \n\n218 \n218 \n218 \n218 \n218 \n218 \n\n218 \n218 \n\n218 \n\n218 \n218 \n\n218 \n\n218 \n\nle spese del procedimento \n\n- 18/it -\n\nPE 64. 907 \n\n\fricor/so (seguito) \n\nnon pu\u00f2 proporsi - contro. la replica al -\nrigettare il - dichiarandone \n\n1'infondatezza \n\nil ritiro del -\nessere soggetto a -\nla tassa di -\n\nricusare \n\n- i membri delle commissioni \ndei ricorsi o delle commis \nsioni degli annullamenti \n\nrifiuto \n\nil - del marchio \nil - di registrazione dei \n\nmarchi \n\n1'esame relativo ai motivi \n\nassoluti di -\n\nla nullit\u00e0 del marchio CEE \nper motivi assoluti di -\n\nriforma \n\nla - pregiudiziale \n\nrinnovazione \n\nla richiesta di -\n\nrinnovo \n\nil pagamento dei diritti di -\nl'estinzione del marchio per \n\nmancato -\n\n218 \n218 \n\n218 \n218 \n218 \n218 \n\n219 \n\n221 \n\n226 \n\n221 \n\n221 \n\n238 \n\n228 \n\n228 \n\n76 \n\nrinuncia \n\n1'estinzione del marchio per \n- da parte del titolare \n\n227 \n\nrisarcimento \n\nchiedere il - del danno subito \n\nda. le inibitorie e le azioni di -\n\n229 \n99 \n\nrisoluzione \n\nla - dei conflitti con i marchi \n\nnazionali anteriori \n\n224 \n\nrisultato \n\nprodurre un - industriale \n\n237 \n\nrivolgere \n\nrivolgersi alla Corte europea \n\ndei marchi \n\nrogatoria \n\nla domanda di -\n\nsai/do \n\ndepositare i -/di disponibili \npresso le tesorerie degli \nStati contraenti \n\nsanzio/ne \n\nproporre -/ni disciplinari \n\n239 \n\n48 \n\n251 \n\n240 \n\nsco/po \n\nnell'ipotesi in cui il marchio \nprotetto viene utilizzato a \nscopo imitativo o per \naltri -/pi illeciti \n\n32,220 \n\nsede \n\navere la - sociale \n\n246 \n\nse/gno \n\ni -/gni atti a distinguere \nle merci od i servizi di \nchi propone la domanda \ndalle merci o servizi di \naltri \n\nil marchio in quanto -\n\n247 \n\ndistintivo \n\n132, \n\n247 \n\nla registrazione futura \ndi -/gni distintivi \nmarchi e altri -/gni di \n\nstintivi non registrati \n\n-/gni identici \nl'uso di -/gni indicativi \n\no descrittivi \n\nun - simile \nutilizzare il marchio o \n\nil - simile \n\nl'utilizzazione del marchio \n\no di un - simile \n\nl'uso del marchio di servi \n\nzio o di un - simile \nun - utilizzato nel campo \ndell'attivit\u00e0 economica \n-/gni che vengono utilizzati \ncon una presentazione (ver \nbale o figurativa) diversa \n\nsegreto \n\nessere coperto dal - profes \n\nsionale \n\nsentire \n\ndecidere sull'istanza, sena \n\n- la parte \n\ndecidere in merito al ricorso, \n\nsenza - la parte \n\nservi/zio \n\ni -/zi centrali della pro \n\npriet\u00e0 industriale \n\nun certificato rilasciato \n\ndal - centrale della pro \npriet\u00e0 industriale dello \nStato di cui trattasi \n\nl'opposizione dei -/zi \n\ncentrali della propriet\u00e0 \nindustriale \n\nla libera circolazione di \nmerci e -/zi dotati di \nmarchio \n\nla cessazione del -\nfinch\u00e9 sono in -\n\nsezione \n\nla - d'esame \nla - d'esame decide in m e \nrito all'istanza, senza \ntrattazione orale \n\n247 \n\n247 \n247 \n\n139 \n247 \n\n247 \n\n247 \n\n247 \n\n247 \n\n247 \n\n241 \n\n22 \n\n22 \n\n245 \n\n245 \n\n245 \n\n245 \n125 \n125 \n\n242 \n\n242 \n\n- 19/it -\n\nPE 64. 907 \n\n\fsicurezza \n\nla - giuridica \n\nsigillo \nil -\n\nsomiglianza \n\nterrito/rio \n\n243 \n\nnel -/per il complesso dei \n\n-/ri degli Stati contraenti \n\n258 \n\nnell'insieme dei -/ri degli \n\n33 \n\nStati contraenti \n\nsul - di tutti gli Stati con \n\ntraenti \n\nla - tra il marchio europeo \ne il marchio anteriore \n\n234 \n\nterzi \n\nspe/sa \n\nle -/se iscritte nel bilancio \nle -/se di personale \nautorizzare le -/se \nl'autorizzazione delle -/se \nla copertura delle -/se \nconstatare la legittimit\u00e0 e \n\nla regolarit\u00e0 delle entrate \ne delle -/se \n\nstampo \nlo -\n\nstatuto \n\n83 \n83 \n83 \n83 \n83 \n\n83 \n\n104 \n\nstabilire lo - dei funzionari \n\n254 \n\nstrutturazione \n\nla - giuridica di un marchio CEE 63 \n\ntas/sa \nla - \nla - per classe di prodotto \nla - di deposito \nla - d'opposizione \nle -/se per la pubblicazio \n\nne e la stampa \n\nle -/se per la registrazione \nle -/se (prescritte) per la \n\n256 \n256 \n256 \n256 \n\n256 \n256 \n\n256 \nregistrazione \nla - di ricorso \n256 \nil pagamento della - di ricorso 256 \nla sostituzione della - di \n\nla priorit\u00e0 nei confronti di \n\ndiritti dei - \n\ntesore/ria \n\ndepositare i saldi disponibi \nli presso le -/rie degli \nStati contraenti \n\ntestimo/ne \n\ni -/ni che non compaiono \n\n257 \n\ntitola/re \n\nil - o il suo avente causa \nil - attuale \nil - deve dichiarare che ha \n\nutilizzato il marchio \n\nil diritto del - di diritti \nanteriori di continuare \nnell'uso del marchio \n\nil - (del marchio) \nil - del marchio \nil - del marchio anteriore \nse il - del marchio anteriore \npu\u00f2 dimostrare di averlo \nvalidamente utilizzato. il - precedente \nl'opposizione dei -/ri \n\ntitolo \n\ncostituire - esecutivo \nl'autenticit\u00e0 del - \n\ntrasferibilit\u00e0 \n\n258 \n\n259 \n\n260 \n\n266 \n\n161 \n262 \n\n262 \n\n262 \n262 \n262 \n262 \n\n262 \n262 \n262 \n\n261 \n261 \n\n38 \n\nricorso \n\nle -/se di rinnovazione \nil pagamento delle -/se di \n\nrinnovazione \n\nil mancato pagamento delle \n\n-/se di rinnovazione \nla scadenza delle -/se di \n\nrinnovazione \n\nle -/se prescritte/la - pre \n\nscritta dal regolamento re \nlativo alle -/se, adottato \nin esecuzione della presente \nconvenzione \nriscuotere -/se \n\n256 \n256 \n\n(il principio del-) la libera -\n\ndei marchi \n\n256 \n\ntrasferire \n\n256 \n\n256 \n\nil marchio pu\u00f2 essere trasferito 36 \n\ntrasformazione \n\nla - di marchi nazionali preesi \nstenti in registrazioni comu \nnitarie \n\n265 \n\ntratta/to \n\n256 \n256 \n\n-/ti bilaterali o multilaterali 264 \nil - per la registrazione dei \n\nmarchi(TRM) \n\n264 \n\ntermine \n\nil - di propriet\u00e0 \nprorogare un - \nla scadenza del - \n\nterritorialit\u00e0 \n\n78 \n78 \n78 \n\nil principio della - \n\n259 \n\ntrattazione \n\nla - orale e pubblica nel pro \ncedimento davanti alle com \nmissioni dei ricorsi e davanti \nalle commissioni degli annul \nlamenti \n\n22 \n\n- 20/it -\n\nPE 64. 907 \n\n\ftrattazione (seguito) \n\ndecidere in merito all'istan \n\nza, senza - orale \n\ntutela \n\nla - del consumatore da con \nfusioni, inganni e frodi \n\nla - dei contrassegni non \n\nregistrati \nla - giuridica \ncreare una - giuridica unita \n\n22 \n\n205 \n\n205 \n205 \n\nria ed autonoma \n\n261 \n1'estensione della - dei marchi 205 \nle imprese interessate alla -\n\ndel marchio \n\ntutelare \n\n- il marchio a livello comu \n\nnitario \n\nudien/za \n\nle -/ze di. blicate \n\nUfficio \n\nnon sono pub-\n\n1'- dei marchi CEE \n1'- nazionale dei marchi \n\nUfficio europeo dei marchi (UEM) \n\nl'UEM \nla data di apertura dell'UEM \nil giorno di apertura dell'UEM \nproporre appello ali'UEM \nl'attivit\u00e0 dell'UEM \ngli atti dell'UEM \nla legittimit\u00e0 degli atti \n\ndell'UEM \n\nil bilancio dell'UEM \nle competenze dell'UEM \nil consiglio d'amministrazione \n\ndell'UEM \n\nle deliberazioni dell'UEM \nla direzione dell'UEM \nproporre una domanda all'UEM \nle persone fisiche iscritte \n\nnell'apposito elenco compi \nlato dall'UEM \n\nle entrate dell'UEM \nil primo esercizio finanziario \n\ndell'UEM \n\nla Gazzetta ufficiale dell'UEM \nla gestione dell'UEM \nla natura giuridica dell'UEM \ngli organi dell'UEM \npresentare ali'UEM un appello \n\nin forma scritta \n\nil presidente dell'UEM \nle procedure che si svolgono \n\ndavanti ali'UEM \n\nle pubblicazioni dell'UEM \ni rappresentanti davanti \n\nali'UEM \n\npoter esercitare le proprie \n\nfunzioni (di rappresentanti) \ndavanti ali'UEM \n\nla rappresentanza presso l'UEM \n\n206 \n\n206 \n\n22 \n\n175 \n177 \n\n176 \n176 \n176 \n176 \n176 \n176 \n\n176 \n176 \n176 \n\n176 \n176 \n176 \n176 \n\n176 \n176 \n\n176 \n176 \n176 \n176 \n176 \n\n176 \n176 \n\n176 \n176 \n\n176 \n\n176 \n176 \n\nla rappresentanza delle perso \n\nne fisiche e giuridiche \npresso l'UEM \n\npoter assumere la rappresen \n\ntanza presso l'UEM \n\nfarsi rappresentare davanti \n\nali'UEM \n\nla responsabilit\u00e0 contrat \n\ntuale dell'UEM \n\nla responsabilit\u00e0 extra \ncontrattuale dell'UEM \n\nla sede dell'UEM \nle s p e se dell'UEM \nlo statuto dei funzionari e \n\nil regime applicabile agli \naltri dipendenti dell'UEM \nlo statuto giuridico dell'UEM \n\nuniformit\u00e0 \n\ni principi dell'- e dell'au \ntonomia del marchio comu \nnitario \n\nunit\u00e0 \n\n1'- di conto \n\n\"user\" \n\nl'istituto giuridico dell' \n\"honest concurrent user\" \n\nuso \n\ngli abusi di - fraudolento \n\n(del marchio) \n\n1'- ingannevole di marchi \n1'- lecito \n1'- di marchi decettivi \npossono essere protetti solo \ni marchi effettivamente \nusati o dei quali 1'- sia \nprevisto \n\ncedere in - un marchio m e \n\ndiante contratto (licenza) \n\nle modalit\u00e0 d'- dei marchi \nle modalit\u00e0 d'- del marchio \ntramite il licenziatario \n\n176 \n\n176 \n\n176 \n\n176 \n\n176 \n176 \n176 \n\n176 \n176 \n\n270 \n\n270 \n\n272 \n\n193 \n273 \n271 \n273 \n\n271 \n\n271 \n271 \n\n273 \n\nutilizzare \n\nil titolare deve dichiarare \n\nche ha utilizzato il marchio 271 \n\nse il titolare del marchio an \nteriore pu\u00f2 dimostrare di \naverlo validamente utiliz \nzato. utilizzazione \n\n1'- del marchio o di un segno \n\nsimile \n\n1'- del marchio su documenti \ncommerciali e nel settore \ndella pubblicit\u00e0 \nin caso di mancata -\nchiedere in via riconvenzio \n\nnale la dichiarazione di de \ncadenza o la cancellazione \ndel marchio per mancata -\n\n271 \n\n2 71 \n\n271 \n169 \n\n271 \n\n- 21/it \n\nPE 64. 907 \n\n\futilizzazione (seguito) \n\nl'obbligo di - ' \nsottoporre i marchi ad un ob \n\nbligo di - rigoroso e appli \ncato in modo coerente \n\nvalidit\u00e0 \n\nun diritto dei marchi avente \n\n- in tutta la Comunit\u00e0 \n\nverifica \n\nla - d'ufficio di eventuali \n\ndiritti di preuso \n\nvicepresidente \n\nil - \n\nviolazione \n\nessere competente a decidere \n\ni ricorsi per incompetenza, \n- di forme essenziali,. 271 \n\n271 \n\n258 \n\n112 \n\n176 \n\n275 \n\n- 22/it - \n\nPE 64. 907 \n\n\f4 \n\n4 \n240 \n4 \n4 \n\n4 \n7 \n\n4 \n\n111 \n\n98 \n98 \n\n5 \n\n102 \n\n14 \n\n14 \n\n6 \n230 \n\nabuse \n\n- of authority \nthe possibilities of - in the \nform of trade mark pirating \n\n89 \n\n1 \n\naccount \n\nauditing of -s \nrendering of -s \nto submit the -s and the \n\nbalance sheet \n\n54 \n54 \n\n54 \n\naccountant \n\naction (cont. ) \n\nto bring an - \nto bring -s with respect to \nnational collective marks \n\nto propose disciplinary - \ninfringement - \nto decide the infringement - \nto intervene in an - brought \n\nagainst the proprietor of the \nmark \n\nto justify his - \nto join the proprietor of the \n\nsupervision of the responsibility \n\nmark in an - \n\nof cashiers and -s \n\n53 \n\na ct \n\n( t o). may - b e f o re \n\nt he E u r o p e an \n\nT r a de Mark O f f i ce \n\nactivity \n\ntrading - \n\n2 31 \n\naddress \n\naction \n\n- between the parties to the \ndeclaratory proceedings \n-s concerning European trade \nmarks/for national trade \nmarks \n\n- done by the person making \n\nthe request \n\nto acquire an - for service \nto give an - for service \n\n159 \n\nadministration \n\nadvertise (to) \n\nthe use of the trade mark on \n\nbusiness papers or in advertis \ning \n\n209 \n\n- for cancellation \n- for the declaration of lapse \nor revocation of the European \ntrade mark \n\nto have the right to bring an -\nthe declaration of lapse or \nrevocation of a European \ncollective mark \n\nto refer/remit -s for declara \n\ntion of lapse or revocation of \nthe European trade mark to a \nnational court, competent \nratione materiae \n\n- for a declaration of revoca \ntion of a European trade \nmark \n\n-s for declaring the lapse or \n\n218 \n\nrevocation of a national trade \nmark \n\n-s for \n\ni n f r i n g e m e nt of a \n\nEuropean trade mark/a national \ntrade mark \n\nprocedure in -s for infringe \n\nment \n\nto refer/remit -s for infringe \n\nment of a European trade mark/ \nEuropean trade marks to a \nnational court competent \nratione materiae \n\n- for an injunction and damages \nto deal, in the final instance, \nwith -s relating to European \ntrade marks \n\naffect (to) \n\nnot to be -ed \n\nfor \n\naffix (to) \n\nto - the protected trade mark \n\nupon the goods \n\n4 \n\nif it is impossible to - the \ntrade marks to the goods \n\nagent \n\nto appoint an - \n\nagreement \n\nto conclude -s relating to the \n\nexchange of publications \n\ninternational - \nlicensing - \nthe Madrid Agreement of 1891 on \n\n2 \n2 \n64 \n\nthe international registration \nof trade marks \n\n15 \n\nto be associated with the present \n\nConvention by virtue of a \nspecial - \n\n2 \n\nappeal \n\n3,13 \n218 \n\nthe - is admissible \nto consider the - to be admissible \n\nand well-founded \n\nthe - is allowable in whole or \n\nin part \n\nthe contentions on which the -\n\nis based \n\n218 \n\n218 \n\n218 \n\nthe - is deemed not to have \n\nbeen made \n\n13,218 \n\n- 1/en -\n\nPE 64. 907 \n\n\fappeal (cont. ) \n\nappeal (cont. ) \n\nan - shall have suspensive \n\ngrounds for the - must be \n\neffect \n\nif the - is well founded \nno - shall lie against. an - shall lie from. an - must be lodged in writing \nat the European Trade Mark \nOffice \n\n(further) - may be lodged for. /by. - proceedings \n- proceedings/procedure \ncost in - proceedings \ncost of the - proceedings \napportionment of costs of the \n\nfurther - proceedings \n\n218 \n218 \n218 \n218 \n\n218 \n\n194 \n218 \n13 \n218 \n13 \n\n13 \n\npersons entitled to appeal and \n\nto take part in - proceedings 218 \n\nto be parties to the - proceed \n\nings \n\n218 \n218 \n13 \n218 \n\n218 \n\nto allow the -\nto grant/allow the -\nBoard of Appeal \nthe Board of Appeal shall decide \non the appeal without a hear-\ning \n\nthe Board of Appeal shall \n\nexamine the facts on its own \ninitiative \n\n218 \n\nto remit the appeal to the \nBoard of Appeal without \ncomment as to its merit \n\n218 \ndecision of the Board of Appeal 218 \ndecision of the Board of Appeal \npronouncing upon an appeal \nthe decision of the Board of \n\n218 \n\nAppeal must state the reasons \non which it is based \n\n218 \n\nto decide on the - without \n\nlodged \n\nto file the grounds of an - 13, \nreceipt of the grounds for \n\nthe -\n\nto be empowered to hear -s \n\nagainst decisions alleged to \nlie ultra vires, violation \nof a basic procedural rule \n\nto lodge an - \ndecision of the Board of Appeal \n\n13, \n\n218 \n218 \n\n218 \n\n218 \n218 \n\npronouncing upon an -\n\nto reject an - as inadmissible \nto reject an - as unfounded \nreply to the -\ndecision in respect of the -\nrespondent of the -\nviolation of essential formal \nand procedural rules of -\n\nto be the subject of an -\nto withdraw the -\n\n218 \n13 \n13 \n218 \n13 \n13 \n\n13 \n218 \n13 \n\nappeal (to) \n\npersons entitled to - and to \n\ntake part in appeal proceed \nings \n\nappear (to) \n\nentitlement to -\n\n218 \n\n231 \n\nappellant \n\n13,81, ,218 \n\nany fact alleged by the -\n\nas proven \nto hear the -\n\napplicant \n\nto give a hearing to the \nreply by the -\n\n-\n\n81 \n218 \n\n81,84 \n81 \n81 \n\na hearing \n\n218 \n\napplication \n\nthe Board of Appeal shall decide \n\non the - without a hearing \nto be responsible for deciding \n\non - from. to be responsible for decisions \n\non - from. decision in respect of appeals/ \n\non the -\n\ndecisions subject to -\nto dismiss the - as unfounded \neffect of -s \nexamination of -s \nfee for -\nfurther - to the European \n\nTrade Mark Court \n\nfurther - will have suspensive \n\n218 \n\n13 \n\n218 \n\n218 \n218 \n218 \n218 \n218 \n218 \n\n194 \n\n194 \n\neffect \n\na decision of the. may be \nthe subject of further -\nto the European Trade Mark \nCourt \n\ngrounds of/for the -\n\n- for conversion \n- for a declaration \nsimplification of the -\n\nprocedure \n-s received \n- for revocation \nthe - must state the grounds \n\non which it is based \n\nto be based on one or more \n\n-s for a national trade mark \nconversion into national trade \n\nmark -\n\ndate of the -\nto decide on the - without a \n\nhearing \n\nto file an - against. to file an - for revocation \nto file an - for revocation or \ndeclaration of lapse of a \nEuropean trade mark \n\n232 \n232 \n80 \n\n86 \n80 \n\n232 \n\n86 \n\n80 \n86 \n\n232 \n4 \n\n4 \n4 \n\n194 \n13. 218 \n\nfiling of the -\nto notify the licensee about the \n\nfiling of the -\n\n- 2/en -\n\nPE 64. 907 \n\n\fapplication (cont. ) \n\nauthori/ty \n\nto produce a copy of the first - 86 \n86 \nprevious - \nreceipt of an - \n232 \nreceipt of an - for a \n\n- whose decision is contested \ncompetent -/ties \nto exercise disciplinary -\ncentral industrial property \n\ndeclaration \nrefusal of an - \nrefusal of trade mark -s \nto refuse the - \nto withdraw, abandon or refuse \n\nthe - \n\nto make/submit an - \nsubsequent - \nto withdraw the - \nto withdraw or legally reject \n\nnational -s \n\n80 \n232 \n80 \n80 \n\n86 \n232 \n86 \n80 \n\n86 \n\nappoint \n\nto - officials and employees \n\n168 \n\nappropriation \n\n-s may be carried forward \n-s shall be set out under \n\ndifferent headings \nwithin the limits of the \n\nallocated -s \n\napproximation \n\n72 \n\n72 \n\n72 \n\n-/ties \n\nlegal -/ties \nnational -\nto exercise supervisory - over \n\nthe personnel \n\na u t h o r i z a t i on \n\nto produce an - in writing \n\n195 \n\nbalance \n-s \nto communicate a - sheet \nshowing the assets and \nliabilities \n\nto submit the accounts and the \n\n- sheet \n\nto deposit the available -s \n\nwith the Treasuries of the \nContracting States \n\nbank \n\n- of issue \n\n- of national trade mark laws \n\n214 \n\nBoard \n\narea \n\nsingle trading - \n\n258 \n\nasset \n\nto possess realizable or \n\nliquid -s \ntransfer of -s \n\nassign (to) \n\nthe trade mark may be -ed \n\nassignability \n\nfree - of trade marks \n\nassignment \n\nfree - of trade marks \n- document \n\nassignee \n\nassociation \n\n- of Appeal \nthe - of Appeal shall examine \nthe facts on its own initia \ntive \n\ndecision of the - of Appeal \nthe - of Appeal shall decide \n\non the appeal without a hear \ning \n\ndecision of the - of Appeal \n\npronouncing upon an appeal \nthe decision of the - of Appeal \n\nmust state the reasons on \nwhich it is based \n\nAudit - \nthe Conciliation - of the EEC \n\nTrade Mark Office \n\nthe institution of a Concilia \n\ntion - \n\n25 \n25 \n\n36 \n\n38 \n\n38 \n38 \n\n26,39 \n\nRevocation - \nthe Revocation - may decide on \n\nthe application \n\nInternational Association for \n\nthe Protection of Industrial \nProperty \n\naudit \n\nauditor \n\nautonomy \n\n19 \n\n54 \n\n47 \n\nthe Revocation - will decide \n\nthe case itself \n\n40 \n40 \nClerk to the Revocation - \ndecision of/by the Revocation - 40 \ndecision by the Revocation -\n\npronouncing upon an appeal \nthe decision of the Revocation \n- shall state the grounds on \nwhich it is based \n\nto be endowed with administrative \n\nbudget \n\nand financial - \n\n23 \n\n- 3/en \n\n-\n\nPE 64. 907 \n\n142 \n24 \n195 \n\n245 \n164 \n24 \n\n24 \n\n92 \n\n29 \n\n29 \n\n251 \n\n27 \n\n40 \n\n40 \n40 \n\n40 \n\n40 \n\n40 \n48 \n\n242 \n\n242 \n40 \n\n40 \n\n40 \n\n40 \n\n30 \n\n\fbudget (cont. ) \n\nthe - shall be balanced as \n\nbetween income and expendi \nture \n\n- implementation \nadoption of the - \ndraft - \nestablishment of the - \nto implement the - \nto prepare and implement the - \nprovisional - \nto show in the - \nto vote the - \n\n30 \n30 \n30 \n30 \n30 \n30 \n30 \n30 \n30 \n30 \n\ncancellation \n\nno application for - or damages \ncan be entertained in respect \nof the later EEC trade mark \n\n173 \n\ncapacity \n\nto exercise the legal - of. to have the legal -\n\n34 \n34 \n\ncashier \n\nthe responsibility of -s and \n\naccountants and arrangements \nfor their supervision \n\ncertainty \nlegal -\nto meet one's need for the \n\n183 \n\n24 3 \n\ngreatest possible degree of \nlegal -\n\n24 3 \n\ncharacter \n\nautonomous - of the EEC trade \n\nmark \n\n23 \n\nthe unitary and autonomous -\n\nof the EEC trade mark \n\n23,2 70 \n\nthe loss by reason of its acquir \n\nclaim (cont. ) \n\nto consider the - as inadmissi \nble or obviously ill founded \n\nby counter\u2014 \ncounter\u2014 for declaration/the \n\ndeclaration of lapse or \nrevocation of the European \ntrade mark \n\na counter\u2014 for the declaration \nof lapse or revocation of a \nEuropean trade mark is ad \nmissible only in the first \ninstance \n\n4 \n4 \n\n4 \n\n4 \n\nto file a counter\u2014 for the de \nclaration of lapse or revoca \ntion of the European trade mark 4 \n4 \n4 \n\ncounter\u2014 for revocation \nto decide on the counter\u2014 \nto decide on the - for infringe \n\nment of the European trade mark 4 \n\ndecision on the - for lapse or \n\nrevocation of the European trade \nmark has become final \n\n4 \n\nfinal decision on the - for the \n\ndeclaration of lapse or revoca \ntion of the European trade mark 4 \n\nto file a - for the declaration \nof lapse or revocation of the \nEuropean trade mark \n\nto file a - for revocation of \n\nthe European trade mark \nto make a - for declaring a \n\nlapse of the European trade \nmark \n\nto withdraw the - for a declara \n\ntion of revocation \n\nto withdraw the - for a declara \ntion of lapse of a European \ntrade mark \n\n4 \n\n4 \n\n163 \n\n4 \n\n4 \n\ning a deceptive - \n\n269 \n\ncoexistence \n\ncharacteristic \n\nregistration of distinguishing \n\n-s \n\nclaim (to) \n\nto - the declaration of lapse \n\nof a European collective mark \n\n4 \n\nto - the lapse of a European \n\ntrade mark \n\n163 \n\nclaim \n\n- for the declaration of lapse \nof the European trade mark \n-/action for the declaration \n\nof lapse or revocation of the \nEuropean trade mark \n\n- for declaration of revocation \nof the European trade mark \n- for declaring a lapse of the \n\n4 \n\n4 \n\n4 \n\nEuropean trade mark \n\n163 \n\n- of national and community \n\nsystems \n\n24 7 \n\n- of two similar or identical \n\ntrade marks \n\n44 \n\n44 \n\n69 \n\n171 \n\ncolour \n\n- compositions \n\ncommunication \n\n- concerning the European trade \n\nmark \n\ncommuniqu\u00e9 \n\naccording to/in accordance \n\nwith a public - \n\ncompany \n\n(name of \nh o l d i ng - \nr e l a t ed - \n\nt h e) \n\n- \n\n49 \n\n212 \n131 \n108 \n\n- 4 / en \n\n-\n\nPE 64. 907 \n\n\fcompensation \n\nto demand - for damages \n\nsuffered by. competence \n\n- ratione loci of the court \nthe - ratione loci shall be \n\ndetermined by the place of \nbusiness of. competent \nto be -\nto be - ratione loci et ratione \n\nmateriae \n\n229 \n\nconfuse (to) \n\nprotection of consumers from \nbeing -ed, misled and de \nceived \n\nconcept of confusingly similar \n\n50 \n\ntrade marks \n\n50 \n\n51 \n\n50 \n\ncontract \n\nlicensing -s \n\ncontribution \n\nfinancial -s of Contracting \n\nStates \n\nConvention \n\ncompetition \n\nto ensure fair -\nunfair -\nlaw on unfair -\n\ncomplaint \n\ncomplicity \n\ncomponent \n\nonly individual -s of a trade \nmark applied for are not \neligible for protection \n\nconciliation \n\nConciliation Board of the EEC \n\nTrade Mark Office \n\ninstution of a Conciliation \n\nBoard \n\nintroduction of a - procedure \n\ncondition \n\n-s of service \nemployees \n\nof other \n\nconflict \n\n-s between trade marks \nresolution of -s between EEC \nand national trade marks \nresolving of -s with prior \n\nnational trade marks \nnot to be in - with. 103 \n\n56 \n\n56 \n56 \n\n222 \n\n160 \n57 \n57 \n\n4,65 \n\nto accede to the present - \nany adaptations to the present \n- which that admission in \nvolves \n\nto be associated with the \n\npresent - by virtue of a \nspecial agreement \n\n52 \n\nPreliminary Draft of a - for a \n\nEuropean Trade Mark \n\ninternational classification \nfor goods and services for \nindustrial and commercial \ntrade marks as designated in \nthe Nice - of 15 June 195 7 \nParis - of 1883 for the Protec \ntion of Industrial Property \nParis - for the Protection of \n\nIndustrial Property \n\nrevision of the - \n\nconversion \n\nthe - of prior national trade \nmarks into EEC trade mark \napplications \n\n265 \n\ncopy \n\n59 \n\non production of a certified - \n\n68 \n\n59 \n\ncopyright \n\n59\u00b7 \n\n180 \n\ncreation \n\n- of an EEC trade mark \n\nconflict (to) \n\na prior trade mark or other \nprior rights which may \u2014 \nwith the European trade mark \n\nconfusion \n\ncost \n\nstaff -s \n\n163 \n\ncounterclaim \n\nto bring a - \n\n-, deception and misleading \n\ninformation \n- might arise \nto avoid the dangers of -\na risk of - in commerce exists \n\n60 \n60 \n60 \n60 \n\ncounterclaim (to) \n\nto - for a declaration of \n\ninvalidity or for cancellation \nof the trade mark because of \nnon-user \n\n4 \n\n- 5/en -\n\nPE 64. 907 \n\n60 \n\n60 \n\n213 \n\n66 \n\n67 \n\n67 \n\n67 \n\n67 \n\n15 \n\n67 \n\n67 \n67 \n\n100 \n\n71 \n\n83 \n\n4 \n\n\fdecide (to) (cont. ) \n\n267 \n70 \n\nthe Revocation Board will \n\n- the case itself \n\ncourt \n-s \nEuropean Trade Mark Court \nthe European Trade Mark Court \nshall have jurisdiction to \nrender an interlocutory \ndecision \n\nfurther appeal to the European \n\nTrade Mark Court \n\na decision of. may be the \n\nsubject of further appeal to \nthe European Trade Mark Court \n\ninterlocutory decision by the \nEuropean Trade Mark Court \nto refer the question to the \nEuropean Trade Mark Court \nto request the European Trade \n\nMark Court to render decision \n\ninternational -\nnational -, competent ratione \n\nmateriae \n\n70 \n\n70 \n\n70 \n\n70 \n\n70 \n\n70 \n70 \n\n267 \n\nto be dealt with by the national \n\n-s of the Contracting States 267 \n\ndamage \n\nno application for cancellation \nor - can be entertained in \nrespect of the later EEC trade \nmark \n\n65 \n\naction for an injunction \n\nand -s \n\n37,99 \n\ndate \n\n- of the decision \n248 \n- of the decision appealed from 248 \nthe - of filing at the EEC \nTrade Mark Office is the \ndetermining factor \n\n150 \n\n- for the purposes of determining \n\npriority \n\nday \n\nworking - \n\ndeceive (to) \n\n78 \n\n150 \n\nto - on the claim for infringe \nment of the European trade \nmark \n\nto - on the counter-claim \nto be responsible for deciding \n\non appeal from. decision \n\n- in respect of the appeal \n- appealed from \ndate of the - appealed from \n- which is challenged \n- by the examination division \nto rescind the appealed - in \n\nwhole or in part \n\nthe authority responsible for/ \nthe authority which issued \nthe attacked - \n\nauthenticity of the - \nchallenged - \nattacked/contested - \ndate of the - \ndelivery of the - \nto be enforceable -s \nthe final - on the claim for \n\nthe declaration of lapse or \nrevocation of the European \ntrade mark \n\nto give a decision \ninterlocutory - by the European \n\nTrade Mark Court \n\nto render an interlocutory - \nthe European Trade Mark Court \nshall have jurisdiction to \nrender an interlocutory - \n\nnotification of the - \npublication of the - \nto request the European Trade \nMark Court to render a - \nto be responsible for -s on \n\nappeal from. unanimous - \n\nthe consumer might be misled \n\nor -d \n\n268 \n\ndeclaration \n\nprotection of consumers from \nbeing confused, misled and \n-d \n\nto seek a - of revocation of \n\na European trade mark \n\n269 \n\nreceipt of an application for \n\ndeception \n\nconfusion, - and misleading \n\ninformation \n\n109 \n\ndecide (to) \n\nto - on the appeal without \n\na hearing \n\nto - on the application/request \n\nwithout hearing \n\nthe Revocation Board may -\n\non the application \n\na - \n\ndefence \nas a - \nto allow the - t h at a trade \ni n v a l id \n\nmark is \n\n253 \n\ndefendant \n\n253 \n\nd e f i c i e n c i es \n\nto remedy d i s c l o s ed - \n\n253 \n\n- 6/en \n\n-\n\nPE 64. 907 \n\n253 \n\n253 \n253 \n\n253 \n\n75 \n75 \n75 \n75 \n3 \n171 \n\n75 \n\n75 \n261 \n3 \n75 \n75 \n75 \n261 \n\n253 \n253 \n\n75 \n261 \n\n253 \n3 \n3 \n\n253 \n\n253 \n253 \n\n218 \n\n62 \n\n114 \n\n114 \n\n77 \n\n149 \n\n\fdemand \n\n- for payment \n\ndesign \n\ndesignation \n\n- used in commerce \nfanciful -\n\n141 \n\n88 \n\n247 \n82 \n\neffect \n\nto have -\nto have - vis-a-vis third \n\nparties \n\nemployment \n\nin the course of their -\ntermination of -\n\ndifferences \n\n- between the national laws \n\non trade marks \n\ndischarge \n\nenforcement \n\n91 \n\nenquiries \n\nto undertake -\n\nto give. a - in respect of. 73 \n\nensure (to) \n\ndispute \n\nto - fair competition \n\n-s between Contracting States \nto have jurisdiction in any \n\n- between. 90 \n\nentity \n\nto be a legal -\n\n159 \n\nentry \n\n102 \n\n180 \n\n125 \n125 \n\n115 \n\n144 \n144 \n\n129 \n\n191 \n\ndistinctive \n\nthe trade mark as a - sign \n\n132 \n\nthe - shall be published in the \nEuropean Trade Mark Journal \n\n105 \n\ndistinguish (to) \n\nerror \n\n115 \n\ne v i d e n ce \n\nthe signs or devices which are \n\ncapable of distinguishing the \ngoods or services of the \napplicant from those of others 94 \n\ndistraint \n\nto levy - \n\ndistribution \n\n- of goods and services \n\ndistributor \n\nmanufacturers and -s of \n\nbranded goods \n\nmodern -s \n\ndivision \n\ntrade mark administration -\nexamining -\nthe examining -/section shall \ndecide on the application \nwithout a hearing \n\nthe examining - shall refuse \n\n46 \n\n95 \n96 \n\n97 \n97 \n\n242 \n\nthe application for a European \ntrade mark \n\nthe examining - shall reject \n\nthe opposition \n\ntransfer of proceedings to \n\nthe examining -\n\nthe proceedings shall be/having \n\nbeen transferred to the \nExamining -\n\n97 \n\n97 \n\n97 \n\n97 \n\ndocument \n\nassignment -\n\ncorrection of clerical or \n\nlinguistic -s \n\n109 \n\nestimates \n\nto form t he s u b j e ct of - \n\n199 \n\n- of the parties \nto obtain - \nto take the/to take - \nany member duly commissioned \n\nto take - \n\nto proceed to take the - \ntaking of - \n\nexamination \n\n- of witnesses \n\nexaminer \n\n-s' reports \nlegally qualified - \n\nexamining \n\ndecision by the - division \n- section \n\nexcuse \n\nvalid -s for non-use \n\nexpenditure \n\n198 \n144 \n144 \n\n144 \n144 \n144 \n\n198 \n\n113 \n112 \n113 \n\n112 \n112 \n\n166 \n\n- shown in the budget \nauthorization of - \nto authorize the - \ncover for - \nto prove the lawful and proper \nmanner of all income and - \n\n83 \n83 \n83 \n83 \n\n83 \n\n- 7/en -\n\nPE 64. 907 \n\n\f21 \n125 \n\n125 \n\n126 \n72 \n\n118 \n\n129 \n\n131 \n\n150 \n\nexpert \n\n- opinion \n\nfaith \n\nfunction (cont. ) \n\n117 \n\nto delegate these -s \nmain - of a trade mark \nthe trade mark's - indicating \n\nto act otherwise than in good - 124 \n\norigin \n\nfee \n\n- for appeal \npayment of the - for appeal \nto refund the - for appeal \na - shall be payable \n- prescribed in/by the Rules \nrelating to fees adopted \npursuant to this Convention \n- for publication and printing \n- for registration \n- for the registration as \n\nprescribed. application -\nclass -\nopposition -\nrenewal -s \nnon-payment of a renewal -\nto pay renewal -s \ndate of payment of renewal -s \n\nfile (to) \n\nthe date on which the applica \n\ntion is filed \n\nfiling (of the application) \ndate of filing the first \n\napplication \n\n256 \n256 \n256 \n256 \n256 \n\n256 \n256 \n256 \n\n256 \n256 \n256 \n256 \n256 \n256 \n256 \n256 \n\n86 \n86 \n\n86 \n\nfund \n\nestablishment and maintenance \n\nof a reserve - \n\nto transfer -s \n\ngoods \n\n- brought into circulation \n\nunder the same or a similar \ntrade mark \n\n- bearing the mark \n- of an undertaking \nbranded - \nprinciple of the free movement \n\n203 \n203 \n203 \n16,203 \n\nof branded - \n\nif the condition of the - is \n\naltered or impaired \n\nconsumer - \nindustrially mass-produced - \nto mislead the public as to \n\n203 \n\n203 \n203 \n203 \n\nthe nature or origin of the - 203 \n61,203 \n203 \n\nclosely related \nidentical or similar - \n\ngrounds \n\n- of the appeal \n\nfiling of trade mark for the \n\nguarantee \n\npurpose of trade mark traffick \ning, where there is no inten \ntion that the trade marks \nshould be used \n\ndate of filing \nto constitute a first filing \nto be equivalent to a national \n\nfiling \n\nregular national filing \nto be equivalent to a regular \n\n85 \n86 \n86 \n\n86 \n86 \n\nthe trade mark alone would no \nlonger provide a - of the \norigin of the product \n\nholding \n\n- company \n\nholiday \n\nofficial -\n\nnational filing \n\n86 \n\nhear (to) \n\nfin? \n\nto impose a - \n\nfirm \n\n8 \n\nthe - that offers services \n\n108 \n\n\u00bfsea \n\ndetermination of the legal \n- for an EEC trade mark \n\nfreedom \n\n- from instructions \n\nfunction \n\nthe -s which are attributed to \n\nthe trade mark \n\nthe - of the mark as an indica \n\ntion of origin \n\n63 \n\n138 \n\n125 \n\nto - the parties \n\nhearing \n\nthe -s before the Boards of \n\nApeal and before the Revoca \ntion Boards are public \nthe -s before. are not \n\npublic \n\ndate of the -\nto decide on the application/ \n\non the appeal/upon the request \nwithout a -\n\n22 \n\n22 \n\n22 \n\n22 \n22 \n\n22 \n\nidentify \n\nto - the goods \nto enable. to - products \nto - a particular product \n\n133 \n132 \n133 \n\n- 8/en -\n\nPE 64. 907 \n\n\fimmunities \n\nto enjoy those privileges and \n\n- which are necessary to the \ncarrying out of their task \n\nincome \n\nto prove the lawful and proper \nmanner of all - and expendi \nture \n\nincontestability \n\n- of the EEC trade mark \nprinciple of - \n\nindependence \n\nto guarantee fully - \npersonal - \n\nindication \n\nintent \n\nrequirement of fraudulent - \n\n146 \n\n134 \n\nintention \n\nfiling a trade mark for the \n\npurpose of trade mark \ntrafficking, where there is \nno - that the trade mark \nshould be used \n\ninterest \n\nto have a lawful - \n\nintermediary \n\nt h r o u gh an - \n\ninterp\u00e9n\u00e9tration \n\n- of national markets \n\n146 \n\n14 7 \n\n192 \n\n145 \n\n215 \n\n137 \n137 \n\n138 \n135 \n\nfunction of the mark as an \n\ninvalid \n\n- of origin \n\n139 \n\nto allow the defence that \n\na trade mark is - \n\n2 74 \n\ninformation \n\nconfusion, deception and \n\nmisleading - \nrequests for - \n\ninfringe (to) \n\nin fr ingement \n- action \n- actions in respect of a \n\nEuropean trade mark \n\ntrade mark - actions \nproceedings relating to -s \n\nof EEC trade marks \n\n- of the European trade mark/ \n\na European trade mark/a natio \nnal trade mark \n\nactions for - of a national \n\ntrade mark \n- proceedings \nto institute - proceedings \n\nagainst the person making \nthe request \n\nacts of - \nprocedure in actions for - \nto refer/remit actions for \n\n- of a European trade mark \nto a national court competent \nratione materiae \n\n269 \n140 \n\n59 \n\n65 \n\n65 \n59 \n\n65 \n\n65 \n\n65 \n65 \n\n65 \n65 \n65 \n\ninvalidation \n\naction for - \n\ninvalidity \n\n- of a trade mark \nthe - of the EEC trade mark \n\nbecause of absolute grounds \nof refusal \n\nto ascertain the - of the \n\nEEC trade mark \n\nthe loss or - of the EEC \n\ntrade mark \n\nthe - because of the existence \n\nof prior trade marks or other \nprior rights \n\n- procedures \n- proceedings \n\nJournal \n\n74 \n\n148 \n\n173 \n\n170 \n\n173 \n\n173 \n10 \n173 \n\nEuropean Trade Mark - \nto publish in the European \n\nTrade Mark - \n\nthe details to be published in \nthe European Trade Mark - \n\nthe entry shall be published in \n\nthe European Trade Mark - \n\n31 \n\n31 \n\n31 \n\n31 \n\ninjunction \n\naction for an \n\n- and damages \n\n37,99 \n\nwithin the limits of their - \n\n65 \n\njurisdiction \n\nto have - in any disputes \n\nbetween. inspection \n\n- of premises \n\ninstitution \n\nfinancial -\n\nlanguage \n\n- of the proceedings \n- of the translation \nofficial - \n\n87 \n\n14 3 \n\n- 9/en -\n\nPE 64. 90 7 \n\n253 \n50 \n\n152 \n152 \n152 \n\n\flapse \n\n- of the trade mark \n- of the EEC trade mark \nclaim for the declaration of \n\nlicensor \n\n119 \n74 \n\nlimit \n\n- of the European trade mark \n\n74 \n\nterritorial -s of national \n\ntrade mark law \nto extend the time -\n\n157 \n\n18 \n78 \n\nto claim the declaration of \n\n- of a European collective \nmark \n\nto withdraw the claim for a \n\ndeclaration of -\n\nlaw \n\n- of unfair competition \ncivil -s \ncommercial -s \ncompetition -s \nwork on the harmonization or \nunification of industrial \nproperty -\n\nrules of private international -\nnational -s on industrial pro\u00ad\n\n74 \n\nlist \n\n- of goods or services \n\n155 \n\n74 \n\n100 \n100 \n100 \n100 \n\n100 \n100 \n\nloss \n\n- of the EEC trade mark by \nreason of its becoming a \ngeneric term \n\n- or invalidity of the EEC \n\ntrade mark \n\nthe - by reason of its acquiring \na deceptive character subse\u00ad\nquent to the date of its regi\u00ad\nstration \n\n74 \n\n74 \n\n74 \n\nperty \n\n261 \n\nmanagement \n\ndifferences between the natio\u00ad\n\nnal -s on trade marks \n\nrelevant -\ntrade mark -\nCommunity trade mark - \nto establish a trade mark -\nEuropean trade mark -\nimprovement of a nature design\u00ad\ned to perfect the European \ntrade mark -\n\nlOO, \n\nnational trade mark -s \napproximation of national \n\ntrade mark -s \n\nterritorial limits of national \n\ntrade mark -\n\nsubstantive trade mark -\na system of trade mark -\n\napplicable throughout the \nterritory of the Community \n\nletter \n\n-\u03b2 rogatory \n\nliability \n\n153 \n100 \n100 \n255 \n100 \n100 \n\n100 \n153 \n\n100 \n\n100 \n100 \n\n100 \n\n154 \n48 \n\npersonal \n\nof the employees \n\n233 \n\nlicence \n\ngrant of -s \ngrant of a -\na transfer of rights or the \n\ngrant of a -\nvalidly granted -\ntrade mark -\n\nlicense (to) \n\nlicensing agreement \nlicensing contracts \n\n157 \n157 \n\n157 \n157 \n157 \n\n157 \n157 \n\nlicensee \n\n157,158 \n\nthe manner in which the trade \n\nmark is used by the - \n\n158 \n\nto prove the soundness of the \n\nfinancial - \n\n130 \n\nmanufacturer \n\n-s and distributors of branded \ngoods \n\n120 \n\nmark \n\nregistration of deceptive -s \na clear and unambiguous \n\ndistinguishing - for each \nrequired article \n\nidentical -s \nto have a lawful interest in \n\nthe declaration of lapse of \na -\n\n161 \n\n93 \n24 7 \n\n161 \n\nto intervene in an action brought \n\nagainst the proprietor of \nthe -\n\nto join the proprietor of the \n\n- in an action \n\nto institute proceedings \n\njointly with the proprietor \nof the -\n\n161 \n\n161 \n\n161 \n\nthe owners of registered -s or \nof recognized trade marks \n\n161 \nformal protection of service -s 161 \nuse of the service - or a \n\nsimilar mark \n\nsimilar -\nuse of the same or a similar -\nthe trade - which is subject \n\nto that application \n\ntrade - applied to the goods \nthe trade - applied for \nthe trade - shall be deemed \n\nto have lapsed \n\nto be directed to the question \n\nwhether the trade - is \nsufficiently distinctive \ntrade - which is European in \n\nnature \n\n161 \n247 \n24 7 \n\n161 \n161 \n161 \n\n161 \n\n161 \n\n161 \n\n- 10/en -\n\nPE 64. 907 \n\n\fmark (cont. ) \n\nmark (cont. ) \n\nthe trade - is excluded from \n\nrights accruing from prior \n\nregistration \n\n161 \n\ntrade -s \n\nsentative in trade - matters 161 \n\nthe registration of an identical \n\nanother similar prior trade - \ntransfer of the prior trade - \nto transfer the prior trade - \nto oppose the use of a prior \n\ntrade - or other prior rights 161 \n\n161 \n161 \n161 \n161 \n\n161 \n\n161 \n\nor confusingly similar posterior \ntrade - \n\n161 \n\nproprietor of the trade -/the \n\nmark \n\n161 \n\nproprietor of the trade - or \n\nhis licensee or his successor \nin title \n\n161 \n\ncontrol of the proprietor of \n\n161 \n\nthe trade - \n\n161 \n\nthe trade - whose lapse or \n\nrevocation is to be declared 161 \n\nto act as a representative in \n\ntrade - matters \n\n161 \n\nto act as professional repre \n\ntrade -s are recognized as \n\nbelonging exclusively to a \nparticular manufacturer or \ndistributor \n\nchange in the trade - regula \n\ntions \n\nonly trade -s which are used or \nare intended to be used may \nbe protected \n\ntrade -s used in the services \nsector, collective marks, \ncertification marks \n-s which are used in a \n\ndifferent form \n\n161 \n\n24 7 \n\napplication for a trade - is \n\ndeemed not to have been made 161 \n\nthe decisions by virtue of which \nan application for a trade -\nis refused \n\n161 \n\nto lodge an application for a \n\ntrade - \n\nrefusal of the application \n\nfor a trade - \n\nto refuse an application for \n\na trade - \n\nco-existing trade -s \nto exclude deceptive trade \n\n-s from registration \n\nearlier trade - \nearlier trade -s \nEEC trade - \ncoexistence of two similar \nor identical trade -s \nseveral identical trade -s \nregistered by the same \nproprietor \n\nindividual trade -s. may inspect the trade -\n\nregulations \n\ninspection of the trade -\n\nregulations \n\ninvalidity of a trade - \nnew trade - with advertising \n\n161 \n\n161 \n\n161 \n161 \n\n161 \n161 \n161 \n161 \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n161 \n\nappeal \n\n161 \nordinary trade -s \n161 \nprior trade - \n161 \nprior trade -s \n161 \n161 \nexistence of prior trade -s \nlicences under the prior trade - 161 \nproprietor/owner of the prior \n\ntrade - \n\nproprietor of the prior trade \n- or other/the other prior \nrights \n\n161 \n\n161 \n\naffixing the protected trade -\n\nupon the goods \n\nprotection for trade -s \nregional trade - \nregistration of trade -s \nregistration of the trade - \nnot to be aware of the existence \n\n161 \n161 \n161 \n161 \n161 \n\nof an identical or similar \ntrade - \n\ngoods brought into circulation \nunder the same or a similar \ntrade - \n\nto register an identical or \n\nsimilar trade - \n\n161 \n\n161 \n\n161 \n\nthe use of the same or a similar \n\ntrade - \n\nto use seriously a similar \n\ntrade - \n\nto constitute a reproduction, \nimitation or translation of \na trade - \n\ntypes of trade - \nthe removal of partially or \ntotally unused trade -s \n\nuse of the trade - \nto use trade - rights in a \n\n24 7 \n\n161 \n\n161 \n161 \n\n161 \n161 \n\nmanner incompatible with their \nmain function \n\n161 \nuse in commerce of the trade - 161 \n161 \nused trade -s \nthe distinctive force and the \n\nadvertising value of trade -s 161 \n161 \n\nto use the - \nuse of the - contrary to the \n\nregulations \n\nto use the - on the goods \nto use the mark under supervi \n\n161 \n161 \n\nsion of the proprietor \n\n161 \nuse of the same or a similar - 161 \nserious and effective control \n\nof the use of the - \n\nto oppose any use of the -\n\nor a similar mark \n\npersons entitled to use the - \nunauthorized use of the - \n\n161 \n\n161 \n161 \n161 \n\n- 11/en \n\n-\n\nPE 64. 907 \n\n\f163 \n163 \n\n163 \n\n163 \n163 \n\n163 \n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\nmark, collective \n\n\u2014s \napplication for a \u2014 \nEuropean \u2014 \nEuropean \u2014s \na European \u2014 shall lapse \napplication for a European \u2014 \nto reject the application for \n\na European \u2014 \n\nrejection of applications for \n\nEuropean \u2014s \n\nlapse of European \u2014s \ndeclaration of lapse of a \n\nEuropean \u2014 \n\nto have the right to bring an \naction for the declaration \nof lapse or revocation of \na European \u2014 \n\nto claim the declaration of \n\nlapse of a European \u2014 \nuse of lapsed European \u2014s \nproprietor of the European \u2014 \nregister of European \u2014s \nto register a European \u2014 \nlapsed registration of the \n\nEuropean \u2014 \n\nto oppose the registration \n\nof the European \u2014 \n\nto be entitled to oppose the \n\nregistration of the European \n\nto revoke a European \u2014 \nrights/the right accruing from \n\nthe European \u2014 \n\nto exercise the rights \n\n161 \n161 \n161 \n162 \n162 \n162 \n162 \n\n162 \n\n162 \n162 \n\n162 \n\n162 \n\n162 \n162 \n162 \n162 \n162 \n\n162 \n\n162 \n\n162 \n162 \n\n162 \n\nmark, European (trade) \nthe \u2014 shall lapse \nactions concerning \u2014 s / f or \n\nnational trade marks \n\n163 \n\n163 \n\nto deal in the final instance \n\nwith actions relating to \u2014s 163 \n163 \n163 \n163 \n\namendment of a \u2014 \napplicant for a \u2014 \napplication for a \u2014 \nacceptance of applications for \n\n\u2014s \n\nto accept applications f o r \u2014s \namendments of an application \n\nfor a \u2014 \n\ndeficiencies in the application \n\nfor a \u2014 \n\nearlier applications for a \u2014 \nexamination of/to deal with \n\napplications for \u2014s \n\nfiles of applications for \u2014s \nfile relating to the applica \n\ntion for a -- \n\nto make the file relating to \nthe application for a \u2014 \navailable \n\nto file applications for \u2014s \nfiling of the application for \n\na - - \n\nfrom the date of filing the \n\napplication for a \u2014 \n\nforwarding of applications for \n\n~s \n\nlist of goods covered by the \n\napplication for a \u2014 \n\nnotifications of the applica \n\naccruing from the European \u2014 162 \n\ntion for a \u2014 \n\nto bring actions with respect \n\nopposition to the/an applica \n\nto national \u2014s \n\n162A \n\nprevious proprietor of the \n\n\u2014 or his legal successor \n\n161 \n\nto use a \u2014 which has been \n\ntion for a \u2014 \n\nto file opposition to the appli \n\ncation for the \u2014 \n\nto publish the application for \n\ndeclared lapsed or revoked \n\n161 \n\na \u2014 \n\nto use a ~ which has been \n\nsurrendered \n\nregulations as to the use of \n\nthe \u2014s \n\nmark, European (trade) \n\nEuropean service marks \n\nexamination of the \u2014 applica \n\ntion \n\n\u2014s shall have a unitary and \n\nautonomous character \n\nthe \u2014 has attained distinc \n\ntiveness \n\nt h e\u2014 shall be/has been entered \nin the Register of European \nTrade Marks \n\nt h e\u2014 has become incontestable \nby. /may not be contested \nby. t h e\u2014 lapses \n\n161 \n\n161 \n\n161 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n\nto publish the/publication of \n\nan/the application for the \u2014 163 \n\nrefusal of an/the application \n\nfor a \u2014 \n\nto refuse the application for \n\na ~ \n\nto withdraw the application \n\nfor a \u2014 \n\nwithdrawal of the application \n\nfor a \u2014 \n\n163 \n\n163 \n\n163 \n\n163 \n\npersons entitled to apply for \n\n\u2014 s \n\n163 \n163 \nunitary aspect of the \u2014 \n163 \nto assign the \u2014 \n163 \nassignment of a \u2014 \n161 \nassignment of the \u2014 \nassignments of rights in a \u2014 \n163 \nautonomous character of the \u2014s 163 \nclassification of \u2014s \n163 \ncommunication concerning the \u2014 163 \n163 \nto be in conflict with the \u2014 \n\n- 12/en -\n\nPE 64. 907 \n\n\fmark, European (trade) (cont. ) \n\nto file a claim for declaration \n\nof the \u2014 \n\nto declare a \u2014 lapsed or revok \n\ned \n\ndefinition of the \u2014 \ndescription of the \u2014 \neffects of the \u2014 \nto find that the \u2014 lapsed at \n\na certain date \n\nthe goods in respect of which \n\n163 \n\n163 \n163 \n163 \n163 \n\n163 \n\nthe \u2014 has been/is registered/ \nis entered \n\nincontestability of the \u2014 \ninfringement of the \u2014 /a natio \n\n163 \n163 \n\nnal trade mark \n\n163 \n\nactions for infringement of/in \n\nfringement actions in respect \nof a \u2014 \n\n163 \n\nto refer/remit actions for in \n\nfringement of a \u2014 to a natio \nnal court, competent ratione \nmateriae \n\nto decide on the claim for in \n\nfringement of the \u2014 \n\nproceedings for infringement \n\nof \u2014 \n\n163 \n\n163 \n\n163 \n\nto stay the proceedings for \n\ninfringement of the \u2014 \n\n163 \ninfringement proceedings of \u2014s 163 \n163 \nlapse of \u2014s \nlapse of a \u2014 \n163 \nlapse of a \u2014 because of danger \n\nmark, European (trade) (cont. ) \nclaim/action for the declara \n\ntion of lapse or revocation \nof the \u2014 \n\n163 \n\nfinal decision on the claim \n\nfor the declaration of lapse \nor revocation of the \u2014 \n\n163 \n\nto file a claim for the declara \ntion of lapse or revocation \nof the \u2014 \n\n163 \n\ncounter-claim for declaration \nof lapse or revocation of \nthe/a \u2014 \n\nto admit only in the first \n\ninstance a counter-claim for \nthe declaration of the \u2014 \nto file a counter-claim for \n\ndeclaration of lapse or re \nvocation of the \u2014 \n\n163 \n\n163 \n\n163 \n\nprocedure for declaring/proceed \nings for the declaration of \nlapse or revocation of the \u2014 163 \n\nto admit counter-claim for lapse \n\nor revocation of the \u2014 \n\neffect of the lapse of the \u2014 \nprovisions for the lapse of \n\n163 \n163 \n\nthe \u2014 \n\n163 \nto question the lapse of the \u2014 163 \nreasons for the lapse of \u2014s \n163 \ndecision as regards total or \n\npartial lapse of the \u2014 \n\nlicensing of a \u2014 \nproprietor of the \u2014 / of a Euro \n\nof confusion \n\n163 \n\npean trade mark \n\nlapse/revocation of the \u2014 \n\nshall be entered in the Regis \nter of European Trade Marks \nand published in the European \nTrade Mark Journal \n\n163 \nlapse of \u2014s because of non-use 163 \nlapse of a \u2014 for a portion \n\nof the goods \n\nlapse of a \u2014 which has become \n\na generic term \n\na decision on the claim for \nlapse or revocation of the \n\u2014 has become final \n\ndetermination of the date of \n\nlapse of the \u2014 \n\ndeclaration of lapse or revo \n\ncation of a \u2014 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\nto refer/remit actions for de \nclaration of lapse or revo \ncation of the \u2014 to a natio \nnal court, competent ratione \nmateriae \n\nto rule in the first instance \non an application for decla \nration of lapse or revocation \nof a \u2014 \n\nclaim for the declaration of \n\nlapse/actions for declaring \nthe lapse of the \u2014 \n\n163 \n\n163 \n\n163 \n\nproprietor of the \u2014 or his \n\nlicensee \n\nrepresentative of the proprietor \n\nof the \u2014 \n\nprotection afforded by the \u2014 \nregistered \u2014 \nto register a \u2014 \nto proceed to register the \u2014 \nregistration of the \u2014 \nregistration as/for a \u2014 \nto apply for the registration \n\nof a \u2014 \n\ncertificate of the registra \n\ntion of the \u2014 \n\n163 \n163 \n163 \n163 \n163 \n163 \n163 \n\n163 \n\n163 \n\nconversion of the registration \n\nof a \u2014 into a national trade \nmark application \n\n163 \n\ndecision relating to the regi \n\nstration of the \u2014 \n\n163 \nexpiry of registration of the \u2014 1 63 \nto oppose/to lodge opposition \nagainst the registration of \nthe \u2014 \n\n163 \n\nproceedings for the registra \n\ntion of the/a \u2014 \n\nto inspect that portion of the \nfile which refers directly \nto the proceedings for the \nregistration of the \u2014 \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n\n- 13/en -\n\nPE 64. 907 \n\n\fmark, European (trade) (cont. ) \nto publish the registration \n\nof the \u2014 \n\nrequest for the registration \n\n163 \n\nof a \u2014 \n\n163 \nterm of registration of the \u2014 163 \nincontestability at the time \nof registration of the \u2014 \n\nrenewal of a \u2014 \nto apply for renewal of a \u2014 \nregistration and publication \n\nof the renewal of \u2014s \nrepresentation of the \u2014 \nrevocation of the \u2014 \nrevocation of the \u2014 because of \n\n163 \n163 \n163 \n\n163 \n163 \n163 \n\ninfringement of personal \nrights \n\nrevocation of the \u2014 because of \nabsolute obstacles to regi \nstration \n\nrevocation of the \u2014 for a por \n\ntion of the goods \n\nrevocation of the \u2014 because of \nprior trade marks or other \nprior rights \n\nrevocation proceedings in re \n\nspect of a \u2014 \n\napplication for revocation of \n\nthe ~ \n\nto file an application for re \n\nvocation of the \u2014 \n\nto file an application for re \nvocation or declaration of \nlapse of a \u2014 \n\nclaim for declaration of revo \n\ncation of the \u2014 \n\neffect of the revocation of \n\nthe -- \n\nto seek revocation of a \u2014 \nto seek revocation of the \u2014 \nto seek revocation of the \u2014/ \nof a European trade mark \ndecision as regards total or \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n163 \n\npartial revocation of the \u2014 163 \n163 \nto revoke the \u2014 \n163 \nrights arising from the \u2014 \nto acquire rights in the \u2014 \n163 \nestablishment of rights in \u2014s 163 \n163 \nterritorial scope of a \u2014 \nsurrender of European trade \n\nmarks/a \u2014 \nsurrender of \u2014 \nto declare in writing the \n\nsurrender of a \u2014 \n\nlegal transactions concerning \n\n~s \n\n163 \n163 \n\n163 \n\n163 \n\nvalidity of a \u2014 / of a national \n\ntrade mark \n\n163 \nto question the validity of a \u2014163 \n\nmark, national (trade) \n\n\u2014 s \nto affect a \u2014 \n\n161 \n161 \n\n161 \n\n161 \n161 \n163 \n\n163 \n\n163 \n\nmark, national (trade) (cont. ) \nthe resolution of conflicts \n\nbetween EEC and \u2014s \nto enter the \u2014s in the \n\nRegister of European Trade \nMarks \n\nowners of identical \u2014s \ninfringement of a \u2014 \nactions for infringement of \n\na \u2014 \n\nactions for declaring the lapse \n\nor revocation of a \u2014 \nto maintain the \u2014 in the \n\nContracting State in which. 161 \n161 \n\nnew \u2014s \norigin of the \u2014 and the facts \n\non which its rights are based 161 \n\npre-existing \u2014s \nproprietor of a \u2014 or his \n\n161 \n\nsuccessor in title \n\n161 \n161 \nto register a \u2014 \nprocedure for registering a \u2014 161 \nto apply for the registration \nof a \u2014 as a European mark \nregistration of existing \u2014s \n\n161 \n\nas European marks \n\nvalidity of a \u2014 \n\n161 \n163 \n\nmarket \n\ne s t a b l i s h m e nt of a f r ee \n\n-\n\nfor branded goods and s e r \nv i c es b e a r i ng \n\nt r a de marks 101,156 \n\nmarket (to) \n\nto - \nmarketing of products for \n\ndaily use and consumption \n\nmember \n\nlegally qualified - \n\n45 \n\n46 \n\n151 \n\n3 \n\nmislead (to) \n\nto - the public as to the nature \n\nor origin of the goods \n\n268 \n\nprotection of consumers from \nbeing confused, misled and \ndeceived \n\n109 \n\nmistake \n\ncorrection of obvious -s \n\n122 \n\nmorality \n\nto be contrary to - \ntrade mark which is contrary \nto - or to public policy \n\nmovement \n\np r i n c i p le of \ned goods \n\nt he f r ee - of b r a n d \n\n165 \n\n165 \n\n42 \n\n163 \n\nmeasure \n\nlegal - \n\n- 14/en \n\n-\n\nPE 64. 907 \n\n\fname \n\np a rt of a b u s i n e ss - \nuse of o n e 's \nt r a de - \n\nfamily - \n\nn a t i o n al \n\nnon-renewal \n\n82 \n167 \n167 \n167 \n\n2 35 \n\noffice (cont. ) \n\na certificate furnished by \n\nthe central industrial pro \nperty - of the said state \n\nto have his registered - \nEEC Trade Mark Office \nnational trade mark - \n\n245 \n245 \n175 \n177 \n\nthe lapse of the trade mark \n\nin cases of - of the trade \nmark \n\nOffice. European Trade Mark (ETMO)176 \n176 \n\nday on which the - opens \nthe representatives may act \n\n76 \n\nnon-user \n\nto counterclaim for a declara \ntion of invalidity or for \ncancellation of the trade \nmark because of - \n\nin the case of - \n\nnotice \n\nto give - of all decisions and \n\nwrits of summons \n\npublic - \n\nnotification \n\n- of the application for the \n\nEuropean trade mark \n\n- of the decision \n- about prior trade marks \n\nnotify (to) \n\nto - \nto - the applicant \n\nnumeral \n\noath \n\nto refuse to testify or to \n\ntake an - \n\n271 \n169 \n\n249 \n252 \n\n171 \n171 \n171 \n\n172 \n172 \n\n41 \n\n244 \n\nobject (to) \n\nto - to members of the Boards of \nAppeal or Revocation Boards \n\n219 \n\nobservation \n\nto make -s \n\nobstacle \n\nexamination for absolute -s \n\nto registration \n\n174 \n\n221 \n\noffer (to) \n\nto distinguish between the \n\nvarious goods -ed for sale \n\n178 \n\noffice \n\nduties of -\nto have one's professional -\n\nwithin/within the territory \nof one of the Contracting \nStates \n\ncentral industrial property -s \nthe central industrial property \n\n125 \n\n98 \n245 \n\n- lodges opposition against. 245 \n\nbefore -\n\nactivities (ETMO) \nto administer (ETMO) \nadministration (ETMO) \nto lodge an appeal in writing \n\nat the -\n\nto be the subject of an appeal \n\nto the -\n\nbudget (ETMO) \nlegal character (ETMO) \nAdministrative Council (ETMO) \n\n\u2022 discussions \n\u2022 legality of the activities \n\u2022 functions \n\ndealings with. (ETMO) \ndepartments (ETMO) \nconditions of service for \n\n176 \n176 \n176 \n176 \n\n176 \n\n176 \n176 \n176 \n\n176 \n176 \n176 \n\nofficials and other employees \nof the -\n\n176 \nexpenditure (ETMO) \n176 \nexpenses (ETMO) \n176 \nincome (ETMO) \n176 \nOfficial Journal (ETMO) \n176 \ncontractual liability (ETMO) \n176 \nnon-contractual liability (ETMO)176 \nnatural persons whose names \n\nappear in a list maintained \nat -\n\n176 \nlocation (ETMO) \n176 \nmatters (ETMO) \n176 \ndate of opening of the -\n176 \nfirst accounting period of the - 176 \nPresident (ETMO) \n176 \nrepresentation of natural and \n\nlegal persons in proceedings \nbe fore the -\n\nrepresentation in proceedings \n\nbefore the -\n\nto undertake the representation \nin proceedings before the -\n\npublications (ETMO) \nreceipts (ETMO) \nrepresentatives acting as such \n\nb e f o re \n\nt he \n\n-\n\nto be r e p r e s e n t ed b e f o re \nto lodge a r e q u e st at \nt he \nl e g al s t a t us \nV i c e - P r e s i d e nt \n\n(ETMO) \n\n(ETMO) \n\n-\n\nt he \n-\n\no p e r a t i on \n\nc a r r y i ng o ut of f i n a n c i al \n\n-s \n\n176 \n\n176 \n\n176 \n176 \n176 \n\n176 \n176 \n176 \n176 \n176 \n\n179 \n\n- 15/en \n\n-\n\nPE 64. 907 \n\n\fopponent \n\nopposition \n\nthe - must be filed in writing \nthe - must include a statement \nof the grounds on which it \nis based \n- proceedings \nthe restriction of - proceed \n\nings \n\n181 \n\npar/ty (cont. ) \n\npersonal appearance of the \n\n-/ties \n\n190 \n189 \nevidence of the -/ties \n190 \nhearing the -/ties \n192 \ninterested - \n190 \none of the interested -/ties \none of the -/ties \n189 \npriority against third - rights 260 \n\n182 \n\n182 \n182 \n\n182 \n\nthe decisions by virtue of which \n\nan - is rejected \n\nthe limitation of the right to \n\nenter an - \n\nto file - \nto reject an - \nthe examining division shall \n\nreject the - \n\nrejection of the - \n\n182 \n\n182 \n182 \n182 \n\n182 \n182 \n\npayment \n\nproof of -\n\nperiod \n\nexpiry of the \n\nperjury \n\n186 \n\n78 \n\nany - on the part of witnesses 244 \n\norder \n\nto issue the enforcement - \nto be contrary to the funda \nmental principles of pub \nlic - \n\nperson \n\n- in commercial relationship \n\n128 \n\nwith. - making the request \naction done by the - making the \n\n184 \n\nrequest \n\norganization \n\nintergovernmental - \n\norigin \n\ngeographical - of a product \nthe trade mark indicated the \n\n- of products connected with \nit \n\nthe function of the mark as \n\nan indication of - \n\nowner \n\n- of a trade mark \n- of the original trade mark \nif the - of the prior trade \nmark can show that he has \nmade genuine use of his trade \nmark. the - states that he has used \n\n185 \n\n207 \n\n20 7 \n\n207 \n\n252 \n262 \n262 \n\nto institute infringement \n\nproceedings against the -\nmaking the request \nnatural and legal -s \nnatural or legal - \nnatural -s whose names appear \nin a list maintained at the \nEuropean Trade Mark Office \n\npirating \n\nthe possibilities of abuse in \nthe form of trade mark - \n\n193 \n\nplace \n\n- of business \n\npolicy \n\n98 \n\n262 \n\ntrade mark which is contrary \nto morality or to public - \n\n184 \n\nthe mark \n\n262 \n\nprejudice \n\npaper \n\nto be without - to. 20 \n\nthe use of the trade mark on \n\nprejudice (to) \n\nbusiness -s or in advertising 187 \n\nto avoid the risk of prejudicing \nthe interests of any of the \nparties concerned \n\n196 \n\npart \n\n- of a business name \n\nparticipant \n\n-s in the proceedings \n\n103 \n\nprint \n\n189 \n\npriority \n\npar/ty \n\n-/ties to the contract \n-/ties in appeal proceedings \naction between the -/ties to \n\n190 \n189 \n\n- declaration \nto take advantage of the - of \n\na previous filing \n\nloss of right to claim - of \n\nfiling \n\nthe declaratory proceedings \n\n190 \n\nclaims to - rights \n\n- 16/en -\n\nPE 64. 907 \n\n192 \n81 \n\n81 \n\n81 \n192 \n192 \n\n192 \n\n104 \n\n200 \n\n200 \n\n200 \n200 \n\n\fpriority (cont. ) \n\nproduct \n\nto enjoy a - right \nto grant a - right \ndeclaration of - \nto make a declaration of - \ndate for the purposes of \n\ndetermining - \n\nto claim a right of - \n\nprivilege \n\nto enjoy those -s and immuni \n\nties which are necessary to \nthe carrying out of their \ntask \n\nprocedure \n\n- in actions for infringement \n- for registration \nappeal - \nsimplification of the appli \n\n200 \n200 \n200 \n200 \n\n200 \n200 \n\n201 \n\n202 \n202 \n202 \n\ncation - \n\n202 \nrules of civil - \n202 \nintroduction of a conciliation - 202 \n142 \ninvalidity -s \n202 \napplication of national - \nnational registration and \n\nto purchase again a - similar \n\nin both quality and kind \nmarketing of -s for daily use \n\nand consumption \n\nproduction \n\nmass - by industry \n\npronounce (to) \n\n203 \n\n203 \n\n121 \n\ndecision by the Revocation Board \n\npronouncing upon an appeal \ndecision of the Board of Appeal \npronouncing upon an appeal \n\n253 \n\n253 \n\nproperty \n\nindustrial or commercial - \nto acquire or dispose of movable \n\n100 \n\nand immovable -\n\nwork on the harmonization or \nunification of industrial \n- law \n\ncentral industrial - offices/ \n\nauthorities \n\nthe European mark as an object \n\nof -\n\n202 \n202 \n\nproposal and registration of \n\nan EEC trade mark \n\nopposition -s \n\nregistration - \n\nproceeding \n\n-s for infringement of a \nEuropean trade mark \n\nto stay the -s for infringement \nof the European trade mark \n-s relating to infringements \n\nof EEC trade marks \n-s for the registration \nappeal -s \npersons entitled to appeal and \nto take part in appeal -s \n\ndeclaratory -s \ncosts incurred in declara \n\ntory -s \n\naction between the parties to \n\nthe declaratory -s \n\ninfringement -s \ninfringement -s of European \n\ntrade marks \n\n202 \n\n202 \n\n202 \n202 \n202 \n\n202 \n202 \n\n62 \n\n202 \n4 \n\n202 \n\nagainst the person making the \nrequest \n\n4 \n\nto institute -s jointly with \nthe proprietor of the mark \n\n4 \nto institute -s in its own name 110 \n4 \ninvalidity -s \n202 \nopposition -s \n22 \noral -s \n202 \nparticipants in the -s \n(any party to) the -s (who was \naffected by) the decision \n\nto be a party to -s \nhaving regard to the state of \n\nproprietor \n\nright of continued use by the \n\n- of prior rights \n\nopposition by -s \npresent -\nprevious -\n\nprotect (to) \n\nto be legally -ed \n\nprotection \n\n- of consumers from being con \nfused, misled and deceived \n\nformal - of service marks \nto provide - for a trade mark \n\nat Community level \n\nCommunity system for the - of \n\ntrade marks \n\nthe scope of - of the EEC trade \n\nto create unitary and autonomous \nlaws for the - of industrial \nproperty \n\n- of unregistered signs \nto acquire effective - \nto determine whether the trade \n\n261 \n205 \n205 \n\nmarks applied for are eligible \nfor - \nlegal - \nthe scope of trade mark/the \n\n205 \n205 \n\n202 \n202 \n\nt r a de m a r k 's - \n\nfirms s e e k i ng t r a de mark - \n\n205 \n206 \n\nto institute infringement -s \n\nmark \n\n28 \n\n204 \n\n204 \n\n204 \n\n80 \n\n262 \n\n262 \n262 \n262 \n262 \n\n205 \n\n205 \n205 \n\n206 \n\n205 \n\n205 \n\nthe -s \n\n202 \n\n- 1 7 / en \n\n-\n\nPE 64. 907 \n\n\fprovision \n\nlegal -s vary substantially \n\npublication \n\n- of the decision \nexchange of -s \n\npublish (to) \n\nto - the registration of the \n\nEuropean trade mark \n\n208 \n\npurpose \n\nin the case where the protected \n\ntrade mark is used for the pur \npose of attaching references \nor making comparisons or for \nother unfair -s \n\n32 \n\nqualification \n\nspecial professional -\n\nreason \n\njustifiable -\nwithout proper -\nwithout valid -\n\nreceipt \n\n- of an application for a \n\ndeclaration \n\nreciprocity \nto grant -\nto guarantee -\n\nredress \n\nloss of means of -\n\nrefer (to) \n\n210 \n\n166 \n166 \n166 \n\n86 \n\n217 \n217 \n\nto - the question to the \n\nEuropean Trade Mark Court \n\n239 \n\nreference \n\nin the case where the protected \ntrade mark is used for the \npurpose of attaching -s or \nmaking comparisons or for \nother unfair purposes \n\n220 \n\nrefusal \n\n- of trade mark applications \n- of the mark \nthe invalidity of the EEC trade \n\n226 \n221 \n\nmark because of absolute \ngrounds of - \n\nregister \n\n- of European collective marks \n- of European Trade Marks \nthe - of European Trade Marks \nshall be open to public in \nspection \n\nto record/to make entries/to \nenter in the - of European \nTrade Marks \n\n221 \n\n223 \n223 \n\n223 \n\n223 \n\nregister (cont. ) \n\n58 \n\n208 \n208 \n\nthe European trade mark shall \nbe entered in the - of Euro \npean Trade Marks \n\na person registered/entered in \n\n223 \n\nthe - of European Trade Marks 223 \n\n218 \n\nnational trade mark \n\nan extract from the - of Euro \n\npean Trade Marks relating to \nthe registration of the Euro-\npean Trade Mark \n\nto record a licence in the -\nof European Trade Marks \n\nto enter national marks in the \n- of European Trade Marks \n\nto record/to enter/to register/ \nto note in the - of European \nTrade Marks \n\na special portion of the - of \n\nEuropean Trade Marks \n\nregistration of the reference \nin the - of European Trade \nMarks \n\nregistration of the surrender \nin the - of European Trade \nMarks \n\nEEC trade mark - \n\nregister (to) \n\ndecision to - the trade mark \nto be -ed as a European trade \n\nmark \n\nto - an identical or similar \n\ntrade mark \n\nprocedure for registering \nprocedure for registering a \n\nregistration \n\n- of distinguishing character \n\nistics \n\nthe - has lapsed \n- of existing national marks \n\nas European marks \n\n- of trade marks \n- of the trade mark \nthe - of the trade mark has \n\nexpired \n\nprovisions governing the -\n\nof trade marks \n\nproposal and - of an EEC trade \n\nmark \n\ntrade mark rights may be lost \nsubsequent to the - period \n\n- procedure \ncosts in - proceedings \nprogress of - proceedings \nthe date on which the - is \n\npublished \n\nthe - of. shall cease to be \n\nvalid on expiry of. certificate of - \nto be excluded from - \nthose/the cases where the mark \n\n223 \n\n223 \n\n22 3 \n\n223 \n\n223 \n\n223 \n\n223 \n223 \n\n105 \n\n106 \n\n106 \n105 \n\n105 \n\n105 \n105 \n\n86 \n86 \n105 \n\n105 \n\n105 \n\n105 \n\n105 \n105 \n105 \n105 \n\n105 \n\n105 \n105 \n105 \n\napplied for should be excluded \nfrom - \n\n105 \n\n- 18/en -\n\nPE 64. 907 \n\n\fregistration (cont. ) \n\nthe trade mark/the European \ntrade mark is excluded \nfrom - \n\nexpiry of the - \nindication of - \nprocedure for - \nprocedure for - of a national \n\ntrade mark \n\nproceedings for the - of a \nEuropean trade mark/the \nEuropean trade mark \n\nterm of - \n\nregulation \n\n105 \n105 \n105 \n105 \n\n105 \n\n105 \n105 \n\n-s concerning fees made pursuant \n\nto this Convention \n- of trade mark law \nchange in the -s \nregulations as to the use of \n\nthe marks \n\nto determine the -s for \n\nofficials \n\nall references to changes in \n\nthe -s \n\nuse contrary to the -s \nto determine the Financial -s \nImplementing -s of/relating to/ \n\nto this Convention. may inspect the -s \ninspection of the -s \n\nreinstatement \n\nremoval \n\nthe - of partially or totally \n\nunused trade marks \n\nthe - of unused marks from \n\nthe register of EEC trade \nmarks \n\nrenewal \n\npayment of - fees \nto apply for -\n\nreport \n\nexaminers' -s \nmanagement -\n\nrepresentation \n\n224 \n225 \n224 \n\n254 \n\n224 \n224 \n224 \n\n224 \n224 \n224 \n\n236 \n\n211 \n\n211 \n\n228 \n228 \n\n171 \n213 \n\n- of natural and legal persons \nand legal persons in proceed \nings before the European Trade \nMark Office \n\n231 \n\n- in proceedings before the \nEuropean Trade Mark Office. may undertake the - ih \n\nproceedings before the Euro \npean Trade Mark Office \n\ncompulsory -\n\n231 \n\n231 \n231 \n\nrepresentative \n\nthe - whose name is registered \nand whose power of attorney \nor authorization has lapsed \n\nto act as a - in trade mark \n\nmatters \n\nprofessional -s \nto act as a professional -\nin trade mark matters \nto authorize several -s \n\n2 30 \n\n230 \n\n231 \n231 \n\n231 \n231 \n\nrequest \n\nthe - is admissible \nthe - shall not be admitted \nthe - is deemed not to have been \n\nmade \n\nto decide on the - without a \n\nhearing \nto lodge a - \n\n141 \n232 \n80 \n\n232 \n\n2 32 \n232 \n\n11 \n\n224 \n\nrescind (to) \n\nto - the appealed decision in \n\nwhole or in part \n\nresemblance \n\nthe - between the European trade \nmark and the prior trade mark \n\n234 \n\nresidence \n\nto have one's ordinary -\n\nresident \n\nto be ordinarily -\n\nresolving \n\nthe - of conflicts with prior \n\nnational trade marks \n\nrespondent \n\nresponsibility \non his own - \n\nresult (to) \n\n98 \n\n98 \n\n224 \n\n77 \n\n233 \n\nto - in a technical effect \n\n2 37 \n\nrevision \n\n- conference \nto take part in the - conferen \n\nces \n\n- of the Convention \ninterlocutory - \n\nrevocation \n- Board \nthe - Board may decide on the \n\napplication \n\nthe - Board will decide the \n\ncase itself \n\nClerk to the - Board \n\n238 \n\n238 \n238 \n238 \n\n10 \n\nlo \n\n10 \n10 \n\n- 19/en -\n\nPE 64. 907 \n\n\f43 \n\n33 \n\n216 \n\n241 \n\n242 \n\nrevocation (cont. ) \n\nrule (to) \n\ndecision of/by the - Board \ndecision by the - Board pronounc \n\n10 \n\ning upon an appeal \n\n10 \n\nthe decision of the - Board \n\nshall state the grounds on \nwhich it is based \n\nclaim/action for the declara \n\nIO \n\nscale \n\ntion of lapse or - of the Euro \npean trade mark \n\n173 \n\nseal \n\naction for declaring the lapse \n\nsearch \n\nto - in the first instance on an \napplication for declaration \nof lapse or revocation of a \nEuropean trade mark \n\n253 \n\nor - of a national trade mark 173 \n\nright \n\n- division \n112 \nautomatic -es for prior rights 112 \nto carry out a - for prior \n\n-s accruing from prior trade \n\nrights \n\nmarks \n\n- of action by national authori \n\nties \n\n-s conferred by the EEC trade \n\n100 \n\n100 \n\nsecret \n\nto be a professional -\n\nmark \n\n100 \n\nsection \n\nlimitation of the - to enter \n\nan opposition \n\nproper protection of the -s \n\ninvolved \n\nto grant the - to oppose \n-s from trade marks or other \n\ndesignations \n\nto claim a - of priority \nto have his -s restored \nrestricted - of local use \na contractual agreement giving \na third party the - to use a \ntrade mark \nan earlier - \nexclusive - \nto confer exclusive -s \nany other/another prior - \nrestrictions as to the disposal \n\n100 \n\n100 \n\u00ccOO \n\n100 \n100 \n\u00ccOO \n100 \n\n55 \n100 \n100 \n100 \n100 \n\nof prior -s \n\n100 \n100 \nother earlier/prior -s \n100 \nlimitation of prior -s \nprinciple of prior -s \n200 \nautomatic searches for prior -s 100 \nto carry out a search for \n\nprior -s \n\nto enjoy a priority - \nto grant a priority - \nindustrial property -s \ntrade mark -s may be lost \n\nsubsequent to the registra \ntion period \n\nexhaustion of trade mark -s \n\n12 \nlOO \n100 \nlOO \n\n100 \n100 \n\nrule \n\n-s concerning fees made pursuant \n\nto this Convention \n\n-a relating to fees adopted \n\npursuant to this Convention \n\nprocedural -s \nviolation of essential formal \n\nand procedural -s \n\n224 \n\n224 \n202 \n\n202 \n\nviolation of essential formal \n\nand procedural -s and appeal \nprocedure \n\n127 \n\nexamining -\nthe examining - shall decide \n\non the application without a \nhearing \n\n242 \n\nsecurity \n\namount of the -\nto deposit the -\nto furnish - for the costs of \n\nthe proceedings \n\n35 \n35 \n\n35 \n\nservices \n\nestablishment of a free market \n\nfor branded goods and -\nbearing trade marks \n\n245 \n\nsettlement \n\nto procure an amicable -\n\n9,107 \n\nshape \n\n-8 of articles or packing \n-s which are dictated by the \n\ngoods themselves \n\n127 \n\n127 \n\nsign \n\nthe -s or devices which are \n\ncapable of distinguishing the \ngoods or services of the \napplicant from those of \nothers \n\nthe trade mark as a distinc \n\ntive -\n\nunregistered trade marks and \n\nother -s \n\nprotection of unregistered -s \n\nsimilarity \n\n- of goods \n\nsubsidiary \n\nsuccessor \n\n- in title \n\n24 7 \n\n24 7 \n\n24 7 \n24 7 \n\n250 \n\n123 \n\n26 \n\n- 20/en \n\n-\n\nPE 64. 907 \n\n\fthe relationship between several \n\ntrade mark \n\nnational legal -s \n\nsummons \n\nservice of a - in proper form \n\nsurname \n\nsurrender \n\nthe lapse of the trade mark \n\nin cases of - by the owner \n\nsystem \n\nthe Community - for the pro \ntection of trade marks \ncoexistence of national and \n\nCommunity -s \n\ntrade marks under different \n\nlegal -s \n\n17 \n\n167 \n\n227 \n\n255 \n\n100 \n\n255 \n\n184 \n\nterm \n\ndescriptive - \nuse of descriptive -s \nthe loss of the EEC trade mark \nby reason of its becoming a \ngeneric - \n\nterritoriality \n\nprinciple of -\n\nterritory \n\na system of trade mark law \napplicable throughout the \n- of the Community \n\nin/over the entire/whole -\n\n139 \n139 \n\n82 \n\n259 \n\n258 \n\ntransaction \n\nunilateral legal - \n\n3 \n\ntreasury \n\nto deposit the available balan \nces with the Treasuries of \nthe Contracting States \n\ntrea/fev \n\n-/ties \n\nbilateral or multilateral \n\nthe Trade Mark Registration \n\n- (TRT) \n\n266 \n\n264 \n\n264 \n\nultra vires \n\nto be empowered to hear appeals \n\nagainst decisions alleged \nto be \u2014, violation of a basic \nprocedural rule \n\n136 \n\nunit \n\n- of account \n\n271 \n\n271 \n273 \n271 \n\n271 \n79 \n\n163 \n\n163 \n\n271 \n\n2 73 \n\n271 \n\n2 71 \n\n272 \n\nuse \n\nthe - of the trade mark on \nbusiness papers or in ad-\nvertising \n\nthe - of the same or a similar \n\ntrade mark \n\ndeceptive - of a trade mark \nfair - \nif the owner of the prior trade \n\nmark can show that he has \nmade genuine - of his trade \nmark. illegal - \nnon-trade mark - of a European \n\ntrade mark by third parties 163 \n\nto oppose the - of the European \n\nto make serious - of/seriously \nto use the European trade \nmark \n\nuse (to) \n\nthe owner states that he has \n\n-d the mark \n\nonly trade marks which are \n\nused or are intended to be \n-d may be protected \n\n271 \nmanner of using the trade mark 271 \na contractual agreement giving \na third party the right to -\na trade mark \n\nthe manner in which the trade \nmark is -d by the licensee \n\n- requirements \ntrade marks are subject to \nstrict and resolutely \napplied - requirements \nprinciple of \"honest concur \n\nrent -\" \n\nvalue \n\n- in force at the date of \n\ndeposit \n\n188 \nadvertising - of the trade mark 125 \n\nVerwirkung \n\ncases of \"-\" (Germany) \n\n263 \n\nviolation \n\nto be empowered to hear appeals \nagainst decisions alleged to \nbe ultra vires, violation of \na basic procedural rule \n\n275 \n\nwitness \n\nany - who fails to appear \n\n25 7 \n\nof the Contracting States \n\n258 \n\nuser \n\nin/over the whole of the -/ties \n\nof the Contracting States \n\n258 \n\n270 word \n\n-s and pictorial presentations 24 7 \n\nyear \n\nfinancial -\n\n116 \n\n- 21/en -\n\nPE 64. 907 \n\n\f\fAbbildung \ndie - \nAbdruck \nder - \nAbhilfe \ndie - \nAbkommen \n\n88 \n\n104 \n\n238 \n\ndas Madrider - \u00fcber die inter \nnationale Registrierung von \nFabrik- oder Handelsmarken \ndas - von Nizza \u00fcber die inter \nnationale Klassifikation von \nWaren und Dienstleistungen f\u00fcr \nFabriks- oder Handelsmarken \nvom 15. Juni 1957 \n\n15 \n\n15 \n\ndie erforderlich werdenden \nAnpassungen dieses -s \n\nsich diesem Abkommen durch eine \nAssoziierung auf Grund eines \nbesonderen -s anschlie\u00dfen \n\nMitglied dieses -s werden \ndie Revision des -s \n\n67 \n\n2 \n67 \n67 \n\nablehnen \n\ndie Mitglieder der Beschwerde \n\nkammern oder der Nichtigkeits \nkammern - \n\n219 \n\nAbschrift \n\nwenn eine beglaubigte -\n\n(hiervon) \n\nvorgelegt wir \n\nd \n\nAbtei] \ndie \ndie \n\nLung \nMarkenverws \nPr\u00fcfungs-\n\niltungs-\n\nAqent \nder \n\n-\n\nAmts-\n\ndie \ndie \ndie \n\n-pflichten \n-spr\u00e4che \nBeendigung \n\nanbringen \n\nder -t\u00e4t \n\nigkeit \n\ndas Anbringen der gesch\u00fctzten \n\n68 \n\n97 \n97 \n\n6 \n\n125 \n152 \n125 \n\nwenn es nicht m\u00f6glich ist, die \nMarke auf der Ware selbst \nanzubringen \n\nanfechtbar \n- sein \n\nAngabe \n\n14 \n\n218 \n\ndie beschreibende -\nder Gebrauch beschreibender \n\n139 \n-n 139 \n\nAngebot \n\neine Differenzierung des -s \n\nerm\u00f6glichen \n\nAngeh\u00f6rige \n\nder -\n\nAngleichung \n\ndie - des innerstaatlichen \n\nMarkenrechts \n\n178 \n\n235 \n\nAnh\u00f6rung \ndie - \ndie - der Beteiligten \ndie - vor. ist nicht \u00f6ffent \n\nlich \n\n\u00fcber die Beschwerde/\u00fcber den \nAntrag ohne - entscheiden \n\ndie - ist vor den Beschwerdekam \nmern und vor den Nichtigkeits \nkammern \u00f6ffentlich \nder Zeitpunkt der - \n\nAnmeldedatum \n\ndas -\n\nanmelden \n\n22 \n22 \n\n22 \n\n22 \n\n22 \n22 \n\n86 \n\nohne eigene Benutzungsabsicht \n\nsystematisch Marken zu Zwecken \ndes Markenhandels - \n\n85 \n\nAnmelder \nder -\nden - h\u00f6ren \ndie Stellungnahme des -s \n\nAnmeldeverfahren \n\ndas - vereinfachen \n\nAnmeldung \n\n81,84 \n81 \n81 \n\n86 \n\neine - einreichen \n161 \ndie - gilt als nicht eingereichtl\u00f6l \n16 3 \ngerechnet vom Tag der - an \n80 \ndie - zur\u00fccknehmen \n80 \ndie - zur\u00fcckweisen \ndie - bestehender nationaler \n\nMarken als europ\u00e4ische Marken 86 \n\ndie - und Eintragung von \n\nEWG-Marken \n\nauf eine oder mehrere nationale \n\nMarken-en gest\u00fctzt werden \n\n80 \n\n86 \n\ndie Umwandlung in eine nationale \n\nMarken- \n\n80 \ndie Zur\u00fcckweisung von Marken-en 80 \n\nAnrufung \n\ndie - des Europ\u00e4ischen Marken \n\ngerichts \n\neinen - begr\u00fcnden \nder Eingang eines -s \nder Eingang eines -s auf Fest \n\nstellung \n\n80 \neinen - einreichen \n232 \nder - gilt als nicht eingereicht232 \ndie Einreichung des -s \n232 \n\u00fcber den - ohne Anh\u00f6rung ent \n\nscheiden \n\nein - auf Feststellung \nAntr\u00e4ge stellen \nder - auf Umwandlung \nder - ist unzul\u00e4ssig \nder - ist zul\u00e4ssig \ndie Zur\u00fcckweisung eines -s \n\n239 \n\n232 \n2 32 \n\n2 32 \n80 \n80 \n2 32 \n80 \n232 \n232 \n\n81 \n\n81 \n\nAntragsteller \n\neine von dem - vorgenommene \n\n214 \n\nHandlung \n\neine Verletzungsklage gegen den \n\n- einreichen \n\n- 1/de -\n\nPE 64. 907 \n\nMarke auf der Ware \n\n14 \n\nAntrag \n\n\fArtikel \n\ndie in industrieller Massenferti \n\ngung hergestellten - \ndie Vermarktung der - des \n\n203 \n\nt\u00e4glichen Ge- und Verbrauchs 203 \n203 \n\nder Marken- \n\nAufbringung \n\nder -sschl\u00fcssel \n\nAufforderung \n\ndie (Zahlungs)-\n\nAufgebot \nein -\naufheben \n\n43 \n\n141 \n\n252 \n\nBegutachtung \n\ndie - durch Sachverst\u00e4ndige \n\n117 \n\nBeh\u00f6rde \ndie - \ndie nationale - \ndie zust\u00e4ndigen -n \n\nBeitrag \n\n5 \n24 \n24 \n\ndie Beitr\u00e4ge der Vertragsstaaten 66 \n\nBekanntgabe \n\ndie - der Handlung \n\n208 \n\nBekanntmachung \nnach einer - \n49 \ndie - der Eintragung der e. M. 208 \n\ndie angefochtene Entscheidung \n\nganz oder teilweise - \n\n11 \n\nauftreten \n\ngemeinsam mit dem Markeninhaber \n\nBeklagte \nder - \nder Berufungs- \nBenachrichtigung \n\n77 \n77 \n\nAugenschein \n\ndie Einnahme des -s \n\nAusf\u00fchrungsordnung \n\ndie - zu diesem Abkommen \n\n87 \n\n224 \n\nAusgabe \n\n-n bewilligen/genehmigen \ndie Deckung der -n \ndie in den Haushaltsplan einge \n\nsetzten -n \n\ndie Rechtm\u00e4\u00dfigkeit und Ordnungs \nm\u00e4\u00dfigkeit der Einnahmen und \n-n feststellen \n\ndie Personal-n \n\n83 \n83 \n\n83 \n\n83 \n83 \n\nAusgestaltung \n\ndie rechtliche - einer EWG-Marke63 \n\n140 \n\n34 \n\n23 \n\nAuskunft \n\ndas -ersuchen \nau\u00dfergerichtlich \n- vertreten \n\nAutonomie \n\ndie - der EWG-Marke \ndie Grunds\u00e4tze der Einheitlich \n\nkeit und der - der EWG-Marke 2 3 \n\nBef\u00e4higung \n\neine besondere berufliche -\n\n210 \n\nBefreiung \n\ndie zur Erf\u00fcllung ihrer Aufgaben \nerforderlichen Vorrechte und \n-en genie\u00dfen \n\n134 \n\nBefugnis \n\nseine -se \u00fcbertragen \n21 \ndie Klage- nationaler Beh\u00f6rden lOO \n\nBegrenzung \n\nrechts \n\ndie territoriale - des Marken \n\nBegr\u00fcndung \n\ndie Berufungs-\n\n18 \n\n118 \n\ndie - \u00fcber \u00e4ltere Marken \n\n171 \n\nBenennung \ndie - \nder Verfall der EWG-Marke wegen \nEntwicklung zu einer gebr\u00e4uch \nlichen - \n\n82 \n\n82 \n\nbenutzen \n\nder Inhaber mu\u00df erkl\u00e4ren, da\u00df er \n\ndie Marke benutzt hat \n\n2 71 \n\nwenn der Inhaber einer \u00e4lteren \nMarke nachweisen kann, da\u00df er \nseine Marke ernsthaft benutzt \nhat. 271 \n\nBenutzung \n\ndie - der Marke auf Gesch\u00e4fts \n\npapieren und in der Werbung 271 \n\ndie - der Marke oder eines \u00fcber \n\n271 \n273 \n\neinstimmenden Zeichens \ndie irref\u00fchrende Marken- \nnur eine benutzte oder zur -\nvorgesehene Marke kann ge \nsch\u00fctzt werden \n\n2 71 \ndie Modalit\u00e4ten der - der Marke 271 \ndie Modalit\u00e4ten der Marken-\ndurch den Lizenznehmer \n\n273 \nein \u00f6rtlich beschr\u00e4nktes -srechtlOO \ndie Marken unterliegen einem \n\nstrengen und konsequent gehand \nhabten -szwang \n\n271 \n\nBerufsgeheimnis \n\nunter das - fallen \n\n241 \n\nBerufung \n\n13 \ndie -sbegr\u00fcndung \n13 \nder -sbeklagte \neine - einreichen \n13 \ndie - gilt als nicht eingereicht 13 \ndie Entscheidung \u00fcber die - \n13 \nf\u00fcr die Entscheidung \u00fcber -en \ngegen. zust\u00e4ndig sein \n\nder -skl\u00e4ger \ndie -sschrift \nder - stattgeben \n\n13 \n13 \n13 \n13 \n\n- 2/de \n\nPE 64. 907 \n\n\fBerufung (Forts. ) \ndas -sverfahren \nVerletzung wesentlicher Form \n\noder Verfahrensvorschriften \ndes -sverfahrens \n\ndie Kosten im -sverfahren \ndie Verteilung der Kosten des \n\n13 \n\n13 \n13 \n\n-sverfahrens \n\n13 \neine - als unzul\u00e4ssig verwerfen 13 \ndie - zur\u00fccknehmen \n13 \neine - als unbegr\u00fcndet zur\u00fcck \n\nweisen \n\nBesch\u00e4ftigunqsbedingung \n\ndie -en f\u00fcr die sonstigen \n\nBediensteten \n\nBescheid \n\nder Pr\u00fcfungs-\n\nbeschlie\u00dfen \n\neinstimmig -\n\nBeschwerde \n\n13 \n\n222 \n\n171 \n\n253 \n\n218 \nder - abhelfen \nmit der - anfechtbar sein \n218 \ndie - hat aufschiebende Wirkung218 \ndie - ist zu begr\u00fcnden \n218 \ndie - ist schriftlich beim \n\nEurop\u00e4ischen Markenamt einzu \nlegen \n\neine - einreichen \ndie - gilt als nicht einge \n\nreicht \n\n\u00fcber die - ohne Anh\u00f6rung ent \n\nscheiden \n\nEntscheidung \u00fcber die - \nf\u00fcr die Entscheidung \u00fcber -n \ngegen. zust\u00e4ndig sein \n\ndie Erwiderung auf die - \ndie Antr\u00e4ge, auf die sich die \n\n- gr\u00fcndet \n\n218 \n218 \n\n218 \n\n218 \n218 \n\n218 \n218 \n\n218 \n218 \n218 \n\ndie Pr\u00fcfung der - \nder - stattgeben \nder - ganz oder teilweise statt \n\ngeben \n\ngegen. findet die - statt \ndie Wirkung der -\ndie - ist zul\u00e4ssig \ndie - f\u00fcr zul\u00e4ssig und begr\u00fcn \n\ndet erachten \n\ngegen. ist die - nicht \n\nzul\u00e4ssig \n\ndie - zur\u00fccknehmen \ndie - als unbegr\u00fcndet zur\u00fcck \n\nweisen \n\n218 \n218 \n218 \n218 \n\n218 \n\n218 \n218 \n\n218 \n\nBeschwerdeberechtigte \n\ndie -n \n\nBeschwerdebeqr\u00fcndung \nder Eingang der -\ndie -\n\nbeschwerdef\u00e4hig \n\n-e Entscheidungen \n\n202,218 \n\n218 \n218 \n\n218 \n\nBeschwerdef\u00fchrer \n\nder - \nden - h\u00f6ren \n\nBeschwerdegeb\u00fchr \n\ndie - \n\nBeschwerdekammer \n\ndie - \ndie Beschwerde ohne sachliche \n\n218 \n218 \n\n218 \n\n40 \n\nStellungnahme der - vorlegen 218 \n\ndie Entscheidung der -, durch \n\ndie \u00fcber eine Beschwerde ent \nschieden wird \n\ndie - erforscht den Sachverhalt \n\nvon Amts wegen \n\ndie - entscheidet \u00fcber die Be-\n\nscherde ohne Anh\u00f6rung \ndie Entscheidung der - \ndie Entscheidung der - ist mit \n\nGr\u00fcnden zu versehen \n\nBeschwerdeverfahren \n\ndas - \nam - beteiligt sein \ndie Kosten im - \n\nBestandteil \n\n40 \n\n40 \n\n40 \n40 \n\n40 \n\n218 \n218 \n218 \n\nein - eines Handelsnamens \nnur einzelne -e der angemeldeten \n\n103 \n\nMarke sind schutzunf\u00e4hig \n\nbestehen \n\nBeteiligte \nder - \nein -r \ndie Anh\u00f6rung der -n \ndie Beweisantr\u00e4ge der -n \ndas pers\u00f6nliche Erscheinen \n\nder -n \n\ndie am Verfahren -n \ndie -n im Berufungsverfahren \n\nBetracht \n\nau\u00dfer - b l e i b en \n\nBetroffene \nder - \n\nBeweis \nder -\ndie -antrage der Beteiligten \ndie -aufn\u00e4hme \ndie -aufnahmen vornehmen \ndas mit der Durchf\u00fchrung der \n\n103 \n\n102 \n\n190 \n189 \n190 \n189 \n\n190 \n189 \n189 \n\n102 \n\n192 \n\n144 \n198 \n144 \n144 \n\n-aufn\u00e4hme beauftragte Mitgliedl44 \n144 \n144 \n\n- erheben \ndie -mittel \n\nBezeichnung \n\nidentische -en \neine \u00fcbereinstimmende -\ndie Marke oder die \u00fcberein \n\nstimmende - benutzen \ndie Benutzung der Dienst-\n\nleistungsmarke oder einer \n\u00fcbereinstimmenden -\n\n247 \n247 \n\n247 \n\n247 \n\n- 3/de -\n\nPE 64. 907 \n\n\fBezeichnung (Forts. ) \n\neine im gesch\u00e4ftlichen Verkehr \n\nbenutzte - \n\n247 \n\n-en, die in einer abweichenden \nZeichenform (Bild- und Wort \nzeichen) benutzt werden \n\n247 \n\nBeziehung \n\ndie lizenzvertraglichen -en \n\n213 \n\nBezugnahme \n\nim Falle, in dem die gesch\u00fctzte \nMarke zur anlehnenden - oder \nzu sonstigen unlauteren Zwecken \nbenutzt wird \n\n220 \n\nBuchstabe \nder - \n\nDienstaufsieht \n\n154 \n\ndie - \u00fcber das Personal aus\u00fcben 24 \n\nDienstleistung \n\ndie Herstellung des freien \n\nVerkehrs von Markenwaren und \n(von) -en unter Marken \n\n245 \n\ndie Fabrikmarken, die Handels \nmarken, die -smarken, die \nVerbandsmarken, die Gew\u00e4hr \nleistungsmarken \n\ndie europ\u00e4ischen -smarken \ndie Benutzung der -smarke oder \n\neiner \u00fcbereinstimmenden \nBezeichnung \n\nder Formalschutz von -smarken \n\n161 \n161 \n\n161 \n161 \n\nDienstverh\u00e4ltnis \n\nw\u00e4hrend der Dauer ihres \n\n-ses \n\n135 \n\nDisziplinar-\n\ndie -gewalt aus\u00fcben \n-ma\u00dfnahmen vorschlagen \n\nDritte \n\ndie Priorit\u00e4t gegen\u00fcber \n\nRechten -r \n\n195 \n240 \n\n260 \n\nEid \n\ndie Aussage oder die -esleistung \n\nverweigern \n\n244 \neine -esverletzung eines Zeugen244 \n\nEigentum \n\ndas gewerbliche oder kommer \n\nzielle - \n\nEingang \n\nder - eines Antrags auf Fest \n\nstellung \n\nEinheitlichkeit \n\ndie Grunds\u00e4tze der - und der \nAutonomie der EWG-Marke \n\neinigen \n\nsich g\u00fctlich - \n\nEinnahme \n\ndie Rechtm\u00e4\u00dfigkeit und \n\nOrdnungsm\u00e4\u00dfigkeit der -n \nund ausgaben feststellen \n\nlOO \n\n86 \n\n270 \n\n107 \n\n215 \n\nEinreichung \n\ndie - der Anmeldung \ndie - des Antrags \n\nEinrichtung \n\ndie zwischenstaatliche -\n\neintragen \n\neine identische oder \u00e4hnliche \n\nMarke f\u00fcr sich - lassen \n\nals europ\u00e4ische Marke eingetra \n\ngen sein \n\nEintragung \n\n86 \n86 \n\n185 \n\n106 \n\n106 \n\nvon der - ausgeschlossen sein \ndie Marke/die europ\u00e4ische Marke \n\n105 \n\nist von der - ausgeschlossen 105 \n\ndie(jenigen) F\u00e4lle, in denen die \n\nangemeldete Marke von der -\nauszuschlie\u00dfen ist \n\ndie Dauer der - \nder Ablauf der Dauer der - \ndie Dauer der - der Marke ist \n\nabgelaufen \n\ndie -. endet nach Ablauf \n\nvon. 105 \n105 \n105 \n\n105 \n\n105 \n\ndie Nichtigkeit der EWG-Marke \n\nwegen absoluter -shindernisse 221 \n\ndie Pr\u00fcfung auf absolute -shin \n\n221 \ndernisse \nder -shinweis \n105 \ndie k\u00fcnftige - von Kennzeichen 105 \n105 \ndie - l\u00f6schen \n86,105 \ndie - der Marken \ndie Anmeldung und - von \n\nEWG-Marken \n\neine Urkunde \u00fcber die - \ndas Verfahren \u00fcber die - \ndas Verfahren \u00fcber die - einer \n\neurop\u00e4ischen Marke \n\ndas Verfahren zur - \ndas Verfahren zur - einer na \n\ntionalen Marke \n\ndie Kosten im -sverfahren \nder Verlauf des -sverfahrens \ndie -sverf\u00fcgung \nder Verlust des Markenrechts \nkann nach erfolgter - ein \ntreten \n\ndie - wird im Europ\u00e4ischen Mar \n\nkenblatt ver\u00f6ffentlicht \nder Tag der Ver\u00f6ffentlichung \n\nder - \n\nEinwendung \nals - \ndie Unwirksamkeit im Wege der \n\n- geltend machen \n\nEndverbrauchsgut \n\ndas - \nEntfernung \n\nd ie - unbenutzter Marken aus dem \n\nEWG-Markenregister \n\n105 \n105 \n105 \n\n105 \n105 \n\n105 \n105 \n105 \n105 \n\n105 \n\n105 \n\n105 \n\n114 \n\n114 \n\n203 \n\n211 \n\n4/de \n\n-\n\nPE 64. 907 \n\n\fentgegenhalten \n\nErsatz \n\nDritten entgegengehalten werdenl80 \n\n- des Schadens verlangen, der \n\nentgegenstehen \n\nnicht -\n\nEntlastung \n\n- zu. erteilen \n\nentscheiden \n\n\u00fcber den Antrag ohne Anh\u00f6rung -253 \n\u00fcber die Beschwerde ohne \n\nAnh\u00f6rung - \n\n25 3 \n\ndie Entscheidung der Beschwerde \nkammer, durch die \u00fcber eine \nBeschwerde entschieden wird 253 \n\n\u00fcber eine Klage auf Erkl\u00e4rung \ndes Verfalls oder der Nich \ntigkeit einer europ\u00e4ischen \nMarke in erster Instanz - \ndas Europ\u00e4ische Markengericht \n\nentscheidet im Wege der Vorab \nentscheidung \n\n253 \n\ndie Nichtigkeitskammer kann \nentsprechend dem Antrag - \n\ndie Nichtigkeitskammer ent \n\nscheidet selbst \n\ndie Entscheidung der Nichtig \n\nkeitskammer, durch die \u00fcber \neine Berufung entschieden \nwird \n\n253 \n\n253 \n\n253 \n\nEntscheidung \n\ndie - \ndie - \u00fcber die Berufung \nf\u00fcr die - \u00fcber Berufungen gegen \n\n253 \n75. zust\u00e4ndig sein \n\nf\u00fcr die - \u00fcber. zust\u00e4ndig \n\nsein \n\ndie - \u00fcber die Klage wegen Ver \n\nletzung der europ\u00e4ischen \nMarke \n\ndie Verk\u00fcndung der - \ndem Europ\u00e4ischen Markengericht \neine Frage zur - vorlegen \n\ndie - \u00fcber die Widerklage \ndie Zustellung der - \ndie angefochtene - \ndie angefochtene - ganz oder \n\nteilweise aufheben \n\n253 \n\n253 \n\n253 \n75 \n\n253 \n253 \n75 \n75 \n\n75 \n\ndie Stelle, die die angefochtene \n\n- erlassen hat \n\ndie Zustellung der angefochte \n\nnen - \n\n75 \n\n75 \n\ndie rechtskr\u00e4ftige - \u00fcber die \n\nKlage auf Erkl\u00e4rung des \nVerfalls oder der Nichtigkeit \nder europ\u00e4ischen Marke \n\n253 \n\nErl\u00f6schen \n\ndas - der Marke \n\nErmessen \n\nder -smi\u00dfbrauch \n\nernennen \n\n119 \n\n89 \n\ndie Beamten und Bediensteten - 229 \n\n59 \n180 \n\nden. entsteht \n\nErsuchen \n\ndas Rechtshilfe-\n\n73 \n\nErzeugnis \n\n229 \n\n48 \n\ndas nach Qualit\u00e4t und Art gleiche \n\n- wiederkaufen \n\nEWG-Marke \neine -\ndie Koexistenz von EWG- und \n\nnationalen Marken \n\ndie L\u00f6sung von Konflikten \n\nzwischen -n und nationalen \nMarken \n\n253 \n\ndie -nbeh\u00f6rde \ndas -nregister \n\n203 \n\n161 \n\n100 \n\n161 \n175 \n223 \n\n161 \n161 \n\n167 \n167 \n\n69 \n\nFabrikmarke \ndie -n \ndie herk\u00f6mmlich gesch\u00fctzten - \n\nFamilienname \n\nder - \nder Gebrauch des eigenen -ns \n\nFarbzusammenstellung \n\ndie -\n\nFehler \n\ndie Berichtigung von Schreib \n\nfehlern und sprachlichen -n \n\n109 \n\nFeiertag \n\nder gesetzliche -\n\nFeststellung \n\n150 \n\nder Eingang eines Antrags auf - 62 \n62,202 \ndas -sverfahren \n62 \ndie Kosten des -sverfahrens \n\nFinanz \n\ndie Durchf\u00fchrung der -geschafte 179 \n143 \ndas -institut \n\nFirma \n\ndie -\n\nForm \n\ndie -en der Ware oder der \n\nVerpackung \n\n212 \n\n12 7 \n\ndie -en, die durch die Ware selbst \n\nbedingt sind \n\ndie Verletzung wesentlicher \nForm- oder Verfahrensvor \nschriften des Berufungsver \nfahrens \n\nFrist \n\nder Ablauf der -\ndie Priorit\u00e4ts \neine - verl\u00e4ngern \n\nFunktion \n\ndie -en, die man der Marke zu \n\n127 \n\n127 \n\n78 \n78 \n78 \n\nerkennt \n\ndie grundlegende - der Marke \ndie Herkunfts- der Marke \n\n125 \n12 5 \n125,139 \n\n- 5/de -\n\nPE 64. 907 \n\n\fGebiet \n\nim gesamten - der Gemeinschaft \n\ngeltendes Markenrecht \n\n258 \n\nGebrauch \n\nder lautere - \neine Marke wird durch Vertrag \neinem anderen zum - \u00fcberlas \nsen (Lizenz) \n\nGeb\u00fchr \n\ndie - \ndie Anmelde- \ndie - f\u00fcr die Bekanntmachung \n\n271 \n\n271 \n\n256 \n256 \n\nund die Druckkosten \n\n256 \n256 \ndie Beschwerde- \ndie Beschwerde- entrichten \n256 \ndie Beschwerde- zur\u00fcckzahlen 256 \n256 \ndie - f\u00fcr die Eintragung \n256 \ndie Klassen- \ndie Ver l\u00e4ngerungs-en \n256 \ndie Verl\u00e4ngerungs-en entrichten256 \ndie F\u00e4lligkeit der Ver \n\nl\u00e4ngerungs-en \n\ndie Nichtzahlung der Ver \n\nl\u00e4ngerungs-en \ndie Widerspruchs- \n-en erheben \ndie -enordnung zu diesem \n\nAbkommen \n\ndie in der -enordnung zu diesem \n\nAbkommen vorgeschriebenen \nGeb\u00fchren X HX \n\nGegenseitigkeit \n- gew\u00e4hren \n\nGeldbu\u00dfe \n\ndie Erhebung einer - \neine - verh\u00e4ngen \n\nGericht \n\ndie -e \nRechtsbeschwerde zum Europ\u00e4i \n\nschen - \n\nein internationales - \ndie nationalen -e der Vertrags \n\nstaaten sind sachlich zu \nst\u00e4ndig \n\nein sachlich zust\u00e4ndiges \n\nnationales - \n\nvor - stehen \n\ngerichtlich. - und au\u00dfergerichtlich \n\nvertreten \n\nGesch\u00e4ft \n\nder -sbetrieb \nRechts- und Gesch\u00e4ftsf\u00e4higkeit \n\n111 \n\nbesitzen \n\ndie Benutzung der Marke auf \n\n-spapieren und in der \nWerbung \nder -ssitz \nseinen -ssitz in einem der Ver \ntragsstaaten haben/im Gebiet \neines der Vertragsstaaten \nhaben \n\n256 \n\n256 \n256 \n256 \n\n224 \n\n256 \n\n217 \n\n8 \n8 \n\n267 \n\n70 \n70 \n\n267 \n\n267 \n110 \n\n34 \n\n34 \n\n187 \n98 \n\n98 \n\ngew\u00e4hrleisten \n\neinen redlichen Wettbewerb - \n\n129 \n\nGew\u00e4hrleistungsmarke \n\ndie -n \n\nGlauben \n\nnicht in gutem - sein \n\nGleichartigkeit \ndie \"Waren-\" \n\nGrund \n\nein berechtigter - \nohne berechtigten - \nberechtigte Gr\u00fcnde f\u00fcr die \n\nNichtbenutzung \n\nGuthaben \n\ndie Transferierung von - \nverf\u00fcgbare oder fl\u00fcssige - \n\ng\u00fctlich \n\nsich - einigen \n\n161 \n\n124 \n\n250 \n\n166 \n166 \n\n166 \n\n25 \n25 \n\n9 \n\ndie pers\u00f6nliche - der Bedienste \n\nHaftung \n\nten \n\nHandel \n\ndas einheitliche -sgebiet \ndie -smarken \ndie herk\u00f6mmlich gesch\u00fctzten \n\nFabrik- und -smarken \n\n161 \nder -sname \n167 \nein Bestandteil eines -snaraens 167 \nlOO \ndas -srecht \n\ndie Hersteller und - von Marken \n\nH\u00e4ndler \n\nartikeln \n\nHandlung \n\ndie angefochtene - \ndie gerichtliche - \ndie unerlaubte - \neine von dem Antragsteller vorge \n\n3 \n3 \n79 \n\nnommene - \n\ndie Bekanntgabe der - \ndie Mitteilung der - \nseine -sweise rechtfertigen \n\nHaushaltsf\u00fchrung \n\nsich von der Wirtschaftlichkeit \n\nder - \u00fcberzeugen \n\nHaushaltsjahr \n\ndas - \n\nHaushaltsordnung \n\ndie - festlegen \n\nHaushaltsplan \n\n233 \n\n258 \n161 \n\n95 \n\n3 \n3 \n3 \n7 \n\n130 \n\n116 \n\n224 \n\n30 \n30 \n30 \n\ndie Aufstellung des -s \nden - ausf\u00fchren \ndie Ausf\u00fchrung des -s \nder - ist in Einnahmen und \nAusgaben auszugleichen \n\n30 \n30 \nin den - einsetzen \n30 \nder Entwurf des -s \n30 \nden - feststellen \n30 \ndie Feststellung des -s \ndie Rechnungsvorg\u00e4nge des -s \n30 \nden - vorbereiten und ausf\u00fchren 30 \n\n- 6/de -\n\nPE 64. 907 \n\n\fHerkunft \n\ndie Marke gibt die - der mit ihr \n\nverbundenen Erzeugnisse an \n\n207 \n207 \ndie -sfunktion der Marke \ndie geographische - einer Ware 207 \n\nHersteller \n\ndie - und H\u00e4ndler von Marken \n\nInteresse \n\nein berechtigtes - nachweisen \n\n147 \n\nIrref\u00fchrung \n\nVerwechslung, - und T\u00e4uschung \nder Schutz des Verbrauchers vor \n\n109 \n\nVerwechslung, - und T\u00e4uschung 109 \n\n120 \n\nKammer \n\ndie Beschwerde- \ndie Nichtigkeits- \n\n221 \n\nKennzeichen \n\n218 \n40 \n\n247 \n\nartikeln \n\nHindernis \n\ndie Pr\u00fcfung auf absolute Ein-\n\ntragungs-se \n\nHinterlegung \n\ndie \u00e4ltere - \neine erste - darstellen \neine Abschrift der ersten -\n\nvorlegen \ndie j\u00fcngere - \ndie Bedeutung einer nationalen \n\n- haben \n\nnationale -en zur\u00fccknehmen oder \nrechtskr\u00e4ftig zur\u00fcckweisen \ndie vorschriftsm\u00e4\u00dfige nationa \n\nle - \n\ndie Bedeutung einer vorschrifts \nm\u00e4\u00dfigen nationalen - haben \nder Zeitpunkt der (ersten) -/ \n\nAnmeldung \n\ndie - zur\u00fccknehmen, fallen \nlassen oder zur\u00fcckweisen \n\n86 \n86 \n\n86 \n86 \n\n86 \n\n86 \n\n86 \n\n86 \n\n86 \n\n86 \n\nHoheitsgebiet \n\nf\u00fcr das gesamte - der Vertrags \n\nstaaten \n\nHoId i ng \n\ndie -gesellschaft \n\nidentifizieren \n\nein bestimmtes Erzeugnis -\ndie G\u00fcter (nach ihrer Her \n\nkunft) -\n\nIdentifizierung \n\n258 \n\n131 \n\n133 \n\n133 \n\ndie - der Produkte erleichtern 132 \n\nIndividualmarke \n\ndie -\n\nInhaber \n\nder Marken- \nder - mu\u00df erkl\u00e4ren, da\u00df er die \n\nMarke benutzt hat \n\nder - der \u00e4lteren Marke \nwenn der - einer \u00e4lteren Marke \n\n161 \n\n262 \n\n262 \n262 \n\nnachweisen kann, da\u00df er seine \nMarke ernsthaft benutzt hat 262 \n\ndas Weiterbenutzungsrecht der \n\n- \u00e4lterer Rechte \n\nder fr\u00fchere - \nder gegenw\u00e4rtige - \nder Widerspruch der - \n\nInstanz \n\ndie Nichtigkeits-en \n\nIntegration \n\ndie - zwischen den nationalen \n\nM\u00e4rkten \n\n262 \n262 \n262 \n262 \n\n142 \n\n145 \n\ndie k\u00fcnftige Eintragung von - \nnicht eingetragene Marken und \n\nandere - \n\n247 \nder Schutz nicht eingetragener -247 \n\nKennzeichnung \n\neine klare und unmi\u00dfverst\u00e4nd \n\nliche - des jeweils gew\u00fcnschten \nArtikels \n\n93 \n\nKlage \n\ndie -befugnis nationaler Be \n\nh\u00f6rden \n\nist die - begr\u00fcndet \n- erheben \n-n hinsichtlich nationaler \nKollektivmarken erheben \n\n100 \n218 \n3,4,152 \n\ndie Erhebung der - \nden Lizenznehmer von der Erhebung \n\nder - unterrichten \n\nf\u00fcr die Entscheidung \u00fcber -n, \n\ndie e. M. betreffen, in letzter \nInstanz zust\u00e4ndig sein \n\n4 \n4 \n\n4 \n\n4 \n\neine - auf Erkl\u00e4rung der Nich \ntigkeit einer europ\u00e4ischen \nMarke \n\neine - auf Erkl\u00e4rung der Nich \ntigkeit einer europ\u00e4ischen \nMarke erheben \n\n4,218 \n\n218 \n\ndie - auf Erkl\u00e4rung des Verfalls \n\neiner e. M. eine - auf Erkl\u00e4rung des Verfalls \n\noder der Nichtigkeit der \neurop\u00e4ischen Marke erheben \n\neine rechtskr\u00e4ftige Entscheidung \n\u00fcber die - auf Erkl\u00e4rung des \nVerfalls oder der Nichtigkeit \nder europ\u00e4ischen Marke \n\n4 \n\n4 \n\n4 \n\n-n auf Erkl\u00e4rung des Verfalls oder \nder Nichtigkeit der europ\u00e4ischen \nMarke einem sachlich zust\u00e4ndigen \nnationalen Gericht zuweisen \n\n4 \n\ndie Entscheidung \u00fcber die - wegen \n\nVerletzung der europ\u00e4ischen \nMarke \n\n4 \n\ndie - auf Erkl\u00e4rung des Verfalls \n\nder europ\u00e4ischen Kollektivmarke 4 \n\nzur Erhebung der - auf Erkl\u00e4rung \ndes Verfalls oder der Nichtig \nkeit einer europ\u00e4ischen Kollek \ntivmarke berechtigt sein \n\n4 \n\n- 7/de \n\nPE 64. 907 \n\n\fKlage (Forts. ) \n\ndie - auf Erkl\u00e4rung des Verfalls \nder europ\u00e4ischen Kollektivmarke \nerheben \n\n4 \n\nsich einer - des Markeninhabers \n\nanschlie\u00dfen \n\neiner - gegen den Markeninhaber \n\nbeitreten \n\n4 \n\n4 \n\n-n, die europ\u00e4ische Marken betref \n\nfen/die nationale Marken \nbetreffen \n\neine - gegen. richten \ndie - als unzul\u00e4ssig oder offen \n\nsichtlich unbegr\u00fcndet erachten 4 \n\ndie - auf Erkl\u00e4rung der Nichtig \n\nkeit zur\u00fccknehmen \n\ndie - auf Erkl\u00e4rung des Verfalls \n\nzur\u00fccknehmen \n\ndie Unter lassungs- und Schadens-\n\nersatz-n \ndie Verfalls- \ndie Verletzungs- \neine Verletzungs- gegen den \nAntragsteller einreichen \n\n4 \n4 \n\n4 \n\n4 \n\n4 \n4 \n4 \n\n4 \n\nzust\u00e4ndig sein f\u00fcr -n wegen Un \nzust\u00e4ndigkeit, Verletzung \nwesentlicher Formvorschriften218 \n\n-n wegen Verletzung einer \neurop\u00e4ischen Marke/einer \nnationalen Marke \n\n-n wegen Verletzung einer \n\neurop\u00e4ischen Marke einem sach \nlich zust\u00e4ndigen nationalen \nGericht zuweisen \n\ndas Verfahren b ei V e r l e t z u n g s -n \n\n4 \n\n4 \n4 \n\nKl\u00e4ger \n\nder - \nder Berufungs- \njede vom Berufungs- behauptete \n\nTatsache \n\nKoexistenz \n\ndie - von EWG- und nationalen \n\nMarken \n\ndie - von zwei \u00e4hnlichen oder \n\n\u00fcbereinstimmenden (gleichen) \nMarken \nKollektivmarke \n\n81 \n81 \n\n81 \n\n44 \n\n44 \n\ndie - \ndie Anwendung einer - \nerloschene -n benutzen \nder fr\u00fchere Inhaber der - oder \n\n161 \n161 \n161 \n\nsein Rechtsnachfolger \n\nKlagen hinsichtlich nationaler \n\n-n erheben \n\n161 \n\n162 \n\nf\u00fcr verfallen oder f\u00fcr nichtig \n\nerkl\u00e4rte -n benutzen \nKollektivmarke. europ\u00e4ische \n\ndie - \ndie Anmeldung der - \ndie Anmeldung der - zur\u00fcck \n\nweisen \n\nder - \n\ndie Zur\u00fcckweisung der Anmeldung \n\ndie Benutzung gel\u00f6schter -n \n\n161 \n\n162 \n162 \n\n162 \n\n162 \n162 \n\n162 \n\n162 \n\n162 \n\n162 \n162 \n162 \n162 \n\n162 \n\n162 \n162 \n\n162 \n162 \n162 \n\n162 \n\n162 \n162 \n\n59 \n\n59 \n\n59 \n\n48 \n\n17 \n\n157 \n157 \n157 \n157 \n\nKollektivmarke, europ\u00e4ische (Forts. ) \n\ndie - eintragen \ndie L\u00f6schung der Eintragung \n\nder - \n\ngegen die Eintragung der -\n\nWiderspruch erheben \n\nberechtigt sein, gegen die Ein \ntragung der - Widerspruch \nzu erheben \n\nder Inhaber der - \ndie - f\u00fcr nichtig erkl\u00e4ren \ndie Nichtigkeit einer - \ndie Nichtigkeit einer - geltend \n\nmachen \n\nzur Erhebung der Klage auf Er \n\nkl\u00e4rung des Verfalls oder der \nNichtigkeit einer - berechtigt \nsein \n\ndas Recht aus der - \ndas Recht aus der - geltend \n\nmachen \n\ndas Register f\u00fcr -n \nder Verfall der - \ndie Klage auf Erkl\u00e4rung des \n\nVerfalls der - \n\nKlage auf Erkl\u00e4rung des Ver \n\nfalls der - erheben \n\ndie - verf\u00e4llt \n\nkollidieren \n\nmiteinander -de Marken \n\nKonflikt \n\ndie L\u00f6sung von -en zwischen \nEWG-Marken und nationalen \nMarken \n\ndie L\u00f6sung von -en mit \u00e4lteren \n\nnationalen Marken \n\nKontrollausschu\u00df \n\nder - \n\nLadung \n\neine ordnungsgem\u00e4\u00dfe - \n\nLizenz \n\ndie Marken- \ndie Erteilung einer - \ndie Erteilung von -en \ndie wirksam erteilte - \nein Rechts\u00fcbergang oder die \n\nVerteilung einer - \n\nder -geber \nder -nehmer \ndie Modalit\u00e4ten der Markenbe \nnutzung durch den -nehmer \n\nder -vertrag \n\n157 \n157 \n157,158 \n\n158 \n64,157 \n\nlizenzvertraglich \n\ndie -en Bezeichnungen \n\n157 \n\nL\u00f6sung \n\ndie - von Konflikten mit \u00e4lteren \n\nnationalen Marken \n\nL\u00f6schung \n\ndie - ganz oder teilweise nicht \n\nbenutzter Marken \n\neine -s- oder Verletzungsklage \ngegen die j\u00fcngere EWG-Marke \nerheben \n\n224 \n\n211 \n\n173 \n\n- 8/de -\n\nPE 64. 907 \n\n\fM\u00e4ngel \n\ndie ger\u00fcgten - beseitigen \n\n149 \n\nMarke \n\neine Abbildung, Nachahmung \noder \u00dcbersetzung einer -\ndarstellen \n\ndie Koexistenz von zwei \u00e4hnli \nchen oder \u00fcbereinstimmenden \n(gleichen) -n \n\ndie \u00e4ltere - \ndie Existenz \u00e4lterer -n \nder Inhaber der \u00e4lteren - \nder Inhaber der \u00e4lteren - oder \n\n161 \n\n161 \n161 \n161 \n161 \n\ndes sonstigen \u00e4lteren Rechts 161 \ndie Lizenzen an der \u00e4lteren - 161 \nsich der Benutzung einer \u00e4lteren \n\n- oder eines sonstigen \n\u00e4lteren Rechts widersetzen \n\nRechte aus \u00e4lteren -n \neine andere \u00fcbereinstimmende \n\n161 \n161 \n\n\u00e4ltere - \n\n161 \n161 \ndie \u00e4ltere - \u00fcbertragen \ndie \u00dcbertragung der \u00e4lteren - 161 \ndie - wird als ausechlie\u00dfliches \nRecht eines Herstellers oder \nHandelsunternehmens anerkannt \nund gesch\u00fctzt \n\n161 \ndie auf den Waren angebrachte -161 \n161 \ndie angemeldete - \ndie - benutzen \n161 \ndie - oder die \u00fcbereinstimmen \n\nde Bezeichnung benutzen \n\n161 \ndie - funktionswidrig benutzen 161 \ndie Inhaber benutzter -n \n161 \ndie - unter der Kontrolle des \n\nMarkeninhabers benutzen \n\n161 \n\nnur eine benutzte oder zur Be \nnutzung vorgesehene - kann \ngesch\u00fctzt werden \n\n161 \n\ndie L\u00f6schung ganz oder teilweise \n\nnicht benutzter -n \n\ndie Benutzung der - \neine ernsthafte und wirksame \n\n161 \n161 \n\nKontrolle der Benutzung der -161 \n\nPersonen, die zur Benutzung \n\nder - berechtigt sind/befugt \nsind \n\n161 \n\neine satzungswidrige Benutzung \n\nder - \n\n161 \ndie unbefugte Benutzung der - 161 \nsich jeder Benutzung der - oder \n\neiner \u00fcbereinstimmenden \nBezeichnung widersetzen \nnebeneinander bestehende -n \ndie -, die einen europ\u00e4ischen \n\nCharakter hat \n\n161 \n161 \n\n161 \n\n(die Inhaber von) eingetragene(n) \n\nund notorisch bekannte(n) \n-n \n\ndie Eintragung der - \ndie - ist von der Eintragung \n\nausgeschlossen \n\ndie - gilt als erloschen \ndie Waren, die unter der \n\n161 \n161 \n\n161 \n161 \n\ngleichen oder einer \u00e4hnlichen \n- in Verkehr gebracht werden 161 \n\nda\u00df die Existenz einer gleich \nlautenden oder \u00e4hnlichen -\nnicht bekannt war \n\n161 \n\nMarke (Forts. ) \n\ndas Anbringen der gesch\u00fctzten \n\n- auf der Ware \n\neine identische oder \u00e4hnliche \n- f\u00fcr sich eintragen lassen \ndie Eintragung einer j\u00fcngeren \n\n161 \n\n161 \n\nidentischen oder verwechslungs \nf\u00e4higen - \n\ndie Nichtigerkl\u00e4rung der - \nder Rechts\u00fcbergang der - \nder Schutz der -n \nt\u00e4uschende -n von der Eintragung \n\nausschlie\u00dfen \n\neine \u00fcbereinstimmende - ernst \n\nhaft benutzen \n\nmehrere \u00fcbereinstimmende -n des \n\nselben Inhabers \n\ndie Unterscheidungs- und Werbe \n\nkraft der -n \n\npr\u00fcfen, ob die - gen\u00fcgend Unter \n\nscheidungskraft besitzt \n\ndie -, deren Verfall oder Nich \ntigkeit erkl\u00e4rt werden soll \nein Interesse an der Erkl\u00e4rung \n\ndes Verfalls der - haben \n\nWaren mit der - versehen \neine neue werbewirksame - \n\nMarke, europ\u00e4ische \n\n161 \n161 \n161 \n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n161 \n161 \n\n163 \n163 \n163 \n\ndie - \ndie \u00c4nderung der - \nder Anmelder einer - \ngegen die Anmeldung der -\nWiderspruch erheben \n\n163 \n16 3 \ndie Autonomie der - \n163 \nder Begriff der \u2014 \neine ernsthafte Benutzung der - 163 \nnicht markenm\u00e4\u00dfige Benutzung \\ \n\nder - durch Dritte \n\nsich der Benutzung der - wider \n\nsetzen \n\neine Beschreibung der - \neine Darstellung der - \ndie Dauer der - \ndie -n sind einheitlich und \n\n163 \n\n163 \n163 \n163 \n163 \n\nautonom \n\n163 \n163 \n163 \n\ndie Einheitlichkeit der - \ndie eingetragene - \ndie - ist im europ\u00e4ischen Marken \n\nregister eingetragen \n\ndie - wird in das europ\u00e4ische \nMarkenregister eingetragen \n\n163 \n\n16 3 \n\nWaren, f\u00fcr die die - eingetragen \n\nist \n\n163 \n163 \ndie - eintragen \ndie Eintragung der - \n163 \nder Antrag auf Eintragung der - 163 \ndie Eintragung einer - beantra \n\ngen \n\n163 \n\ndie Bekanntmachung der Eintragung \n\nder - \n\nder Ablauf der Dauer der Ein \n\ntragung der - \n\ndie Entscheidung \u00fcber die Ein \n\ntragung der - \n\ndie Umwandlung der Eintragung \neiner - in eine nationale \nMarkenanmeldung \n\n163 \n\n163 \n\n16 3 \n\n163 \n\n- 9/de -\n\nPE 64. 907 \n\n\fMarke, europ\u00e4ische \n\ndie Urkunde \u00fcber die Eintragung \n\nder - \n\n163 \n\n163 \n\ndas Verfahren zur Eintragung \n\neiner/der - \n\nEinsicht in den Teil der Akten \ngew\u00e4hren, der sich unmittel \nbar auf das Verfahren zur Ein \ntragung der - bezieht \n\n163 \ndie Eintragung der - verf\u00fcgen 163 \ndie Eintragung und die Ver\u00f6f \n\nfentlichung der Verl\u00e4ngerung \nder - \n\n163 \n\ndie Unanfechtbarkeit zum Zeit \n\npunkt der Eintragung der - 163 \n\ngegen die Eintragung der - Wi \n\nderspruch erheben \nder - entgegenstehen \ndas Erl\u00f6schen der - \ndie Gr\u00fcnde f\u00fcr das Erl\u00f6schen \n\nder - \n\ndie - erl\u00f6scht \nder Inhaber der/einer - \nder Inhaber der - oder dessen \n\nLizenznehmer \n\nKlagen, die -n betreffen \nf\u00fcr die Entscheidung \u00fcber Klagen, \ndie -n betreffen, in letzter \nInstanz zust\u00e4ndig sein \n\ndie Lizenz an der - \neine \u00e4ltere Marke oder ein \n\nsonstiges \u00e4lteres Recht, die \nder - entgegenstehen \n\ndie - f\u00fcr nichtig erkl\u00e4ren \ndie Entscheidung, durch die die \n- ganz oder teilweise f\u00fcr \nnichtig erkl\u00e4rt wird \ndie Nichtigkeit der - \ndie Nichtigkeit der - wegen ab \nsoluter Eintragungshindernis \nse \n\ndie Nichtigkeit der/einer \n\n- geltend machen \n\ndas Berufungsverfahren zur Er \n\nkl\u00e4rung der Nichtigkeit einer \n\n163 \n163 \n163 \n\n163 \n163 \n163 \n\n163 \n163 \n\n163 \n163 \n\n163 \n163 \n\n163 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\ndie Klage auf Erkl\u00e4rung der \n\nNichtigkeit einer - \n\neine Klage auf Erkl\u00e4rung der \nNichtigkeit der - erheben \ndie Nichtigkeit der - wegen \n\n\u00e4lterer Marken und sonstiger \n\u00e4lterer Rechte \n\n163 \n\ndie Nichtigkeit der - f\u00fcr einen \n\nTeil der Waren \n\n163 \n\ndie Nichtigkeit der - wegen Ver \nletzung von Pers\u00f6nlichkeits \nrechten \n\nRechte aus der - \ndie Entstehung des Rechts aus \n\n163 \n163 \n\nder - \n\nRechte aus der - \ndie Rechtsgesch\u00e4fte \u00fcber - \ndie Rechtsg\u00fcltigkeit der - \ndie Rechtsg\u00fcltigkeit der -\n\n163 \n163 \n163 \n163 \n\nbestreiten \n\n163 \n\nder \u00dcbergang des Rechts an der -163 \n\nMarke, europ\u00e4ische (Forts. ) \n\nder durch die - gew\u00e4hrte Schutz 163 \nder r\u00e4umliche Schutzbereich der -163 \n163 \ndie - \u00fcbertragen \ndie rechtsgesch\u00e4ftliche \u00dcber \n\ntragung der - \n\ndie - ist gegen\u00fcber. unan \n\nfechtbar geworden \n\ndie Unanfechtbarkeit der - \ndie - hat Unterscheidungskraft \n\nerlangt \n\nder Verfall der - \nder yerfall der - wegen Ent \n\nwicklung zu einer gebr\u00e4uchli \nchen Benennung \n\nden Verfall der - geltend \n\nmachen \n\n163 \n\n16 3 \n163 \n\n163 \n163 \n\n163 \n\n163 \n\nder Verfall/die Nichtigkeit \n\nder - wird in das europ\u00e4ische \nMarkenregister eingetragen und \nim Europ\u00e4ischen Markenblatt \nbekannt gemacht \n\nder Verfall der - wegen Nicht \n\nder Verfall der - wegen T\u00e4uschungs \n\nder Verfall der - f\u00fcr einen Teil \n\nbenutzung \n\ngefahr \n\nder Waren \n\ndie Einrede des Verfalls oder \nder Nichtigkeit der - ist \nzul\u00e4ssig \n\ndie Erkl\u00e4rung des Verfalls oder \n\nder Nichtigkeit der - \n\n163 \n\ndie Klage auf Erkl\u00e4rung des Ver \n\nfalls der - \n\ndie Klage auf Erkl\u00e4rung des Ver \n\nfalls oder der Nichtigkeit der \n\n163 \n\n16 3 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n\u00fcber eine Klage auf Erkl\u00e4rung \n\ndes Verfalls oder der Nichtigkeit \neiner - in erster Instanz \nentscheiden \n\n163 \n\ndie rechtskr\u00e4ftige Entscheidung \n\u00fcber die Klage auf Erkl\u00e4rung \ndes Verfalls oder der Nichtig \nkeit der - \n\neine Klage auf Erkl\u00e4rung des Ver \n\nfalls der - erheben \n\n163 \n\n163 \n\neine Klage auf Erkl\u00e4rung des \n\nVerfalls oder der Nichtigkeit \nder - erheben \n\n163 \n\nKlagen auf Erkl\u00e4rung des Verfalls \n\noder der Nichtigkeit der -\neinem sachlich zust\u00e4ndigen na \ntionalen Gericht zuweisen \n\ndas Verfahren zur Erkl\u00e4rung des \nVerfalls oder der Nichtigkeit \nder - \n\n163 \n\n163 \n\ndie Widerklage auf Erkl\u00e4rung des \nVerfalls oder der Nichtigkeit \nder - \n\n163 \n\nWiderklage auf Erkl\u00e4rung des Ver \nfalls oder der Nichtigkeit der \n- erheben \n\n163 \n\neine Widerklage auf Erkl\u00e4rung \n\ndes Verfalls oder der Nichtig \nkeit der - ist nur in erster \nInstanz zul\u00e4ssig \n\n163 \n\n- 10/de -\n\nPE 64. 907 \n\n\f163 \n163 \n\nMarke, europ\u00e4ische (Forts. ) \ndie Voraussetzungen des Verfalls \n\nder - \n\n163 \n\ndie Feststellung des Zeitpunkts \n\ndes Verfalls der - \n\ndie - verf\u00e4llt \nfeststellen, da\u00df die - zu einem \n\nbestimmten Zeitpunkt verfallen \nwar \n\n163 \n\neine - f\u00fcr verfallen oder f\u00fcr \n\nnichtig erkl\u00e4ren \n\n163 \n\ndie Entscheidung, durch die die \n- ganz oder teilweise f\u00fcr ver \nfallen erkl\u00e4rt wird \ndie Verl\u00e4ngerung der - \ndie Verl\u00e4ngerung der - bean \n\n163 \n16 3 \n\ntragen \n\n163 \ndie Verletzung einer - \n163 \nKlagen wegen Verletzung einer -163 \nKlagen wegen Verle tzung einer \n\n- einem sachlich zust\u00e4ndigen \nnationalen Gericht zuweisen 163 \n\ndie Entscheidung \u00fcber die Klage \n\nwegen Verletzung der - \n\ndas Verfahren wegen Verletzung \n\neiner - \n\ndas Verfahren wegen Verletzung \n\nder - aussetzen \n\nder Verzicht auf die - \nden Verzicht auf die - schrift \n\nlich erkl\u00e4ren \n\ndie Klassifikation von Waren \n\nf\u00fcr -n \n\nWirkungen der - \neine Zustellung, die sich auf \n\ndie - bezieht \n\nMarke, nationale \n\ndie -n \ndie - als europ\u00e4ische Marke \n\nanmelden \n\ndie Anmeldung bestehender \n\n-n als europ\u00e4ische Marken \ndie - in dem Vertragsstaat, \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n16 3 \n\n163 \n\n161 \n\n161 \n\n161 \n\nin dem. aufrechterhalten 161 \n161 \n\ndie Eintragung einer - \ndas Verfahren zur Eintragung \n\neiner - \n\n161 \n\ndie Entstehung der -n und die \n\nrechtsbegr\u00fcndenden Tatsachen 161 \n161 \n\ngegen eine - gerichtet \nder Inhaber einer - oder sein \n\nRechtsnachfolger \n\ndie Inhaber \u00fcbereinstimmender \n\n-n \n\nKlagen, die -n betreffen \ndie neuen -n \ndie Rechtsg\u00fcltigkeit einer - \ndie Klage auf Erkl\u00e4rung des \n\n161 \n\n161 \n163 \n161 \n163 \n\nVerfalls oder der Nichtigkeit \neiner - \n\n163 \n163 \ndie Verletzung einer - \nKlagen wegen Verletzung einer -163 \ndie -n im europ\u00e4ischen Marken \n\nregister vermerken \ndie vorbestehenden -n \n\n161 \n161 \n\nMarkenamt \n\ndas E W G\u2014 \ndas nationale -\n\nMarkenamt, Europ\u00e4isches (EM) \n\n175 \n177 \n\n176 \n\ndas Amtsblatt \ndie Angelegenheit \ndie Ausgaben \ndie Einnahmen \ndie au\u00dfervertragliche Haftung \ndie vertragliche Haftung \nder Haushaltsplan \ndie Leitung \ndie Organe \nder Pr\u00e4sident \ndie Rechtsnatur \ndie Rechtsstellung \nder Sitz \ndie T\u00e4tigkeit \ndie Verfahren vor. die Ver\u00f6ffentlichungen \nder Verwaltungsrat \nder Vizepr\u00e4sident \n\neinen Antrag beim - einreichen 176 \nBerufung beim - erheben \n176 \neine Berufung schriftlich beim \n\n- einlegen \n\nder Tag der Er\u00f6ffnung des -s \nder Zeitpunkt der Er\u00f6ffnung \n\n176 \n176 \n\ndes -s \n\n176 \ndas erste Haushaltsjahr des -es 176 \nnat\u00fcrliche Personen, die in eine \nbeim - gef\u00fchrte Liste einge \ntragen sind \n\n176 \n\ndas Statut der Beamten und die \n\nf\u00fcr die sonstigen Bediensteten \ndes -s geltenden Besch\u00e4ftigungs \nbedingungen \n\n176 \nsich vor dem - vertreten lassen 176 \n176 \ndie Vertreter vor dem - \ndie Vertretung vor dem - \n176 \ndie Vertretung nat\u00fcrlicher und \n\njuristischer Personen vor dem-176 \n\ndie Vertretung vor dem - wahr \n\nnehmen k\u00f6nnen \n\nMarkenanmeldung \n\ndie europ\u00e4ische - \ndie Akten der europ\u00e4ischen - \ndie Akten europ\u00e4ischer -en \nEinsicht in die Akten der \neurop\u00e4ischen - gew\u00e4hren \n\n163 \n\u00e4ltere europ\u00e4ische -en \n163 \ndie \u00c4nderung der europ\u00e4ischen - 163 \ndie Annahme europ\u00e4ischer -en \n163 \n163 \nBearbeitung europ\u00e4ischer -en \ndie europ\u00e4ische - bekanntmachen 163 \ndie Bekanntmachung der europ\u00e4i \n\nschen - \n\n163 \n163 \n\neurop\u00e4ische -en einreichen \ndie Einreichung der europ\u00e4ischen \n\n163 \n\ndas Recht zur Einreichung \n\neurop\u00e4ischer -en \n\n163 \neurop\u00e4ische -en entgegennehmen 163 \ndie M\u00e4ngel der europ\u00e4ischen - \n163 \ndie Pr\u00fcfung der europ\u00e4ischen - 163 \ndie Pr\u00fcfungsbescheide der \n\neurop\u00e4ischen - \n\n163 \n\n176 \n\n163 \n163 \n163 \n\n- 11/de -\n\nPE 64. 907 \n\n\fMarkenanmeldung (Forts. ) \n\ndie \u00dcbermittlung der europ\u00e4i \n\nschen -en \n\ndas Verzeichnis der Waren der \n\neurop\u00e4ischen - \n\nWiderspruch gegen die europ\u00e4i \n\nsche - \n\n163 \n\n163 \n\n163 \n\ndie Zur\u00fccknahme der europ\u00e4ischen \n\n163 \ndie europ\u00e4ische - zur\u00fccknehmen 163 \neine - zur\u00fcckweisen \n161 \ndie europ\u00e4ische - zur\u00fcckweisen 163 \ndie Zur\u00fcckweisung der europ\u00e4i \n\nschen - \n\n161,163 \n\ndie Beschl\u00fcsse, durch die eine \n\n- zur\u00fcckgewiesen wird \n\n161 \n\nMarkenartikel \n\nder - \nder Grundsatz des freien \n\nVerkehrs von -n \nMarkenblatt, Europ\u00e4isches \n\n16,203 \n\n203 \n\ndas - \nim - bekanntmachen \nim - ver\u00f6ffentlichen \ndie im - zu ver\u00f6ffentlichenden \n\nAngaben \n\ndie Eintragung wird im - ver \n\n\u00f6ffentlicht \n\nMarkenform \ndie -en \n\nMarkengericht, Europ\u00e4isches \n\ndas - \ndie Anrufung des -s \ndas - entscheidet im Wege der \n\nVorabentscheidung \n\neine Frage dem - zur Entscheidung \n\nvorlegen \n\nRechtsbeschwerde zum - \ngegen die Entscheidung der. kann Rechtsbeschwerde zum \n- erhoben werden \n\ndie Vorabentscheidung durch \n\n31 \n31 \n31 \n\n31 \n\n31 \n\n161 \n\n70 \n70 \n\n70 \n\n70 \n70 \n\n70 \n\n70 \n\ndas - \nMarkenhandel \n\nohne eigene Benutzungsabsicht \n\nsystematisch Marken zu Zwecken \ndes -s anmelden \n\n146 \n\nMarkeninhaber \n\nder - \nder - oder sein Lizenznehmer \noder sein Rechtsnachfolger \n\n161 \ngemeinsam mit dem - auftreten 161 \nsich einer Klage des -s an \n\n161,262 \n\nschlie\u00dfen \n\nten \n\nder Vertreter des -s \nder Wille des -8 \n\n161 \n\n161 \n163 \n161 \n\nMarkenpiraterie \n\ndie M\u00f6glichkeiten des Mi\u00dfbrauchs \n\nin Form der - \n\n\u00b7 \n\n193 \n\nMarkenrecht \n\ndes -s \n\ndie territoriale Begrenzung \n\ndie Ersch\u00f6pfung des -s \ndas europ\u00e4ische - \nVerbesserungen, die geeignet \n\nsind, das europ\u00e4ische - zu ver \nvollkommnen \n\ndas - der Gemeinschaft \nim gesamten Gebiet der Gemein \n\nschaft geltendes - \n\ndie Angleichung des innerstaat \n\nlichen -s \n\ndas materielle - \ndas nationale - \ndie Verschiedenheiten der natio \n\nnalen -sordnungen \ndie Regelung des -s \nein europ\u00e4isches -ssystem \nder Verlust des -s kann nach \n\nerfolgter Eintragung eintretenlOO \n\ndie Vertretung auf dem Gebiet \n\ndes -s aus\u00fcben \n\ndie berufsm\u00e4\u00dfige Vertretung auf \n\ndem Gebiet des -s aus\u00fcben \n\n161 \n\nMarkenregister, europ\u00e4isches \n\ndas - \nein Auszug aus dem - \u00fcber die \nEintragung der europ\u00e4ischen \nMarke \n\n223 \n\n22 3 \n\njedermann kann in das - Einsicht \n\nein im - Eingetragener \ndie Eintragung in das - \ndie Eintragung des Hinweises \n\nnehmen \n\nim - \n\neine Lizenz im - eintragen \ndie europ\u00e4ische Marke ist im \n\n- eingetragen \n\ndie europ\u00e4ische Marke wird in \n\ndas - eingetragen \n\nein besonderer Teil in dem - \nim - vermerken \ndie nationalen Marken im - ver \n\nmerken \n\ndie Eintragung des Verzichts \n\nim - \nMarkensatzung \n\ndie - \ndie \u00c4nderung der - \ndie Einsicht in die - \nin die - Einsicht gew\u00e4hren \n\ndie am - interessierten Unter \n\nnehmen \n\ndas -system der Gemeinschaft \n\n100 \n100 \n100 \n\n100 \n100 \n\n100 \n\n100 \nlOO \n153 \n\n153 \n225 \n255 \n\n161 \n\n22 3 \n223 \n223 \n\n223 \n22 3 \n\n223 \n\n22 3 \n22 3 \n22 3 \n\n22 3 \n\n22 3 \n\n224 \n224 \n224 \n224 \n\n206 \n255 \n\n255 \n\neiner Klage gegen den - beitre \n\nMarkenschutz \n\nMarkenlizenz \n\ndie -\n\n157 \n\nMarkensystem \n\ndas europ\u00e4ische - \n\n- 12/de -\n\nPE 64. 907 \n\n\f89 \n\nNichtVerl\u00e4ngerung \n\nMarkenverwaltung \n\ndie -sabteilung \n\nMarkenzeichen \n\n97 \n\ndie Eintragung t\u00e4uschender - \n\n161 \n\nMassenfertigung \n\ndie industrielle - \n\nMi\u00dfbrauch \n\nder Ermessens- \ndie M\u00f6glichkeiten des -s in \nForm der Markenpiraterie \n\nmitteilen \n\ndie Entscheidung - \n\nMitteilung \n\ndie - der Handlung \n\nMittel \n\n121 \n\n1 \n\n172 \n172 \n\n171 \n\ndie einstweilen nicht ben\u00f6tigten \n\n92 \n\n(die) einstweilen nicht ben\u00f6tig \nten - werden bei den Schatz \n\u00e4mtern der Vertragsstaaten \nhinterlegt \n- \u00fcbertragen \ndie vorgesehenen - werden nach \n\n251 \n72 \n\nKapiteln gegliedert \n\ndie vorgesehenen - d\u00fcrfen \n\n\u00fcbertragen werden \n\nim Rahmen der zugewiesenen -\n\n72 \n\n72 \n72 \n\nMittelsmann \n\ndurch einen -\n\nNichtbenutzung \n\nbei - \nim Wege der Widerklage die Er \n\n169 \n\nkl\u00e4rung des Verfalls oder die \nL\u00f6schung der Marke wegen -\nbeantragen \n\n271 \n\nNichtigerkl\u00e4rung \n\ndie - der Marke \n\nNichtigkeit \n\n148 \n\ndie - wegen des Bestehen \u00e4lterer \nMarken und sonstiger \u00e4lterer \nRechte \n\n173 \n\ndie - der EWG-Marke wegen \n\nabsoluter Eintragungshinder \nnisse \n\nder Verfall oder die - der \n\nEWG-Marke \n\n173 \n\n173 \n\nKlage auf Erkl\u00e4rung des Verfalls \noder der - der europ\u00e4ischen \nMarke \n\n173 \n\ndie Wirkung der - (der \neurop\u00e4ischen Marke) \n\ndie -sinstanzen \ndie -skammer \ndie -skammer kann entsprechend \n\ndem Antrag entscheiden \n\ndie -skammer entscheidet selbst \ndie Entscheidung der -skammer \ndie Entscheidung der -skammer, \ndurch die \u00fcber eine Berufung \nentschieden wird \n\n163 \n10 \n10 \n\n10 \n10 \n10 \n\n10 \n\nNichtigkeit (Forts. ) \n\ndie Entscheidung der -skammer \nist mit Gr\u00fcnden zu versehen \n\n10 \ndie Gesch\u00e4ftsstelle der -skammer 10 \ndie -sklage (einer europ. Marke) 4 \n4 \neine -sklage erheben \n173 \ndas -sverfahren \n4 \ndie -swiderklage \n\ndas Erl\u00f6schen der Marke bei \n\n- der Marke \n\nNotenbank \ndie - \nOrdnung \n\n76 \n\n27 \n\nden tragenden Grunds\u00e4tzen der \n\n\u00f6ffentlichen - zuwiderlaufen 184 \n\ndie Marke, die einen sitten \n\nwidrigen oder gegen die \u00f6ffent \nliche - versto\u00dfenden Inhalt \nhat \n\n184 \n\nPariwert \n\nder am Tag der Hinterlegung \n\ngeltende -\n\nPartei \n\nein Rechtsstreit zwischen den \n-en des Feststellungsverfah \nrens \n\ndie Vertrags-en \n\n188 \n\n190 \n190 \n\ndie Kontrolle \u00fcber die Verant \n\nwortung der anweisungsbefugten \n-en und der Rechnungsf\u00fchrer \n\n183 \n\nnat\u00fcrliche -en, die in eine \n\nbeim Europ\u00e4ischen Markenamt \ngef\u00fchrte Liste eingetragen \nsind \n\neine nat\u00fcrliche oder juristi \n\nsche -\n\neine -, die mit. wirtschaft \n\nlich verbunden ist \n\nPhantasiebeZeichnung \n\ndie -\n\nPiraterie \n\n192 \n\n192 \n\n192 \n\n82 \n\ndie M\u00f6glichkeiten des Mi\u00dfbrauchs \n\nin Form der Marken- \n\n193 \n\nPriorit\u00e4t \n\ndie - einer fr\u00fcheren Hinter \n200 \nlegung in Anspruch nehmen \n200 \nder -sanspruch ist verwirkt \n200 \ndie -serkl\u00e4rung \n200 \neine -serkl\u00e4rung abgeben \n200 \ndie -sfrist \n200 \nder -sgrundsatz \n200 \ndie Inanspruchnahme der - \n200 \nein -srecht genie\u00dfen \nein -srecht gew\u00e4hren \n200 \ndie Inanspruchnahme des -srechts200 \n\nPrivatrecht \n\ndie Regeln des internationalen \n\n-s \n\n100 \n\n13/de \n\nPE 64. 907 \n\n192 \n\nPerson \n\n\fMarkenanmeldung) \n\n171 \n\n-sordnungen \n\nProze\u00df \n\nder Verletzungs-\n\nPr\u00fcfer \nder -\nder rechtskundige -\n\nPr\u00fcfung \n\ndie - von Amts wegen auf \n\n\u00e4ltere Rechte \ndie -sabteilung \ndie -sabteilung weist die \n\n113 \n113 \n\n112 \n97 \n\neurop\u00e4ische Markenanmeldung \nzur\u00fcck \n\ndas Verfahren geht auf die \n\n-sabteilung \u00fcber \n\nder \u00dcbergang des Verfahrens auf \n\ndie -sabteilung \n\ndie -sabteilung weist den \n\nWiderspruch zur\u00fcck \n\nder -sbescheid \ndie -sbescheide (der europ\u00e4ischen \n\n97 \n\n97 \n\n97 \n\n97 \n112 \n\ndie -sstelle \ndie -sstelle entscheidet \u00fcber \nden Antrag ohne Anh\u00f6rung \n\n242 \n\nRecherche \n\neine - nach \u00e4lteren Rechten \n\nvornehmen \n\n216 \n\neiner pr\u00e4judiziellen Wirkung \n\ndes -nergebnisses vorbeugen 196 \n\nRechnung \n\ndie -en und die \u00dcbersicht \u00fcber \n\ndas Verm\u00f6gen vorlegen \n\ndie Best\u00e4tigung der - \ndie -seinheit \ndie Kontrolle \u00fcber die Verant \n\n54 \n54 \n270 \n\nwortung der anweisungsbefugten \nPersonen und der -sf\u00fchrer \n\ndie -siegung \nder -epr\u00fcfer \ndie -spr\u00fc-fung \n\nRecht \n\n53 \n54 \n47 \n54 \n\n\u00e4ltere -e \nein sonstiges \u00e4lteres - \nsonstige \u00e4ltere -e \ndie Beschr\u00e4nkung \u00e4lterer -e \ndie Pr\u00fcfung von Amts wegen \n\nauf \u00e4ltere -e \n\neine Recherche nach \u00e4lteren \n\n-en vornehmen \ndas anwendbare - \nein ausschlie\u00dfliches - \nals ausschlie\u00dfliches - eines \n\nlOO \n100 \nlOO \nlOO \n\nlOO \n\n12 \n100 \nlOO \n\nHerstellers oder Handelsunter \nnehmens anerkannt und ge \nsch\u00fctzt \n\nlOO \nein ausschlie\u00dfliches - gew\u00e4hrenlOO \ndas - gew\u00e4hren, sich zu wider \n\nsetzen \n\n-e aus \u00e4lteren Marken \n-e an Marken oder sonstigen \n\nBezeichnungen \n\nein - der Marken schaffen \n\n100 \n100 \n\n100 \n100 \n\nRecht (Forts. ) \n\ndie zweckentsprechende \n\nWahrung der -e \n\ndie -e aus der EWG-Marke \n-sbeschwerde zum Europ\u00e4ischen \n\nMarkengericht \n\ngegen die Entscheidung der. kann -sbeschwerde zum Europ\u00e4i \nschen Markengericht erhoben \nwerden \n\ndie -sbeschwerde hat aufschie \n\nbende Wirkung \n\n100 \n100 \n\n194 \n\n194 \n\n194 \n\ndie -sbeschwerde ist zul\u00e4ssig \n\nwegen. /steht denjenigen zu 194 \n\n- s- und Gesch\u00e4ftsf\u00e4higkeit be \n\nsitzen \n\nein einseitiges -sgesch\u00e4ft \ndas -shilfeersuchen \nder Verlust eines -smittels \nder -snachfolger \nMarken aus verschiedenen \n\n34 \n3 \n48 \n218 \n26 \n\n255 \n\ndas Verh\u00e4ltnis zwischen mehreren \n\nnationalen -sordnungen \n-spers\u00f6nlichkeit besitzen \ndie -ssicherheit \ndem Bed\u00fcrfnis nach gr\u00f6\u00dftm\u00f6gli \n\n184 \n191 \n243 \n\ncher -ssicherheit entsprechen 243 \n\ndie Arbeiten zur Angleichung \noder Vereinheitlichung des \ngewerblichen -sschutzes \n\n100,204 \n\ndie f\u00fcr den gewerblichen -sschutz \n\nzust\u00e4ndigen Zentralbeh\u00f6rden \n\nder Marken-sstreit \nein -sstreit zwischen den Par \nteien des Feststellungsver \nfahrens \n\nrechtskundig \n\ndas -e Mitglied \n\nReqionalmarke \n\ndie -\n\nRegister \n\ndas - f\u00fcr europ\u00e4ische Kollektiv \n\nmarken \n\nRegistrier ung \n\ndie Voraussetzungen f\u00fcr die \n\n- von Marken \n\nReservefonds \n\ndie Einrichtung und Aufrecht \n\nerhaltung eines - \n\n204 \n59 \n\n159 \n\n151 \n\n161 \n\n22 3 \n\n105 \n\n126 \n\nRevision \n\n2 38 \ndie - des Abkommens \ndie -skonferenz \n2 38 \nan den -skonferenzen teilnehmen 238 \n\nSatzung \n\nein Hinweis auf die -s\u00e4nderung 224 \n161,224 \ndie -s\u00e4nderung der Marke \n\nsatzungswidriq \n\neine -e Benutzung \n\nSchadenersatz \n\n224 \n\ndie Unterlassungs- und -klagen \n\n99 \n\n- 14/de -\n\nPE 64. 907 \n\n\fSchaffung \n\nStaatsanwaltschaft \n\ndie \u00ad einer EWG\u00adMarke \n\n71 \n\ndie \u00ad\n\nSchatzamt \n\ndie einstweilen nicht ben\u00f6tigten \nMittel werden bei den Schatz\u00ad\n\u00e4mtern der Vertragstaaten \nhinterlegt 266 \n\nSchiedsstelle \n\ndie \u00ad des EWG\u00adMarkenamts \ndie Einrichtung einer \u00ad\n\nSchiedsverfahren \n\ndie Einf\u00fchrung eines \u00ads \n\nSchreibfehler \n\n56 \n56 \n\n56 \n\ndie Berichtigung von \u00adn und \n\nsprachlichen Fehlern \n\n109 \n\nSchrift \n\ndie Berufungs\u00ad\n\nSchutz \n\nder Formal\u00ad von Dienstleistung: \n\nmarken \n\nder \u00ad nichteingetragener Kenn\u00ad\n\nzeichen \n\nder rechtliche \u00ad\nden rechtlichen \u00ad genie\u00dfen \nder \u00ad des Verbrauchers vor \n\nVerwechslung, Irref\u00fchrung \nund T\u00e4uschung \n\neinen wirksamen \u00ad erwerben \ndie \u00adf\u00e4higkeit der angemeldete] \n\nMarke beurteilen \n\neinheitliche und autonome \n\n\u00adrechte schaffen \n\ndie gewerblichen \u00adrechte \ndie nationalen \u00adrechte \ndas Marken\u00adsystem der Gemein\u00ad\n\nschaft \n\nder \u00adumfang der Marken \n\nsch\u00fctzen \n\ndie Marke auf Gemeinschafts\u00ad\n\nebene \u00ad\n\nSelbst\u00e4ndigkeit \n\nmit verwaltungsm\u00e4\u00dfiger und fi\u00ad\n\nnanzieller \u00ad\n\nSicherheit \n\ndie H\u00f6he der \u00ad 35 \ndie \u00ad leisten 35 \nwegen der Kosten des Verfahrens \n\n\u00ad leisten 35 \n\nSitte \n\n205 \n\n205 \n205 \n205 \n\n205 \n205 \n\u03b9 \n205 \n\n261 \n100 \n261 \n\n205 \n205 \n\n206 \n\n23 \n\nStand \n\nwieder in den vorigen \u00ad ein\u00ad\n\nsetzen \n\nStatut \n\ndas \u00ad der Beamten erlassen \n\nStelle \n\ndie \u00ad, deren Entscheidung an\u00ad\n\ngefochten wird \n\nStellungnahme \n\neine \u00ad einreichen \n\nStempel \nder \u00ad\n\nStreitigkeit \n\n3 \n\n\u00aden zwischen Vertragsstaaten \n\nStreitsache \n\nf\u00fcr alle \u00adn zwischen. zust\u00e4n\u00ad\n\ndig sein \n\n159' \n\nTag \n\nder \u00ad der Anmeldung beim \n\nEWG\u00adMarkenamt gilt f\u00fcr. T\u00e4tigkeitsbericht \n\nder \u00ad\n\nt\u00e4uschen \n\ndie \u00d6ffentlichkeit \u00fcber das \n\nWesen oder die Herkunft der \nWaren \u00ad\n\nder Verbraucher k\u00f6nnte irrege\u00ad\nf\u00fchrt und get\u00e4uscht werden \n\nT\u00e4uschung \n\nVerwechslung, Irref\u00fchrung und \u00ad\nder Schutz des Verbrauchers \n\nvor Verwechslung, Irref\u00fchrung \nund \u00ad\n\nder Verfall der Marke wegen \n\n(nachtr\u00e4glich) eingetretener \n\u00adsgefahr \n\nTeilnahme \ndie \u00ad\n\nTerritorialit\u00e4t \n\nder Grundsatz der \u00ad\n\nTitel \n\ndie Echtheit des \u00ads \nvollstreckbarer \u00ad sein \n\nTochtergesellschaft \n\n164 \n\n100 \n\n254 \n\n142 \n\n174 \n\n33 \n\n90 \n\n150 \n\n213 \n\n268 \n\n268 \n\n269 \n\n269 \n\n269 \n\n52 \n\n259 \n\n261 \n261 \n\n123 \n\nden guten \u00adn zuwiderlaufen 165 \n\ndie \u00ad\n\nsittenwidrig \n\ndie Marke, die einen \u00aden oder \n\ngegen die \u00f6ffentliche Ordnung \nversto\u00dfenden Inhalt hat 165 \n\nSitz \n\nseinen \u00ad haben \n\nSprache \n\ndie \u00ad der \u00dcbersetzung \n\n246 \n\n152 \n\n\u00dcbereinkommen \n\nVorentwurf eines \u00ads \u00fcber ein \nEurop\u00e4isches Markenrecht \n\n67 \n\n\u00dcbereinstimmung \n\ndie \u00ad der europ\u00e4ischen Marke \n\nmit der \u00e4lteren Marke \n\n2 34 \n\n\u00ad 15/de \n\nPE 64. 907 \n\n\f\u00fcberlassen \n\neine Marke wird durch Vertrag einem \n55 \n\nanderen zum Gebrauch - \n\n\u00dcbersicht \n\neine - \u00fcber das Verm\u00f6gen und \n\ndie Schulden mitteilen \n\ndie Rechnungen und die - \u00fcber \n\ndas Verm\u00f6gen vorlegen \n\n29 \n\n29 \n\n\u00dcbertragbarkeit \n\nder Grundsatz der freien - der \n\nveranschlagen \n\nveranschlagt werden \n\nVerantwortung \n\nin eigener - \n\nVerbandsmarke \n\ndie -n \n\n199 \n\n233 \n\n161 \n\nVerbands\u00fcbereinkunft \n\ndie Pariser - zum Schutz des \n\ngewerblichen Eigentums \n\n67 \n\n38 \n\nverb\u00fcrgen \n\n36 \n\n38 \n\ndie Marke allein w\u00fcrde nicht \n\nmehr die Herkunft der Ware - 129 \n\nVereinbarung \n\n-en \u00fcber den Austausch von Ver \n\n\u00f6ffentlichungen treffen \n\n2 \n\nMarke \n\n\u00fcbertragen \n\ndie Marke kann - werden \n\n\u00dcbertragung \n\nder -svertrag \n\nUmwandlung \n\ndie - \u00e4lterer nationaler Marken \n\nin EWG-Anmeldungen \n\nUnabh\u00e4ngigkeit \n\ndie pers\u00f6nliche -\nvolle Gew\u00e4hr f\u00fcr - bieten \n\nUnanfechtbarkeit \n\ndie - der EWG-Marke \nder Grundsatz der -\n\nunber\u00fchrt \n\n- lassen \n\nUnrichtigkeit \n\ndie Berichtigung von offen \n\nsichtlichen -en \n\nUnterlassung \n\ndie - s- und Schadensersatzkla \n\ngen \n\nUnternehmen \n\ndas -, das Dienstleistungen \n\nerbringt \n\nein verbundenes - \n\nunterscheiden \n\n265 \n\n135 \n138 \n\n137 \n137 \n\n20 \n\n122 \n\n37 \n\n108 \n108 \n\ndie Zeichen, die geeignet sind, \n\ndie Waren oder Dienstleistungen \ndes Anmelders von denen an \nderer zu - \n\n94 \n\nUnterscheidung \n\nder Begriff der Marke als -szei-\n\nchen \n\nUnwirksamkeit \n\n132 \n\ndie - der EWG-Marke feststellenl70 \ndie - im Wege der Einwendung \n\ngeltend machen \n\n274 \n\nUnzust\u00e4ndigkeit \n\nzust\u00e4ndig sein f\u00fcr Klagen wegen \n-, Verletzung wesentlicher \nFormvorschriften \n\n136 \n\nUrheberrecht \n\ndas -\n\n100 \n\nVereinigung \n\nInternationale - f\u00fcr gewerb \n\nlichen Rechtsschutz (AIPPI) \n\n19 \n\nVerfahren \n\ndas Anmelde- vereinfachen \ndas Berufungs-\ndas Beschwerde-\ndas - zur Eintragung \ndie nationalen Eintragungs- und \n\nWiderspruchs- \n\ndas -, das zu der Entscheidung \n\ngef\u00fchrt hat \n\n202 \n202 \n202 \n202 \n\n202 \n\n202 \n\nein Rechtsstreit zwischen den Par \n\nteien des Feststellungs-s \n\n202 \ndie Einleitung des nationalen -s202 \ndas Nichtigkeits- \n4 \ndie Einf\u00fchrung eines Schieds-s 202 \n202 \nan dem - teilnehmen \ndas Verletzungs- \n4,202 \ndas - wegen Verletzung einer \n\neurop\u00e4ischen Marke \n\ndas - wegen Verletzung der \n\n202 \n\neurop\u00e4ischen Marke aussetzen 202 \n\ndas - wegen Verletzung einer \n\nEWG-Marke \n\ndas - bei Verletzungsklagen \ndas Widerspruchs- \ndie am - Beteiligten \ndie -ssprache \nnach dem Stand des -s \ndie -svorschriften \nVerletzung wesentlicher Form \n\noder -svorschriften \n\n202 \n202 \n202 \n202 \n152 \n202 \n202 \n\n202 \n\nVerfall \n\nder - der EWG-Marke \nder - oder die Nichtigkeit \n\nder EWG-Marke \n\nder - der EWG-Marke wegen Ent \nwicklung zu einer gebr\u00e4uch \nlichen Benennung \n\nder - wegen (nachtr\u00e4glich) einge \n\ntretener T\u00e4uschungsgefahr \n\ndie -sklage \ndie Klage auf Erkl\u00e4rung des \n\n-s einer e. M. 74 \n\n74 \n\n74 \n\n74 \n74 \n\n74 \n\n- 16/de -\n\nPE 64. 907 \n\n\fVerfall (Forts. ) \n\ndie Klage auf Erkl\u00e4rung des -s \nder europ\u00e4ischen Kollektiv \nmarke erheben \n\ndie Klage auf Erkl\u00e4rung des -s \n\nzur\u00fccknehmen \n\ndie Wirkung des -s \n\nVerf\u00fcgung \n\n-sbeschr\u00e4nkungen \n\nVerkehr \n\nder Grundsatz des freien \n-s von Markenartikeln \n\n74 \n\n74 \n163 \n\n100 \n\n42 \n\ndie Herstellung des freien -s \nvon Markenwaren und (von) \nDienstleistungen unter MarkenlOl \n45 \n\nin - bringen \n\nVerl\u00e4ngerung \n\nder -santrag \ndie Zahlung von -sgeb\u00fchren \n\n228 \n228 \n\nVerletzung \n\ndie - einer europ\u00e4ischen Marke 65 \n65 \n-shandlungen \ndie -sklage \n65 \neine -sklage gegen den Antrag \n\nsteller einreichen \n\ndie Entscheidung \u00fcber die \n\n-sklage \n\n65 \n\n4 \n\nKlagen wegen - einer europ\u00e4ischen \n\nMarke/einer nationalen Marke 65 \n\nKlagen wegen - einer europ\u00e4ischen \n\nMarke einem sachlich zust\u00e4n \ndigen nationalen Gericht \nzuweisen \n\neine L\u00f6schungs- oder \n\n-sklage gegen die j\u00fcngere \nEWG-Marke erheben \n\n65 \n\n65 \n\nzust\u00e4ndig sein f\u00fcr Klagen wegen \nUnzust\u00e4ndigkeit und - wesent \nlicher Formvorschriften \ndas Verfahren wegen - einer \n\n275 \n\nEWG-Marke \n\ndas Verfahren bei -sklagen \nder -sproze\u00df \ndas -sverfahren \n\nVermarktung \n\ndie - der Artikel des t\u00e4glichen \n\nGe- und Verbrauchs \n\n65 \n65 \n65 \n65 \n\n46 \n\nVerm\u00f6gen \n\nbewegliches und unbewegliches \n- erwerben und ver\u00e4u\u00dfern \n\ndie Europ\u00e4ische Marke als Gegen \n\n28 \n\nstand des -s \n\nVernehmung \n\nd ie - von Zeugen \n\nV e r \u00f6 f f e n t l i c h u ng \n\nd er A u s t a u s ch von - en \n\nVerschiedenheit \n\ndie -en der nationalen Marken \n\nrechtsordnungen \n\n204 \n\n198 \n\n208 \n\nil \n\nVerschulden \n\ndas Erfordernis eines -s \n\n146 \n\nVertrag \n\nder internationale - \n2 \nzwei- oder mehrseitige Vertr\u00e4ge 264 \n3 \nder \u00dcbertragungs- \n190 \ndie -sparteien \n\nVertreter \nder - \ndie berufsm\u00e4\u00dfigen - \nder eingetragene -, dessen Ver \ntretungsmacht erloschen ist \n\nder notwendige - \neinen - bestellen \n\nVertretung \n\ndie - mehreren Bevollm\u00e4chtigten \n\n\u00fcbertragen \n\n2 30 \n231 \n\n230 \n2 31 \n230 \n\n2 31 \n\ndie - vor dem Europ\u00e4ischen Marken \n\namt \n\n2 31 \n\ndie - vor dem Europ\u00e4ischen \n\nMarkenamt wahrnehmen k\u00f6nnen \ndie - auf dem Gebiet des Marken \n\n2 31 \n\nrechts aus\u00fcben \n\n231 \n\ndie - nat\u00fcrlicher und juristischer \nPersonen vor dem Europ\u00e4ischen \nMarkenamt \n\n2 31 \n\ndie berufsm\u00e4\u00dfige - auf dem Ge \n\nbiet des Markenrechts aus\u00fcben 231 \n231 \n\ndie -sbefugnis \n\nVertriebsform \n\ndie modernen -en \n\nVerwechslung \n\n-, Irref\u00fchrung und T\u00e4uschung \nder Schutz des Verbrauchers vor \n-, Irref\u00fchrung und T\u00e4uschung \n\nder Begriff der \"-sf\u00e4higkeit\" \ndie Gefahr der - \ndie -sgefahr ausschlie\u00dfen \n(sofern) die Gefahr einer -\n\nim gesch\u00e4ftlichen Verkehr \n(besteht) \n\nVerwirkung \n\nin F\u00e4llen der - \n\nVerzeichnis \n\ndas - der Waren oder Dienst \n\nleistungen \n\nVerzicht \n\n96 \n\n60 \n\n60 \n60 \n60 \n60 \n\n60 \n\n197 \n\n155 \n\ndas Erl\u00f6schen der Marke bei \n\n- seitens des Markeninhabers 227 \n\nVollmacht \n\neine schriftliche - einreichen 195 \n\nVo 11streckungskiausel \n\ndie - erteilen \n\nVorabentscheidung \n\ndie - durch das Europ\u00e4ische \n\nMarkengericht \n\nim Wege der - entscheiden \n\n128 \n\n75 \n261 \n\nVoraussetzung \n\nunterschiedliche rechtliche -en 58 \n\n17/de -\n\nPE 64. 907 \n\n\fVorgriff \nder \u00ad\n\nVorrecht \n\n30 \n\ndie zur Erf\u00fcllung ihrer Aufgaben \n\nerforderlichen \u00ade und \nBefreiungen genie\u00dfen 201 \n\nWare \n\ngleiche oder gleichartige \u00adn \ndie \u00adn, die unter der gleichen \noder einer \u00e4hnlichen Marke \nin Verkehr gebracht werden \nsich wirtschaftlich sehr nahe\u00ad\n\n203 \n\n203 \n\nstehende \u00adn 203 \n\ndie mit der Marke versehenen \u00adn203 \ndie \u00d6ffentlichkeit \u00fcber das We\u00ad\nsen oder die Herkunft der \n\u00adn t\u00e4uschen 203 \n\ndie \u00adn eines Unternehmens 203 \nwenn der Zustand der \u00adn sich \n\nver\u00e4ndert oder verschlechtert \nhat 203 \n\nWeisung \n\ndie \u00adsfreiheit 138 \n\nWerbewirkung \n\ndie \u00ad der Marke 125 \n\nWerbung \n\ndie Benutzung der Marke auf \nGesch\u00e4ftspapieren und \nin der \u00ad 209 \n\nWerktag \n\nder \u00ad 150 \nWettbewerb \n\neinen redlichen \u00ad gew\u00e4hrleistenlbO \nder unlautere \u00ad 57 \ndie Rechtsvorschriften \u00fcber den \n\nunlauteren \u00ad 57,100 \n\ndas \u00adsrecht lOO \n\nWiderklage \n\n4 \n4 \n4 \n\ndie \u00ad auf Erkl\u00e4rung des Verfalls \n\noder der Nichtigkeit der \neurop\u00e4ischen Marke 4 \n\ndurch eine \u00ad auf Erkl\u00e4rung des \nVerfalls oder der Nichtig\u00ad\nkeit der europ\u00e4ischen Marke \n\ndie Entscheidung \u00fcber die \u00ad\n\u00ad erheben \n\u00ad auf Erkl\u00e4rung des Verfalls \noder der Nichtigkeit der \neurop\u00e4ischen Marke erheben \n\neine \u00ad auf Erkl\u00e4rung des Verfalls \n\noder der Nichtigkeit der \neurop\u00e4ischen Marke ist nur in \nerster Instanz zul\u00e4ssig \n\ndie Nichtigkeits\u00ad\nim Wege der \u00ad\nim Wege der \u00ad die Erkl\u00e4rung des \nVerfalls oder die L\u00f6schung \nder Marke wegen Nichtbenutzung \nbeantragen \n\nWidersprechende \n\nder \u00ad\n\nWiderspruch \n\nder \u00ad ist zu begr\u00fcnden \nder \u00ad ist schriftlich einzu\u00ad\n\nreichen \n\u00ad erheben \neinen \u00ad zur\u00fcckweisen \ndie Beschl\u00fcsse,durch die ein \u00ad\n\nzur\u00fcckgewiesen wird \n\ndie Pr\u00fcfungsabteilung weist \n\nden \u00ad zur\u00fcck \n\ndie Zur\u00fcckweisung des \u00ads \ndie Beschr\u00e4nkung des \u00adsrechts \ndas \u00adsverfahren \n\n182 \n\n182 \n182 \n182 \n\n182 \n\n182 \n182 \n182 \n182 \n\nWiedereinsetzung \n\ndie \u00ad in den vorigen Stand \n\n2 36 \n\n102 \n\n237 \n\n98 \n\n186 \n\n247 \n\n247 \n\n247 \n247 \n\nWirkung \n\n\u00ad haben \neine technische \n\nhaben \n\nWohnsitz \nseinen \n\nZahlung \n\nhaben \n\nzur Folge \n\ndie Feststellung der \u00ad\n\nZeichen \n\nalle \u00ad, die geeignet sind, die \nWaren oder Dienstleistungen \ndes Anmelders von denen an\u00ad\nderer zu unterscheiden \n\ndie Benutzung der Marke oder \neines \u00fcbereinstimmenden \u00ads \n\nder Begriff der Marke als \n\nUnterseheidungs\u00ad\n\ndie Wort\u00ad und Bild\u00ad\n\nZentralbeh\u00f6rde \n\ndie \u00adn f\u00fcr den gewerblichen \n\nRechtsschutz 245 \n\ndie f\u00fcr den gewerblichen Rechts\u00ad\nschutz zust\u00e4ndigen \u00adn 245 \neine Bescheinigung der \u00ad f\u00fcr \n\nden gewerblichen Rechtsschutz \ndes betreffenden Staates 245 \nder Widerspruch der \u00adn f\u00fcr den \n\ngewerblichen Rechtsschutz 245 \n\nZessionar \n\nder \u00ad\n\n39 \n\nder nicht erschienen ist 257 \n\nZeuge \n\ne in \u00ad, \u03b9 \n\nZ i f f er \n\ndie \u00ad\n\nZivilprozeBrecht \n\ndie Vorschriften des \u00ads \n\nZivilrecht \n\ndas \u00ad\n\nzust\u00e4ndig \n\n\u00f6rtlich und sachlich \u00ad sein \nsachlich \u00ad sein \nf\u00fcr alle Streitsachen zwischen. \u00ad sein \n\n41 \n\n202 \n\nlOO \n\n50 \n51 \n\n253 \n\n50 \n\n181 \n\nZust\u00e4ndigkeit \n\ninnerhalb ihrer \u00ad\n\n\u00ad 18/de \u00ad\n\nPE 64. 907 \n\n\fZust\u00e4ndigkeit (Forts. ) \n\ndie \u00f6rtliche - der Gerichte \ndie \u00f6rtliche - bestimmt sich nach \n\n50 \n\ndem Gesch\u00e4ftssitz \n\n50 \n\nzustellen \n\nEntscheidungen und Ladungen - 249 \n\nZustellung \n\ndie - der Entscheidung \ndie - der angefochtenen Ent \n\nscheidung \n\n248 \n\n248 \n\neine -, die sich auf die \n\neurop\u00e4ische Marke bezieht \n\n171 \n\neinen -sbevollm\u00e4chtigten bestel \n\nlen \n\nZur\u00fcckweisung \n\n98 \n\ndie - der Marke \ndie - von Markenanmeldungen \n\n221 \n226 \n\nZwangsvollstreckung \n\ndie - \ndie - betreiben \n\nZweck \n\n115 \n115 \n\nim Falle, in dem die gesch\u00fctzte \nMarke zur anlehnenden Bezug \nnahme oder zu sonstigen \nunlauteren -n benutzt wird \n\n32 \n\n- 19/de - \n\nPE 64. 907 \n\n\f\faanbod \n\nafstand \n\neen differentiatie van het -\n\nmogelijk maken \n\n178 \n\naanbrengen \n\nhet - Tan het beschermde merk \n\nop het produkt \n\nwanneer het niet mogelijk is, \n\nhet merk (op de waar) aan te \nbrengen \n\n14 \n\n14 \n\naanduiding \n\nde - van de goederen of diensten 155 \nde functie als - van herkomst \n\n139 \n82 \n\n141 \n\n233 \n\n80 \n161 \n80 \n\n161 \n\n163 \n\n80 \n80 \n\n81 \n81 \n81 \n\nvan het merk \nde fantasie- - \n\naanmaning \n\nde -\n\naansprakelijkheid \n\nde persoonlijke - van de \n\npersoneelsleden \n\naanvrage \n\nde - afwijzen \neen - instellen \nde - intrekken \nde - wordt geacht niet te \nhebben plaatsgevonden \ngerekend vanaf de dag van \n\nindiening van de -\n\nde omzetting in een nationale \n\nmerk-\n\nde weigering van -n (van merken) \n\naanvrager \n\nde -\nde - horen \nhet stelling nemen door de \n\naccountant \n\nde -\n\nacties \n\nde verbods- en schadevergoe-\n\ndings-\n\nafbakening \n\nafbeelding \n\nde -\n\nafdeling \n\nde merkenadministratie-\nde onderzoek-\n\nafdruk \nde -\n\nafschrift \n\nna overlegging van een voor \neensluidend gewaarmerkt -\n\nhet tenietgaan van het merk \n\ndoor - van de zijde van de \nr echthebbende \n\n227 \n\nakte \nde \n\nambt \n\nvan overdracht \n\nde -splichten \n\nappel \n\nhij die - aantekent \n\nappellant \n\nde -\nelk feit dat de - heeft \n\ngesteld \n\nartikel \n\n125 \n\n13 \n\n81 \n\n81 \n\nde -en die onder hetzelfde \nof een soortgelijk merk \nin de handel worden ge \nbracht \n\nhet in de handel brengen van \n-en voor dagelijks ge- en \nverbruik \n\nde industri\u00eble massaproduktie \n\n(van -en) \n\nhet merk-\nhet principe van het vrije \n\nverkeer van merk-en \n\nauteur \n\neen -srecht \n\nautonomie \n\nde - van het EEG-merk \nde principes van uniciteit \nen - van het EEG-merk \n\nautoriteit \n\n47 \n\nde nationale -\n\nbalans \n\n4 \n\neen financi\u00eble - van de activa \n\nen de passiva doen toekomen 29 \n\nde rekeningen en de financi\u00eble \n\n- voorleggen \n\nde circulatie-\n\n88 \n\nbeheer \n\n97 \n97 \n\n104 \n\n68 \n\nvaststellen of een goed \n\nfinancieel - is gevoerd \n\n130 \n\nbegroting \n\nhet -sjaar \nde - ontwerpen en uitvoeren \nin de - opnemen \nde - uitvoeren \nde - vaststellen \nde ontvangsten en uitgaven \n\nvan de - moeten met elkaar \nin evenwicht zijn \n\n116 \n30 \n30 \n30 \n30 \n\n30 \n\n- 1/ne -\n\nPE 64. 907 \n\n203 \n\n203 \n\n203 \n16 \n\n203 \n\n100 \n\n23 \n\n23 \n\n24 \n\n29 \n\n27 \n\nde -sproblemen bij conflicten \nmet oudere nationale merken \n\n224 \n\nbank \n\n\fbegroting (vervolg) \n\nde ontwerp- - \nde opstelling der - \nde uitvoering van de - \nde vaststelling van de - \nde voorlopige - \n\nbekendmaking \n\nde - van de handeling \nvolgens/blijkens een - \n\n30 \n30 \n30 \n30 \n30 \n\n208 \n49 \n\nbelang \n\naantonen een wettig - te hebben \n\n147 \n\nbenaming \nde - \nhet verval van het EEG-merk door \n\ndat het een gebruikelijke -\nis geworden \n\nbenoemen \n\nde ambtenaren en overige perso \n\nneelsleden - \n\nbeperking \n\nde territoriale - van het merken \n\nrecht \n\nberoep \n\neen - als ongegrond afwijzen \nover het - beslissen zonder \n\npartijen te horen \n\n- in cassatie bij het Europese \n\nMerkenhof \n\n18 \n\n13 \n\n218 \n\n194 \n\n- in cassatie kan worden inge \n\nsteld wegens. door hen die. 194 \n\nhet - in cassatie heeft schorsen \n\nde kracht \n\n194 \n\ntegen de beslissing van de. kan bij het Europese Merkenhof \n- in cassatie worden ingesteld 194 \n218 \nindien het - gegrond is \n218 \n- instellen \n- is mogelijk \n218 \ndegene die het - heeft ingesteld 218 \ntegen \n\nkan - worden inge \n\nsteld \n\nhet - moet schriftelijk bij het \nEuropese Merkenbureau worden \ningesteld \n\nhet - intrekken \n- is mogelijk \nhet - als ongegrond verwerpen \nhet - is ontvankelijk \nhet - ontvankelijk en gegrond \n\nachten \n\neen - als niet ontvankelijk af \n\nwijzen \n\nhet - wordt geacht niet te hebben \n\nplaatsgevonden \n\nde -sprocedure \nde partijen bij de -sprocedure \neen - met redenen omkleden \nhet - moet met redenen omkleed \n\nzijn \n\n218 \n\n218 \n218 \n218 \n218 \n218 \n\n218 \n\n13 \n\n218 \n13 \n218 \n218 \n\n218 \n\nberoep (vervolg) \n\nhet - heeft schorsende kracht 218 \nhet -schrift \n13 \nde beslissing waarvan - herzien218 \nhet - geheel of gedeeltelijk \n\ntoewijzen \n\nvoor - vatbare beslissingen \nde behandeling in - \npartij zijn bij de behandeling \n\nin - \n\nde beslissing over het -/om \n\ntrent het - \n\nhet onderzoek naar de gegrond \n\nheid van het - \n\nde grieven waarop het - is \n\n82 \n\ngegrond \n\nde gronden voor het - \nde ontvangst van de gronden \n\n82 \n\nvoor het - \n\nhet hoger - is gegrond \nde voor het hoger - aangevoer \n\nde gronden \n\n168 \n\neen hoger - instellen \ndegene die het - heeft inge \n\nsteld horen \n\nhet hoger - intrekken \nhet hoger - wordt geacht niet \nte hebben plaatsgevonden \neen hoger - met redenen om \n\nkleden \n\nde beslissing over het hoger \n\nde kosten van de procedure in \n\nhoger - \n\nde verdeling van de kosten van \n\nde procedure in hoger - \n\nde kamer van - \nde kamer van - beslist over \nhet - zonder partijen te \nhoren \n\nde beslissing van de kamer \n\nvan - \n\nde beslissing van de kamer \n\nvan - , waarbij over een -\nuitspraak is gedaan \n\nde beslissing van de kamer \n\nvan - moet met redenen zijn \nomkleed \n\nde kamer van - onderzoekt de \n\nfeiten ambtshalve \n\nhet - zonder advies ten prin \ncipale aan de kamer van -\nvoorleggen \n\nde procedure in - \nde kosten van de procedure in \n\nhet rechtsgevolg van het - \nde taks voor (het) - \nde voor het instellen van het \n\n- betaalde taks \n\ngeen doorslaggevende bezwaren \ntegen de toelating van een \n- op de nietigheid \n\nuitspraak doen over elk -\n\ntegen \n\n218 \n218 \n218 \n\n218 \n\n218 \n\n218 \n\n218 \n218 \n\n218 \n13 \n\n13 \n13 \n\n218 \n13 \n\n13 \n\n13 \n\n13 \n\n13 \n\n13 \n218 \n\n218 \n\n218 \n\n218 \n\n218 \n\n218 \n\n218 \n218 \n\n218 \n218 \n218 \n\n218 \n\n114 \n\n13 \n\n- 2/ne -\n\nPE 64. 907 \n\n\fberoep (vervolg) \n\nbevoegd zijn uitspraak te doen \n\nover -en wegens onbevoegdheid, \nschending van een wezenlijk \nvormvoorschrift \n\neen \n\nis niet vatbaar voor \n\nbeschermen \n\njuridisch beschermd worden \nhet merk op communautair niveau \n\nbescherming \n\ninformatie verkrijgen (over de \nvraag) of het gedeponeerde \nmerk voor - in aanmerking \nkomt \n\nde - van de consument tegen ver \n\nwarring en misleiding \n\nde formele - van dienstmerken \nde - van niet-ingeschreven ken \n\ntekens \n\neen effectieve - verkrijgen \nde ondernemingen die merken \nr e c h t en jke - verlangen \nhet systeem van merkenrechte-\nlijke - van de gemeenschap \nde omvang van de - der merken/ \n\nvan het merk/van het EEG-merk \n\nde rechts-\n\nbeslissen \n\nde beslissing van de nietigheids \nkamer, waarbij is beslist over \neen hoger beroep \n\nbevoegd zijn te - over elk g e \n\n218 \n\n218 \n\n205 \n\n206 \n\n205 \n\n205 \n205 \n\n205 \n205 \n\n205 \n\n205 \n\n205 \n205 \n\nschil tussen \n\n253 \n\nin eerste aanleg - over een vor \n\ndering tot vervallenverklaring \nof tot nietigverklaring van \neen Europees m e rk \n\n253 \n\nover het beroep - zonder par \n\ntijen te horen \n\n253 \nmet eenparigheid van stemmen - 253 \nde nietigheidskamer kan over \n\neenkomstig de eis - \n\nover/omtrent het verzoek -\nzonder partijen te horen \n\nover de vordering inzake inbreuk \n\n(op het Europese merk) - \n\n253 \n\n253 \n\n253 \n\nbeslissing (vervolg) \n\nde bestreden - betekenen \nde instantie die de bestreden \n\n75 \n\n- heeft genomen \n\nde bestreden - geheel of ge \ndeeltelijk vernietigen \nde nietigheidskamer geeft \n\nzelf een - \n\nhet nemen van een - \nde onherroepelijke - over \n\n75 \n\n75 \n\n253 \n253 \n\nde vordering tot vervallen \nverklaring of tot nietig \nverklaring van het Europese \nmerk \n\neen prejudici\u00eble - geven \nhet Europese Merkenhof is \n\nbevoegd een prejudici\u00eble \n- te geven \n\nde prejudici\u00eble - van het \n\nEuropese Merkenhof \n\n253 \n261 \n\n253 \n\n75 \n\nbestanddeel \n\neen - van een handelsnaam \n\n103 \n\nbetaling \n\nde controle op de verant \n\nwoordelijkheid van hen die \n-sopdrachten geven en van \nhen die de boekhouding \nvoeren \n\nde vaststelling van de - \n\nbetekenen \n\nbeslissingen en oproepingen \n\n25 3 \n\nde bestreden beslissing \u2014 \n\nbevoegd \n\nabsoluut - zijn \nrelatief en absoluut - zijn \n\n51 \n50 \n\nbev oeg dheden \n\nzijn - delegeren \n\nbevoegdheid \n\nde - van de nationale instan \nties tot het instellen van \neen rechtsvordering \n\nbinnen de grenzen van hun - \nde relatieve - wordt bepaald \ndoor het kantooradres van \nde \n\n183 \n186 \n\n249 \n248 \n\n21 \n\n100 \n50 \n\n50 \n\n50 \n\nbeslissing \n\nde - over het hoger beroep \nhet Europese Merkenhof verzoeken \n\n75 \n\nde relatieve - van de rechter \n\nlijke instanties \n\neen - te geven \n\nde - ter kennis brengen \nde - (van de onderzoeksectie, \nm e r k e n a d m i n i s t r a t i e - a f d e l i n g) \n\nde - over de v o r d e r i ng \n\ni n z a ke \n\n253 \n75 \n\n75 \n\ninbreuk op het Europese merk \n\n253 \n\nde - over de vordering in re \n\nconventie \n-en uitspreken \nde bestreden - \n\n253 \n75 \n75 \n\nbewijs \n\nhet -aanbod van partijen \nhet - door getuigen \neen -levering \nde -middelen \nde -middelen onderzoeken \nde leden die met het onder \n\nzoek van de -middelen zijn \nbelast \n\ntot een onderzoek van de \n\n-middelen overgaan \n\n198 \n198 \n144 \n144 \n144 \n\n144 \n\n144 \n\n- 3/ne -\n\nPE 64. 907 \n\n\fbezwaar \n\ndag \n\neen - afwijzen \nhet - moet schriftelijk worden \n\ningediend \n\n- maken \nhet - moet met redenen zijn om \n\nkleed \n\nde afwijzing van het -\nde beslissingen tot afwijzing \n\nvan een -\n\nde onderzoekafdeling wijst het \n\n- af \n\nbijdrage \n\nde financi\u00f3le -n van de over \neenkomstsluitende staten \n\n182 \n\n182 \n182 \n\n182 \n182 \n\n182 \n\n182 \n\n66 \n\nboekhouding \n\nde controle op de verantwoorde \n\nlijkheid van hen die betalings \nopdrachten geven en van hen die \nde - voeren \n\n53 \n\nbureau \n\nhet EEG-raerken-\neen verzoek bij het Europese \n\nmerken- indienen \nhet nationaal merken-\n\n175 \n\n176 \n177 \n\ncessionaris \n\nde -\n\ncijfer \nhet -\n\nco\u00ebxistentie \n\nde - van gelijke of soortgelijke \n\nmerken \n\nde - van de beide rechtskringen \n\ncommunautaire en na \n\ntionale merkenrechten \n\ncommissie \n\nde rogatoire -\nde controle-\n\nconcurrentie \n\n39 \n\n41 \n\n44 \n\n44 \n\n48 \n48 \n\nhet recht inzake oneerlijke -\n\n57 \n\nconflict \n\nde afbakeningsproblemen bij \n\n-en met oudere nationale merken 59 \n\nde oplossing van -en tussen EEG-\nroerken \n\nmerken en nationale \n\ncontrole \n\nde - van de rekeningen \n\ncreatie \n\n59 \n\n54 \n\nde - van de aanvraag bij het \n\nEEG-merkenbureau geldt \n\n150 \n\ndealer \n\nde moderne -s \n\ndechargeren \n\n- van. deelnemer \n\n96 \n\n73 \n\nde -s aan de procedure \n\n189 \n\ndeelneming \n\nde -\n\ndeposant \nde -\n\ndepot \n\nhet - en de inschrijving van \n\nEEG-raerken \n\nhet - intrekken, prijsgeven \n\nof weigeren \n\neen eerste - vormen \neen afschrift van het eerste \n\n- overleggen \n\nde dagtekening van het eerste \n\nhet latere -\nals een nationaal - gelden \nop \u00e9\u00e9n of meer nationale -s \n\ngegrond zijn \n\nnationale -s intrekken of on \n\nherroepelijk weigeren \nhet regelmatig nationaal -\nde waarde hebben van/als een \nregelmatig nationaal - / \ngel den \n\nhet vroegere -\n\n52 \n\n84 \n\n80 \n\n86 \n86 \n\n86 \n\n86 \n86 \n86 \n\n86 \n\n86 \n86 \n\n86 \n86 \n\nderden \n\nde prioriteit tegenover de \n\nrechten van -\n\n2 60 \n\ndienst \n\nde centrale -en voor de indi-\n\nindustri\u00eble eigendom \n\n245 \n\neen door de centrale - voor \n\nde industri\u00eble eigendom van \nde desbetreffende Staat af \ngegeven verklaring \n\nde oppositie van de centrale \n-en voor de industri\u00eble \neigendom \n\ngedurende hun -verband \nhet vrije verkeer van merk \n\nartikelen en -en onder be \npaalde merken \n\n245 \n\n245 \n125 \n\n245 \n\nde - van een communautair merken \n\nrecht/Europees merk \n\n71 \n\ndienstmerk \n\ndaad \n\nde onrechtmatige -\n\n79 \n\nde Europese -en \nhet gebruik van het - of van \neen overeenstemmend kente \nken \n\n161 \n\n161 \n\n- 4/ne -\n\nPE 64. 907 \n\n\fdochtermaatschappij \n\nde -\n\ndoeleinden \n\nin geval dat het beschermde \nmerk wordt gebruikt voor \naanhakende referentie of \nvoor andere oneerlijke -\n\ndoorhaling \n\neen vordering tot - of wegens \ninbreuk tegen het jongere \nEEG-merk instellen \n\need \n\nweigeren te getuigen of de \n\n- af te leggen \n\neigenaar \n\nde - van het merk \nwanneer de - van het oudere \nmerk kan bewijzen dat hij \nzijn merk serieus heeft ge \nbruikt \n\neigendom \n\nhet industri\u00eble of commerci\u00eble \n\n-srecht \n\nde centrale diensten voor de \n\nindustri\u00eble -\n\nde werkzaamheden tot harmonisa \n\ntie of unificatie van de \nindustri\u00eble -\n\neis \n\neen - in reconventie instellen \ndoor een - in reconventie tot \nvervallenverklaring of tot \nnietigverklaring van het \nEuropese merk \n\nvia een - in reconventie de \n\nverklaring vorderen dat het \nmerk is vervallen of teniet-\ngegaan wegens niet-gebruik \n\neiser \nde -\n\nexequatur \n\nhet - verlenen \n\nf a b r i ek \n\nde - of h a n d e l s o n d e r n e m i ng \n\nf a b r i k a nt \n\na r t i k e l en \n\nde -en en v e r k o p e rs van merk \n\nfamilienaam \n\nde -\nhet gebruik van de eigen -\n\nfeestdag \n\nde wettelijk erkende -\n\n123 \n\n32 \n\n173 \n\n244 \n\n262 \n\n262 \n\n100 \n\n204 \n\n204 \n\n81 \n\n128 \n\n111 \n\n120 \n\n167 \n167 \n\n150 \n\nfunctie \n\nde -s die men aan het merk \n\ntoekent \n\nde be\u00ebindiging van de -s \nde fundamentele - van het \n\nmerk \n\nde onderscheidende - van \n\nhet merk als aanduiding \nvan herkomst \n\ngebied \n\neen merkenrecht dat op het \ngehele - van de Gemeen \nschap geldt \n\nhet uniform handels- \n\ngebreken \n\nde vastgestelde - onder \n\nvangen \n\n125 \n125 \n\n125 \n\n125 \n\n258 \n258 \n\n149 \n\ngebruik \n\nalleen een gebruikt of voor \n- bestemd merk komt voor \nbescherming in aanmerking 271 \n271 \n\nde -sdwang \nde merken aan een strikte en \nconsequent gehandhaafde \n-sdwang onderwerpen \n\neen merk bij overeenkomst \n\naan een ander in - geven \n(licentie) \n\nhet - van het merk of een \novereenstemmend teken \n\nhet - van het merk op zaken-\n\n271 \n\n271 \n\n2 71 \n\npapieren en in de reclame 271 \n\nhet misleidende - van het \n\nmerk \n\nhet wijzen van - van het \n\nmerk \n\neen naar plaats beperkt \n\n-srecht \n\nhet rechtmatige - \n\ngebruiken \n\nde rechthebbende moet ver \nklaren dat hij het merk \nheeft gebruikt \n\nde wijze waarop het merk \ndoor de licentienemer \nwordt gebruikt \n\nwanneer de eigenaar van het \noudere merk kan bewijzen \ndat hij zijn merk serieus \nheeft gebruikt \n\ngedaagde \nde - \n\ngeding \n\nzich in een door de recht \nhebbende op het merk in \ngesteld - voegen \n\n273 \n\n271 \n\n100 \n2 71 \n\n271 \n\n273 \n\n271 \n\n77 \n\n4 \n\n- 5/ne \n\nPE 64. 907 \n\n\fgegeven \n\nhet beschrijvende -\nhet gebruik van beschrijvende \n\n-s \n\ngeheimhouding \n\nonder de -splicht vallen \n\ngelntimeerde \n\nde -\n\ngeld \n\n-en beschikbaar hebben of be \n\nschikbaar kunnen maken \n\neen -boete opleggen \nde omzetting van -en \n\n25 \n8 \n25 \n\ngelijksoortigheid \n\nde \"- van waren\" \n\ngeschil \n\neen - tussen de partijen in de \n\nverklaringsprocedure \n-len tussen overeenkomst \n\nsluitende Staten \n\nbevoegd zijn te beslissen over \n\nelk - tussen \n\n159 \n\n90 \n\n159 \n\ngetuige \n\nelke - die niet is verschenen \n\n257 \n\n139 \n\n139 \n\n241 \n\nhandeling \n\nde bekendmaking van de -\nde uitvoering van financi\u00eble \n\n-en \n\nde gerechtelijke -\nde gewraakte -\ninbreukmakende -en \nde kennisgeving van de -\neen door de verzoeker verrich-\n\n13 \n\nte -\n\nhandelingsbekwaamheid \n\n- hebben \n\nharmonisatie \n\nde - van het merkenrecht der \n\nLid-Staten \n\n250 \n\nherkomst \n\nde functie als aanduiding \n\nvan - van het merk \n\nde geografische - van een \n\nprodukt \n\nhet merk geeft de - van de \ndaarmee verbonden produk \nten aan \n\nherstel \n\nhet - in rechten \n\nherziening \n\n102 \n\nde -sconferentie \naan de -sconferenties deel \n\ngevolg \n\ngeen - hebben \n\naeza\u00e7t \n\nin hierarchisch verband het -\n\nover het personeel uitoefenen \n\n24 \n\ngoederen \n\nde consumptie-\nonroerende en roerende - in \neigendom verwerven of ver \nvreemden \n\ngrief \n\nde roeroorie van grieven \nhet antwoord op de manorie van \n\ngrieven \n\ngronden \n\nde voor het hoger beroep aange \n\nvoerde -\n\ngrondgebied \n\nop/over het gezamenlijke - van \n\nde overeenkomstsluitende \nStaten \n\n203 \n\n28 \n\n218 \n218 \n\n118 \n\n258 \n\nnemen \n\nde - van de overeenkomst \nde prejudici\u00eble -\n\nHof \n\neen internationaal -\n\nholding \n\nde \u2014maatschappij \n\nhoren \n\nhet - van partijen \nhet - van partijen geschiedt \n\nniet in het openbaar \n\nde kamers van beroep en de \n\nnietigheidskamers - partijen \nin het openbaar \n\n22 \n\nover/omtrent het verzoek be \n\nslissen zonder partijen te \n\nover het beroep beslissen \n\nzonder partijen te -\nhet tijdstip van het -\n\n22 \n\n22 \n22 \n\n179 \n3 \n3 \n65 \n3 \n\n34 \n\n214 \n\n207 \n\n207 \n\n207 \n\n236 \n\n238 \n\n238 \n238 \n238 \n\n70 \n\n131 \n\n22 \n\n22 \n\nhandel \n\nhet in de - brengen van artikelen \n\nvoor dagelijks ge- en verbruik 46 \n7 \n167 \n167 \n\nzijn -wijze rechtvaardigen \nde -snaam \neen bestanddeel van een -snaam \n\nhouder \n\nde - van het oudere merk \n\n262 \n\nidentificatie \n\nde - van produkten vergemak \n\nkelijken \n\n132 \n\n- 6/ne -\n\nPE 64. 907 \n\n\fidentificeren \n\nde goederen (naar herkomst) \neen bepaald produkt -\n\n133 \n133 \n\ninbreuk \n\nde - op het Europese merk/ op \neen Europees merk/op een \nnationaal merk \nhet proces wegens -\nde procedure wegens - op een \n\nEEG-merk \n\nde procedure bij een vordering \n\ninzake -\n\nde rechtsmacht ten aanzien van \nvorderingen inzake - op Euro \npese merken voorbehouden aan \neen nationale rechterlijke in \nstantie die absoluut bevoegd \nis \nde vorderingen inzake - op een \nEuropees merk/op een natio \nnaal merk \n\nde (rechts)vordering wegens -\n\nop \n\nde rechtsmacht inzake vorde \n\nringen wegens - op een Euro \npees merk aan een nationale \nabsoluut bevoegde rechter \nlijke instantie toekennen \ntegen de verzoeker een vorde \nring inzake - instellen \n\neen vordering tot doorhaling of \nwegens - tegen het jongere \nEEG-merk instellen \n\nindiening \n\nde - van de aanvrage \nde dag van - van de aanvrage \nde - van het verzoek \n\ninlichtingen \n\nhet verzoek om -\n\ninschrijven \n\nals Europees merk zijn ingeschre \n\nven \n\nvoor zich een identiek of soort \n\ngelijk merk laten - \n\n65 \n65 \n\n65 \n\n65 \n\n65 \n\n65 \n\n65 \n\n65 \n\n65 \n\n65 \n\n86 \n86 \n86 \n\n1 40 \n\n106 \n\n106 \n\ninschrijving \n\nzonder eigen gebruiksoogmerk sys \ntematisch de - aanvragen van \nmerken met het oog op de handel \nin die merken \n\nde gevallen waarin het merk, waar \nover - is aangevraagd, moet wor \nden uitgesloten \n\neen -sbewijs \nde - doorhalen \nde - van het merk/de merken \nde - wordt in het Europese merken-\n\nblad openbaar gemaakt \n\nde kosten van de -sprocedure \nde -s-/registratie-procedure \nde -sprocedure/de procedure tot \n- van een nationaal merk \n\n85 \n\n105 \n105 \n105 \n105 \n\n105 \n105 \n105 \n\n105 \n\ninschrijving(vervolg) \n\nhet verloop van de -sproce-\n\ndures \n\nvan - uitgesloten zijn \nhet merk/het Europese merk \n\nis van - uitgesloten \n\nna - vindt een verlies van \n\nhet merkrecht plaats \n\nde - van \n\nvervalt na \n\nverloop van \n\nde aanduiding van de - \nde aanvragen tot - van be \n\nstaande nationale merken \nals Europese merken \n\nde beslissing tot - \nhet depot en de - van EEG-\n\n105 \n105 \n\n105 \n\n105 \n\n105 \n105 \n\n86 \n105 \n\nmerken \n\n105 \nde geldigheidsduur van de - 105 \nde geldigheidsduur van de -\n\nvan het merk is verstreken 105 \n\nde afloop van de geldigheids \n\nduur van de - \n\nhet verstrijken van de gel \ndigheidsduur van de - \n\nde procedure over de - \nde procedure over de - van \neen Europees merk/de pro \ncedure van de - van het \nEuropese merk/de procedure \ntot - van een Europees \nmerk \n\nde procedure tot - \nde dag van publikatie van de \n\nde voorwaarden voor de -\n\nvan merken \n\ninstantie \n\nde - welker beslissing wordt \n\nbestreden \n\nde arbitrale - van het EEG-\n\nmerken-bureau \n\nde bevoegde -s \nde nietigheids-s \nde rechterlijke -s \neen nationale rechterlijke \n\n105 \n\n105 \n105 \n\n105 \n105 \n\n105 \n\n105 \n\n142 \n\n242 \n24 \n142 \n267 \n\n- die absoluut bevoegd is 267 \n\nonderworpen zijn aan de ab \n\nsolute rechtsmacht van de \nnationale rechterlijke -s \nvan de overeenkomstsluiten \nde Staten \n\neen nationale absoluut be \nvoegde rechterlijke - \n\nde oprichting van een \n\nscheidsrechterlijke - \n\ninstelling \n\nde financi\u00eble - \nde internationale - \n\ninstructie \n\nde handelingen van - \ntot handelingen van -\n\novergaan \n\n267 \n\n267 \n\n242 \n\n143 \n185 \n\n144 \n\n144 \n\n- 7/ne \n\nPE 64. 907 \n\n\fintegratie \n\nde - van de nationale markten \n\n145 \n\nkamer \n\nde - van Beroep \nde - van beroep beslist over het \n\n40 \n\ndragen \n\nberoep zonder partijen te horen 40 \n\nde - van beroep onderzoekt de \n\nfeiten ambtshalve \n\n40 \nde beslissing van de - van beroep 40 \nde beslissing van de - van beroep \nmoet met redenen zijn omkleed \nde beslissing van de - van beroep \n\n40 \n\nwaarbij over een beroep uit \nspraak is gedaan \n\nde Nietigheide- \nde nietigheids- geeft zelf een \n\nbeslissing \n\n40 \n40 \n\n40 \n\nkredieten \n\nde - worden ingedeeld in \n\nhoofdstukken \n\nde - kunnen worden overge \n\n- overschrijven \nbinnen de grenzen der toe \n\ngekende -\n\nkwalificatie \n\neen bijzondere beroeps \n\nlasthebber \n\nde -\n\nletter \nde -\n\n72 \n\n72 \n72 \n\n72 \n\n210 \n\n154 \n\nde nietigheids- kan overeenkomstig \n\nlicentie \n\nde eis beslissen \n\n40 \nde beslissing van de nietigheids- 40 \nde beslissing van de nietigheids-\nmoet met redenen zijn omkleed \nde beslissing van de nietigheids-\nwaarbij is beslist over een \nhoger beroep \n\n40 \n\nde griffie van de nietigheids- \n\n40 \n40 \n\nkantoor \n\nhet -adres \nzijn - in een van de overeen \n\n98 \n\n157 \n157,158 \n\nde -gever \nde -nemer \nde wijze waarop het merk \ndoor de -nemer wordt \ngebruikt \n\n158 \n157 \nde \u2014overeenkomst \n15 7 \neen -verlening \nde merken- \n157 \nde rechtsgeldig verleende - 157 \nde verlening van -s \n157 \neen rechtsovergang dan wel \neen verlening van een - \n\n157 \n\nkomstsluitende Staten hebben/ \nop het grondgebied van een der \novereenkomstsluitende Staten \nhebben \n\nmaatregelen \n\nvoorstellen doen voor disci \n\n98 \n\nplinaire - \n\nkennis \n\nmacht \n\nde bes1 issing ter - brengen \n\n248 \n\nde disciplinaire -\n\nuitoefenen \n\nkennisgeving \n\nde - van de handeling \n171 \neen - aangaande het Europese merk 171 \nde - naar aanleiding van het \n\nmededelen \n\n-\nde beslissing -\n\nonderzoek \n\nkenteken \n\nde bescherming van n i e t - i n g e-\n\nschreven -s \n\nhet merk of het overeenstemmende \n\n- gebruiken \n\nhet gebruik van het dienstmerk \nof van een overeenstemmend - \n\nkleur \n\nde -encombinatie \n\nkoers \n\n247 \n\n69 \n\n171 \n\n247 \n\nmededeling \n\nde - over oudere merken \nde - betreffende het onder \n\nzoek \n\n247 \n\nmededinging \n\nde waarborging van een eer \n\nlijke -\n\nde oneerlijke -\n\nmeineed \n\neen - van een getuige \n\n244 \n\nde op de dag van deponering gel \n\nmerk \n\ndende - \n\nkracht \n\nde wervende - van het merk \nvan - zijn \n\n188 \n\n125 \n102 \n\nhet - op waren aanbrengen \neen -aanvrage afwijzen \nde beslissingen tot afwij \nzing van een -aanvrage \nhet - wordt geacht te zijn \n\nvervallen \n\nde -enadministratie-afdeling \n\n161 \n161 \n\n161 \n\n161 \n97 \n\n- 8/ne -\n\nPE 64. 907 \n\n240 \n\n195 \n\n172 \n172 \n\n171 \n\n171 \n\n160 \n57 \n\n\fmerk (vervolg) \n\nhet Europese -enblad \nin het Europese -enblad openbaar \n\nmaken \n\n31 \n\n31 \n\nde gegevens die in het Europese \n\n-enblad moeten worden openbaar \ngemaakt \n\n31 \n\nde inschrijving wordt in het \n\nEuropese -enblad openbaar ge \nmaakt \n\nhet - gebruiken \nhet - of het overeenstemmende \n\nkenteken gebruiken \n\nhet - in strijd met zijn func \n\n31 \n\n161 \n\n161 \n\ntie gebruiken \n\nhet - onder het toezicht van de \n\n161 \n\n161 \n\n161 \n161 \n231 \n354 \n100 \n\nrechthebbende gebruiken \n\nhet - is van inschrijving uit \n\ngesloten \n\n-en die een Europees karakter \n\nhebben \n\ninzake -en optreden \nhet Europese -enrecht \nhet materieel -enrecht \nhet - wordt als exclusief recht \nvan een producent of een han \ndelsonderneming erkend en be \nschermd \n\n161 \nde wijziging van het -reglement 161 \nhet - dat vervallen of nietig \n\nmoet worden verklaard \n\nhet op de waren aangebrachte -\nhet aangevraagde -\nde afbeelding, de nabootsing \nof de vertaling van een -\nvormen \n\nhet aanbrengen van het be \n\nschermde - op het produkt \n\nde bescherming van de -en \nnaast elkaar bestaande -en \nhet collectief -\nde aanvrage van een collectief \n\nvorderingen met betrekking tot \nnationale collectieve -en \ninstellen \n\ntenietgegane collectieve -en \n\ngebruiken \n\nde vroegere rechthebbende op \nhet collectieve - of zijn \nrechtsopvolger \n\nvervallen verklaarde of nietig \nverklaarde collectieve -en \ngebruiken \n\nde onderling confligerende \n\n-en \n\nde formele bescherming van \n\ndienst-en \neen EEG-merk \nde oplossing van conflicten \n\ntussen E E G \u2014 en en nationale \n-en \n\nde fabrieks-en \nde handels-en \nde traditionele beschermde \nfabrieks- en handels-en \n\n161 \n161 \n161 \n\n161 \n\n161 \n161 \n161 \n161 \n\n161 \n\n162 \n\n161 \n\n161 \n\n161 \n\n59 \n\n161 \n161 \n\n161 \n161 \n161 \n\n161 \n\nmerk (vervolg) \n\nhet gebruik van het - \npersonen die tot gebruik \n\n161 \n\nvan het - gerechtigd zijn/ \nbevoegd zijn \n\n161 \n\neen onrechtmatig gebruik \n\nvan het - \n\neen met het reglement strij \n\ndig gebruik van het - \neen wezenlijk en doeltref \nfend toezicht op het ge \nbruik van het - \n\nzich verzetten tegen elk \n\n161 \n\n161 \n\n161 \n\ngebruik van het - of van \neen overeenstemmend teken 161 \n\nalleen een gebruikt of voor \ngebruik bestemd - komt \nvoor bescherming in aan \nmerking \n\nde houders van gebruikte \n\n-en \n\nhet tenietgaan van geheel \n\nof ten dele niet gebruik \nte -en \n\nde co\u00ebxistentie van gelijke \n\nof soortgelijke -en \n\nmet het bestaan van een ge \n\n161 \n\n161 \n\n161 \n\n161 \n\nlijkluidend of soortgelijk \n- niet bekend zijn \n\n161 \n\nde artikelen die onder het \n\nzelfde of een soortgelijk \n- in de handel worden ge \nbracht \n\nvoor zich een identiek of \nsoortgelijk - laten in \nschrijven \n\nhet individuele - \n(de houders van) ingeschre \n\n161 \n\n161 \n161 \n\nven en notoir bekende -en 161 \n\nde inschrijving van een \n\njonger, identiek, of tot \nverwarring aanleiding \ngevend - \n\nde inschrijving van het - \nde inschrijving van de -en \nde afwijzing van een aan \nvrage tot inschrijving \nvan een - \n\nde onderscheidende kracht \nen het wervend vermogen \nvan het - \n\neen nieuw, in de reclame \n\neffectief, - \n\nde misleidende -en van het \n\nrecht cp inschrijving uit \nsluiten \n\nde nietigverklaring van het \n\nhet onderzoek of het - vol \ndoende onderscheidende \nkracht bezit \n\nhet oudere - \nhet oudere - overdragen \nhet bestaan van oudere -en \n\n161 \n161 \n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n161 \n161 \n161 \n\n- 9/ne -\n\nPE 64. 907 \n\n\fmerk, Europees \n\nhet - \n-en \nhet - niet meer kunnen aan \n\ntasten \n\nde door het - verleende bescher \n\nming \n\nhet - inschrijven \nhet - wordt ingeschreven in het \n\n-enregister \n\nhet - is in het -enregister in \n\ngeschreven \n\nhet - heeft onderscheidende \n\nkracht verkregen \n\nhet - nietig verklaren \neen - vervallen of nietig ver \n\nklaren \n\nhet - is onaantastbaar gewerden \n\nten aanzien van \n\nhet - is onaantastbaar geworden \n\nten opzichte van \n\nhet - overdragen \neen ouder merk of een ander ouder \n\n163 \n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n\n163 \n163 \n\nrecht, dat aan het - wordt \ntegengeworpen \n\n163 \nhet - vervalt \n163 \nde gevallen waarin het - vervalt 163 \nvaststellen, dat het - op een be \npaald tijdstip was vervallen \nde beslissing\u00ab waarbij het - ge \n\n163 \n\nheel of gedeeltelijk vervallen \nis verklaard \n\nde -en vormen een eenheid en zijn \n\nautonoom \n\nde aanvrager van een - \nde bekendmaking van de aanvrager \n\nvoor het - \n\neen afbeelding van het - \nde afstand van het - \nde afstand van het - schriftelijk \n\nmededelen \n\nde autonomie van het - \nde be\u00ebindiging van het - \nde begripsbepaling van het - \neen beschrijving van het - \nde duur van het - \nde eenheid van het - \nhet einde van het - \nhet eindigen van het - \nde gronden voor het eindigen van \n\nhet - \n\ngebruik van het - door derden \n\nvoor andere doeleinden dan als \nmerk \n\neen wezenlijk gebruik van het -\n\nmaken \n\nzich verzetten tegen het gebruik \n\nvan het - \n\n163 \n\n163 \n163 \n\n163 \n163 \n163 \n\n163 \n163 \n163 \n163 \n163 \n163 \n163 \n163 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\nde geldigheid van het -/van een \n\nnationaal merk \n\n163 \nde geldigheid van het - betwisten 163 \nde procedure inzake inbreuk op \n\neen - \n\nde procedure inzake inbreuk op \n\nhet - schorsen \n\n163 \n\n163 \n\nmerk, Europees (vervolg) \n\nde vorderingen inzake inbreuk \nop een -/op een nationaal \nmerk \n\nde beslissing over de vorde \nring inzake inbreuk op \nhet -\n\nde rechtsmacht ten aanzien \n\nvan vorderingen inzake in \nbreuk op -en voorbehouden \naan een nationale rechter \nlijke instantie die abso \nluut bevoegd is \n\nde rechtsmacht inzake vorde \nringen wegens inbreuk op \neen - aan een nationale \nabsoluut bevoegde rechter \nlijke instantie toekennen \n\nde indeling van de -en \nhet ingeschreven -\nde inschrijving van het -\nde inschrijving van een -\n\naanvragen \n\ntot inschrijving van het -\n\novergaan \n\nde inschrijving van het -\n\nvernieuwen \n\nde aanvrage om/tot inschrij \n\nving van een -\n\n163 \n\n163 \n\n163 \n\n163 \n163 \n163 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\naanvragen tot inschrijving \n\nvan -en in ontvangst nemen \n\n163 \n\nde in ontvangstneming van \n\naanvragen tot inschrijving \nvan -en \n\n163 \n\nde openbaarmaking van de \n\naanvrage tot inschrijving \nvan het -\n\nde bevoegdheid tot het aan \n\nvragen van inschrijving van \n-en \n\nde beslissing betreffende de \n\ninschrijving van het -\n\nhet bewijs van inschrijving \n\nvan het -\n\nde afloop van de geldigheids \nduur van de inschrijving \nvan het -\n\nde omzetting van de inschrij \nving van een - in een na \ntionale aanvrage van het \nmerk \n\nde procedure over de in \n\nschrijving van een -/de \nprocedure van de inschrij \nving van het -/de procedure \ntot inschrijving van een -\n\ninzake verstrekken van het \ndeel van het dossier dat \nrechtstreeks betrekking \nheeft op de procedure van \nde inschrijving van het -\n\nde publikatie van de in \nschrijving van het -\n\ntegen de inschrijving van het \n\n- bezwaar maken \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n- 10/ne -\n\nPE 64. 907 \n\n\fmerk, Europees (vervolg) \n\nhet verzoek tot inschrijving \n\nmerk, Europees (vervolg) \neen vordering tot nietigverklaring \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n163 \n163 \n163 \n163 \n163 \n\n163 \n\n163 \n163 \n163 \n\nvan een - \n\nde stukken die op het verzoek \ntot inschrijving van een \n- betrekking hebben \n\nde stukken die op het verzoek \ntot inschrijving van een -\nbetrekking hebben ter inzage \ngeven \n\nde bekendmaking van het verzoek \ntot inschrijving van een - \neen kennisgeving aangaande het \n\nde licentie op het - \nde nietigheid van het - \nde nietigheid van het - voor een \n\ndeel van de waren \n\nde nietigheid van het - inroepen/ \n\nvan een - inroepen \n\nde nietigheid van het - wegens \ninbreuk op persoonlijkheids \nrechten \n\nde nietigheid van het - wegens \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n163 \n\n163 \n\n163 \n\n163 \n\noudere merken of andere oudere \nrechten \n\n163 \n\nde nietigheid van het - wegens \n\nabsolute weigeringe greinden voor \nde inschrijving \n\nde exceptie van verval of nietig \n\nheid van een - toelaten \n\nde rechtsgevolgen van de nietig \n\nheid (van het -) \n\n163 \n\n163 \n\n163 \n\nde rechtsvordering omtrent de \n\nnietigheid van een -/van het - 163 \n\nde vervallen verklaring of (de) \nnietigverklaring van het - \nde nietigverklaring van het -\n\nvragen \n\n163 \n\nde behandeling in hoger beroep \n\ninzake de nietigverklaring van \neen - \n\n163 \n\nde eis/de vordering in reconven \n\ntie tot vervallenverklaring of \ntot nietigverklaring van het - 163 \n\ndoor een eis in reconventie tot \nvervallenverklaring of tot \nnietigverklaring van het - \nde beslissing tot gehele of ge \ndeeltelijke nietigverklaring \n(van het -) \n\nde procedure inzake de vervallen \nverklaring of nietigverklaring \nvan het - \n\nde vordering tot nietigverklaring \n\n(van een -) \n\nde vordering tot vervallenverkla \nring of tot nietigverklaring \nvan het -/van een nationaal \nmerk \n\nover de vordering tot vervallen \n\nverklaring of tot nietigverkla \nring van het - is een onherroe \npelijke beslissing gegeven \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\ninstellen/een vordering tot \nnietigverklaring van het -\ninstellen \n\neen vordering tot vervallenver \nklaring of tot nietigverkla \nring van het - instellen \nde vorderingen tot vervallen \n\nverklaring of tot nietigverkla \nring van het - aan een nationale \nrechterlijke instantie die abso \nluut bevoegd is voorbehouden \nin eerste aanleg beslissen over \neen vordering tot vervallen \nverklaring of tot nietigverkla \nring van een - \n\nde onherroepelijke beslissing over \nde vordering tot vervallenver \nklaring of tot nietigverklaring \nvan het - \n\nde rechtsmacht ten aanzien van \n\nvorderingen tot vervallenverkla \nring of tot nietigverklaring \nvan het - aan een nationale \nabsoluut bevoegde rechterlijke \ninstantie voorbehouden \n\neen vordering in reconventie tot \nvervallenverklaring of tot nie \ntigverklaring van het - instel \nlen \n\nde onaantastbaarheid van het -\nde onaantastbaarheid van het -\n\nop het tijdstip van de inschrij \nving \n\nhet ontstaan van het recht op \n\n163 \n\nhet -\n\nde overdracht van het -\nde overgang van het recht op een -\nrechten op het - verkrijgen \nrechten op grond van het -\nde rechthebbende op het -/op een -\nde rechthebbende op het - of diens \n\nlicentiehouder \n\nde vertegenwoordiger van de recht \n\nhebbende op het -\n\nrechtsgevolgen van het -\nde rechtshandelingen inzake -en \nbevoegd zijn om in hoogste aanleg \nkennis te nemen van rechtsvorde \nringen met betrekking tot de -en 163 \n163 \nin strijd zijn met het - \nde vernieuwing van het - \n163 \nde vernieuwing van het - aanvragen 163 \nde inschrijving en de openbaar \n\nmaking van de vernieuwing van \nhet - \n\nhet verval van het - \nhet verval van een - inroepen \nhet verval van het - door niet-\n\ngebruik \n\n163 \n163 \n163 \n\n163 \n\nhet verval van het - wegens gevaar \n\nvoor misleiding van het publiek 163 \n\nhet verval/de nietigheid van het -\nwordt in het -enregister inge \nschreven en in het -enblad bekend \ngemaakt \n\n163 \n\n- 1 1 / ne \n\n-\n\nPE 64. 907 \n\n\fmerk, Europees (vervolg) \n\nmerk, nationaal (vervolg) \n\nhet verval van het - doordat het \neen gebruikelijke benaming is \ngeworden \n\nhet verval van het - voor een \n\ndeel van de waren \n\neen beroep op het verval van het \n\n- doen \n\nde rechtsvordering omtrent het \nverval van een -/van het - \nde vaststelling van het tijd \n\nstip van het verval van het - \nhet verzoek tot vervallenverkla \n\nring van het - \n\neen verzoek tot vervallenverkla \n\nring van het - indienen \nvorderingen betreffende -en/ \n\nvorderingen ten aanzien van \nnationale merken \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\nde waren waarvoor het - is inge \n\nschreven \n\n163 \nde territoriale werking van het - 163 \n163 \nde wijziging van het - \n\nmerk, Europees collectief \n\nhet-/de -en \nhet - inschrijven \nhet - nietig verklaren \nde aan het - verbonden rechten \nde aan het - verbonden rechten \n\nuitoefenen \nhet - vervalt \nde aanvrage van het - \nde aanvrage van het - weigeren \nde weigering van de aanvrage van \n\n162 \n162 \n162 \n162 \n\n162 \n162 \n162 \n162 \n\naanvragen tot inschrijving van \nbestaande -en als Europese \nmerken \n\nde vroeger bestaande -en \nde geldigheid van een - \ninbreuk maken op een - \nde vorderingen inzake inbreuk \n\nop een - \n\nde inschrijving van een - \ninschrijving van het - als \nEuropees merk aanvragen \n\nde procedure tot inschrijving \n\nvan een - \nde nieuwe -en \nde houders van overeenstemmen \n\nde -en \n\nzijn recht op het - handhaven \nin de overeenkomstsluitende \nStaat waarin \n\nvorderingen ten aanzien van \n\n-en \n\nde vordering tot vervallen \nverklaring of tot nietig \nverklaring van een - \n\nmerk, ouder \n\nzich verzetten tegen het ge \n\nbruik van een - of van een \nander ouder recht \nde licenties op het - \nde overdracht van het - \neen ander overeenstemmend - \nde rechten die zijn verbonden \n\naan -en \n\nhet - \n\n162 \nhet gebruik van doorgehaalde -en 162 \nzich tegen de inschrijving van \n\nde rechthebbende op het - \nde rechthebbende op het - of \nhet andere oudere recht \n\n161 \n161 \n163 \n161 \n\n163 \n161 \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n\n163 \n\n163 \n\n161 \n161 \n161 \n161 \n\n161 \n161 \n\n161 \n\nhet - verzetten \n\nbevoegd zijn zich tegen de in \nschrijving van het - te ver \nzetten \n\n162 \n\n162 \n\nde doorhaling van de inschrijving \n\nvan het - \n\n162 \nde nietigheid van een -/van het - 162 \nde nietigheid van een - inroepen 162 \n162 \nde rechten verbonden aan het - \n162 \nde rechthebbende op het - \n162 \nhet Register voor -en \n162 \nhet verval van het - \nde rechtsvordering tot vervallen \n\nverklaring van het - \n\n162 \n\neen rechtsvordering tot vervallen \n\nverklaring van het - instellen 162 \n\nbevoegd zijn een rechtsvordering \ntot vervallenverklaring of tot \nnietigverklaring van een - in \nte stellen \n\nmerk, nationaal \n\nde -en \nde -en in het Europese Merken \n\nregister inschrijven \n\nde aard van de feiten die de -en \n\nhebben doen ontstaan \n\n162 \n\n161 \n\n161 \n\n161 \n\nmerk \n\neen wezenlijk gebruik van een \n\novereenstemmend - maken \n\n161 \n\nverscheidene overeenstemmende \n\n-en van dezelfde rechthebben \nde \n\nde overgang van het - \nhet tenietgaan van het recht \n\nop het - \n\nde rechthebbende op het - \nde rechthebbende op het - of \n\n161 \n161 \n\nlOO \n161 \n\nzijn licentiehouder/of diens \nrechtverkrijgende \n\n161 \n\nde rechthebbende op een - of \n\nzijn rechtsopvolger \n\nzich in een door de rechtheb \nbende op het - ingesteld \ngeding voegen \n\ntezamen met de rechthebbende \n\n161 \n\n161 \n\nop het - een rechtsvordering \ninstellen \n\n161 \n\nin een tegen de rechthebbende \nop het - ingestelde rechts \nvordering tussenbeide komen 161 \n\nde wil van de rechthebbende \n\nop het - \n\n161 \n\n- 12/ne -\n\nPE 64. 907 \n\n\fmerk (vervolg) \n\nmerkenbureau, Europees (vervolg) \n\nhet regionale - \nhet reglement voor het -/ \n\nvan het - \n\neen wijziging van het reglement \n\nvan het - \n\ntekens die als - kunnen dienen \nals vertegenwoordiger inzake \n\n-en optreden \n\nuit hoofde van beroep als ver \ntegenwoordiger inzake -en \noptreden \n\nbelang hebben bij de vervallen \n\nverklaring van het - \n\n161 \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n\n161 \n\nmerkaanvrage, Europese \n\n163 \nde - afwijzen \n163 \ntegen de - bezwaar maken \n163 \n-n indienen \n163 \nde - intrekken \nde -n onderzoeken/behandelen \n163 \nde - openbaar maken/bekend maken 163 \n163 \nde afwijzing van de - \n163 \nhet bezwaar tegen de - \n163 \nde doorzending van de -n \n163 \nde gebreken van de - \n163 \nde indiening van de - \n163 \nde intrekking van de - \nhet onderzoek van de - \n163 \nde mededelingen betreffende het \n\nonderzoek van de - \n\nde openbaarmaking van de - \nde oppositie tegen de - \noudere -n \nde stukken betreffende -n \nde warenlijst van de - \nde wijziging van de - \n\n163 \n163 \n163 \n163 \n163 \n163 \n163 \n\nmerkenbureau, Europees \n\n176 \nhet - \nbij het - hoger beroep instellen 176 \neen hoger beroep bij het - in \n\nde procedures bij het -\nnatuurlijke personen en \n\nrechtspersonen in de proce \ndure voor het - vertegen \nwoordigen \n\nde pubiikaties van het -\nhet Publikatieblad van het -\nhet rechtskarakter van het -\nde rechtspositie van het -\nhet rechtspositiebesluit van \nde ambtenaren en de rege \nling die voor de andere \npersoneelsleden van het -\ngeldt \n\nde uitgaven van het -\nde vertegenwoordigers bij het \n\nde vertegenwoordiging voor \n\nhet -\n\n176 \n\n176 \n176 \n176 \n176 \n176 \n\n176 \n176 \n\n176 \n\n176 \n\nde vertegenwoordiging voor \n\nhet - kan geschieden door \n\n176 \n\nde vice-voorzitter van het - 176 \n176 \nde voorzitter van het - \n176 \nde werkzaamheden van het - \n\nMerkenhof, Europese \n\nhet -\ntegen de beslissing van de. kan bij het - beroep in \ncassatie worden ingesteld \nhet - is bevoegd een prejudi \nci\u00eble beslissing te geven \n\nhet - verzoeken een beslis \n\nsing te geven \n\neen vraag aan het - voor \n\nleggen \n\nberoep in cassatie bij het -\nde prejudici\u00eble beslissing van \n\nhet -\n\n70 \n\n70 \n\n70 \n\n70 \n\n70 \n70 \n\n70 \n\nstellen \n\nnatuurlijke personen die zijn \ningeschreven op een lijst, \nwelke daartoe door het -\nwordt bijgehouden \n\nde dag waarop het - wordt \n\ngeopend \n\nhet tijdstip waarop het - wordt \n\ngeopend \n\nzich voor het - doen vertegen \n\nwoordigen \n\nde contractuele aansprakelijk \n\nheid van het - \n\nde niet-contractuele aansprake \n\nlijkheid van het - \nde begroting van het - \nhet eerste begrotingsjaar van \n\nhet - \n\nde handelingen van het - \nde leiding van het - \nde ontvangsten van het - \nde organen van het - \nde plaats van vestiging van het \n\n176 \n\nmerkenregister, Europees \n\nhet -\nin het - aantekenen \nde mededeling in het - aan \n\ntekenen \n\nin het - inschrijven \nde afstand in het - inschrij \n\nven \n\ndegene die in het - is inge \n\nschreven \n\neen licentie in het - in \n\nschrijven \n\nde nationale merken in het -\n\ninschrijven \n\neen persoon die in het -\n\nis ingeschreven \n\nhet - ligt voor iedereen ter \n\ninzage \n\neen afzonderlijk deel van het \n\nhet Europese merk wordt inge \n\nschreven in het -\n\nde inschrijving in het -\n\n223 \n223 \n\n223 \n223 \n\n223 \n\n223 \n\n223 \n\n223 \n\n223 \n\n223 \n\n223 \n\n223 \n223 \n\n176 \n\n176 \n\n176 \n\n176 \n\n176 \n\n176 \n176 \n\n176 \n176 \n176 \n176 \n176 \n\n176 \n\n- 13/ne -\n\nPE 64. 907 \n\n\fmerkenregister, Europees (vervolg) \neen uittreksel van de inschrij \n\nving van het Europese merk in \nhet - \n\n223 \n\nmiddel \n\nde beschikbare -en \n\nMinisterie \n\nde vertegenwoordiger van het \n\nOpenbaar - \n\nmisbruik \n\nhet - van bevoegdheid \nde mogelijkheden van - in de \nvorm van merkenpiraterij \n\nmisleiden \n\nde consument zou kunnen worden \n\nmisleid \n\nhet publiek - ten aanzien van de \n\naard of de herkomst van de \nwaren \n\nmisleiding \n\nverwarring en - \nde bescherming van de consument \n\ntegen verwarring en - \n\nhet te niet gaan van het werk \n\nwegens een (later opgetreden) \ngevaar voor - \n\nniet-gebruik \n\nbij - \nvia een eis in reconventie de \nverklaring vorderen dat het \nmerk is vervallen of teniet-\ngegaan wegens - \n\nnietigheid \n\nde -s-instanties \nde -skaroer \nde -skaroer geeft z e lf een b e s l i s \n\nsing \n\nde -skamer kan overeenkomstig de \n\neis beslissen \n\nde beslissing van de -skamer \nde beslissing van de -skamer\u00abwaar \nbij is beslist over een hoger \nberoep \n\nde beslissing van de -skamer moet \n\nroet redenen zijn omkleed \n\nde g r i f f ie van de -skaroer \nde -sprocedure \nde - (van het EEG-merk) wegens \n\n268 \n\n268 \n\n269 \n\n269 \n\n269 \n\n271 \n\n10 \n10 \n\nIO \n\n10 \n10 \n\n10 \n\n10 \n10 \n173 \n\nhet bestaan van andere merken en \nandere oudere rechten \n\n173 \n\nde - van het EEG-merk wegens ab \n\nsolute weigeringsgronden \ngeen doorslaggevende bezwaren \n\n173 \n\nnietigverklaring \n\nde - van het merk \nde vorderingen tot vervallen \n\n148 \n\nverklaring of tot - van het \nEuropese merk/van een na \ntionaal merk \n\n173 \n\n92 \n\n164 \n\neen vordering in reconventie \ntot vervallenverklaring of \ntot - is slechts in eerste \naanleg ontvankelijk \n\nniet-vernieuwing \n\nbij - van de inschrijving van \n\n89 \n\nhet merk \n\n1 \n\nonaantastbaarheid \n\nde - van het EEG-merk \nhet beginsel van de -\n\n163 \n\n76 \n\n137 \n137 \n\nona fhankeli jkhe id \n\nde -\nalle waarborgen van - bieden \n\n138 \n138 \n\nona fzetbaarheid \n\nde -\n\nonbevoegdheid \n\nbevoegd zijn uitspraak te \n\ndoen over beroepen wegens \n-, schending van een wezen \nlijk vormvoorschrift \n\nonderdaan \n\n169 \n\nde -\n\nonderdeel \n\nslechts -en van het gedepo \nneerde merk kunnen niet \nworden beschermd \n\nonderneming \n\nde - die haar diensten ver \n\nricht \n\nde fabriek of handels \neen met de aanvrager verbon \n\nden -\n\nonderscheiden \n\nde tekens die in staat zijn \nde waren of diensten van \nde deposant van waren of \ndiensten van anderen te -\n\nonderscheiding \n\nhet merk als -steken \neen duidelijke en onmisken \nbare - van het gewenste \nartikel \n\nonderzoek \n\ntegen de toelating van en beroep \nop de - \n\n274 \n\nde -afdeling \nde -afdeling neemt de behan \n\nde vaststelling van de - van het \n\ndeling over \n\nEEG-merk \n\nhet verval of de - van het EEG-\n\nraerk \n\n170 \n\n173 \n\nde -afdeling wijst het be \n\nzwaar af \n\n- 14/ne -\n\nPE 64. 907 \n\n135 \n\n136 \n\n235 \n\n103 \n\n108 \n111 \n\n108 \n\n94 \n\n132 \n\n93 \n\n112 \n\n97 \n\n97 \n\n\fonderzoek (vervolg) \n\nde -afdeling wijst de Europese \n\nmerkaanvrage af \n\nde overgang van de behandeling \n\nnaar de -afdeling \n\nde -instantie \neen - naar oudere rechten doen \n\nplaatsvinden \n\nhet ambtshalve - naar oudere \n\nrechten \n\nde -sectie/-instantie \nde -sectie beslist over het ver \nzoek zonder partijen te horen \nde mededeling betreffende het - \nde mededelingen betreffende het \n\n112 \n242 \n\n242 \n112 \n\n- (van de Europese merkaanvrage)171 \n\nde kennisgeving naar aanleiding \n\nvan het - \n\n112 \n\neen schadelijk effect van het \n\nresultaat van het - voorkomen \n\n196 \n\nonderzoeker \n\nde -\nde rechtskundige -\n\nontvangst \n\nde - van een verzoek tot ver \n\nklaring \n\nde rechtmatigheid en de regel \nmatigheid van de -en en uit \ngaven nagaan \n\nonverlet \n\n- laten \n\noogmerk \n\nzonder eigen gebruiks- systema \n\ntisch de inschrijving aanvragen \nvan merken met het oog op de \nhandel in die merken \n\noplossing \n\neen minnelijke - zoeken \n\nopposant \nde -\n\n113 \n113 \n\n86 \n\n215 \n\n20 \n\n146 \n\n107 \n\n181 \n\noppositie \n\n182 \nde -procedure \nde beperking van het recht van - 182 \n\noproepen \n\nbehoorlijk -\n\noproeping \n\neen openbare -\n\norde \n\n17 \n\n252 \n\nin strijd zijn met de grondbegin \n\nselen van de openbare - \n\nhet merk dat in strijd is met de \ngoede zeden of de openbare - \n\n184 \n\n184 \n\nonverdraagzaamheid \n\nhet principe van de vrije - (van \n\nhet merk) \n\n38 \n\noverdracht \n\nde akte van -\n\noverdragen \n\nhet merk kan worden overge \n\ndragen \n\n97 \n\n97 \n112 \n\n216 \n\novereenkomst \n\n38 \n\n36 \n\n15 \n\nde - van Madrid betreffende \n\nde internationale inschrij \nving van fabrieks- of han \ndelsmerken van 1891 \n\nde - van Nice van 15 juni 1957 \nbetreffende de internationa \nle classificatie van de waren \nen diensten waarop fabrieks-\nof handelsmerken betrekking \nhebben \n\n15 \n\n-en sluiten aangaande de uit \nwisseling van publikaties \n\nde uit de toelating voort \n\nvloeiende aanpassing van \ndeze -\n\nassociatie bij deze - krach \n\ntens een bijzondere -\n\nde herziening van de -\nde internationale -\nde licentie\u2014 \nde licentie\u2014en \ntoetreding tot deze -\nvoorontwerp van - inzake een \n\nEuropees merkenrecht \n\n67 \n\n2 \n67 \n2 \n64 \n213 \n67 \n\n67 \n\novereenstemming \n\nde - (van het Europees merk) \n\nmet het oudere merk \n\n234 \n\noverheid \n\nde -sinstanties \n\npapier \n\nhet gebruik van het merk op \nzaken-en en in de reclame \n\npartij \n\neen - \nde -en in de beroepsproce \n\ndure \n\nde -en bij de overeenkomst \nde belanghebbende - \nhet bewijsaanbod van -en \nhet geschil tussen de -en in \nde verklaringsprocedure \n\nhet horen van -en \nde persoonlijke verschijning \n\nvan -en \n\npersoon \n\nde betrokken - \nnatuurlijke -en die zijn in \ngeschreven op een lijst, \nwelke daartoe door het Euro \npese Merkenbureau wordt bij \ngehouden \n\n187 \n\n189 \n\n189 \n190 \n190 \n189 \n\n190 \n190 \n\n190 \n\n192 \n\n192 \n\n- 15/ne -\n\nPE 64. 907 \n\n\fpersoon (vervolg) \n\nproduktie \n\nnatuurlijke -en en rechts-en \neen natuurlijke of rechts- \n\n192 \n192 \n\nde industri\u00eble massa-\n\n121 \n\npiraterij \n\npublikatie \n\nde - van de inschrijving van \n\nde mogelijkheden van misbruik in \n\nde vorm van merken- \n\n193 \n\nhet Europese merk \nde uitwisseling van -s \n\nplaats \n\nRaad \n\nzijn - van vestiging hebben \n\n246 \n\nde - van bestuur \n\nplaatsopneming \n\nde gerechtelijke - \n\nprioriteit \n\nhet -sbeginsel \n\nprivaatrecht \n\nde beginselen van het inter \n\nnationaal - \n\nprocedure \n\nde - in beroep \neen - die tot een beslissing \n\nheeft geleid \n\nde - inzake inbreuk op een \n\nEuropees merk \n\nde - inzake inbreuk op het Euro \n\npese merk schorsen \nbij een - partij zijn \nde - van verklaring voor recht \nde - bij een vordering inzake \n\ninbreuk \n\nde -voorschriften \nschending van - of vormvoor \n\n87 \n\n200 \n\nlOO \n\n202 \n\n202 \n\n202 \n\n202 \n202 \n202 \n\n202 \n202 \n\nschriften van wezenlijke aard \n\n202 \n\nde - wegens inbreuk op een EEG-\n\nmerk \n\n202 \nde invoering van een arbitrale - 202 \nschending van wezenlijke bepa \n\nlingen betreffende de - of van \nwezenlijke vormvoorschriften \n\n13 \n202 \nde beroeps- \n202 \nde partijen bij de beroeps- \n202 \nde deelnemers aan de - \n202 \nde inbreuk- \nde inschrijvings-/registratie- \n202 \nhet instellen van de nationale - 202 \nde nietigheids- \n4 \n202 \nde oppositie- \nde vereenvoudiging van de \n\nregistratie- \nde schendings- \ngezien de stand van de - \neen geschil tussen de partijen \n\nin de verklarings- \n\nde nationale registratie- en \n\nverzets-s \n\n202 \n4,65 \n202 \n\n202 \n\n202 \n\nproces \n\nhet merkenrechtelijke - \n\n59 \n\nprodukt \n\nhet qua kwaliteit en aard gelijke \n\n- opnieuw kopen \n\n203 \n\n208 \n208 \n\n176 \n\n199 \n\n117 \n\nlOO \nlOO \n\nlOO \n\n\u00ccOO \n\n\u00ccOO \n110 \n\n\u00ccOO \n\n34 \n\u00ccOO \n\u00ccOO \n\n100 \n\nramen \n\ngeraamd worden \n\nrapport \n\nhet deskundigen-\n\nrecht \n\nhet - geven zich te verzetten \nin zijn -en herstellen \nhet - inzake oneerlijke con \n\ncurrentie \n\n-en op merken of andere \n\ntekens \n\nde beperking van het - van \n\noppositie \nin -e optreden \nde -en die zijn verbonden aan \n\noudere merken \n\nin en buiten -e vertegen \n\nwoordigen \n\n- van voorrang genieten \neen - van voorrang toekennen \neen beroep op het - van voor. rang \n\nde -en die voortvloeien uit \n\nhet EEG-merk \n\neen auteurs-\nuniforme en autonome bescher \n\nmende -en in het leven \nroepen \n\nde nationale beschermende -en \nhet civiel-\nde industri\u00eble eigendoms-en \nhet merk wordt als exclusief \n- van een producent of een \nhandelsonderneming erkend \nen beschermd \n\nhet handels-\nhet mededingings \neen merken- dat op het gehele \ngebied van de Gemeenschap \ngeldt \n\neen merken- in het leven \n\nroepen \n\nde harmonisatie van het \n\nmerken- der Lid-Staten \nde territoriale beperking \n\nvan het merken-\n\nhet communautair merken-\nhet Europese merken-\nverbeteringen die kunnen \n\nstrekken tot vervolmaking \nvan het Europese merken-\n\nhet materi\u00eble merken-\n\nlOO \nloo \n\n261 \n261 \nlOO \n100 \n\nlOO \n100 \nlOO \n\n10O \n\nloo \n\nloo \n\n100 \n100 \n100 \n\nloo \n100 \n\n- 16/ne -\n\nPE 64. 907 \n\n\frecht (vervolg) \n\nna inschrijving vindt een verlies \n\nvan het merken- plaats \n\noudere -en \neen ander ouder -\nandere oudere -en \nde beperking van oudere -en \nbeperkingen van de vrije beschik \n\nking over oudere -en \n\neen onderzoek naar oudere -en \n\ndoen plaatsvinden \n\nhet ambtshalve onderzoek naar \n\noudere -en \n\nhet toepasselijk -\neen uitsluitend -\nuitsluitend -en verschaffen \neen verantwoorde verdediging van \n\nde -en \n\nrechthebbende \n\nde -\nde - moet verklaren dat hij het \n\nmerk heeft gebruikt \nde oppositie van de -n \nhet recht tot voortzetting van \n\nhet gebruik door -n op oudere \nrechten \n\nde tegenwoordige -\nde vroegere -\n\n100 \n100 \n100 \n100 \nlOO \n\n100 \n\n12 \n\n100 \n100 \n100 \n100 \n\n100 \n\n2 62 \n\n2 62 \n262 \n\n262 \n2 62 \n262 \n\nrechtshandeling \n\neen eenzijdige -\n\nrechtskring \n\nrechtsvordering (vervolg) \n\nbevoegd zijn een - tot ver \nvallenverklaring of tot \nnietigverklaring van een \nEuropees collectief merk \nin te stellen \n\nde bepalingen van burger \n\nlijke -\n\nde bevoegdheid van de natio \nnale instanties tot het \ninstellen van een -\n\nin een tegen de rechthebbende \n\nop het merk ingestelde -\ntussenbeide komen \n\nbevoegd zijn om in hoogste \naanleg kennis te nemen \nvan -en m et betrekking tot \nde Europese merken \n\nrechtsvorm \n\nde \n\nvan een EEG-merk \n\nrechtverkrijgende \n\nde -\n\nreclame \n\n202 \n\n100 \n\n63' \n\n26 \n\nhet gebruik van het merk op \nzakenpapieren en in de - \n\n209 \n\nreden \n\n166 \neen gegronde - \nzonder geldige - \n166 \ngeldige -en voor niet-gebruik 166 \n166 \nzonder wettige - \n\nde co\u00ebxistentie van de beide -en \n\ncommunautaire en natio \n\nreferentie \n\nnale merkenrechten \n\nrechtskundig \nhet - lid \n\nrechtsmiddel \n\n100 \n\n151 \n\nin geval dat het beschermde \nmerk wordt gebruikt voor \naanhakende - of voor andere \noneerlijke doeleinden \n\nregeling \n\nhet verlies van de mogelijkheid \n\neen - in te stellen \n\n218 \n\nde - van het merkenrecht \nde - voor de overige perso \n\nrechtspersoonlijkheid \n\n- hebben \n\nneelsleden \n\n191 \n\nregister \n\nrechtspositie \n\nhet -besluit van de ambtenaren \n\nvaststellen \n\nrechtsvordering \n\nde - wegens inbreuk op \neen - instellen \ntezamen m et de rechthebbende op \n\nhet merk een - instellen \n\n254 \n\n4 \n4 \n\nde - omtrent de nietigheid van het \n\nEuropese merk \n\nde - omtrent het verval van een \n\nEuropees merk \n\nde - tot vervallenverklaring van \nhet Europese collectieve merk \neen - tot vervallenverklaring van \nhet Europese collectieve merk \ninstellen \n\nhet - voor Europese collec \n\ntieve merken \nhet EEG-merken\u2014 \n\nregistratie \n\nde vereenvoudiging van de \n\n\u2014procedure \n\nregistreerbaar \n\nde in de toekomst -e tekens \n\n105 \n\nreglement \n\nhet - kunnen inzien \nhet - voor het merk/van het \n\nmerk \n\n224 \n\n224 \n\nhet - betreffende de ver \n\nschuldigde rechten dat ter \nuitvoering van deze overeen \nkomst is gemaakt \n\n224 \n\n220 \n\n225 \n\n222 \n\n223 \n223 \n\n86 \n\n- 17/ne -\n\nPE 64. 907 \n\n\freglement (vervolg) \n\neen met het - strijdig gebruik \nhet - betreffende de verschul \ndigde taksen ter uitvoering \nvan deze overeenkomst \n\nhet - tot uitvoering van deze \n\novereenkomst \n\nhet financi\u00eble - vaststellen \ninzage in het - \neen wijziging van het - van het \n\nwerk \n\nde wijziging van het merk- \niedere mededeling van een wijzi \n\nging van het - \n\nrekeneenheid \n\nde - \n\nrekening \n\n- en verantwoording afleggen \nde -en nazien \nde -en en de financi\u00eble balans \n\nvoorleggen \n\nde goedkeuring van de -en \n\n224 \n\n224 \n\n224 \n224 \n224 \n\n224 \n224 \n\n224 \n\n270 \n\n54 \n54 \n\n54 \n54 \n\nstempel \nde -\n\nstrijd \n\nin - zijn met \n\nstroman \n\n33 \n\n59 \n\ndoor middel van een -\n\n192 \n\nsysteem \n\nhet - van merkenrechtelijke \nbescherming van de Gemeen \nschap \n\nhet Europese merken-\nhet Europese merkenrechte \n\nli jke -\n\n255 \n255 \n\n255 \n\nde verschillen in de na \n\ntionale merkenrechtelijke \n-en \n\n153 \n\ntaal \n\nde - van de vertaling \nde - waarin de procedure \n\nwordt gevoerd \n\nde offici\u00eble -\n\nreservefonds \n\nde vorming en instandhouding van \n\ntaks \n\neen - \n\nsaldo \n\n126 \n\nde beschikbare saldi worden gede \nponeerd bij de schatkisten van \nde overeenkomstsluitende staten 251 \n\nschadevergoeding \n\nde verbods- en -saet\u00edes \n\n99 \n\nschatkist \n\nde beschikbare saldi worden gede \nponeerd bij de -en van de over \neenkomstsluitende staten \n\n266 \n\nschending \n\nbevoegd zijn uitspraak te doen \n\nover beroepen wegens onbevoegd \nheid, - van een wezenlijk vorm \nvoorschrift \n\nschrift \n\nhet b e r o e p s- \n\ns c h r ij ffout \n\n-en en o n j u i s te u i t d r u k k i n g en \n\nv e r b e t e r en \n\nschuld \n\nde v e r e i s te -\n\nstelsel \n\n2 75 \n\n3 \n\n109 \n\n146 \n\n152 \n\n152 \n152 \n\n256 \n256 \n\n256 \n256 \n256 \n\n256 \n256 \n256 \n\n256 \n\n256 \n\n256 \n256 \n256 \n256 \n\n256 \n\n256 \n\nde -\nde - voor het beroep \nde betaling van de - voor \n\nberoep \n\nde -en voor de inschrijving \nde - per klasse \nde -en voor de openbaar \nmaking en het drukken \n\nde - voor oppositie \n-en verschuldigen \nde -en verschuldigd voor de \n\nvernieuwing \n\nde voor het instellen van \nhet beroep betaalde -\nde voor het instellen van \nhet beroep betaalde -\nterugbetalen \nde indienings-\nde vernieuwings-en \nde vernieuwings-en betalen \nde niet-betaling van de ver-\n\nn ieuwings-en \n\nde vervaldatum van de ver \n\nnieuwings-en \n\nde -en vastgesteld/de -\n\nvoorgeschreven/de - vastge \nsteld in het Reglement be \ntreffende de verschuldigde \n-en dat ter/dat tot uit \nvoering van deze overeen \nkomst is gemaakt \n\n256 \n\nde r e l a t ie tussen m e e r d e re na \n\nteken \n\nt i o n a le r e c h t s -8 \n\nm e r k en uit v e r s c h i l l e n de \n\nr e c h t s -8 \n\n184 \n\n255 \n\n-s, die in een afwijkende \n\nverschijningsvorm (in woord \nen beeld) worden gebruikt 247 \n\n- 18/ne -\n\nPE 64. 907 \n\n\fteken (vervolg) \n\nuitgaven (vervolg) \n\nde -s die in staat zijn de waren \nof diensten van de deposant \nvan waren of diensten van an \nderen te onderscheiden \n\nniet-geregistreerde merken en \n\nandere -s \n\neen in het economisch verkeer \n\ngebruikt - \nidentieke -s \nde inschrijving van misleidende \n\n-s \n\nhet merk als onderscheidings- \neen daarmee overeenstemmend - \nhet gebruik van het merk of een \n\novereenstemmend - \n\nde in de toekomst registreerbare \n\n-s \n\nbeeld- en woord-s \n\ntenietgaan \n\nhet - van het merk \nhet - van het merk wegens een \n\n(later opgetreden) gevaar voor \nmisleiding \n\nhet - van geheel of ten dele \n\nniet gebruikte merken \n\ntenuitvoerlegging \nde gedwongen -\nde gedwongen - verwezenlijken \n\ntermijn \n\neen - verlengen \nde - van voorrang \nhet verstrijken van de -\n\nterritorialiteit \n\nhet beginsel van de -\n\ntitel \n\nde echtheid van de -\neen executoriale -\n\ntransformatie \n\nde - van oudere nationale merken \n\ntot EEG-depots \n\ntreaty \n\nhet \"Trademark Registration \n\nTreaty\" (TRT) \n\ntrouw \n\nte kwader \n\nzijn \n\nuitdrukkingen \n\nde rechtmatigheid en de regel \n\nmatigheid van de ontvangsten \nen - nagaan \n\n83 \n\nuitkomst \n\neen - op het gebied van de \n\nnijverheid opleveren \n\n237 \n\nuitspraak \n\n- doen over elk beroep \n\ntegen \n\nde beslissing van de kamer \nvan beroep, waarbij over \neen beroep - is gedaan \n\n253 \n\n253 \n\nuniciteit \n\nde principes van - en auto \nnomie van het EEG-merk \n\n270 \n\nuser \n\nhet rechtsinstituut van de \n\"honest concurrent user\" \n\nverantwoordelijkheid \nonder zijn eigen - \n\n272 \n\n233 \n\nverbinden \n\niemand die m et \nis verbonden \n\nverbod \n\neconomisch \n\n192 \n\nde - s- en schadevergoedings \n\nacties \n\nverdeelsleutel \n\nde - \n\n37 \n\n43 \n\n247 \n\n247 \n\n247 \n247 \n\n161 \n247 \n247 \n\n247 \n\n247 \n247 \n\n119 \n\n74 \n\n211 \n\n115 \n115 \n\n78 \n78 \n78 \n\n259 \n\nverdeling \n\nde - van goederen en diensten \n\n46 \n\n2 61 \n2 61 \n\n265 \n\n2 64 \n\n124 \n\nverdrag \n\nhet - van Parijs tot bescher \nming van de industri\u00eble \neigendom \n\nhet Unie- van Parijs tot be \n\nscherming van de industri\u00eble \neigendom van 1883 \n\ntweezijdige- of meerzijdige \n\n-en \n\nv e r e n i g i ng \n\n67 \n\n67 \n\n264 \n\ninternationale - tot bescher \nming van de industri\u00eble \neigendom (AIPPI) \n\n19 \n\nschrijffouten en onjuiste -\n\nvergissing \n\nverbeteren \n\n109 \n\nkennelijke -en verbeteren \n\n122 \n\nuitgaven \n\n- goedkeuren \nde dekking van de - \nde goedkeuring van de - \nde in de begroting opgenomen - \nde personeels- \n\n83 \n83 \n83 \n83 \n83 \n\nvergoeding \n\n- van elke schade vorderen \n\nwelke \n\nmochten lijden \n\n229 \n\nverkeer \n\nin het - brengen \n\n45 \n\n- 19/ne -\n\nPE 64. 907 \n\n\f204 \n\nverwarring \n\nverkeer (vervolg) \n\nverval \n\nhet vrije - van merkartikelen en \n\ndiensten onder bepaalde merken 15 6 \n\nhet principe van het vrije - van \n\nmerkartikelen \n\nverklaring \n\nde procedure tot - voor recht \nde kosten van de procedure tot -\n\nvoor recht \n\nde ontvangst van een verzoek \n\n42 \n\n62 \n\n62 \n\nhet - van het EEG-merk \nhet - van het EEG-merk door \ndat het een gebruikelijke \nbenaming is geworden \n\nhet - of de nietigheid van \n\nhet EEG-merk \n\n74 \n\n74 \n\n74 \n\nde rechtsvordering omtrent \n\nhet - van een Europees merk \n\nde rechtsgevolgen van het -\n\n74 \n163 \n\n62 \n\nvervallenverklaring \n\ntot - \n\nverkoper \n\nde fabrikanten en -s van merk \n\nartikelen \n\nverlengingskosten \n\nde betaling van - \n\nvermogen \n\nhet Europese merk als deel van \n\n95 \n\n228 \n\nhet - \n\nvernietigen \n\nde bestreden beslissing geheel \n\nof gedeeltelijk - \n\nvernieuwing \n\nhet verzoek tot - \n\nverschil \n\n11 \n\n228 \n\nde -len in de nationale raerken-\n\nrechtelijke systemen \n\n91 \n\nverslag \n\nhet - over de werkzaamheden \n\n213 \n\nvertegenwoordigen \n\nnatuurlijke personen en rechts \n\npersonen in de procedure voor \nhet Europese Merkenbureau - \n\nvertegenwoordiger \n\nde - \neen - aanstellen \nals - inzake roerken optreden \nuit hoofde van beroep als -\ninzake roerken optreden \n\nbij het Europese Merkenbureau als \n\n-s mogen optreden \n\niedere ingeschreven - wiens vol \n\nmacht is ge\u00ebindigd \n\nvertegenwoordig ing \n\nmeer dan \u00e9\u00e9n lasthebber roet de -\n\nbelasten \n\n- uit hoofde van beroep \nde -sbevoegdheid \nde - voor het Europese Merken \n\nbureau \n\n230 \n230 \n231 \n\n231 \n\n231 \n\n230 \n\n231 \n231 \n231 \n\n231 \n\nde - voor het Europese Merken \n\nbureau kan geschieden door. 231 \n231 \n\nde verplichte - \n\nde vorderingen tot -\neen rechtsvordering tot -\n\nvan het Europese collectieve \nmerk instellen \n\nde vordering tot - intrekken \neen vordering in reconventie \ntot - of tot nietigverkla \nring is slechts in eerste \naanleg ontvankelijk \n\n74 \n\n74 \n74 \n\n- en misleiding \nde bescherming van de consu \n\nment tegen - en misleiding \n\nhet gevaar van -\nhet gevaar voor - (volledig) \n\nuitsluiten \n\nhet begrip \"gevaar voor -\" \nde mogelijkheid van - in het \neconomische verkeer niet \nuitsluiten \n\nverweer \n\n- voeren \n\nverwerking \n\nde gevallen van -\n\nverwijdering \n\n163 \n\n109 \n\n60 \n60 \n\n60 \n60 \n\n60 \n\n174 \n\n263 \n\nverzoek \nhet -\nhet - wordt geacht niet te \nhebben plaatsgevonden \n\nover/omtrent het - beslissen \nzonder partijen te horen \n\neen - indienen \neen - instellen \nhet - is niet ontvankelijk \neen - tot nietigverklaring \nvan een Europees merk \neen - tot nietigverklaring \nvan een Europees merk in \ndienen \n\neen - met redenen omkleden \n- tot omzetting \nhet - is ontvankelijk \neen - tot verklaring \nde ontvangst van een - tot \n\nverklaring \n\n141 \n\n232 \n\n232 \n232 \n232 \n80 \n\n218 \n\n218 \n232 \n232 \n232 \n80 \n\n80 \n\n231 \n\nde - van ongebruikte merken \n\nuit het EEG-merkenregister \n\n211 \n\n- 20/ne -\n\nPE 64. 907 \n\n\fverzoek (vervolg) \n\nde afwijzing van een -\nde indiening van het -\nde ontvangst van een -\n\nverzoeker \n\nling \n\nde -\neen door de - verrichte hande \n\ntegen de - een vordering inzake \n\ninbreuk instellen \n\n232 \n232 \n232 \n\n81 \n\n81 \n\n81 \n\nvolmacht \n\neen schriftelijke - overleggen \n\n195 \n\nvoorrang \n\nde - van een vroeger depot in \n\nroepen \n\nhet inroepen van de -\nrecht van - genieten \nhet recht van - toekennen \nhet recht de - in te roepen ver \n\nvalt \n\nhet beroep op het recht van -\nde termijn van -\nde verklaring van -\neen verklaring van - overleggen \n\nvoorrecht \n\nde -en en de vrijheden genieten \ndie ter vervulling van hun \ntaken nodig zijn \n\n200 \n200 \n200 \n200 \n\n200 \n200 \n200 \n200 \n200 \n\n201 \n\nvoorwaarde \n\nde uiteenlopende juridische -n \n\n58 \n\nvordering \nals -\ntegen de verzoeker een - inzake \n\n114 \n\ninbreuk instellen \n\nde -en inzake inbreuk op een \n\nEuropees merk/op een nationaal \nmerk \n\nover de - inzake inbreuk (op het \n\nEuropese merk) beslissen \n\nde beslissing over de - inzake \ninbreuk op het Europese merk \nde rechtsmacht inzake -en wegens \n\ninbreuk op een Europees merk aan \neen nationale absoluut bevoegde \nrechterlijke instantie toekennen \n\nde procedure bij een - inzake in \n\nbreuk \n\n-en instellen \neen - instellen tegen \n-en betreffende Europese merken/ \n-en ten aanzien van nationale \n\nmerken \n\n-en met betrekking tot nationale \ncollectieve merken instellen \n\neen - tot nietigverklaring in \n\nde - tot nietigverklaring in \n\nstellen \n\ntrekken \n\nde - tot nietigverklaring (van een \n\nEuropees merk) \n\n4 \n\n4 \n\n4 \n\n4 \n\n4 \n\n4 \n80 \n4 \n\n4 \n\n4 \n\n4 \n\n4 \n\n4 \n\nvordering (vervolg) \n\neen - tot nietigverklaring van \n\nhet Europese merk instellen 4 \n\nde - ontvankelijk of kennelijk \n\nongegrond achten \n\nde - in reconventie tot nietig-\n\n4 \n\n4 \n\n4 \n4 \n\n4 \n\nde beslissing over de - in \n\nverklaring \n\nreconventie \n\ndoor een - in reconventie \nde eis/de - in reconventie tot \nvervallenverklaring of tot \nnietigverklaring van het \nEuropese merk \n\neen - in reconventie tot ver \nvallenverklaring of tot \nnietigverklaring van het \nEuropese merk instellen \neen - in reconventie tot ver-\nvallenverklaring of tot \nnietigverklaring is slechts \nin eerste aanleg ontvankelijk 4 \n4 \n\nde - tot vervallenverklaring \nde - tot vervallenverklaring \n\n4 \n\nintrekken \n\nde -en tot vervallenverklaring \nof tot nietigverklaring van \nhet Europese merk/van een \nnationaal merk \n\nover de - tot vervallenverkla \n\nring of tot nietigverklaring \nvan het Europese merk is een \nonherroepelijke beslissing \ngegeven \n\n4 \n\n4 \n\n4 \n\neen - tot vervallenverklaring \nof tot nietigverklaring van \nhet Europese merk instellen 4 \n\nde -en tot vervallenverklaring \nof tot nietigverklaring van \nhet Europese merk aan een \nnationale rechterlijke in \nstantie die absoluut bevoegd \nis voorbehouden \n\n4 \n\nde onherroepelijke beslissing \nover de - tot vervallenver \nklaring of tot nietigver-\nklaring van het Europese merk 4 \n\nde rechtsmacht ten aanzien van \n-en tot vervallenverklaring \nof tot nietigverklaring van \nhet Europese merk aan een na \ntionale absoluut bevoegde \nrechterlijke instantie voor-\nbehouden \n\nhet indienen van de - \nde licentienemer in kennis \n\nstellen van het indienen van \nde - \n\nvorm \n\n4 \n4 \n\n4 \n\n-en die door de aard van de \nwaar zelf worden bepaald \nde schending van wezenlijke \nbepalingen betreffende de \nprocedure of van wezenlijke \n-voorschriften \n\n127 \n\n127 \n\n- 21/ne -\n\nPE 64. 907 \n\n\fvorm (vervolg) \n\nde -en van waren of van verpak- \n\nkingen \n\nvraag \n\neen - aan het Europese Merkenhof \n\nvoorleggen \n\nvrijheid \n\nde voorrechten en de -en genieten \n\ndie ter vervulling van hun \ntaken nodig zijn \n\nwraken \n\n127 \n\nde leden van de kamers van be\u00ad\nroep of van de nietigheids-\nkamers - \n\n219 \n\n239 zeden \n\nin strijd zijn met de goede - 165 \nhet merk dat in strijd is met \nde goede - of de openbare \norde \n,, \nzekerheid \n\n165 \n\n134 ,. waarborgen \n\nhet merk alleen zou de werkelijke \nherkomst van het produkt niet \nmeer - \n\n129 \n\nwaarborging \n\nde - van een eerlijke mededinging 129 \n\n- stellen \n- stellen voor de kosten van \n\nhet geding \n\nhet bedrag van de - \nde rechts- \naan de behoeften van een zo \n\n9r o\u00b0* \u00bbogeliDke rechts-\nbeantwoorden \n\nwaren \n~~de~- die van het merk zijn voor-. \u201e. \u201e \nzi en \n\n, _. zelfstandigheid \n\n-\u039b, met administratieve en finan\u00ad\n203 \n\n,_. ciele \u2014 \n\n35 \n\n35 \n35 \n243 \n\n243 \n\n23 \n\nde - van een onderneming \n203 \neconomisch zeer gelijksoortige - 203 \nhet publiek misleiden ten aan\u00ad\n\nzien van de aard of de herkomst \nvan de - \n\n203 \n\ndezelfde gelijke of soortgelijke \n\nindien de toestand van de - is \ngewijzigd of verslechterd \n\nwederkerigheid \n\nde - toestaan \nop basis van - (toekennen) \n\nweg \n\nniet in de - staan aan \n\nweigering \n\nde - van aanvragen (van merken) 226 \nde nietigheid van het EEG-merk \nwegens absolute -sgronden \nhet onderzoek naar absolute \n\n221 \n\n-sgronden \n\nde - van het merk \n\n203 \n\n203 \n\n217 \n217 \n\n180 \n\n221 \n221 \n\nwerkdag \nde - \n\nwerken \n\ntegenover derden - \n\nwerking \n\nde - strekt zich uit \n\nwetgeving \n\nde nationale merken-en \n\nwoonplaats \n\nzijn - hebben \n- kiezen \n\n150 \n\n180 \n\n102 \n\n153 \n\n98 \n98 \n\n- 22/ne - \n\nPE 64. 907 \n\n\fadgang \n\nnationale myndigheders klage-\n\n100 \n\nadskille \n\nm\u00e6rker, der er egnede til \n\nat - anmelderens varer eller \ntjenesteydelser fra andres \nvarer og tjenesteydelser \n\nafbildning \n\nafdeling \n\n-en for administration af \n\nvarem\u00e6rker \n\nden administrative - \ngransknings-en \ngransknings-en afsl\u00e5r anmel= \n\ndelsen \n\ngransknings-en afviser ind= \n\nsigelsen \n\nsagens behandling/sagen over= \n\ng\u00e5r til gransknings-en \n\nsagsbehandlingens overgang til \n\ngransknings-en \n\nafgift \n-en \nafkr\u00e6ve -er \nanmeldelses- \nappel- \nbetale appel-en \ntilbagebetale appel-en \n-en for bekendtg\u00f8relsen og \ntrykningsomkostningerne \nde fastsatte -er i afgifts= \n\nregulativet til denne \nkonvention \n\nden fastsatte - i afgiftsre= \n\ngulativet til denne konven= \ntion \n\nden -, der er fastsat i af= \n\ngiftsregulativet til denne \nkonvention \nfornyelses-er \n-er for fornyelse \nmanglende betaling af for= \n\n94 \n\n88 \n\n97 \n97 \n97 \n\n97 \n\n97 \n\n97 \n\n97 \n\n256 \n256 \n256 \n256 \n256 \n256 \n\n256 \n\n256 \n256 \n256 \n\nnyelses-er \n\n256 \nforfaldstid for fornyelses-er 256 \nindbetale fornyelses-er/-ge= \n\nbyrer \n\nindsigelses- \nklasse- \nregistrerings- \nvare- \n\nafgcire \n\nannullationskammeret kan -\nsagen efter p\u00e5standen \nDen Europ\u00e6iske Domstol for \n\n256 \n256 \n256 \n256 \n256 \n\n253 \n\nVarem\u00e6rkesager er kompetent \ntil at - sp\u00f8rgsm\u00e5l \n\n253 \n\nafg\u00f8re (forts. ) \n\ni f\u00f8rste instans - et s\u00f8gsm\u00e5l \nom fortabelse eller ugyl= \ndighed af et europ\u00e6isk vare= \nm\u00e6rke \n\n253 \n\nafg\u00f8relse \n\nannullationskammerets - i en \n\nappelsag \n\nannullationskammeret tr\u00e6ffer \n\nselv - i sagen \n\nden -, appelkammeret tr\u00e6ffer \n\nefter appel \n- i appelsager \nunder. henh\u00f8rer -r i appel= \n\nsager \n\nde -r, som. tr\u00e6ffer kan/ \n\nafg\u00f8relser kan p\u00e5klages til \nDen Europ\u00e6iske Domstol for \nVarem\u00e6rkesager \n\nanmode Den Europ\u00e6iske Domstol \nfor Varem\u00e6rkesager om at \ntr\u00e6ffe - \n\np\u00e5klage -r til Den Europ\u00e6iske \nDomstol for Varem\u00e6rkesager \n\nforkyndelsen af -n \ngranskningssektionens/den ad= \nministrative afdelings - \n\n253 \n\n253 \n\n253 \n75 \n\n253 \n\n194 \n\n25 3 \n\n194 \n75 \n\n75 \n218 \n253 \n75 \n\n-r. er inappellable \n-n af kontras\u00f8gsm\u00e5let \nmeddelelsen om -n \npr\u00e6judiciel - af Den europ\u00e6iske \nDomstol for Varem\u00e6rkesager \n\n75 \n75 \nden p\u00e5klagede - \nforkyndelsen af den p\u00e5klagede - 75 \noph\u00e6ve den p\u00e5klagede - helt \n\n256 \n\neller delvis \n\ndet organ, der har truffet den \n\np\u00e5klagede - \n\n256 \n\n- af s\u00f8gsm\u00e5let om kr\u00e6nkelse \n\n75 \n\n75 \n\naf det europ\u00e6iske varem\u00e6rke 253 \n\nden endelige - af s\u00f8gsm\u00e5let om \n\nfortabelse eller ugyldighed af \ndet europ\u00e6iske varem\u00e6rke \n\ntr\u00e6ffe - \ntr\u00e6ffe - om appellen uden \n\nafh\u00f8ring \n\ntr\u00e6ffe - om beg\u00e6ringen uden \n\nafh\u00f8ring \n\nafh\u00f8ring \n\ntr\u00e6ffe afg\u00f8relse om appellen/ \n\nbeg\u00e6ringen uden - \n\n-en ved appelkamrene og ved \n\nannullationskamrene er of= \nfentlig \n\n-en ved. er ikke offentlig \n- af parterne \ntidspunktet for -en \n- af vidner \n\n253 \n253 \n\n253 \n\n253 \n\n22 \n\n22 \n\n22 \n22 \n22 \n22 \n198 \n\n- l/da -\n\nPE 64. 907 \n\n\fafkald \n\nvarem\u00e6rkets oph\u00f8r n\u00e5r indehave= \n\nren giver - p\u00e5 varem\u00e6rket \n\n227 \n\na f skr i ft \n\nforel\u00e6ggelse af bekr\u00e6ftede \n\n-er \n\nafslag \n\n- p\u00e5 anmeldelser \n\nafsl\u00e5 \n\net varem\u00e6rke, hvis registre= \n\nring -s \n\naftale \n\nbilaterale eller multilate= \n\nrale -r \nen licens- \nslutte - om udvikling af pu= \n\nblikationer \n\naftryk \n\nagent \n\nanbringelse \n\n68 \n\n226 \n\n221 \n\n264 \n64 \n\n2 \n\n104 \n\n6 \n\nn\u00e5r - af m\u00e6rket ikke er mulig \n-n af det beskyttede m\u00e6rke \n\n14 \n\np\u00e5 varen \n\n14,161 \n\nandragende \n\nrepr\u00e6sentere det f\u00f8rste -\n\nanerkendelse \n\nans\u00f8gning om -\n-eprocedure \nomkostninger i forbindelse \n\nmed -sproceduren \n\nangivelse \n\nen beskrivende -\nbrug af beskrivende -r \n\nanklaqemvndiqhed \n\nanmelde \n\nuden brugshensigt systematisk \n- varem\u00e6rker med henblik p\u00e5 \nhandel roed varem\u00e6rker \n\nanmeldelse \n\nafslag pi -r \nafsl\u00e5 -n \n-edagen \ndagen for (den f\u00f8rste) -\nregnet fra -sdagen (e. v. ) \n- og registrering af EF-m\u00e6rker \nforskriftsm\u00e6ssig national -\nv\u00e6re ligestillet med/g\u00e6lde \nsom en forskriftsm\u00e6ssig \nnational -\n\nfreml\u00e6gge genpart af den \n\nf\u00f8rste - \n\n86 \n\n202 \n202 \n62 \n\n62 \n\n139 \n139 \n\n164 \n\n85 \n\n80 \n80 \n86 \n86 \n163 \n80 \n86 \n\n86 \n\n86 \n\nanmeldelse (forts. ) \nindgivelse af -\nforenkling af -sproceduren \nsenere -\nden tidligere -\n-n er tilbagetaget, bortfaldet \n\neller afsl\u00e5et \ntr\u00e6kke -n tilbage \nnational varem\u00e6rke \nbygge p\u00e5 en eller flere natio= \n\nn\u00e5le varem\u00e6rke -r \n\n- af eksisterende nationale \nvarem\u00e6rker som europ\u00e6iske \nvarem\u00e6rker \n\novergang til national varem\u00e6r= \n\nke-\n\ntr\u00e6kke tilbage eller endeligt \n\nafvise nationale varem\u00e6rke-r \n\n86 \n86 \n86 \n86 \n\n86 \n80 \n86 \n\n86 \n\n86 \n\n80 \n\n86 \n\nanmelder \n-en \nh\u00f8re -en \n-ens udtalelse \n\nanmodning \n\nannullation \n\n81,84 \n81 \n81 \n\n141 \n\n-sinstansen \n-skammer \n-skammeret kan afg\u00f8re sagen \n\nefter p\u00e5standen \n\n-skamroerets afg\u00f8relse \n-skammerets afg\u00f8relse i en \n\nappelsag \n\n-skamroerets afg\u00f8relse skal \nledsages af begrundelse \n\n-skammeret tr\u00e6ffer selv afg\u00f8= \n\nreise i sagen \n\n-skamroerets sekretariat \nrejse sag om - eller kr\u00e6nkelse \n\n10 \n10 \n\n10 \n10 \n\nlo \n\n10 \n\n10 \n10 \n\nimod det y; \n\ne EF-m\u00e6rke \n\n173 \n\nansvar \n\nunder eget -\n\nans\u00e6tte \n\n- embedsm\u00e6nd \n\nans\u00e6ttelse \n\nbestemmelser om -sbetingelser= \nne for andre funktion\u00e6rer \n-sbetingelserne for de \u00f8vrige \n\nfunkt ion\u00e6rer \n\nansciger \n-en \nen af -en foretaget handling \nden af -en foretagne handling \nh\u00f8re -en \nanl\u00e6gge s\u00f8gsm\u00e5l mod -en om \n\nkr\u00e6nkelse \n\nanscSgning \n\n- (om anerkendelsessag) \n\n233 \n\n168 \n\n222 \n\n222 \n\n81 \n81 \n81 \n81 \n\n81 \n\n80 \n\n- 2/da \n\n-\n\nPE 64. 907 \n\n\f2 71 \n\nappelbeg\u00e6ring \n\nans\u00f8gning (forts. ) \nafslag p\u00e5 en - \nbegrunde en - \n-en kan ikke g\u00f8res til gen= \n\nstand for behandling \n\n-ens indgivelse \n-ens indgivelse (med henblik \n\np\u00e5 anerkendelsessag) \n\n232 \n232 \n\n80 \n232 \n\n62 \n\nanvende \n\ns\u00e5fremt indehaveren af det \n\n\u00e6ldre m\u00e6rke kan dokumentere, \nat han har anvendt m\u00e6rket \nseri\u00f8st \n\n2 71 \n\nanvendelse \n\nm\u00e6rkets - \n-n af m\u00e6rket eller et til= \n\nsvarende kendetegn \n\n247, 271 \n\nappel \n\n-afgift \n-afg\u00f8relser \ntr\u00e6ffe afg\u00f8relse om -len uden \n\nafh\u00f8ring \nafvise -len \n-lens begrundelse \nbegrundelse for -\nafgivelse af begrundelse for -\nindsendelsen af begrundelsen \n\nfor -len \n\n-beg\u00e6ring \nafsl\u00e5 -beg\u00e6ringen som ubegrun= \n\ndet \n\n218 \n218 \n\n218 \n13 \n13 \n218 \n13 \n\n218 \n13 \n\n218 \n\nhenvise -beg\u00e6ringen til appel= \nkammeret uden kommentarer \n\nim\u00f8dekomme -beg\u00e6ringen \nindgive -beg\u00e6ring \ntr\u00e6kke -beg\u00e6ringen tilbage \n-berettigede \n- til Den Europ\u00e6iske Domstol \n\n218 \n13,218 \n13 \n218 \n202 \n\nfor Varem\u00e6rkesager \n\n194 \n\n-len skal indgives skriftligt \n\ntil Den Europ\u00e6iske Varem\u00e6rke= \nmyndighed \nfrafalde -len \nhelt eller delvis im\u00f8dekomme \n\n218 \n13 \n\nappel (forts. ) \n\nafg\u00f8relse i -sager \nunder. henh\u00f8rer afg\u00f8relser \n\n13,218 \n\ni -sager \n\ndeltage i -sagen \nkr\u00e6nkelse af v\u00e6sentlige form \neller procedureforskrifter \nunder -sagen \n\n-sagens omkostninger \nomkostninger i -sager \nfordelingen af -sagens om= \n\nkostninger \n- kan tilstedes \nv i r k n i n g en af \n-\n-len har ops\u00e6ttende virkning \n\n13 \n218 \n\n13 \n13 \n218 \n\n13 \n218 \n218 \n218 \n\n-en anses for ikke indgivet \n\n218 \n\nappellabel \n\nappellable afg\u00f8relser \n\n218 \n\na p p e l l a nt \n\n- en \nf o r e t a ge a f h \u00f8 r i ng af - en \nde af - en p \u00e5 b e r \u00e5 b e te \n\nf a k ta \n\n1 3 , 8 1 , 2 18 \n218 \n81 \n\na r r a n g e m e nt \n\nN i c e - et af 1 5. j u ni 1957 ved= \nr \u00f8 r e n de k l a s s i f i c e r i ng af \nv a r er og \nt il brug ved r e g i s t r e r i ng af \nvarem\u00e6rker \n\nt j e n e s t e y d e l s er \n\nautonomi \n\nEF-m\u00e6rkets -\nEF-m\u00e6rkets enhedskarakter og \n\nbank \n\ns e d d e l \n\nb e f \u00f8 j e l se \n\n15 \n\n23 \n23 \n\n27 \n\n21 \n\no v e r d r a ge s i ne \n\nbegrundelse \n\n-r \n\n- (af appelbeg\u00e6ringen) \n\n118 \n\n-len \n\nden -indst\u00e6vnte \n-kammer \n-kammerets afg\u00f8relse \nden afg\u00f8relse, -kammeret \ntr\u00e6ffer efter appel \n\n-kammerets afg\u00f8relse skal \nledsages af begrundelse \n-kammeret tr\u00e6ffer afg\u00f8relse \nom appellen uden afh\u00f8ring \n\n-kamrenes unders\u00f8gelser \n-kammeret unders\u00f8ger ex offi= \n\ncio sagens fakta \n\nde krav, som er grundlag for \n\n218 \n13 \n218 \n218 \n\n218 \n\nbegr\u00e6nse \nikke -\n\nbegr\u00e6nsning \n\n20 \n\nprincippet om territorial -\nvarem\u00e6rkets territoriale -\n\n259 \n18 \n\n218 \n\nbeg\u00e6ring \n\n218 \n218 \n\n218 \n\n218 \n\nt r \u00e6 f fe a f g \u00f8 r e l se om - en uden \n\na f h \u00f8 r i ng \n\na f s l\u00e5 - en som u b e g r u n d et \na p p e l-\na f s l\u00e5 \nd et \n\n( a p p e l ) - en som ubegrun= \n\nt r \u00e6 k ke a p p e l - en \n\nt i l b a ge \n\n232 \n13 \n3 \n\n218 \n218 \n\n-len \n\n- s a g en \n\n1 3 , 2 18 \n\n- 3/da \n\n-\n\nPE 6 4. 9 07 \n\n\fbeg\u00e6ring (forts. ) \n\nbestanddel \n\n\u00aden kan f\u00f8rst frems\u00e6ttes, \n\nn\u00e5r. 232 \nindgive en \u00ad 232 \n\u00aden anses for ikke indgivet 13,232 \nmodtagelsen af \u00ad 2 32 \n\u00ad om overgang 232 \n\nbekendtg\u00f8relse \n\n\u00adn af handlingen 208 \ni henhold til en offentlig \u00ad 49 \n\u00adn om registreringen af det \neurop\u00e6iske varem\u00e6rke 208 \n\nbel\u00f8b \n\nde bevilgede \u00ad opstillet ad= \n\nskilt i grupper 72 \n\ninden for rammerne af de be= \n\nviigede \u00ad 72 \n\noverf\u00f8re \u00ad 72 \n\u00ad m\u00e5 overf\u00f8res 72 \n\nbenyttelse \n\nket 158,273 \n\nben\u00e6vnelse 82 \n\nen erhvervsm\u00e6ssigt anvendt \u00ad 24 7 \n\nen \u00ad af en handelsbeteg= \n\nnelse 103,167 \n\nkun enkelte \u00ade af det anmeldte \n\nm\u00e6rke, der ikke kan be= \nskyttes 103 \n\nbestemmelse \n\ngennemf\u00f8relses\u00adrne til denne \n\nkonvention/konventionen 224 \n\nbetaling \n\nkonstatering af \u00adstidspunktet 186 \n\nbetegnelse \n\nfortabelse af EF\u00adm\u00e6rket, fordi \ndette udvikler sig til en \nalmindelig \u00ad 82 \n\nfantasi\u00adn 82 \n\nbetragtning \n\nikke komme i \u00ad\n\nparternes \u00ad m a t e r i a le \n\nbevisf\u00f8relse 144 \nforetage \u00ad 144 \ndet medlem, hvem \u00adn er p\u00e5lagt 144 \n\n102 \n\n198 \n\nlicenetagerens \u00ad af varera\u00e6r= \n\nb e v is \n\nberegne \n\nblive \u00adt \n\nbesigtigelse \n\nbeskytte \n\n(indhente oplysninger om) det \nanmeldte m\u00e6rkes mulighed \nfor at blive \u00adt 205 \n\nretligt \u00adt 205 \n\u00ad varem\u00e6rket p\u00e5 f\u00e6llesskabs= \n\nplan 206 \nv\u00e6re \u00ad 205 \n\nbeskyttelse \n\nerhverve en effektiv \u00ad 205 \nen formel \u00ad af m\u00e6rker for \ntjenesteydelser 161,205 \n\n\u00adn af ikke registrerede hende= \n\ntegn \n\nEF\u00adm\u00e6rkets \u00adsomfang 205 \nomfanget af varem\u00e6rkets \u00ad 205 \net \u00adssystem for varem\u00e6rker \ni F\u00e6llesskabet 205,255 \nde virksomheder, som \u00f8nsker \n\nvarem\u00e6rke\u00ad 206 \nvarem\u00e6rkernes \u00ad 205 \n\nbeslutning \n\ntr\u00e6ffe \u00ad ved enstemmighed 253 \n\nbe\u00abl\u00e6gtet \n\nbrugsm\u00e6ssigt besl\u00e6gtede \n\nvarer 61,203 \n\n199 \n\n87 \n\nbev\u00e6gelighed \n\ngennemf\u00f8relsen af den frie \n\n\u00ad for m\u00e6rkevarer og tjene= \nsteydelser under et vare= \nm\u00e6rke \n\nbev\u00e6gelse \n\nprincippet om frie vare\u00adr for \n\nm\u00e6rkevarer \n\nbistand \n\nanmodning om d o m s t o l s\u00ad\n\nbogstav \n\nb o r t f a ld \n\n\u0399\u039f\u0399 \n\n42 \n\n48 \n\n154 \n\n\u00ad af r e t t i g h e d er \n\n197,263 \n\nbrug \n\n\u00ad af m\u00e6rket p\u00e5 forretnings= \n\npapirer og som led i rekla= \nme 187,209,271 \n\n\u00adspligten 271 \nm\u00e6rkerne undergives en streng \nog konsekvent h\u00e5ndh\u00e6vet \n\u00adspiigt \n\nredelig \u00ad\ns t r i de mod god skik og \u00ad\nm\u00e6rker, der s t r i d er mod god \nskik og \u00ad e l l er den o f f e n t= \nl i ge orden 165,184 \np\u00e5 grund af undladt \u00ad 169 \n\n271 \n271 \n165 \n\n\u00ad 4/da \u00ad\n\nPE 64. 907 \n\n\fbrug (forts. ) \n\ngennem kontras\u00f8gsm\u00e5l at nedl\u00e6g= \nge p\u00e5stand om fortabelse el= \n1er slettelse af varem\u00e6rket \np\u00e5 grund af undladt - \n\n2 71 \n\net varem\u00e6rke overlades ved kon= \n\ntrakt en anden til - \n\n2 71 \n\nkun et i brug v\u00e6rende varem\u00e6rke \neller et m\u00e6rke, som p\u00e5t\u00e6nkes \ntaget i - kan benyttes \nvildledende - af varem\u00e6rker \n\n271 \n2 73 \n\nbruge \n\nindehaveren skal erkl\u00e6re, at \n\nhan har brugt m\u00e6rket \n\n271 \n\nbrugshensigt \n\nuden - systematisk anmelde \n\nvarem\u00e6rker med henblik p\u00e5 \nhandel med varem\u00e6rker \n\nbudget \n\ni -tet skal indt\u00e6gter og ud= \n\ngifter balancere \n\nforel\u00f8bigt -\n-tets gennemf\u00f8relse \ngennemf\u00f8relse af -tet \nopstilling af -tet \n-tets poster \npostere i -tet \nudarbejde -tet og bringe dette \n\ntil udf\u00f8relse \n\nbringe -tet til udf\u00f8relse \nudkast til -tet \nvedtage -tet \n-tets vedtagelse \n-\u00e5ret \n\nb\u00f8de \n\nikende en -\n\ndag \n\n-en for anmeldelsen hos EF-\n\nvarern\u00e6rkemyndigheden er af= \ng\u00f8rende \n\nnational hellig-\ns\u00f8gne-\n\ndatterselskab \n\nd\u00e9charge \n\ngive. - for \n\ndisposition \n\ngennemf\u00f8relsen af de finan= \n\nsielle -er \n\ndokument \n\nv\u00e6re exigible -er \n-ets \u00e6gthed \n\ndomstol \n-e \n\n146 \n\n30 \n30 \n30 \n30 \n30 \n30 \n30 \n\n30 \n30 \n30 \n30 \n30 \n116 \n\n150 \n150 \n150 \n\n123 \n\n73 \n\n179 \n\n261 \n261 \n\n267 \n\ndomstol (forts. ) \n\nde afg\u00f8relser, som -en tr\u00e6ffer, \n\nkan p\u00e5klages til Den Europ\u00e6iske \nDomstol for Varem\u00e6rkesager \n\nanmodning om -sbistand \nDen Europ\u00e6iske Domstol for \n\nVarem\u00e6rkesager \n\n70 \n48 \n\n70 \n\npr\u00e6judiciel afg\u00f8relse af Den \n\nEurop\u00e6iske Domstol for Vare= \nm\u00e6rkesager \n\n70 \n\nanmode Den Europ\u00e6iske Domstol \nfor Varem\u00e6rkesager om at \ntr\u00e6ffe afg\u00f8relse \n\n70 \n\nappel til Den Europ\u00e6iske Domstol \n\nfor Varem\u00e6rkesager \n\n70 \n\nDen Europ\u00e6iske Domstol for Vare= \nm\u00e6rkesager er kompetent til \npr\u00e6judicielt at afg\u00f8re sp\u00f8rgs= \nm\u00e5l \n\n70 \n\nrejse sp\u00f8rgsm\u00e5let over for Den \nEurop\u00e6iske Domstol for Vare= \nm\u00e6rkesager \n\nen international - \nen kompetent national - \nhenh\u00f8re under de nationale -e \ni de kontraherende stater \n\n70 \n70 \n267 \n\n267 \n\ndriftsregnskab \n\nforel\u00e6gge - og status \n\n54 \n\ned \n\nn\u00e6gte at a f g i ve \n\nf o r k l a r i ng \n\ne l l er at afl\u00e6gge - \nen af et v i d ne a f l a gt \n\nf a l sk - \n\n244 \n244 \n\ne f t e r f o r s k n i ng \n\nforebygge en pr\u00e6judiciel virk= \n\nning af -sresultaterne \n\n196 \n\nejendom \n\nerhverve og afh\u00e6nde l\u00f8s\u00f8re og \n\nfast - \n\nejendomsret \n\ndet europ\u00e6iske m\u00e6rke som gen= \n\nstand for - \n\n28 \n\n204 \n100 \n\nden industrielle - \ncentrale myndigheder for be= \nskytteise af industriel - \n\n204 \nindustriel eller kommerciel - 100 \narbejde med henblik p\u00e5 indbyrdes \ntiln\u00e6rmelse eller standardi= \nsering af den industrielle \n\n100 ,204 \n\neneret \n\nvarem\u00e6rket anerkendes og be= \nskyttes som producentens \neller handelsvirksomhe= \ndens -\n\nenhed \n\nvaluta-\n\n100 \n\n2 70 \n\n5/da -\n\nPE 64. 90 7 \n\n\fenhed \n\n( f o r t s. ) \n\nEF-m\u00e6rkets - s k a r a k t er og \n\nautonomi \n\ne n s a r t e t h ed \n\n( p r o d u k t e r n e s) \n\n- \n\ne r h v e r v er \n- en \n\ne r s t a t n i ng \n\n- \n\nfor den s k a d e, der \nges \n\nfor. f o r \u00e5 r s a= \n\nfarve \n\n-sammens\u00e6tninger \n\nf e il \n\nb e r i g t i g e l se af s k r i v e f e jl og \n\ns p r o g l i ge - \n\nf o r b r u g e r en kunne b l i ve v i l d= \n\nl e dt e l l er \n\nt a ge - \n\n270 \n\n250 \n\n39 \n\n229 \n\n69 \n\n109 \n\n268 \n\n269 \n\nf e j l t a g e l se \n\ne l l er -r \n\nf o r v e k s l i n g, v i l d l e d n i ng \n\nb e s k y t te \n\nf o r b r u g e r en mod for= \n\nv e k s l i n g, v i l d l e d n i ng og \n\n6 0 , 2 0 5 , 2 69 \n\nfinanshovedkasse \n\ndeponere disponible midler \n\ni de kontraherende staters \n-r \n\nfJLrma \n\n-navn \n\nf \"i e m\u00ab \n\nu b e n y t t e de m\u00e6rker -s \n\nfra EF-\n\nvarern\u00e6rkereg i s t e r et \n\nfond \n\netablering og opretholdelse \n\naf en reserve-\n\nforanstaltning \n\nfrems\u00e6tte forslag om discipli-\n\nn\u00e6re -er \n\nfordeling \n\nser \n\n-en af varer og tjenesteydel\u00ab \n\nfordrejning \n\nmagt- \n\nforenina \n\n266 \n\n212 \n\n211 \n\n126 \n\n240 \n\n46 \n\n89 \n\ninternational - til beskyttelse \naf den industrielle ejendoms \nret (AIPPI) \n\n19 \n\n171 \n\n127 \n127 \n\nforhandler \n\nproducenter og -e \n\n95 \n\nforkynde \n\n- afg\u00f8relser og tilsigelser \n\n249 \n\nforkyndelse \n\n-n af den p\u00e5klagede afg\u00f8relse 248 \nen - der vedr\u00f8rer det europ\u00e6iske \n\nvarem\u00e6rke \n\nform \n\nen -, som er betinget af selve \n\nvarens art \n\nvarers og emballagers - \n\nform\u00e5l \n\ni tilf\u00e6lde, hvor det beskyt= \n\ntede m\u00e6rke benyttes som falsk \nreklame eller til andre uret= \nm\u00e6ssige - \n\n32 \n\nfornyelse \n\nbeg\u00e6ring om -\n-sgebyrer \n\n228 \n228 \n\nf o r p l i g t e l se \n\nhaven \n\n(den) adgang t il at e r h v e r ve \n\nr e t t i g h e d er og indg\u00e5 -r \ntilkommer \n\nj u r i d i s ke p e r s o n e r) 34 \n\n(der \n\nf o r r a ng \n\n-sgrunds\u00e6tningen \n\nforretningssted \n\nmed -\nhave sit - i en af de kontra= \nherende stater/i en af de \nkontraherende staters land= \nomr\u00e5de \n\n200 \n\n98 \n246 \n\n98 \n\nforrettighed \n\nder tilkommer. de til udf\u00f8re1= \nsen af deres opgaver n\u00f8dven= \ndige -er og fritagelser \n\n201 \n\nforskelligartet \n\nforskelligartede nationale \n\nretssystemer \n\n91 \n\nforskning \n\nforetage efter- med hensyn til \n\nalle rettigheder \n\n216 \n\nforskrift \n\nkr\u00e6nkelse af v\u00e6sentlige form \n\neller procedure-er \n\n127 \nde nationale -er oro varem\u00e6rker 153 \nprocessuelle -er i civile \n\nsager \n\n202 \n\n- 6/da -\n\nPE 64. 907 \n\n\f155 \n\nf\u00e6llesm\u00e6rke \n\nfortabe \n\nfrafalde s\u00f8gsm\u00e5let (hvorved \net europ\u00e6isk varem\u00e6rke) \ns\u00f8ges kendt fortabt \n\nfortabelse \n\n- af EF-varem\u00e6rket \n- af EF-m\u00e6rket, fordi dette \n\nudvikler sig til en alminde= \nlig betegnelse \n\ns\u00f8gsm\u00e5l om europ\u00e6iske varem\u00e6r= \n\nkers -\n\n74 \n\n74 \n\n74 \n\n74 \n\nanl\u00e6gge s\u00f8gsm\u00e5l om - af et euro= \n\np\u00e6isk f\u00e6llesm\u00e6rke \n\ns\u00f8gsm\u00e5l med p\u00e5stand om - \n- eller ugyldighed af et EF-\n\nvarem\u00e6rke \n\n74 \n4,74 \n\n74,173 \n\n- af EF-m\u00e6rket p\u00e5 grund af at \n\nder senere indtr\u00e6der en risi= \nko for vildledning \n\n74,269 \n\nfortegnelse \n\n-n over varer eller tjeneste= \n\nydelser \n\nfortrinsret \n\n-ten er fortabt \n-sfristen \nindr\u00f8mme -\nkrav/erkl\u00e6ring om -\nfrems\u00e6tte krav om -\nfrems\u00e6ttelse af krav om -\ng\u00f8re krav p\u00e5 - for en tidligere \n\n200 \n200 \n200 \n200 \n200 \n200 \n\nanmeldelse \n\n\u00b7 \n\nnyde - \n\n200 \n200 \n\nforuds\u00e6tning \n\nforskelligartede retlige -er \n\n58 \n\nforvaltning \n\nf r i st \n\nforl\u00e6nge en -\nf o r t r i n s r e t s - en \n- en \nu d l \u00f8 b et af \n\nfritagelse \n\nder tilkommer. de til ud= \nf\u00f8relsen af deres opgaver \nn\u00f8dvendige forrettigheder og \n-r \n\nfuldbyrdelse \n\ntvangs-\nforanstalte tvangs-\n\nfuldmagt \n\nindlevere en skriftlig -\n\nfunktion \n\nvarem\u00e6rkets grundl\u00e6ggende -\nvarem\u00e6rkets herkomst \nvarem\u00e6rkets oprindelses-\nde -er, man till\u00e6gger m\u00e6rket \n\n78 \n78 \n78 \n\n134 \n\n115 \n115 \n\n195 \n\n125 \n125 \n125 \n125 \n\n-/t/r \nanmeldelsen af et - \ng\u00f8re brug af -r, som er kendt \n\n161,162 \n161 \n\nfortabt eller ugyldige \n\neurop\u00e6iske -r \ndet europ\u00e6iske - \nanmeldelse af et europ\u00e6isk - \nafslag p\u00e5 anmeldelse af et \n\neurop\u00e6isk - \n\n161 \n162 \n162 \n162 \n\n162 \n\nafsl\u00e5 en anmeldelse af et euro= \n\np\u00e6isk - \n\net europ\u00e6isk - fortabes \neurop\u00e6iske -rs fortabelse \ns\u00f8gsm\u00e5l om fortabelse af et \n\neurop\u00e6isk - \n\n162 \n162 \n162 \n\n162 \n\n162 \n\noverbevise sig om god \u00f8kono= \n\nmisk ledelse af -en \n\n130 \n\nanl\u00e6gge s\u00f8gsm\u00e5l om fortabelse \n\naf et europ\u00e6isk - \n\nforvekslelig \n\nregistreringen af et yngre, \nidentisk eller -t m\u00e6rke \n\nforvekslelighed \nbegrebet \"-\" \ndet europ\u00e6iske varem\u00e6rkes -\nmed det \u00e6ldre varem\u00e6rke \n\n161 \n\n60 \n\n234 \n\nforveksling \n\n(for s\u00e5 vidt der) er mulighed \n\nfor - i oms\u00e6tningen \n\nrisiko for - \nudelukke en risiko for - \n-, vildledning eller fejltagel= \n\n60 \n60 \n60 \n\nser \n\nf r e m s t i l l i ng \n\n60,269 \n\nden \n\ni n d u s t r i e l le m a s s e- \n\n121,203 \n\nhave adgang til at anl\u00e6gge s\u00f8gs= \nm\u00e5l om fortabelse eller ugyl= \ndighed af europ\u00e6iske -r \n\n162 \nindehaveren af et europ\u00e6isk - 162 \nbrug af oph\u00f8rte europ\u00e6iske -r 162 \n162 \nregister for europ\u00e6iske -r \net europ\u00e6isk -s udslettelse \n\naf registeret \n\nregistrere et europ\u00e6isk -\ng\u00f8re indsigelse mod registre= \nringen af det europ\u00e6iske -\nv\u00e6re berettiget til at g\u00f8re \n\n162 \n162 \n\n162 \n\nindsigelse mod registrerin= \ngen af det europ\u00e6iske -\n\n162 \n\nrettigheder i henhold til euro= \np\u00e6iske -r/et europ\u00e6isk f\u00e6l= \nlesm\u00e6rke \n\n162 \n\np\u00e5ber\u00e5be sig rettigheder i hen= \n\nhold til et europ\u00e6isk - \n\n162 \nkende et europ\u00e6isk - ugyldigt 162 \nugyldighed af et europ\u00e6isk -/ \ndet europ\u00e6iske f\u00e6llesm\u00e6rke \n\n162 \n\n- 7/da -\n\nPE 64. 907 \n\n\ff\u00e6llesm\u00e6rke (forts. ) \n\np\u00e5ber\u00e5be ugyldighed af et \n\neurop\u00e6isk - \n\n-ts/m\u00e6rkets indehaver \nindehaveren af et - \noptr\u00e6de i f\u00e6llesskab med -ts \n\nindehaver \n\nden tidligere indehaver af \net - eller den, til hvem \nretten er overg\u00e5et \n\nanl\u00e6gge s\u00f8gsm\u00e5l vedr\u00f8rende \n\nnationale -r \n\ng\u00f8re brug af oph\u00f8rte -r \n\nf\u00e6rdigvare \n\n-r \n\ngarantere \n\nvarem\u00e6rket alene -r \n\nikke \n\nl\u00e6ngere varens faktiske \noprindelse \n\ngenerhvervelse \n\n- af ret \n\ngennemf\u00f8relse \n\n162 \n161 \n161 \n\n4 \n\n161 \n\n162A \n161 \n\n203 \n\nhandling (forts. ) \n\nf\u00e5 kendskab til -en \nden p\u00e5klagede -\nretf\u00e6rdigg\u00f8re s i n \nen retslig -\n\n3 \n3 \n7 \n3 \n\nhelhed \n\nen varem\u00e6rkeret g\u00e6ldende \n\ninden for F\u00e6llesskabet som -\n\n258 \n\nhemmeligholdelse \n\nv\u00e6re underkastet tjenstlig -s= \n\npligt \n\nhenh\u00f8re \n\nunder. -r klager over \n\n129 \n\nhensiqt \n\nkrav om svigagtig -\n\n236 \n\nherkomst \n\n-n af den frie bev\u00e6gelighed \nfor m\u00e6rkevarer og tjeneste \nydelser under et varem\u00e6r= \nke \n\n156,245 \n\n241 \n\n253 \n\n146 \n\n207 \n\n59 \n180 \n\n221 \n\n221 \n\nen vares geografiske -\n\nhinder \n\nv\u00e6re til - for \nikke v\u00e6re til - for \n\nhindring \n\ngranskning vedr\u00f8rende absolut= \n\nte -er \n\nEF-m\u00e6rkets ugyldighed p\u00e5 grund \naf absolutte -er for regi= \nstrering \n\nhjemsted \n\nhave sit -/med hjemsted i. 98 \n\nholding \n\net -selskab \n\nh\u00e6ftelse \n\n131 \n\nfunktion\u00e6rernes personlige - \n\n233 \n\n217 \n217 \n\n112 \n\n112 \n112 \n\n166 \n166 \n\n166 \n\nidentificere \n\n- et bestemt produkt \n- varerne (efter oprindelse) \n\n180 \n\nidentificering \n\nlette -en af produkterne \n\n133 \n133 \n\n132 \n\nidentisk \n\nregistreringen af et yngre, \n\n- eller forveksleligt m\u00e6rke \n\n161 \n\ninhabil \n\n(enhver part, der mener at) et \nmedlem af et appelkammer el= \n1er et annullationskam= \nmer er -t, kan g\u00f8re indsigel= \nse mod hans deltagelse i \nsagens behandling \n\n219 \n\n167 \n167 \n\n258 \n\n79 \n\n3 \n\n3 \n\n- 8/da -\n\nPE 64. 907 \n\ngensidighed \n\nindr\u00f8mme - \nyde - \n\ngranskning \n\n-safdeling \nafgivne meddelelser ang\u00e5ende \n\n-er \n\n-ssektionen \n\ngrund \n\nuden lovlig - \nuden skellig/rimelig - \nskellig - til at undlade \n\nbrugen \n\ng\u00f8_re \n\nblive gjort g\u00e6ldende over \n\nfor tredjemand \n\nhandelsbetegnelse \n\n-r \nen bestanddel af en - \n\nhandelsomr\u00e5de \net f\u00e6lles - \n\nhandlem\u00e5de \n\nulovlig - \n\nhandling \n\nen af ans\u00f8geren foretagen - \nbekendtg\u00f8relsen af den p\u00e5= \n\ng\u00e6ldende - \n\n\finstans \n\nannullations-en \n\noprettelsen af en m\u00e6glings-\n\ninstitut \nfinans-\nintegration \n\n- mellem de nationale markeder 145 \n\ninteresse \n\np\u00e5vise en berettiget -\n\n14 7 \n\ninteresseret \n\nen -\n\nindehaver \n\n-en \ns\u00e5fremt -en af det \u00e6ldre \n\nm\u00e6rke kan dokumentere, at \nhan har anvendt m\u00e6rket \nseri\u00f8st \n\n-en skal erkl\u00e6re, at han har \n\n262 \n\n262 \n\n262 \n\n,271 \n262 \n262 \n\nbrugt m\u00e6rket \n\nindsigelser fra -e \nden nuv\u00e6rende -\n-nes ret til fortsat brug af \n\n\u00e6ldre rettigheder \n\nden tidligere -\nvarem\u00e6rke-en \n-en af det \u00e6ldre varem\u00e6rke \n\nindf\u00f8re \n\n- et europ\u00e6isk varem\u00e6rke \n\nindf\u00f8relse \n\n-n af et EF-varem\u00e6rke \n\nindgivelse \n\nans\u00f8gningens -\n\nindkaldelse \nlovlig -\nen offentlig -\n\nindsigelse \n\nafvise en - \nafvisning af -r \nafg\u00f8relser, hvorved en - er \n\nafvist \n\ngranskningsafdelingen afviser \n\n-n \n\n-n skal begrundes \nbegr\u00e6nsning af retten til - \ntillade p\u00e5ber\u00e5belse af ugyl= \n\ndighed i form af en - \n\n262 \n262 \n262 \n262 \n\n71 \n\n71 \n\n86 \n\n17 \n252 \n\n182 \n182 \n\n182 \n\n182 \n182 \n182 \n\n114,2 74 \n182 \n181 \n\nfrems\u00e6tte - \nden, der g\u00f8r - \net medlem af et appelkammer el= \n1er et annullationskammer er \ninhabilt, kan g\u00f8re - mod hans \ndeltagelse i sagens behand= \nling ' \n\n142 \n242 \n\nindsigelse (forts. ) \n\n-n skal indgives skriftligt \n-ssag/-procedure \nnationale registreringsproce= \n\ndurer og -ssager \n\n143 \n\nsom - \n\nindskr\u00e6nke \nikke -\n\nindst\u00e6vnt \n\n-e \nappel-e \n\n190,192 \n\nindt\u00e6gt \n\n182 \n182 \n\n202 \n114 \n\n20 \n\n77 \n77 \n\nkonstatere lovformeligheden \n\nog retm\u00e6ssigheden af -er og \nudgifter \n\n215 \n\njuridisk \n\ndet -e medlem \n\nkammer \n\nannullations-et \nannullations-et afg\u00f8r sagen \n\ne f t er p \u00e5 s t a n d en \n\na n n u l l a t i o n s - e ts a f g \u00f8 r e l se \na n n u l l a t i o n s - e ts a f g \u00f8 r e l s er \n\n151 \n\n40 \n\n40 \n40 \n\ni \n\nappelsager \n\nannullations-ets afg\u00f8relse skal \n\nledsages af begrundelse \nannullations-et tr\u00e6ffer selv \n\nafg\u00f8relse i sagen \n\nannullations-ets sekretariat \nappel-et \nappel-ets afg\u00f8relse \nappel-ets afg\u00f8relse skal ledsa= \n\n40 \n\n40 \n\n4o \n40 \n40 \n40 \n\nges af b e g r u n d e l se \n\na p p e l - et \n\nt r \u00e6 f f er a f g \u00f8 r e l se om \n\na p p e l l en uden a f h \u00f8 r i ng \n\nden a f g \u00f8 r e l s e, \n\nsom a p p e l - et \n\nt r \u00e6 f f er e f t er a p p el \n\na p p e l - et u n d e r s \u00f8 g er ex o f f i c io \n\nsagens fakta \n\nkendelse \n\ns\u00f8gsm\u00e5l om ugyldigheds- \n\nkendetegn \n\net forveksleligt - \n-, der bruges i en afvigende \n\nform \n\nbrug af m\u00e6rket for tjeneste= \n\nydelser eller et forveksle= \nligt - \n\nbruge m\u00e6rket eller det med \ndette forvekslelige - \n\nidentiske - \n-, der for fremtiden kan regi= \n\nstreres \n\nm\u00e6rker og andre -, der ikke er \n\nregistrerede \n\n40 \n\n40 \n\n40 \n\n40 \n\n4 \n\n247 \n\n247 \n\n247 \n\n24 7 \n24 7 \n\n24 7 \n\n247 \n\n219 \n\nbeskyttelsen af ikke registre= \n\nrede - \n\n205,247 \n\n- 9/da -\n\nPE 64. 907 \n\n\fkendetegn (forts. ) \n\nanvendelse af m\u00e6rket eller \n\net tilsvarende \u00ad\n\nklage \n\nnationale myndigheders \u00adad= \n\ngang \n\n\u00adadgangen er \u00e5ben for de \n\nparter, der \n\nunder appelkamrene henh\u00f8rer \n\n\u00adr over. indgive \u00ad\n\u00ad kan indgives p\u00e5 grund af. \u00ad for kr\u00e6nkelse \n\u00adn har ops\u00e6ttende virkning \nsk\u00f8nne, at \u00adn er tilstedelig \n\nog begrundet \n\n\u00ad med p\u00e5stand om ugyldigken= \n\ndel se af et europ\u00e6isk vare= \nm\u00e6rke \n\nindgive \u00ad med p\u00e5stand om ugyl= \ndigkendelse af et europ\u00e6isk \nvarem\u00e6rke \n\n247 \n\nlOO \n\n194 \n\n218 \n218 \n194 \n4 \n194 \n\n218 \n\n218 \n\nkontras\u00f8gsm\u00e5l (forts. ) \n\net \u00ad, hvorved det europ\u00e6iske \nvarem\u00e6rke s\u00f8ges kendt for= \ntabt eller ugyldigt/om for= \ntabelse eller ugyldighed af \ndet europ\u00e6iske varem\u00e6rke 4 \ngennem et \u00ad, hvorved det euro= \np\u00e6iske varem\u00e6rke s\u00f8ges kendt \nfortabt eller ugyldigt/om \nfortabelse eller ugyldighed af \ndet europ\u00e6iske varem\u00e6rke 4 \ngennem \u00ad at nedl\u00e6gge p\u00e5stand \n\nom fortabelse eller slettelse \naf varem\u00e6rket \np\u00e5 grund af undladt brug 4,271 \n\nkun i f\u00f8rste instans tillade \n\net \u00ad, hvorved det europ\u00e6iske \nvarem\u00e6rke s\u00f8ges kendt fortabt \neller ugyldigt 4 \n\n\u00ad om ugyldigkendelse 4 \nved \u00ad 4 \n\n218 \n\nkonvention \n\nkollidere \n\nvarem\u00e6rker, der \u00adr med hin= \n\nanden \n\nkompetence \n\nv\u00e6re kompetent i sager soro an= \nl\u00e6gges p\u00e5 grundlag af mang= \nlende \u00ad, kr\u00e6nkelse af v\u00e6sent= \nlige formforskrifter etc. 136 \n\ninden for deres \u00adomr\u00e5de 50 \n\nkompetent \n\nretten er \u00ad\nretten er \u00ad p\u00e5 det sted, hvor \n\n(repr\u00e6sentanten for sags\u00f8gte) \nhar sit forretningssted \n\nv\u00e6re \u00ad\nv\u00e6re \u00ad i alle sager ang\u00e5ende \ntvistigheder mellem. v\u00e6re stedligt \u00ad\n\n59 \n\n50 \n\n50 \n51 \n\n253 \n50 \n\nkonflikt \n\nl\u00f8sningen af \u00ader mellem EF\u00ad\n\nm\u00e6rker og nationale m\u00e6rker 59,161 \n\nl\u00f8sningen af \u00ader med \u00e6ldre \n\nnationale m\u00e6rker 59 \n\nkonkurrence \n\nlovgivningen om illoyal \nsikring af en redelig \u00ad\nuretm\u00e6ssig \u00ad\n\n57,100 \n160 \n57 \n\nKontrakt \n\n\u00ad om overdragelse \n\nkontras\u00f8gam\u00e5l \n\nafg\u00f8relsen af \u00adet \nanl\u00e6gge \u00ad\n\n4 \n4 \n\nMadrid\u2014en af 1891 om interna= \n\ntional registrering af fabriks\u00ad\neller handelsm\u00e6rker 15 \nblive medlem af denne \u00ad 67 \nPariser\u2014en til beskyttelse af \nindustriel ejendomsret 67 \n\nPariser\u00ad af 1883 om beskyttelse \naf industriel ejendomsret 67 \n\nrevision af \u00aden 67 \nde tilpasninger af \u00aden (som) \n\noptagelse som roedlem \n(medf\u00f8rer) 67 \n\ntilslutte sig denne \u00ad i hen= \n\nhold til s\u00e6rlig overenskomst 67 \n\u00aden (om europ\u00e6isk varem\u00e6rkeret)lOO \nudkast til \u00ad om europ\u00e6isk \n\nvarem\u00e6rkeret 67 \n\nkr\u00e6nkelse \n\n\u00adr \nrejse sag om annullation eller \n\u00ad imod det yngre EF\u00adm\u00e6rke \n\u00ad af v\u00e6sentlige form\u00ad eller \n\nprocedure forskrifter \n\nkompetent i sager, som anl\u00e6g= \n\nges p\u00e5 grundlag af manglende \nkompetence, \u00ad af v\u00e6sentlige \nformforskrifter \n\nprocessen om \u00ad af et EF\u00adm\u00e6rke \n\u25a0\u00f8gsm\u00e5l/sag om \u00ad\nanl\u00e6gge s\u00f8gsm\u00e5l mod ans\u00f8geren \n\nom \u00ad\n\nprocesregler (for s\u00f8gsm\u00e5l om \u00ad) \n\u00ad af det europ\u00e6iske varem\u00e6rke/ \net europ\u00e6isk varem\u00e6rke/et \nnationalt varem\u00e6rke \n\ns\u00f8gsm\u00e5l om \u00ad af et europ\u00e6isk \n\nvarem\u00e6rke/et nationalt vare= \nm\u00e6rke \n\nhenl\u00e6gge s\u00f8gsm\u00e5l vedr\u00f8rende \u00ad\naf europ\u00e6iske varem\u00e6rker \ntil en kompetent national \ndomstol \n\n65 \n\n65 \n\n127 \n\n275 \n65 \n65 \n\n65 \n65 \n\n65 \n\n65 \n\n65 \n\n\u00ad 10/da \u00ad\n\nPE 64. 907 \n\n\fkvalifikation \n\ns\u00e6rlige faglige -er \n\nlicens \n\n-aftaler \n-giveren \nen gyldigt meddelt -\nmeddelelse af -\n-tager \ntildeling af -\noverf\u00f8relse eller tildeling \n\n157,213 \n15 7 \n157 \n157 \n157,158 \n157 \n\naf - \n\nvarem\u00e6rke- \n\nl\u00f8sning \n\n157 \n15 7 \n\n-en af konflikter med \u00e6ldre \n\nnationale m\u00e6rker \n\n224 \n\nl\u00f8s\u00f8re \n\nmyndighed (forts. ) \n\n210 \n\nde centrale -er for beskyttelse \n\naf industriel ejendomsret \n\n245 \n\nindsigelse fra de centrale \n-er for beskyttelse af \nindustriel ejendomsret \n\nud\u00f8ve disciplin\u00e6r- over \nde kompetente -er \nden nationale - \nen erkl\u00e6ring fra den p\u00e5g\u00e6lden= \nde stats centrale - for be= \nskytteise af industriel ejen= \ndomsret \n\n245 \n195 \n24 \n24 \n\n245 \n\nm\u00e6gling \n\nEF-varem\u00e6rkemyndighedens -s= \n\ninstans \n\n56,242 \noprettelsen af en -sinstans 56,242 \nindf\u00f8relse af en -sproce= \n\nerhverve og afh\u00e6nde - og fast \n\ndure \n\n56,202 \n\nejendom \n\nmangel \n\n28 \n\nm\u00e6rke \n\n-r, der er egnede til at ad= \n\nberigtige de p\u00e5talte mangler \n\n149 \n\nmarkedsf\u00f8ring \n\n-en af varen til daglig brug \n\neller forbrug \n\n46,203 \n\nmeddelagtighed \n\n52 \n\nmeddelelse \nafgive - \nafgiven - \nafgivne -r ang\u00e5ende gransknin= \n\n112 \n171 \n\nger \n\n171 \n248 \n\n-n om afg\u00f8relsen \n- om anmeldelse af et europ\u00e6isk \n\nvarem\u00e6rke \n\n-n om handlingen \n- om \u00e6ldre varem\u00e6rker \n\nmellemmand \n\ngennem mellemm\u00e6nd \n\nmiddel \n\nde disponible midler \ndeponere de disponible midler \ni de kontraherende staters \nfinanshovedkasser \n\nr\u00e5de over disponible og likvi= \n\nmidler \n\nmisbrug \n\nmuligheder for - i form af pi= \n\nratvirksomhed \n\nmodstrid \n\nanvende varem\u00e6rket i - med sin \n\nfunktion \n\nmyndighed \n\nadministrative -er \n\n171 \n171 \n171 \n\n192 \n\n92 \n\n251 \n\n25 \n\n1 \n\n161 \n\n5 \n\nskille anmelderens varer el= \n1er tjenesteydelser fra \nandres varer og tjenesteydel= \nser \n\nindgive anmeldelse af et - \nanmeldelsen af -t anses ikke \n\nfor indgivet \n\nanbringelsen af det beskyttede \n\n- p\u00e5 varen \n\nen formel beskyttelse af -t \n\nfor tjenesteydelser \n\nord- og billedm\u00e6rker \nbrug af -t for tjenesteydelser \n\n24 7 \n161 \n\n161 \n\n161 \n\n161 \n247 \n\neller et forveksleligt kende= \ntegn \n\n161 \n\nmods\u00e6tte sig enhver erhvervs= \nm\u00e6ssig brug af -t eller et \nmed dette forveksleligt ken= \ndetegn \n\ng\u00f8re brug af -t \ng\u00f8re brug af -t under inde= \n\nhaverens kontrol \n\nen p\u00e5lidelig og effektiv kon= \n\ntrol med -ts brug \n\n161 \n161 \n\n161 \n\n161 \n\nde personer, der er berettiget/ \n\nhar bef\u00f8jelse til at g\u00f8re \nbrug af -t \n\nen brug i strid med vedt\u00e6gter= \n\nne vedr\u00f8rende -t \nuretm\u00e6ssig brug af -t \ndefinition af -t som skelne= \n\nm\u00e6rke \n\n161 \n\n161 \n161 \n\n24 7 \n\nl\u00f8sningen af konflikter mellem \nE F \u2014r og nationale m\u00e6rker \n\nfabriks-r \nforenings-r \nforsyne varer med -t \nhave interesse i, at -t kendes \n\n161 \n161 \n161 \n161 \n\nfortabt \ngaranti-r \n\n161 \n161 \n\n- Il/da -\n\nPE 64. 907 \n\n\fm\u00e6rke (forts. ) \nhandels-r \nde traditionelle beskyttede \n\nfabriks- og handels-r \n\noptr\u00e6de i f\u00e6llesskab med -ts \n\nindehaver \n\ntilslutte sig et af indehave= \nren af et - anlagt s\u00f8gsm\u00e5l \n\nregistreringen af et yngre, \nidentisk eller forveksle^ \nligt -\n\nsameksistensen af ens eller \n\ntilsvarende vare-r \n\n-ts s\u00e6rpr\u00e6g eller reklamevirk= \n\nning \n\nunders\u00f8ge om -t har tilstr\u00e6kket \n\nligt s\u00e6rpr\u00e6g \n\n(europ\u00e6iske) -r for tjeneste= \n\nydelser \n\nslettelse af helt eller del= \n\nvis ubenyttede -r \n\nvedt\u00e6gter vedr\u00f8rende -t \neftersyn af vedt\u00e6gterne ved= \n\nr\u00f8rende -r \n\n\u00e5ben adgang til eftersyn af \nvedt\u00e6gterne vedr\u00f8rende -r \n\u00e6ndring af vedt\u00e6gterne ved= \n\nr\u00f8rende -r \n\nen vedt\u00e6gts\u00e6ndring vedr\u00f8ren= \n\nregistrering af vildleden= \n\nde -t \n\nde -r \n\nudelukke vildledende -r fra \n\nregistrering \n\nindehaveren af det \u00e6ldre -\n\neller anden \u00e6ldre rettighed \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\nm\u00e6rkevare \n\n-r \np r i n c i p p et om f r ie varebev\u00e6gel= \n\n16,203 \n\nser for -r \n\n203 \n\nm\u00e6rkning \n\nen klar og utvetydig - af den \n\nenkelte \u00f8nskede artikel \n\nnavn \n\nsl\u00e6gts- \nanvende sit eget sl\u00e6gts- \n\nnuancering \n\nen - af udbudet \n\nn\u00f8gle \n\nfordelings- \n\noms\u00e6tning \n\nbringe i - \n\noph\u00e6ve \n\nhelt eller delvis - den p\u00e5= \n\nklagede afg\u00f8relse \n\n93 \n\n167 \n167 \n\n178 \n\n43 \n\n45 \n\n11 \n\n- (registrering af) et vare= \n\nm\u00e6rke \n\noph\u00f8r \n\n148 \n\nvarem\u00e6rkets -, n\u00e5r. 119 \n\noplysning \n\nindhentning af -er \n\noprindelse \n\nm\u00e6rkets -sfunktion \nvarem\u00e6rket angiver -n af den \nvare, som det har tilknyt= \nning til \n\norden \n\nm\u00e6rker, der strider mod god \n\nskik og brug eller den of= \nfentiige -\n\nstride mod de grundl\u00e6ggende \n\nprincipper for den offent= \nlige -\n\nord \n\nord- og billedm\u00e6rker \n\nordninq \n\nen mindelig -\n\norqan \n\ndet organ, hvis afg\u00f8relse p\u00e5= \n\nklages \n\norganisation \n\ninternational -r \n\noverdrage \n\nvarem\u00e6rket kan -s \n\noverdraqelighed \n\nprincippet om fri \n\noverdragelse \n\nkontrakten om -\n\n140 \n\n207 \n\n207 \n\n184 \n\n184 \n\n247 \n\n107 \n\n142 \n\n185 \n\n36 \n\n38 \n\n38 \n\n2 \n\n2 \n\noverenskomst \n\ninternational - \ntilslutte sig denne konvention \ngennem en associering i hen= \nhold til s\u00e6rlig - \n\novergang \n\nindledning af -en til national \n\nvarem\u00e6rkeanmeldelse \n\n\u00e6ldre nationale m\u00e6rkers - til \n\nEF-anmeldelser \n\n202 \n\n265 \n\noverlade \n\net varem\u00e6rke -s ved kontrakt \n\nen anden til brug \n\n55,2 71 \n\noversigt \n\npassiver \n\nudlevere en - over aktiver og \n\n29 \n\n- 12/da -\n\nPE 64. 907 \n\n\fpapir \n\nbrug af m\u00e6rket p\u00e5 forretnings-er \n\nog som led i reklame \n\n187 \n\npariv\u00e6rdi \n\nden -, der var g\u00e6ldende p\u00e5 \n\ndeponeringsdagen \n\npart \n\nen - \nen afh\u00f8ring af -erne \nen retssag mellem -erne i \n\nanerkendelsessagen \n\n-erne i appelsagen \n-ernes bevismateriale \n-ernes personlig fremm\u00f8de \nkontraktens -er \nv\u00e6re - i retssager \n-erne i sagen \n\nperson \n\nanvisningsberettigede -ers \n\n188 \n\n189 \n190 \n\n190 \n189 \n189 \n190 \n190 \n110 \n189 \n\nog regnskabsf\u00f8reres ansvar \nog de hertil h\u00f8rende kontrol= \nforanstaltninger \n\nen fysisk eller juridisk - \nde fysiske -er, der er optaget \n\n183 \n192 \n\ni en ved Den Europ\u00e6iske Vare= \nm\u00e6rkemyndighed f\u00f8rt liste \nhave (den) adgang til at er= \n\n192 \n\nhverve rettigheder og indg\u00e5 \nforpligtelser der tilkommer \njuridiske -er \n\n34 \nv\u00e6re en selvst\u00e6ndig juridisk - 191 \nen -, der har \u00f8konomisk forbin= \n\ndelse med. \u00f8konomisk forbindelse mellem \n\nen - og. piratvirksomhed \n\nmuligheder for misbrug i form \n\naf - \n\nprocedure \n\nforenkling af anmeldelses-n \n-forskrifter \nkr\u00e6nkelse af v\u00e6sentlige form \n\neller -forskrifter \n\nregistrerings-n \nnationale registrerings-r og \n\nindsigelsessager \n\n192 \n\n192 \n\n193 \n\n202 \n202 \n\n202 \n202 \n\n202 \n\nproces \n\n-sen om kr\u00e6nkelse af et EF-m\u00e6r= \n\nke \n\nproducent \n\n202 \n\npr\u00e6judiciel \n\n-t afg\u00f8re sp\u00f8rgsm\u00e5l \nforebygge en - virkning af \n\n261 \n\nefter forskningsresultaterne 196 \n\npublikation \n\nudveksling af -er \n\n208 \n\np\u00e5klage \n\n(afg\u00f8relser) kan -s \n- afg\u00f8relser til Den Europ\u00e6iske \nDomstol for Varem\u00e6rkesager \n\nblive -t \n\np\u00e5mindelse \n\np\u00e5stand \n\nnedl\u00e6gge -\n\nregel \n\nprocesregler \n\nregister \n\n218 \n\n194 \n218 \n\n141 \n\n80 \n\n202 \n\nEF-varem\u00e6rkeregistret \n- for europ\u00e6iske f\u00e6llesm\u00e6rker \n\n223 \n223 \n\nregistrere \n\nkendetegn, der for fremtiden \n\nkan -s \n\n105,24 7 \n\nv\u00e6re -t som europ\u00e6isk vare= \n\nm\u00e6rke \n\n106 \n\nf\u00e5 -t et identisk eller til= \nsvarende varem\u00e6rke for sig \nselv \n\n106,161 \n\nregistrering \n\n105,202 \n\n-en bekendtg\u00f8res i Den Euro= \n\np\u00e6iske Registreringstidende \nfor Vare- og F\u00e6llesm\u00e6rker \ndagen for bekendtg\u00f8relsen om \n\n-en \n\nbeslutning om - \net -sbevis \nanmeldelse og - af EF-m\u00e6rker \n- af et europ\u00e6isk varem\u00e6rke \n-en af europ\u00e6iske varem\u00e6rker \n\n105 \n\n105 \n105 \n105 \n105 \n105 \n\noph\u00f8rer efter udl\u00f8bet af. 105 \n\nfortabelse af varem\u00e6rket ind= \ntr\u00e6der, efter at - er fore= \ntaget \n\nforuds\u00e6tningerne for -en \nhenvisning til -en \noph\u00e6ve - \n-sperioden \n-speriodens udl\u00f8b \nudl\u00f8bet af -sperioden \nvarem\u00e6rkets -sper iode er ud= \n\n105 \n105 \n105 \n105 \n105 \n105 \n105 \n\n-er og forhandlere \n\n120 \n\nl\u00f8bet \n\nprodukt \n\nk\u00f8be et - af samme kvalitet \n\nog type igen \n\n203 \n\n-sproceduren \n-sproceduren vedr\u00f8rende det euro= \n\n105 \n\np\u00e6iske varem\u00e6rke/europ\u00e6iske \nvarem\u00e6rker \n\n105 \n\n- 13/da -\n\nPE 64. 907 \n\n\fregistrering (forts. ) \n\nrepr\u00e6sentant \n\n105 \nforl\u00f8bet af -sproceduren \nomkostninger ved -sproceduren 105 \n-sproceduren for registrering af \n\net nationalt varem\u00e6rke \n\n105 \n\nvarem\u00e6rket/det europ\u00e6iske vare= \n\nm\u00e6rke er udelukket fra - \nde tilf\u00e6lde, hvor det anmeldte \n\n105 \n\nvarem\u00e6rke skal udelukkes \nfra - \n\nv\u00e6re udelukket fra - \nudelukkelse fra - \n- af varem\u00e6rker \nvarem\u00e6rkers - \n-ene varighed \n\n105 \n105 \n105 \n86 \n105 \n105 \n\nRegistreringstidende \n\nDen Europ\u00e6iske - for Vare- og \n\nF\u00e6llesm\u00e6rker \n\nbekendtg\u00f8re i Den Europ\u00e6iske \n- for Vare- og F\u00e6llesm\u00e6rker \n\nregistreringen bekendtg\u00f8res \n\ni Den europ\u00e6iske - for Vare-\nog F\u00e6llesm\u00e6rker \n\nde oplysninger der skal offent= \nligg\u00f8res i Den europ\u00e6iske -\nfor Vare- og F\u00e6llesm\u00e6rker \n\n31 \n\n31 \n\n31 \n\n31 \n\nreglement \n\nfasts\u00e6tte budget-et \nudf\u00e6rdige - for embedsm\u00e6ndene \n\nregnskab \n\n-sa fl\u00e6gge Ise \ngodkendelse af -et \nkontrollen af -et \n\nregnskabsf\u00f8rer \n\n224 \n254 \n\n54 \n54 \n54 \n\nanvisningsberettigede personers \nog -ers ansvar og de dertil \nh\u00f8rende kontrol foranstalt\u00ab \nninger \n\n53 \n\nregulativ \n\na f g i f t s - et t il denne konvention 224 \ndet t il denne konvention knyt \n\ntede a f g i f t e- \n\n224 \n\nregylerinq \n\n- af varem\u00e6rkeretten \n\n225 \n\nreklame \n\ni tilf\u00e6lde, hvor det beskytte \nde m\u00e6rke benyttes som falsk \n- eller til andre uretm\u00e6s \nsige form\u00e5l \n\n32,220 \n\nbrug af m\u00e6rket p\u00e5 forretnings \n\npapirer og som led i - \nm\u00e6rkets s\u00e6rpr\u00e6g eller -virk\u00ab \n\nning \n\net nyt varem\u00e6rke med -v\u00e6rdi \n\n209 \n\n161 \n161 \n\nden registrerede -,hvis be= \n\nf\u00f8j eiser er oph\u00f8rt \n\nudpege en -\n\nrepr\u00e6sentation \n\noverdrage flere befuldm\u00e6gtige= \n\nde -en \n\n-sbef\u00f8jeiserne \nfaglig -\nud\u00f8ve faglig - i varem\u00e6rke= \n\nsager \n\n-en af fysiske og juridiske \n\npersoner ved Den Europ\u00e6iske \nVarem\u00e6rkemyndighed \n\ntvungen -\nkunne ud\u00f8ve -\n- ved Den Europ\u00e6iske Varem\u00e6rke \n\nmyndighed \n\nkunne varetage -en i varem\u00e6rke \n\nsager \n\nrepr\u00e6sentere \n\n-. inden- og udenretligt \nkunne -/varetage repr\u00e6senta \ntionen i varem\u00e6rkesager \n\nret \n\n-sanvendelse \nen stedligt begr\u00e6nset brugs-\ncivil \nindskr\u00e6nkninger i disposi \n\ntions-ten \n\nene-\ngive ene \nindr\u00f8mme en fortrins-\nkrav om fortrins-\nnyde fortrins-\ngenerhverve sin tidligere -\ngenerhvervelse af -\nhandels-\n-ten er kompetent p\u00e5 det sted, \nhvor (repr\u00e6sentanten for sag \ns\u00f8gte) har sit forretnings \nsted \n\n2 30 \n\n230 \n230 \n\n231 \n231 \n231 \n\n231 \n\n231 \n231 \n231 \n\n231 \n\n231 \n\n34 \n\n231 \n\nlOO \nlOO \n100 \n\n100 \nlOO \n\u00ccOO \n100 \n100 \nloo \nloo \n236 \n\u00ccOO \n\n50 \n\nbegr\u00e6nsning af -ten til ind \n\nsigelse \nkonkurrence- \nfortabelse af et -smiddel \ngive - til at mods\u00e6tte sig \nophavs- \ninternational privat- \n-ten til varem\u00e6rker eller andre \n\n100 \nlOO \n218 \n100 \nlOO \nlOO \n\nkendetegn \n\nforbedringer, som kan tjene \ntil at fuldkommeng\u00f8re den \neurop\u00e6iske varem\u00e6rke \n\nfortabelse af varem\u00e6rke-ten \nindtr\u00e6der, efter at regi \nstrering er foretaget \n\nmateriel varem\u00e6rke-\n\nlOO \n\nlOO \n\nlOO \n100 \n\n- 14/da -\n\nPE 64. 907 \n\n\fretshandel \n\nen ensidig - \n\nretsomr\u00e5de \n\n3 \n\nde to -rs sameksistens (F\u00e6lles \nskabets varem\u00e6rkeret og den \nnationale varem\u00e6rkeret) \n\n100 \n\nretssag \n\nen - mellem parterne i aner-\n\nkendelsessagen \n\nretssikkerhed \n\n-en \nim\u00f8dekomme behovet for st\u00f8rst \n\nmulig - \n\nretssystem \n\n159 \n\n24 3 \n\n243 \n\nforholdet mellem flere nationa \n\nle -er \n\n184 \nforskelligartede nationale -er 153 \nden indbyrdes tiln\u00e6rmelse af \n\nde nationale -er \n\n100 \n\nvarem\u00e6rker, der henh\u00f8rer under \n\nforskellige -er \n\n255 \net europ\u00e6isk - for varem\u00e6rker 255 \n100 \nindf\u00f8re et - for varem\u00e6rker \n\nrettighed \n\nhave (den) adgang til at er \n\nhverve -er og indg\u00e5 forplig \ntelser (der tilkommer juri \ndiske personer) \n\n-erne i henhold t^il EF-vare= \n\nsag (forts. ) \n\nen retssag mellem parterne i \n\nanerkendelses-en \n\nanl\u00e6gge - \nanl\u00e6gge - om ugyldigkendelse \n\naf det europ\u00e6iske varem\u00e6rke \n\nappel- \ndeltage i -sbehandlingen \nindsigelses- \nv\u00e6re kompetent i -er, som an \nl\u00e6gges p\u00e5 grundlag af mang \nlende kompetence, kr\u00e6nkelse \naf v\u00e6sentlige formforskrif \nter \n\nen - om kr\u00e6nkelse \nparterne i -en \nefter -ens stilling \n\nsagkyndig \n\n-es bed\u00f8mmelse \n\nsagsbehandler \n\n-en \nen juridisk -\n\nsagsbehandling \n\nden -, som har f\u00f8rt til en \n\nafg\u00f8relse \n\nsameksistens \n\nde to retsomr\u00e5ders - \n-en. af ens eller tilsvarende \n\n202 \n218 \n\n4 \n202 \n202 \n202 \n\n218 \n4 \n202 \n202 \n\n117 \n\n113 \n113 \n\n202 \n\n44 \n\n34 \n\nvarem\u00e6rker \n\n44,161 \n\nm\u00e6rket \n\n100 \n\nsektion \n\nindf\u00f8re f\u00e6lles og autonome \n\nejendoms-er \n\nde nationale ejendoms-er \nudt\u00f8mning af varem\u00e6rke-er \n-er i henhold til \u00e6ldre vare \n\n261 \n261 \n100 \n\ngransknings-en \ngransknings-en tr\u00e6ffer afg\u00f8rel \n\n242 \n\nse om beg\u00e6ringen uden af \nh\u00f8ring \n\n242 \n\nm\u00e6rker \n\n100 \n\nselvst\u00e6ndighed \n\nen hensigtsm\u00e6ssig varetagelse \n\nmed administrativ og finan \n\naf -erne \n\n\u00e6ldre -er \nandre \u00e6ldre -er \nbegr\u00e6nsning af \u00e6ldre -er \nforetage efterforskning med \n\n100 \n100 \n100 \n100 \n\nsiel - \n\nsikkerhed \n\nstille - \nstille - for sagens omkostnin \n\nhensyn til \u00e6ldre -er \n\n12,216 \n\nger \n\nen unders\u00f8gelse ex officio med \n\nhenblik p\u00e5 \u00e6ldre -er \n\n100 \n\nst\u00f8rrelsen af -en \n\nsikring \n\n23 \n\n35 \n\n35 \n35 \n\nrevision \n\n- af en redelig konkurrence \n\n129 \n\n238 \n- af afg\u00f8relser \nforetages der - af afg\u00f8relsen 218 \n238 \n-skonferencen \n238 \ndeltage i -skonferencerne \n238 \n- af konventionen \n\nrevisor \n\n47 \n\nsag \n\nafg\u00f8re -er vedr\u00f8rende europ\u00e6iske \n\nvarem\u00e6rker som sidste instans 4 \n\nskelnem\u00e6rke \n\nd e f i n i t i on af m\u00e6rket som - 132,24 7 \n\ns k ik \n\nstride mod god - og brug \nm\u00e6rker, der strider mod god \n\n165 \n\n- og brug eller den offent \nlige orden \n\n165 \n\nslettelse \n\n- af h e lt e l l er d e l v is u b e n y t \n\nt e de m\u00e6rker \n\n161,211 \n\n- 15/da \n\n-\n\nPE 64. 907 \n\n\fsprog \n\nbehandlings-et \ndet i overs\u00e6ttelsen anvendte \ndet officielle -\n\nsp\u00f8rgsm\u00e5l \n\nrejse -et over for Den Euro \np\u00e6iske Domstol for Vare-\nm\u00e6rkesager \n\nstatsborger \n\nstatus \n\nforel\u00e6gge driftsregnskab og -\n\nstempel \n\nsuccessor \n\nsvarskrift \n\n-et \n\nsvstem \n\net europ\u00e6isk varem\u00e6rke \n\ns\u00e6de \n\nhave sit -\n\ns\u00e6rpr\u00e6g \n\nning \n\nm\u00e6rkets - eller reklamevirk \n\nunders\u00f8ge om m\u00e6rket har til \n\nstr\u00e6kkeligt -\n\ns\u00f8gsm\u00e5l \n\n-, som ang\u00e5r europ\u00e6iske vare \nm\u00e6rker/ang\u00e5ende nationale \nvarem\u00e6rker \n\nanl\u00e6gge - om fortabelse af et \n\neurop\u00e6isk f\u00e6llesm\u00e6rke \n\n152 \n152 \n152 \n\n239 \n\n235 \n\n29 \n\n33 \n\n26 \n\n218 \n\n255 \n\n245 \n\n161 \n\n161 \n\n4 \n\n4 \n\nanl\u00e6gge -, hvorved europ\u00e6iske \nvarem\u00e6rker s\u00f8ges kendt for \ntabt eller ugyldige/om for \ntabelse eller ugyldighed af det \n4 \neurop\u00e6iske varem\u00e6rke \n\nv\u00e6re berettiget til at anl\u00e6gge \n- om fortabelse eller ugyl \ndighed af europ\u00e6iske f\u00e6lles \nm\u00e6rker \n\n4 \n\nanl\u00e6gge -/sag om ugyldigkendelse \naf det europ\u00e6iske varem\u00e6rke \nanl\u00e6gge - vedr\u00f8rende nationale \n\nf\u00e6llesm\u00e6rker \n\nintervenere i et mod f\u00e6llesm\u00e6r \n\nkets indehaver anlagt - \n\ntilslutte sig et af indehaveren \n(af et europ\u00e6isk varem\u00e6rkeian-\nlagt - \n\nanl\u00e6gge - mod ans\u00f8geren om kr\u00e6n \n\nkelse \n\n(anl\u00e6ggelse af) - \n\n4 \n\n4 \n\n4 \n\n4 \n\n4 \n4 \n\ns\u00f8gsm\u00e5l (forts. ) \n\nfindes -et begrundet \n- om fortabelse af et europ\u00e6isk \n\n218 \n\nf\u00e6llesm\u00e6rke \n\n- om fortabelse af det euro \n\np\u00e6iske varem\u00e6rke \n\n- om europ\u00e6iske varem\u00e6rkers for \ntabelse eller ugyldighed/for \ntabelse eller ugyldighed af \ndet europ\u00e6iske varem\u00e6rke \n- med p\u00e5stand om fortabelse \n- om fortabelse eller ugyldig \n\n4 \n\n4 \n\n4 \n4 \n\nhed af et nationalt varem\u00e6rke 4 \n\nfrafalde et -, hvorved et euro \np\u00e6isk varem\u00e6rke s\u00f8ges kendt \nugyldigt \n\n4 \n\nhenl\u00e6gge - hvorved europ\u00e6iske \n\nvarem\u00e6rker s\u00f8ges kendt fortabt \neller ugyldige til en kompetent \n4 \nnational domstol \n4,202 \n\n- om kr\u00e6nkelse \nafg\u00f8relse af -et om kr\u00e6nkelse af \n\ndet europ\u00e6iske varem\u00e6rke \n- om/vedr\u00f8rende kr\u00e6nkelse af \net europ\u00e6isk varem\u00e6rke/euro \np\u00e6iske varem\u00e6rker \n\n- om kr\u00e6nkelse af europ\u00e6iske \n\nvarem\u00e6rker/nationale varem\u00e6r \nker \n\n4 \n\n202 \n\n4 \n\nhenl\u00e6gge - vedr\u00f8rende kr\u00e6nkelse \n\naf europ\u00e6iske varem\u00e6rker til en \n4 \nkompetent national domstol \nprocesregler for - om kr\u00e6nkelse 4 \nuds\u00e6tte -et om kr\u00e6nkelse af det \n\neurop\u00e6iske varem\u00e6rke \n\n-et rettes mod. - om europ\u00e6iske varem\u00e6rkers \n\n202 \n4 \n\nugyldighed/ugyldigkendelse/ \nugyldighed af det europ\u00e6iske \nvarem\u00e6rke \n\n4 \n\nden endelige afg\u00f8relse af -et \nom fortabelse eller ugyldig \nhed af det europ\u00e6iske vare \nm\u00e6rke \n\n4 \nunderrette licenshaveren om -et 4 \nanse -et for utilstedeligt el \n\nler \u00e5benbart ubegrundet \n\n4 \n\niai \n\nterritorium \n\ninden for/p\u00e5/for/fra kontrahe \n\nrende staters samlede - \n\ntilgodehavende \n\ntransferering af -r \n\n41 \n\n258 \n\n25 \n\ntilknytning \n\nvarem\u00e6rket angiver oprindelsen \n\naf den vare, som det har \n- til \n\n207 \n\n- 16/da -\n\nPE 64. 907 \n\n\ftiln\u00e6rmelse \n\nden indbyrdes - af de natio \n\nnale retssystemer \n\n214 \n\ntilsyn \n\nf\u00f8re det overordnede - med \n\npersonalet \n\ntjeneste \n\n-pligter \nendt -tid \nunder deres -tid \n\ntjenesteydelse \n\nm\u00e6rker for -r \ngennemf\u00f8relsen af den frie be \n\n161 \n\nv\u00e6gelighed for m\u00e6rkevarer og \n-r under et varem\u00e6rke \n\n245 \nvirksomheden, som pr\u00e6sterer -r 108 \n\nTreaty \n\n\"Trademark Registration -\" \n\n264 \n\ntredjemand \n\nfortrinsretten over for -s \n\nrettigheder \n\ntro \n\nikke v\u00e6re i god -\n\ntvangs fuldbyrdelse \np\u00e5tegning om -\n\ntvist \n\n260 \n\n124 \n\n128 \n\nudgift (forts. ) \npersonale-er \n\nudtalelse \n\nfremkomme med en -\n\n24 \n\nudvalg \n\nkontrol-\n\n125 \n125 \n125 \n\n83 \n\n174 \n\n48 \n\nugyldighed \n\nEF-m\u00e6rkets - p\u00e5 grund af abso \nlutte hindringer for r e g i \nstrering \n\n173,221 \n\nfortabelse eller - af et \n\nEF-varem\u00e6rke \n\n173 \n\np\u00e5stand om -skendelse af E F-\n\nm\u00e6rket \n\n170 \n173 \n\ns\u00f8gsm\u00e5l om -skendelse \ntillade p\u00e5ber\u00e5belse af - i form \n\naf en indsigelse \n\n2 74 \n\n-ens retsvirkning (det europ\u00e6iske \n\nvarem\u00e6rke) \n\n163 \n\ns\u00f8gsm\u00e5l om europ\u00e6iske varem\u00e6r \n\nkers fortabelse eller -/forta \nbelse eller ugyldighed af det \neurop\u00e6iske varem\u00e6rke \n\n173 \n\n- p\u00e5 grund af at der foreligger \n\u00e6ldre varem\u00e6rker eller andre \n\u00e6ldre rettigheder \n\n173 \n\nunderretn ing \n\ngive -\ngive - herom \n\n172 \n172 \n\nvarem\u00e6rkeretlige -er \n\n59 \n\nunders\u00f8gelse \n\ntvistighed \n\nv\u00e6re kompetent i alle sager \nang\u00e5ende -er mellem. uafh\u00e6ngighed \n\nfrembyde fuld garanti for -\norganernes -\npersonlig -\n\nuan f\u00e6gtelighed \nEF-m\u00e6rkets -\nprincippet om -\n\nudbud \n\nen n u a n c e r i ng af \n\n- et \n\nudformning \n\nEF-varem\u00e6rkets r e t l i ge \n\n-\n\nu d g i ft \n\ni b u d g e t t et a n f \u00f8 r te \n- er \n\n- er \nb e v i l ge \n- s b e v i l l i ng \nde \nd\u00e6kning af \nkonstatere lovformeligheden og \nretm\u00e6ssigheden af indt\u00e6gter \nog -er \n\n- er \n\nen - ex officio med henblik \n\np\u00e5 \u00e6ldre rettigheder \n\n112 \n\n159 \n\nundladelse \n\n-ss\u00f8gsm\u00e5l eller erstatnings-\n\nsag \n\n4,37,99 \n\nung \n\nregistreringen af et yngre, iden \ntisk eller forveksleligt m\u00e6r \nke \n\n161 \n\nuoverensstemmelse \n\n-r mellem de kontraherende \n\nstater \n\nurigtighed \n\n90 \n\nberigtigelse af \u00e5benbare -er \n\n122 \n\nuser \n\nprincippet \"honest concurrent \n\nvare \n\nvildlede offentligheden med \n\nhensyn til -rnes art eller \noprindelse \n\nbrugsm\u00e6ssigt besl\u00e6gtede -r \n\n272 \n\n203 \n203 \n\n138 \n138 \n135 \n\n137 \n137 \n\n178 \n\n63 \n\n83 \n83 \n83 \n83 \n\n83 \n\n- 17/da -\n\nPE 64. 907 \n\n\fvare (forts. ) \n\nmarkedsf\u00f8ringen af -n til daglig \n\nbrug eller forbrug \n\nde med (f\u00e6lles)m\u00e6rket forsy \n\nnede -r \n\n-r, der bringes i oms\u00e6tning \n\n203 \n\n203 \n\nunder samme eller tilsvaren \nde varem\u00e6rker \n\nsamme eller ligeartede -r \nn\u00e5r -rnes tilstand er \u00e6ndret \n\n161,203 \n203 \n\neller forringet \nen virksomheds -r \nden moderne -distribution \n\nvarem\u00e6rke \n\nafsig p\u00e5 anmeldelsen af et - \nafsl\u00e5 -t \nafsl\u00e5 en -anmeldelse \nafg\u00f8relser, hvorved en -anmel \n\ndelse er afsl\u00e5et \n\n203 \n203 \n96 \n\n161 \n80 \n161 \n\n161 \n\n-t anerkendes og beskyttes som \nproducentens eller handels \nvirksomhedens eneret \n\n161 \n161 \ndet anmeldte - \n161 \n-ts anvendelse \nlOO \n-ts teritoriale begr\u00e6nsning \n161 \nbeskyttelse af -r \n161 \nbrugen af -t \nden brug, der er gjort af -t \n161 \nindehavere af i brug v\u00e6rende -r 161 \nkun et i brug v\u00e6rende - eller \n\net m\u00e6rke, som p\u00e5t\u00e6nkes taget \ni brug, kan benyttes \n\n161 \n\nmods\u00e6tte sig brug af et \u00e6ldre \n- eller anden \u00e6ldre rettig \nhed \n\n161 \net EF-varem\u00e6rke \n161 \n-r, som har europ\u00e6isk karakter 161 \ndet - \n\nhvis fortabelse eller \n\nugyldighedskendelse s\u00f8ges \nopn\u00e5et \n\n161 \nformer for -r \n161 \net andet forveksleligt \u00e6ldre - 161 \ni v\u00e6sentligt omfang g\u00f8re brug \n\naf et forveksleligt - \n\n161 \n\nf\u00e5 registreret et identisk el \nler tilsvarende - for sig \nselv \n\n161 \n-ts indehaver \n161 \nindehavere af i brug v\u00e6rende -r 161 \nindehaveren af et - eller den \n\nnes licenshaver \n\nintervenere i et mod indeha \n\nveren af -t anlagt s\u00f8gsm\u00e5l \nflere lignende -r tilh\u00f8rende \n\nden samme indehaver \n\nindehavere af registrerede \nog vitterlig kendte -r \n\n-indehaverens vilje \nindehaveren af det \u00e6ldre - \nindividuelle -r \ndet individuelle - \nlicenser til udnyttelse af \n\n\u00e6ldre -r \n\n161 \n\n161 \n\n161 \n\n161 \n161 \n161 \n161 \n161 \n\n161 \n\nvarem\u00e6rke (forts. ) \n\nikke have kendskab til eksisten \nsen af et ligelydende eller \ntilsvarende - \n\n161 \n\nanvende -t i modstrid med dets \n\nfunktion \n\noph\u00e6ve -t \n-t anses for oph\u00f8rt \noverdrage det \u00e6ldre - \noverdragelse af det \u00e6ldre - \noverf\u00f8relse af -t \nv\u00e6re en forvekslelig gengivel \nse, efterligning eller over \ns\u00e6ttelse af et - \n\net regionalt - \n-rs registrering \nregistrering af -r \n-ts registrering \n-t er udelukket fra registre \n\nring \n\n161 \n161 \n161 \n161 \n161 \n161 \n\n161 \n161 \n161 \n161 \n163 \n\n161 \n\nud\u00f8ve faglig repr\u00e6sentation \n\ni -sager p\u00e5 grundlag af s\u00e6r \nlige faglige kvalifikationer 161 \n\nkunne repr\u00e6sentere/varetage re \n\npr\u00e6sentationen i -sager \nrettigheder i henhold til \n\n161 \n\n\u00e6ldre -r \n\n-rnes retsvirkninger \nvarer, der bringes i oms\u00e6tning \nunder samme eller tilsvaren \nde -r \n\nsidel\u00f8bende -r \ndet p\u00e5 varerne anbragte - \ndet \u00e6ldre - \n\n161 \n163 \n\n161 \n161 \n161 \n161 \n\nvarem\u00e6rke, det europ\u00e6iske \n\n163 \nafkald p\u00e5 et - \n163 \ngive skriftligt afkald p\u00e5 et - 163 \nadgang til akterne vedr\u00f8rende \n\net - \n\nanmeldelse af et - \nafsig p\u00e5/afsl\u00e5 anmeldelser \n\naf -r \n\nafsl\u00e5 anmeldelsen af - \nakter vedr\u00f8rende anmeldelser \n\naf -r \n\n163 \n163 \n\n163 \n163 \n\n163 \n\nbekendtg\u00f8relse af anmeldelsen \n\naf - ' \n\n163 \nregnet fra anmeldelsesdagen (-) 163 \nfremsendelse af anmeldelser \n\naf -r \n\n163 \ngranskning af anmeldelser af -r 163 \nindgive anmeldelse af -r \n163 \nindsigelser mod en anmeldelse \n\naf et - \n\nfrems\u00e6tte indsigelse mod an \n\nmeldelsen af det - \n\nmangler ved anmeldelsen af \n\ndet - \n\n163 \n\n163 \n\n163 \n\nmeddelelse om anmeldelse af \n\net - \n\n163 \nmodtage anmeldelser af -r \n163 \nmodtagelse af anmeldelser af -r 163 \n163 \nretten til anmeldelse af -r \n\n- 18/da -\n\nPE 64. 907 \n\n\fvarem\u00e6rke, det europ\u00e6iske (forts. ) \n\ntr\u00e6kke anmeldelsen af et \n\n- tilbage \n\nunders\u00f8gelser/behandling af \n\nanmeldelser af -r \n\n163 \n\n163 \n\nvarefortegnelsen til anmel \n\n163 \ndelsen af det - \n\u00e6ldre -anmeldelser \n163 \n\u00e6ndringer i anmeldelser af -r 163 \n163 \nanmelderen af et - \n163 \ndet - har autonom karakter \n163 \nbegrebet - \nen beskrivelse af det - \n163 \nden beskyttelse, der er knyttet \n\ntil det - \n\n-rs territoriale beskyttelses \n\nomr\u00e5de \n\nandres brug af et - p\u00e5 anden \n\nm\u00e5de end som varem\u00e6rke \nmods\u00e6tte sig brug af det - \ng\u00f8re brug af det - i v\u00e6sent \n\nligt omfang \n\n-rs enhedskarakter \nde -r har enhedskarakter og \n\nautonom karakter \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n163 \n\n163 \n\nen forkyndelse, der vedr\u00f8rer \n\ndet - \n\n163 \nfornyelse af et - \n163 \nbeg\u00e6ring om fornyelse af et - 163 \n163 \net - fortabes \nendelig kendelse om, at et \n\n- er helt eller delvis for \ntabt \n\nkende et -/varem\u00e6rket fortabt \n\neller ugyldigt \n\nfastsl\u00e5, at det - var fortabt \n\np\u00e5 et bestemt tidspunkt \nkun i f\u00f8rste instans tillade \net kontras\u00f8gsm\u00e5l, hvorved \ndet - s\u00f8ges kendt fortabt \neller ugyldigt \n\net kontras\u00f8gsm\u00e5l, hvorved det \n- s\u00f8ges kendt fortabt eller \nugyldigt/om fortabelse eller \nugyldighed af det europ\u00e6iske \nvarem\u00e6rke \n\n163 \n\n163 \n\n163 \n\n163 \n\nvarem\u00e6rke, det europ\u00e6iske (forts. ) \nkunne fremkomme med indsigelse \ng\u00e5ende ud p\u00e5 fortabelse el \nler ugyldighed af det - \n\n163 \n\nklage med p\u00e5stand om kendelse \n\nom fortabelse af det - \n\n163 \n\nindgive klage med p\u00e5stand om \nkendelse om fortabelse af \ndet - \n\nkontras\u00f8gsm\u00e5l om fortabelse el \n\n163 \n\n163 \n163 \n\nler ugyldighed af -r \n\nf o r t a b e l s en af et - \n\np \u00e5 b e r \u00e5 be \nfortabelsens retsvirkning (-) 163 \ns\u00f8gsm\u00e5l/procedure vedr\u00f8rende \n\nkendelse om fortabelse eller \nugyldighed af det - \n\n163 \n\ns\u00f8gsm\u00e5l om -rs fortabelse eller \nugyldighed/fortabeIse eller \nugyldighed af et europ\u00e6iske \nvarem\u00e6rke/et nationalt vare \nm\u00e6rke \n\n163 \n\nden endelige afg\u00f8relse af s\u00f8gs \nm\u00e5let om fortabelse eller \nugyldighed af det - \n\n163 \n\ni f\u00f8rste instand afg\u00f8re et s\u00f8gs \nm\u00e5l om fortabelse eller ugyl \ndighed af et - \n\n163 \n\nkonstatering af tidspunktet \n\nfor -rs fortabelse \n\nfortabelse af -r for s\u00e5 vidt \nang\u00e5r en del af varerne \nfortabelse af -r ved disses \n\n163 \n\n163 \n\novergang til almindelige vare \nbetegnelser \n\n163 \n\nfortabelsen/ugyldigheden af det \n\n- registreres i det europ\u00e6iske \nvarem\u00e6rkeregister og bekendt \ng\u00f8res i Den europ\u00e6iske Regi \nstreringstidende for Vare- og \nF\u00e6llesm\u00e6rker \n\n163 \n\nfortabelse af -r p\u00e5 grund af \nvildledning af publikum \n\nen gengivelse af det - \nindehaveren af et - \nindehaveren af et - eller den \n\n163 \n163 \n163 \n\n163 \n\n163 \n\nnes licenshaver. gennem et kontras\u00f8gsm\u00e5l, \nhvorved det - s\u00f8ges kendt \nfortabt eller ugyldigt/om \nfortabelse eller ugyldighed \naf det europ\u00e6iske varem\u00e6rke 163 \n\ns\u00f8gsm\u00e5l om -rs fortabelse/for-\n\nindehaveren af det - eller hans \n\nlicenshaver \n\n-indehaverens repr\u00e6sentant \nindehaveren af det - eller \n\n161 \n163 \n\nden, til hvem retten er over \ng\u00e5et \n\n161 \n\naf det europ\u00e6iske varem\u00e6rke 163 \n\nkr\u00e6nkelse af det -/et nationalt \n\nanl\u00e6gge s\u00f8gsm\u00e5l hvorved -r \n\ns\u00f8ges kendt fortabt eller \nugyldige \n\nhenl\u00e6gge s\u00f8gsm\u00e5l hvorved -r \ns\u00f8ges kendt fortabt eller \nugyldige, til en kompetent \nnational domstol \n\nfortabelse af -r \nbetingelser for fortabelse af \n\ndet - \n\nfortabelse af -r p\u00e5 grund af \n\nundladt brug \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n\nvarem\u00e6rke \n\ns\u00f8gsm\u00e5l om kr\u00e6nkelse af et -/ \n\net nationalt varem\u00e6rke \n\nafg\u00f8relse af s\u00f8gsm\u00e5let om kr\u00e6n \n\nkelse af det - \n\nhenl\u00e6gge s\u00f8gsm\u00e5l vedr\u00f8rende \n\nkr\u00e6nkelse af -r til en kompe \ntent nationalcbmstol \n\nuds\u00e6tte s\u00f8gsm\u00e5let om kr\u00e6nkelse \n\naf det - \n\nlicens til et - \ndet - oph\u00e6ves \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n163 \n\n- 19/da -\n\nPE 64. 907 \n\n\fvarem\u00e6rke, det europ\u00e6iske (forts. ) \n\ndet -s oph\u00f8r \noph\u00f8rsgrunde i forbindelse med \n\n163 \n\net - \n\noverdrage det - \noverdragelse af det - \nregistrere et - \net registreret - \nde varer, for hvilke det - er \n\nregistreret \n\ndet - registreres i det euro \np\u00e6iske varem\u00e6rkeregister \n\ndet -s registrering \nregistrering af det -/som euro \n\np\u00e6isk varem\u00e6rke \n\nanmodning om registrering af \n\net - \n\nbeg\u00e6re registrering af et - \nbekendtg\u00f8relsen om registre \n\nringen af det - \n\nregistrering og bekendtg\u00f8relse \n\naf fornyelser af -r \n\nbeslutte registreringen af \n\ndet - \n\nregistreringsbevis for -r \ng\u00f8re/frems\u00e6tte indsigelse(r) \nmod registreringen af et - \nudl\u00f8bet af registreringsperio \n\nden for det - \n\n163 \n163 \n163 \n163 \n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n\n163 \n163 \n\n163 \n\n163 \n\nregistreringsproceduren ved \n\nr\u00f8rende det -/europ\u00e6iske vare \nm\u00e6rker \n\n163 \n\nhave adgang til den del af \n\nakterne, som direkte ang\u00e5r \nregistreringsproceduren ved \nr\u00f8rende det - \n\n-registreringsovergang til \n\n163 \n\nnational varem\u00e6rkeanmeldelse 163 \n\nuanf\u00e6gtelighed p\u00e5 tidspunktet \n\nfor det -s registrering \nregistreringens varighed (-) \noverf\u00f8relse af retten til \n\ndet - \n\nstiftelse af ret i henhold til \n\net - \n\nretsgyldigheden af det - \nbestride retsgyldigheden af \n\n163 \n163 \n\n163 \n\n163 \n163 \n\ndet - \n\n163 \n163 \nretshandler vedr\u00f8rende -r \nerhverve rettigheder til det - 163 \nrettigheder i henhold til \n\ndet - \n\nafg\u00f8re sager vedr\u00f8rende -r \n\nsom sidste instans \nv\u00e6re i strid med det - \net \u00e6ldre varem\u00e6rke eller anden \n\n163 \n\n163 \n163 \n\n\u00e6ldre rettighed, som er i strid \nmed det - \n\ndet - har erhvervet s\u00e6rpr\u00e6g \ns\u00f8gsm\u00e5l, hvorved -r s\u00f8ges \n\nkendt fortabt \n\ns\u00f8gsm\u00e5l, som ang\u00e5r -r/ang\u00e5ende \n\nnationale varem\u00e6rker \n\n163 \n163 \n\n163 \n\n163 \n\nvarem\u00e6rke, det europ\u00e6iske (forts. ) \nendelig afg\u00f8relse af s\u00f8gsm\u00e5let \nom fortabelse eller ugyldig \nhed af det -\n\ndet - er blevet/bliver uanf\u00e6g \n\n163 \n\nteligt i forhold til/over for \nindehaveren \n\ndet -s uanf\u00e6gtelighed \nkende det - ugyldigt \nendelig kendelse om, at et \n\n- er helt eller delvis ugyl \ndigt \n\n-rs ugyldighed \n-rs ugyldighed p\u00e5 grund af \n\nkr\u00e6nkelse af personlige ret \ntigheder \n\np\u00e5ber\u00e5be ugyldigheden af det/ \n\net -\n\n-rs ugyldighed p\u00e5 grund af \nabsolutte hindringer for \nregistrering \n\nugyldighedens retsvirkning \n\n(-) \n\ns\u00f8gsm\u00e5l om -rs ugyldighed/ \n\nugyldigkendelse/ugyldighed \naf det europ\u00e6iske varem\u00e6rke \n-rs ugyldighed for s\u00e5 vidt an \n\ng\u00e5r en del af varerne \n-rs ugyldighed p\u00e5 grund af \n\n\u00e6ldre varem\u00e6rker og andre \n\u00e6ldre rettigheder \n\nappelsag om ugyldigkendelse \n\naf et -\n\nanl\u00e6gge s\u00f8gsm\u00e5l/sag om ugyl\u2014 \n\ndigkendelse af det -\n\nvareklassificering for -r \n\u00e6ndring af det -\n\nvarem\u00e6rke, nationalt \n\n-r \nde allerede eksisterende -r \nanmelde et - som europ\u00e6isk \n\nvarem\u00e6rke \n\nanmeldelse af eksisterende -r \nsom europ\u00e6iske varem\u00e6rker \nindehaveren af et - eller den, \ntil hvem retten til dette \ner overg\u00e5et \n\nindehavere af overensstemmen \n\nde -r \n\nnotere de -r i det europ\u00e6iske \n\nvarem\u00e6rkeregister \n\nnye -r \nopretholde det - i den kontra \n\nherende stat, hvori. oprindelsestidspunkt og de \n\nretsstiftende kendsgernin \nger (vedr\u00f8rende) det - \n\nregistrering af et - \net -s retsgyldighed \ns\u00f8gsm\u00e5l om fortabelse eller \n\nugyldighed af et - \n\nvedr\u00f8re et - \n\n163 \n163 \n163 \n\n163 \n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n\n163 \n163 \n163 \n\n161 \n161 \n\n161 \n\n161 \n\n161 \n\n161 \n\n161 \n161 \n\n161 \n\n161 \n161 \n163 \n\n173 \n161 \n\n- 20/da -\n\nPE 64. 907 \n\n\fvarem\u00e6rkemyndighed \n\nEF-varem\u00e6rkemyndigheden \nden nationale -\n\nVarem\u00e6rkemyndighed, Den/den \n\nEurop\u00e6iske (EVM) \nadministrationsr\u00e5det (EVM). forhandlinger. lovligheden af handlinger. bef\u00f8jelser \n\nindgive skriftlig ans\u00f8gning \n\ntil - \n\nindgive skriftlig appelbeg\u00e6 \n\nring til - \n\nblive appelleret til - \nbudget (EVM) \n-s f\u00f8rste budget\u00e5r \nformanden (EVM) \nindt\u00e6gter (EVM) \nreglement for embedsm\u00e6ndene og \nbestemmelser om ans\u00e6ttelses \nvilk\u00e5rene for de \u00f8vrige funk \ntion\u00e6rer ved - \n\n175 \n177 \n\n176 \n\n176 \n\n176 \n\n176 \n176 \n176 \n176 \n176 \n176 \n\n176 \n176 \n\nretlig karakter (EVM) \nh\u00e6ftelse i kontraktforhold (EVM) 176 \nh\u00e6ftelse uden for kontrakfor\u2014 \n\nhold (EVM) \n\nlede (institutionen) (EVM) \nledelse (EVM) \norganer (EVM) \nfysiske personer, der er op \n\n176 \n176 \n176 \n176 \n\ntaget i en ved - f\u00f8rt liste 176 \n179 \n176 \n176 \n176 \n\npublikationer (EVM) \nrepr\u00e6sentanterne ved - \nrepr\u00e6sentationen ved - \nud\u00f8ve repr\u00e6sentation ved - \nrepr\u00e6sentationen af fysiske og \n\njuridiske personer ved - \nlade sig repr\u00e6sentere ved - \nretsstilling (EVM) \nsager (EVM) \nsagsbehandling ved. (EVM) \ns\u00e6de (EVM) \nTidende (EVM) \nudgifter (EVM) \nviceformanden (EVM) \nvirksomhed (EVM) \ndagen for/. efter \u00e5bningen \n\naf - \n\n176 \n176 \n176 \n176 \n176 \n176 \n176 \n176 \n176 \n176 \n\n176 \n\nVarem\u00e6rkereqister. Det europ\u00e6iske \n\nen s\u00e6rlig afdeling (af) - \nnotere nationale varem\u00e6rker \n\n176,223 \n223 \n\ni - \n\nregistrere afkaldet i - \nden, der er registreret i - \nregistrere en licens i - \nregistrere/indf\u00f8re/notere/ \n\nregistreringen i - \n\ndet europ\u00e6iske varem\u00e6rke regi \n\nstreres i - \n\nregistreringen/registreringer \n\nne - \n\n223 \n223 \n223 \n223 \n\n223 \n\n223 \n\n223 \n\nVarem\u00e6rkeregister, Det europ\u00e6iske \n\nregistreringen af henvisnin \n\ngen i - \n\n- er offentligt tilg\u00e6ngeligt \nen udskrift af - vedr\u00f8rende \ndet europ\u00e6iske varem\u00e6rke \n\n223 \n223 \n\n223 \n\nvarem\u00e6rkeret \n\nen f\u00e6llesskabs- \nen - g\u00e6ldende inden for F\u00e6lles \n\n100 \n\nskabet som helhed \n\nden materielle - \n\nvedt\u00e6gt \n\n-er vedr\u00f8rende m\u00e6rket \nadgang til -erne vedr\u00f8rende \n\nm\u00e6rker \n\n(have) adgang til eftersyn af \n\n-erne vedr\u00f8rende m\u00e6rker \nen brug i strid med -erne \n\u00e6ndringen af -erne \n\u00e6ndring af -erne vedr\u00f8rende \n\nm\u00e6rker \n\nen -s\u00e6ndring \n\n100 \n100 \n\n224 \n\n224 \n\n224 \n224 \n224 \n\n224 \n224 \n\nvidne \n\net -, der ikke er m\u00f8dt \n\n257 \n\nvildlede \n\n- offentligheden med hensyn til \n\nvarernes art eller oprindelse 268 \n161 \n\nregistrering af -nde m\u00e6rker \nudelukke -nde m\u00e6rker fra re \n\ngistrering \n\nvildledning \n\nforveksling^ - eller fejlta \n\ngelser \n\n161 \n\n109 \n\nbeskytte forbrugeren mod for \n\nveksling, - og fejltagelse 60,109 \n\nfortabelse af EF-m\u00e6rket p\u00e5 grund \naf at der senere indtr\u00e6der en \nrisiko for - \n\n269 \n\nvirkning \nhave -\nm\u00e6rkets reklame \nhave en teknisk -\n\nvirksomhed \n\nberetning om -en \nerhvervs \nen tilknyttet -\n\nydelse \n\n102 \n125 \n237 \n\n213 \n111 \n108 \n\n-r fra de kontraherende stater 66 \n\n- 2l/da -\n\nPE 64. 907"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3f04deda-2644-4313-8ff4-30c189b629bb", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the proposal from the Commission to the Council for a directive amending Directive 69/169/EEC to extend and modify the exceptions granted to Denmark and to Ireland relating to the rules governing travellers' allowances on imports", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Economic and Monetary Affairs,European Parliament", "date": "1991-12-13", "subjects": "Denmark,Ireland,import,tariff policy,tax system", "workIds": "celex:51991AP0368", "eurovoc_concepts": ["Denmark", "Ireland", "import", "tariff policy", "tax system"], "url": "http://publications.europa.eu/resource/cellar/3f04deda-2644-4313-8ff4-30c189b629bb", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/160dcc4d-9c2a-4fa4-8015-609faf050dcf", "title": "RESOLUTION on general principles of Pan-European energy cooperation, energy cooperation with the USSR and electricity supplies to Central and Eastern European countries", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_other_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Industry, Research and Energy,European Parliament", "date": "1991-12-13", "subjects": "Central and Eastern Europe,USSR,energy distribution,energy production,energy supply,energy use,environmental protection,international cooperation", "workIds": "celex:51991IP0309", "eurovoc_concepts": ["Central and Eastern Europe", "USSR", "energy distribution", "energy production", "energy supply", "energy use", "environmental protection", "international cooperation"], "url": "http://publications.europa.eu/resource/cellar/160dcc4d-9c2a-4fa4-8015-609faf050dcf", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8aea1f0c-b0e0-4884-a44a-d4f4db57b68b", "title": "Proposal for a COUNCIL REGULATION ( EEC ) laying down common marketing standards for preserved tuna and bonito", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "labelling,marketing,marketing standard,preserved product,product designation,sea fish", "workIds": "celex:51991PC0527,comnat:COM_1991_0527_FIN", "eurovoc_concepts": ["labelling", "marketing", "marketing standard", "preserved product", "product designation", "sea fish"], "url": "http://publications.europa.eu/resource/cellar/8aea1f0c-b0e0-4884-a44a-d4f4db57b68b", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC91) 527 final \n\nBrussels, 13 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nlaying down common marketing atandarda \n\nfor preserved \n\ntuna and \n\nbonlto \n\n(presented by the Commission) \n\n\fEXPLANATORY MEMORANDUM \n\nthe \n\nAt \n1989, \npreserved \nnecessary \npriority \n\ntime \nReg. the \n\nof \n(EEC) \n\nstudies \nN \n\n2136/89 \n\nwhich \n\nled \n\nfixing \nMember \n\nthe Council \ncommon marketing \nand \n\nto \n\nsardines, \nto \nbeing \n\nextend \ngiven \n\nseveral \nthe \n\nto \n\ntuna \n\nexercise \nand \n\nStates \nto \nbonito. other \n\nthe \nfishery \n\nadopt, \n\non 21 \n\nstandards \n\nCommission \n\nproducts, \n\nJune \nfor \ndeemed \nwith \n\n42 and 43 of \nana \n\nbonlto \nspeaking, \n\nthe \n\npresent \non \n\nThe \nfixing, \ncommon organization \nArts. tuna \nGenerally \nproduct, \npreparation \nthe \nthe \nmain \nstabilization \ncompetition \nprofitability \n\npreparation \nprovision \npurpose \n\ndo not \n\nis \n\nof \n\nof \nconditions \n\nof \n\ntuna \n\ndraft \n\nregulation \n\nbasis \n\nof Art. is \n\nintended \n2 of Council \nfor \n\nto meet \n\nthis \n(EEC) N \n\nReg. fishery \n\nproducts, \n\nthe market \n\nof \nthe Treaty, \n\nmarketed \nthese \n\naffect \nconcerning \n\nthe \nthe \n\ncommon marketing \nCommunity \nwhich \n\nthe \n\nwhich \n\nalready \n\ningredients \n\nin \n\nstandards, \nrules \nvarious \n\nstandards \nfor \n\napply \n\nonly \n\nexist \nused \npublic \nthe \nby means \n\nof \n\nthe \ninformation \nensure \nto \nthe \n\nfinished \n\nto \n\nproduct, \nconsumers \nclarification, \n\nthe \nmarket \non \nproduction \n\nthe \n\nthe \n\ntransparency \n\nand, \nCommunity \nthe \nin \n\nconsequently \n\nto \n\ngarantee \n\nmarket \nCommunity. and \n\nto \n\nimprove \n\nobjective \n\n3796/81 \n\nitself \n\nfor \n\nhuman \nto \nor which \n\nthe \n\nas \n\nare \nraw materials \naspects \n\nhealth \n\nof \n\nlabelling. on \nbased \n\nby \nthe \non \npreserved \nconsumption. finished \nunder \nIn \nor \nTheir \nthe \nfair \nthe \n\nand \n\nWith \ntuna \nprovisions \nmarketing \ncontext, \nmarketed \n\na view \nand \n\nto \n\nbonito \nfor \n\nensuring \nproducers \nsale \nthe \n\nproduct \nhas \n\nbeen \n\nmarket \nand \nof \nwhich \n\ntransparency \n\nconsumers, \n\nthe \n\nproducts \n\nthe \n\ndoes \n\nnot meet \n\ndrawn \ntuna \n\nup defining \nand bonito \n\nthe \n\nin \ndraft \nconcerned \nthese \nthe \n\ninterests \nstandards \nand \n\nprovisions. of \nlay \n\nforbids \n\nIn \nmay \n\nwhich \n\nspecies \nrespectively. the \n\nterms \n\nof \n\nof \n\nany \n\nlist \n\na \nunder \n\nand \n\nlist \ncovering \n\nThe non-exhaustive \nthe \nbonito) \nbetter \nproviding \nof \ndescription \nthe \npreparation \nthe \n\nculinary \n\ninformation \nfinished \n\nof presentations \nfurther \nmedia \n\nfor \nmakes \n\neach \nit \n\ntype \npossible, \nto \n\nof \n\nfish \nwith \n\n(tuna \na view \n\nadapt \n\nthe \n\ninto \n\naccount \n\nthe \n\ntype \n\nconsumer, \ntaking \n\nto \nproduct \nconcerned. the \nby \n\nboth \ndown \nthe \nthis \nbe \n\nor \nto \ntrade \nof \n\nPursing \nindicate \n\nthe \n\nthe \n\nsame \nfish \n\nobjective \n\nof market \n\ntransnparency, \n\nthe \n\nlabelling \n\nshould \n\ncontent. \" A 9v^> -\nProposal for a \n\nCOUNCIL REGULATION (EEC) No \n\n/ \n\nof \n\nlaying \n\ndown common marketing \n\nstandards \n\nfor preserved \n\ntuna and bonito \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving \n\nregard \n\nto \n\nthe Treaty \n\nestablishing \n\nthe European \n\nEconomic \n\nCommunity, \n\nHaving regard \n\nto Council Regulation \n\n(EEC) No 3796/81 of 29 December \n\n1981 on the common organization \n\nof the market \n\nin fishery \n\nproducts,* \n\nas \n\nlast \n\namended by Regulation \n\n(EEC) No 3571/90,2 \n\nand in \n\nparticular \n\nArticle 2(3) \n\nthereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas Regulation \n\n(EEC) No 3796/81 provides \n\nfor \n\nthe possibility \n\nof \n\nadopting common marketing standards \n\nfor \n\nfishery \n\nproducts \n\nin \n\nthe \n\nCommunity, particularly \n\nin order \n\nto keep products of unsatisfactory \n\ncommercial quality off \n\nthe market and to facilitate \n\ntrade \n\nrelations \n\nbased on fair competition; \n\nWhereas the adoption of such standards for preserved tuna and bonito \n\nis \n\nlikely \n\nto \n\nimprove \n\nthe profitability \n\nof \n\ntuna production \n\nin \n\nthe \n\nCommunity, and the market outlets \n\ntherefor, and to facilitate \n\ndisposal \n\nof the products; \n\nWhereas it must be specified \n\nin this context, particularly \n\nin order to \n\nensure market \n\ntransparency, \n\nthat \n\nthe products concerned must be \n\nprepared exclusively \n\nfrom well defined species; \n\nWhereas, in order to ensure clarity \n\nin the trade description of \n\nthe \n\nproducts concerned, the presentations \n\nin which they are marketed should \n\nbe defined and the method of designation of the covering media laid \n\ndown ; \n\nwhereas these criteria must not, however, be such as to preclude \n\nthe \n\nintroduction of new products onto the market; \n\n1 OJ No L 379, 31. 12. 1981, p. 1. o nr Mn r. ISI \n\n77 17-1990. n. J O. - 2 \n\nWhereas \n\nCouncil \n\nDirective \n\n79/112/EEC \n\nof \n\n18 December \n\n1978 \n\non \n\napproximation \n\nof \n\nthe \n\nlaws \n\nof \n\nthe Member \n\nStates \n\nrelated \n\nto \n\nlabelling, \n\npresentation \n\nand advertising \n\nof \n\nfoodstuffs \n\nfor \n\nsale \n\nto \n\nultimate \n\nconsumer,3 \n\nas \n\nlast \n\namended \n\nby Directive \n\n89/395/EEC,4 \n\nCouncil Directive \n\n76/211/EEC \n\nof 20 January \n\n1976 on the approximation \n\nthe \n\nthe \n\nthe \n\nand \n\nof \n\nthe \n\nlaws \n\nof \n\nthe Member States \n\nvolume of certain \n78/891/EEC,6 \n\nspecify \n\nprepackaged \n\nrelating \nproducts,5 \n\nto making-up \n\nby weight \n\nor \n\nby \n\nas \n\nlast \n\namended by \n\nDirective \n\nthe particulars \n\nrequired \n\nfor \n\ncorrect \n\ninformation \n\nand protection \n\nof \n\nthe \n\nconsumer \n\nas \n\nregards \n\nthe \n\ncontents \n\nof \n\npackages; \n\nwhereas, \n\nfor \n\npreserved \n\ntuna and bonito, \n\nthe \n\ntrade \n\ndescription \n\nshould \n\nalso \n\nbe determined \n\nwith \n\nregard \n\nto \n\nthe proposed \n\ncommercial \n\npresentation \n\nor \n\nculinary \n\npreparation \n\nand, where \n\nappropriate, \n\nthe \n\ncovering \n\nmedium \n\nused; \n\nwhereas \n\nthe \n\nlabelling \n\nof \n\nthe \n\nproducts \n\nconcerned \n\nshould \n\nrequired \n\nto \n\nstate \n\nthe \n\nfish \n\ncontent \n\nin \n\nthe \n\ncontainer; \n\nwhereas \n\nbe \n\nthe \n\nmeaning of \n\nthe \n\ntrade \n\ndescription \n\n\"natural\" \n\nshould \n\nbe \n\ndefined; \n\nWhereas \n\nthe purpose \n\nof \n\nthe Council Directive \n\n91/493/EEC \n\nof 22 July \n\n1992 \n\nlaying \n\ndown \n\nthe health \n\nconditions \n\nfor \n\nthe production \n\nand \n\nthe placing \n\non \n\nthe market \n\nof \n\nfishery \n\nproducts7, \n\nis \n\nto \n\nharmonize \n\nthe \n\nhealth \n\nrequirements \n\nto be respected \n\nwhen marketing \n\nCommunity \n\nfishery \n\nproducts \n\nand \n\nto protect \n\npublic \n\nhealth; \n\nwhereas, \n\nthe \n\nrequirements \n\nlaid \n\ndown \n\nin \n\nthis marketing \n\nstandard \n\nare \n\napplied \n\nwithout \n\nprejudice \n\nto \n\nthe \n\nhealth \n\nregulations \n\nin \n\nforce; \n\nWhereas \n\nthe Commission \n\nshould \n\nhave \n\nresponsibility \n\nfor \n\nthe adoption \n\nof \n\nany \n\ntechnical \n\nimplementing \n\nmeasures, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle \n\n1 \n\nThis \n\nRegulation \n\ndefines \n\nthe \n\nstandards \n\ngoverning \n\nthe marketing \n\nof \n\npreserved \n\ntuna and bonito \n\nin \n\nthe \n\nCommunity. 3 OJ No L 33, \n4 OJ No L 186, \n5 OJ No L 46, \n6 OJ No L 311, \n7 OJ L No L 268, \n\n8. 2. 1979, \n\n30. 6. 1989, \n\n21. 2. 1976, \n\n4. 11. 1978, \n\np. 1. p. 17. p. 1. p. 21. 24. 09. 1991, \n\np. 15. - 3 \n\n-\n\nArticle \n\n2 \n\n1. The trade description \n\nof preserved \n\ntuna or bonito, \n\nas defined \n\nin \n\nArticle \n\n5, shall \n\nbe reserved \n\nfor products which satisfy \n\nthe \n\nfollowing \n\nconditions: \n\n1) Preserved \n\ntuna must : \n\n- be covered by CN codes 1604 14 10 and ex 1604 20 70, \n\n- be prepared \n\nexclusively \n\nfrom fish of one of \n\nthe species \n\nlisted \n\nin \n\npoint \n\nI of \n\nthe Annex to \n\nthis \n\nRegulation, \n\n2) Preserved \n\nbonito must : \n\n- be covered \n\nby CN codes 1604 14 90, ex 1604 20 50, 1604 19 30, \n\nex 1604 20 70, ex 1604 19 99 and ex 1604 20 90, \n\n- be prepared \n\nexclusively \n\nfrom fish of one of \n\nthe species \n\nlisted \n\nin \n\npoint \n\nII of \n\nthe Annex to \n\nthis \n\nRegulation. 2. Under no circumstances may different \n\nspecies \n\nbe mixed in \n\nthe same \n\ncontainer. However, \n\nculinary \n\npreparations \n\nusing \n\ntuna or bonito \n\nflesh \n\nentailing \n\ndisappearance \n\nof \n\nthe muscular \n\nstructure may contain \n\nthe \n\nflesh \n\nof other \n\nfish which has undergone \n\nthe same treatment \n\nprovided \n\nat \n\nleast \n\n25% of \n\nthe preparation \n\nconsists \n\nof \n\ntuna or bonito \n\nor a mixture \n\nof \n\nthe \n\ntwo. Article \n\n3 \n\n1, If any of \n\nthe \n\nfollowing \n\nforms of commercial \n\npresentation \n\nof \n\nthe \n\nproduct \n\nform part of \n\nthe \n\ntrade description \n\nreferred \n\nto \n\nin Article \n\n5, \n\nthey shall \n\ncomply with \n\nthe following \n\ndefinitions: \n\n(\u00b1) \n\nsolid: \n\nthe musculature \n\nis cut \n\ntransversely \n\nand is \n\npresented \n\nas a whole slice \n\nformed by a single \n\nportion \n\nor \n\nreconstituted \n\nby \n\nthe \n\ncompact \n\nassembly \n\nof \n\nseveral \n\nportions \n\nof \n\nflesh. Both sides \n\nof \n\nthe cut surface \n\nof \n\nthe slice must be \n\nregular \n\nand parallel \n\nto \n\nthe bottom of \n\nthe \n\ncontainer. The presence \n\nof \n\nflakes, \n\naccounting \n\nfor up to 18% of \n\nfish \n\nweight, \n\nshall be \n\ntolerated. - 4 -\n\nHowever, when the musculature \n\nis canned raw, \n\nthe presence \n\nof \n\nflakes \n\nshall be prohibited; \n\na fragment of flesh may be added \n\nas a makeweight; \n\n(ii) \n\nchunks: \n\nfragments \n\nof flesh, \n\nthe \n\ninitial \n\nmuscle structure \n\nof which \n\nis maintained \n\nand the shortest \n\nside of which is not \n\nless \n\nthan 1. 2 \n\ncm. The presence \n\nof flakes, \n\naccounting \n\nfor up to 30% of fish \n\nweight, \n\nshall be \n\ntolerated; \n\n(Hi) \n\nfillets: \n\na) \n\nlongitudinal \n\nstrips \n\nof muscle \n\ntaken \n\nfrom \n\nthe \n\nmusculature \n\nparallel \n\nwith \n\nthe vertebral \n\ncolumn and \n\nwith \n\nthe \n\nskin \n\nremoved, \n\nclosely \n\npacked \n\nalong \n\nthe \n\ncontainer; \n\nb) \n\nstrips \n\nof muscle \n\nfrom \n\nthe abdominal wall, with \n\nthe \n\nskin removed, \n\nclosely \n\npacked along \n\nthe container; \n\nin \n\nthis \n\ncase, \n\nthe fillets \n\nmay be described \n\nas abdominal \n\nfillets, \n\ntoo; \n\n(1V) \n\nflakes: \n\nfragments \n\nof flesh \n\nof heterogeneous \n\nsize. 2. Any form of presentation \n\nother \n\nthan \n\nthe above or other \n\nculinary \n\npreparation \n\nshall \n\nbe permitted, \n\nprovided \n\nthat \n\nit \n\nis \n\nclearly \n\nidentified \n\nin \n\nthe \n\ntrade \n\ndescription. Article \n\n4 \n\nIf \n\nthe \n\ncovering medium used \n\nforms \n\nan \n\nintegral \n\npart \n\nof \n\nthe \n\ntrade \n\ndescription, \n\nit \n\nshall \n\nconform \n\nto \n\nthe following \n\nprovisions: \n\n\"in olive \n\noil\" \n\nis \n\nreserved \n\nfor \n\nproducts \n\nusing \n\nonly \n\nolive \n\noil, \n\nexcluding \n\nany mixture with other \n\noils; \n\n\"natural\" \n\nis \n\nreserved \n\nfor products \n\nusing \n\nthe natural \n\njuice \n\n(the \n\nliquid \n\nexuding \n\nfrom \n\nthe \n\nfish \n\nduring \n\ncooking), \n\na saline \n\nsolution \n\nor \n\nwater, \n\neventually \n\nadded \n\nof \n\nherbs, \n\nspices \n\nor \n\naromatizing \n\npreparations; \n\n\f- 5 -\n\n\"in vegetable \n\noil\" \n\nis reserved \n\nfor products \n\nusing refined \n\nvegetable \n\noils, \n\nused singly \n\nor in mixtures; \n\nwhere any other \n\ncovering medium is used, \n\nit \n\nshall \n\nbe \n\nidentified \n\nclearly \n\nand explicitly \n\nusing \n\nits usual \n\ntrade name. Article \n\n5 \n\n1. Without prejudice \n\nto Directives \n\n79/112/EEC and 76/211/EEC, \n\nthe \n\ntrade description \n\non the prepackaging \n\nof preserved \n\ntuna or \n\nbonito \n\nshall \n\nstate: \n\n(a) \n\nin \n\nthe case of \n\nthe presentations \n\nreferred \n\nto \n\nin Article \n\n3(1), \n\nthe \n\ntype of fish \n\n(tuna or \n\nbonito), \n\nthe \n\npresentation \n\nin which \n\nthe \n\nfish \n\nis marketed, \n\nusing \n\nappropriate \n\ndescription \n\nas \n\nreferred \n\nto \n\nin Article \n\n3; \n\nprovision \n\nshall \n\nbe \n\noptional, \n\nhowever, \n\nin \n\nthe \n\ncase \n\nof \n\nthe \n\nthis \n\nthe \n\npresentations \n\nreferred \n\nto in Article \n\n3(1) \n\n(i), \n\nthe description \n\nof \n\nthe \n\ncovering medium used, \n\nsubject \n\nto \n\nthe \n\nconditions \n\nset out \n\nin Article \n\n4; \n\n(b) \n\nin \n\nthe case of \n\nthe presentations \n\nreferred \n\nto \n\nin Article \n\n3(2), \n\nthe \n\ntype of fish \n\n(tuna or \n\nbonito); \n\nthe precise \n\nnature of \n\nthe culinary \n\npreparation. 2. Without prejudice \n\nto \n\nthe Community provisions \n\nreferred \n\nto \n\nin \n\nthe \n\nprevious \n\nparagraph, \n\nand \n\nin particular \n\nArticles \n\n7 and 8 of \n\nDirective \n\n79/112/EEC, \n\nthe fish \n\ncontent \n\n(whether \n\ntuna or \n\nbonito), \n\nexpressed \n\nin grams or as a percentage \n\nof \n\nthe net weight, \n\nshall \n\nbe \n\nclearly \n\nstated \n\nafter \n\nthe \n\ntype of fish \n\nin \n\nthe \n\nlist \n\nof \n\ningredients. 3. The trade descriptions \n\nof preserved \n\ntuna and bonito, \n\nas \n\ndefined \n\nin Article \n\n2 (1) and (2) respectively, \n\nmay under no \n\ncircumstances \n\nassociate \n\nthe words \"tuna\" and \n\n\"bonito. \" \n\n\f- 6 \n\n-\n\n4. Without prejudice \n\nto Article \n\n2 and paragraph \n\n3 of \n\nthis \n\nArticle, \n\nwhere \n\nthere \n\nis an established \n\ntrade usage, \n\nthe \n\ntype of fish \n\nused \n\n(tuna \n\nor bonito) \n\nand \n\nthe \n\nspecies \n\nmay appear \n\nin \n\nthe \n\ntrade \n\ndescription \n\nunder \n\nthe name normally used \n\nin \n\nthe Member State \n\nin \n\nwhich \n\nthe products \n\nare marketed. 5. The trade \n\ndescription \n\n\"natural\" may be used only \n\nfor \n\npreserves \n\nmarketed \n\nin \n\nthe presentations \n\nreferred \n\nto \n\nin Article \n\n3(1)(i) \n\nand \n\nin \n\nthe \n\ncovering medium as described \n\nin \n\nthe \n\nsecond \n\nindent \n\nof \n\nArticle \n\n4. Article \n\n6 \n\nThis \n\nregulation \n\nis applicable \n\nwithout \n\nprejudice \n\nto Council \n\nDirective \n\n91/493/EEC of 22 July 1992, \n\nlaying \n\ndown the health \n\nconditions \n\nfor \n\nthe \n\nproduction \n\nand the placing \n\non the market of fishery \n\nproducts. Article \n\n7 \n\nAs \n\nrequired, \n\nthe Commission \n\nshall \n\nadopt, \n\nin \n\naccordance \n\nwith \n\nprocedure \n\nlaid \n\ndown in Article \n\n33 of Regulation \n\n(EEC) No 3796/81, \n\nthe \n\nthe \n\nmeasures necessary \n\nfor \n\nthe application \n\nof \n\nthis \n\nRegulation. Article \n\n8 \n\nThis Regulation \n\nshall \n\nenter \n\ninto \n\nforce on the \n\nthird \n\nday following \n\nits \n\npublication \n\nin \n\nthe Official \n\nJournal of \n\nthe European Communities. It shall \n\napply \n\nfrom 1st July \n\n1992. However, \n\nthe products \n\nin stock which had been labelled \n\nbefore \n\nthe \n\ncan be sold \n\nuntil \n\nThis Regulation \n\nshall \n\nbe \n\nbinding \n\nin \n\nits \n\nentirety \n\nand \n\ndirectly \n\napplicable \n\nin all Member \n\nStates. Done at Brussels, \n\nFor the Council \n\n\fANNEX \n\n1. TUNA \n\n1. Species \n\nof \n\nthe genus \n\nThunnus \n\na) \nb) \nc) \nd) \n\ne) \n\nAlbacore \nYellowfin \nBluefin \nBigeye \n\nor \n\nlongfinned \n\ntuna \n\n(Thunnus \n\ntuna \n\n(Thunnus \n\ntuna \n\n(Thunnus \n\n(neothunnus) \nthynnus) \n\nalalunga) \nalbacares) \n\ntuna \n\n(Thunnus \n\n(parathunnus) \n\nobesus) \n\nOther \n\nspecies \n\nof \n\nthe genus \n\nThunnus. 2. Skipjack \n\nor stripe-bellied \n\ntuna \n\n(Euthynnus \n\n(Katsuwonus) \n\npel \n\namis) \n\nII. BONITO \n\n1. Species \n\nof \n\nthe genus \n\nSarda \n\na) Atlantic \nb) Pacific \nc) Oriental \nd) Other \n\nbonito \n\n(Sarda \n\nsarda) \n\nbonito \n\n(Sarda \n\nbonito \n\n(Sarda \n\nspecies \n\nof \n\nthe genus \n\nchiliensis) \n\norientalis) \nSarda. 2. Species \n\nof \n\nthe \n\ngenus Euthynnus, \n\nwith \n\nthe \n\nexception \n\nof \n\nthe \n\nspecies \n\nEuthynnus \n\n(Katsuwonus) \n\npelamis \n\na) Atlantic \nb) Eastern \nc) \n\nlittle \n\nlittle \n\ntuna \n\n(Euthynnus \n\ntuna \n\n(Euthynnus \n\nalleteratus) \n\naffinis) \n\n(Euthynnus \n\nlineatus) \n\nd) Other \n\nspecies \n\nof \n\nthe genus \n\nEuthynnus. 3. Species \n\nof \n\nthe genus \n\nAuxis \n\nFrigate \n\nmackerel \n\n(Auxis \n\nthazard) \n\n\f\f- \n\n\u2022 ?-\n\nISSN 0254-1475 \n\nCOM(91) 527 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-582-EN-C \n\nISBN 92-77-78782-1 \n\nOffice for Official Publications of the European Communities \nLr2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b6f22534-c2a7-4330-a4f3-13b9fd8ad499", "title": "Decision No 3/91 of the EEC-Switzerland Joint Committee of 13 December 1991 amending Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_body_agreement_international,http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "EEC\u2013Switzerland Joint Committee", "date": "1991-12-13", "subjects": "Switzerland,agreement (EU),originating product", "workIds": "celex:21992D0218(06),oj:JOL_1992_042_R_0045_025", "eurovoc_concepts": ["Switzerland", "agreement (EU)", "originating product"], "url": "http://publications.europa.eu/resource/cellar/b6f22534-c2a7-4330-a4f3-13b9fd8ad499", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/46cbb8a6-d810-4be9-a7c6-b7a837ab8ef2", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parlamient on the proposal from the Commission to the Council for a regulation amending Regulalation (EEC) N\u00b0 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Budgetary Control,European Parliament", "date": "1991-12-13", "subjects": "Eurofound,activity report,budgetary discharge", "workIds": "celex:51991AP0315(01)", "eurovoc_concepts": ["Eurofound", "activity report", "budgetary discharge"], "url": "http://publications.europa.eu/resource/cellar/46cbb8a6-d810-4be9-a7c6-b7a837ab8ef2", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/bf0c50d7-f68a-4542-8cfb-acfb00db512b", "title": "RESOLUTION on the European Energy Charter", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_other_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Industry, Research and Energy,European Parliament", "date": "1991-12-13", "subjects": "Eastern Bloc countries,European Union,energy policy,energy supply,environmental protection,single market,technology transfer", "workIds": "celex:51991IP0310", "eurovoc_concepts": ["Eastern Bloc countries", "European Union", "energy policy", "energy supply", "environmental protection", "single market", "technology transfer"], "url": "http://publications.europa.eu/resource/cellar/bf0c50d7-f68a-4542-8cfb-acfb00db512b", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/517cd85b-c375-4892-91d3-97ba297320be", "title": "Proposal for a COUNCIL REGULATION ( EEC ) on urgent action for the supply of food products to the people of Moscow and St Petersburg", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-13", "subjects": "USSR,agricultural product,emergency aid,intervention stock,supply", "workIds": "celex:51991PC0555(02),comnat:COM_1991_0555(02)_FIN,oj:JOC_1992_011_R_0008_01", "eurovoc_concepts": ["USSR", "agricultural product", "emergency aid", "intervention stock", "supply"], "url": "http://publications.europa.eu/resource/cellar/517cd85b-c375-4892-91d3-97ba297320be", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUKOPEAN COMMUNITIES \n\nC0M(91) 555 final \n\nBrussels, 16 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non urgent action for the supply of agricultural products \nto the people of Moscow and St Petersburg \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\non urgent action for the supply of food products \nto the people of Moscow and St Petersburg \n\n(presented by the Commission) \n\n\fI \n\nEXPLANATORY MEMORANDUM \n\nAt its meeting on 9 and 10 December 1991, the European Council approved the \nprinciple of granting food aid to the people of Moscow and St Petersburg in view \nof the problems of supply in those two cities. In the light of experience acquired in the implementation of aid to the Soviet \nUnion in 1991, the Commission proposes a similar measure to the action taken \npreviously. Accordingly, in view of the urgent need for the supply of food aid, the \nCommission hereby transmits to the Council this proposal for two Regulations, in \nanticipation of their swift adoption. As soon as a list is produced of the requirements of the cities concerned, the \nproducts requested will be made available free of charge in accordance with the \nprovisions laid down in those Regulations. The Commission urges that the Regulations be adopted by the Council without delay \nin order that practical measures may be taken swiftly to ensure that the aid Is \nchannelled to the cities directly. -v^. -Vsv \n\n\fCOUNCIL REGULATION (EEC) No \n\non urgent action for the supply of agricultural products \nto the people of Moscow and St Petersburg \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nF \nL \nHaving regard to the Treaty estabIishing the European EconomIc Community, and in \n\nparticular Articles 43 and 235 thereof. Having regard to the proposal from the Commission*1), \n\nHaving regard to the opinion of the European Par I lament*2*. Having regard to the opinion of the Economic and Social Committee*3), \n\n-\n\nWhereas agricultural products should be made available to Moscow and \n\nSt Petersburg in order to improve the food supply to the inhabitants of those \n\ncities, taking account of the diversity of the local situations, without \n\nieopardizing progress towards a system of supply based on market fuies; whereas \n\nthe CommunHy has agricultural products in storage as a result of intervention \n\nmeasures and, in view of the situation on the market, priority should be given, \n\nin carrying out this action, to supplying these products; whereas, furthermore, \n\nprovision should be made for mobilizing agricultural products on the Community \n\nmarket in response to specific requests; whereas regularization of the \n\nagricultural markets may also be achieved by supplying such products in processe \n\nform; \n\n(1) OJ No C \n(2) Opinion delivered on \n\n(not yet published in the Official Journal) \n\n\flereas the action proposed is essentially humanitarian in its aim and should \n\nierefore be based also upon Article 235 of the Treaty; \n\nlereas it is necessary to verify that the agricultural products supplied to the \n\nties in question under this measure are used as intended; whereas, apart from \n\nte powers of the Court of Auditors in this regard, the Commission must be \n\n'forded the opportunity of monitoring the operations in quest ion, with the help, \n\n' necessary, of external monitoring bodies; \n\nlereas it is for the Commission to lay down detailed rules for implementing this \n\n>asure, \n\nVS ADOPTED THIS REGULATION: \n\nArticle 1 \n\nhe Community shall take urgent action to supply the people of Moscow and \n\nt Petersburg with agricultural products. Expenditure on this action shall be \n\n\\m)jt\u00e9\u00e0 \n\nto ECU (budget) 150 million. Article 2 \n\n>r the purposes of this action: \n\nthe Community shall transfer agricultural products available as a result of \n\nintervention free of charge; in response to specific requests concerning \n\nproducts not available from intervention stocks, products may be mobilized on \n\nthe Community market; \n\nsupply costs shall be met by the Community and suppliers shall be chosen by \n\ntendering procedure. Transport costs shall be borne by the Community unless \n\nthe recipients themselves take the products over in the Community. These \n\ncosts may include processing of products mobilized as provided for in \n\nparagraph 1; \n\n\f3. for reasons arising from the urgency of the action, the Commission may choose \n\nthe supplier by direct agreement; \n\n4. no export refund shall be granted, or monetary compensatory amounts applied, \n\nin respect of the products supplied under this action. Art icle 3 \n\nThe accounting value of the products transferred shall be determined using the \nprocedure laid down in Article 13 of Regulation (EEC) No 729/70*4), as last \namended by Regulation (EEC) No 2048/88(5). J \n\ni \ni \n\ni \n\nArticle 4 \n\nThe Commission shall be responsible for verifying the delivery operations and the \n\napplication of the criteria adopted when the aid is distributed to the people \n\nconcerned. Art icle 5 \n\n1. The Commission shall be responsible for implementing this action. 2. Detailed rules for the application of this Regulation shall be adopted in \n\naccordance with the procedure laid down in Article 5(2) of Council Regulation \n\n(EEC) No 598/91 of 5 March 1991 on urgent action for the supply of \n\nagricultural products intended for the people of the Soviet Union*^). Art icle 6 \n\nThis Reguiation sha11 enter into force on the day following that of its \n\npublication in the Off ici a I Journal of the European Communities. This Reguiation shall be binding in its entirety and directly applicable in alI \n\nMember states. Done at Brussels, \n\nFor the Council \n\nThe President \n\n\fCOUNCIL REGULATION (EEC) No \n\non urgent action for the supply of food products \nto the people of Moscow and St Petersburg \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EC) No 2727/75 of 29 October 1975 on the \ncommon organization of the market in cereals*1), and in particular Articles 7(5) \n\nand (8) thereof, \n\nHaving regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common \norganization of the market in milk and milk products*2), and in particular \n\nArticles 6(6) and 7(4) thereof, \n\nHaving regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common \norganization of the market in beef and veal*3), and in particular Articles 6(5) \n\nand 7(2) thereof, \n\nHaving regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common \norganization of the market in fruit and vegetables*4), and in particular Article \n\n35 thereof. Having regard to the proposal from the Commission, \n\n(1) OJ No L 281, 1. 11. 1975, p. 1. (2) OJ No L 148, 28. 8. 1988, p. 13. (3) OJ No L 148, 29. 8. 1988, p. 24. (4) OJ No L 118. 20. 5. 1972, p. 1. Whereas the market for certain agricuttura I products may feature production \n\nsituations which make it possible to dispose of such products on special terms; \n\nWhereas, in order to give effect to the conclusions of the European Council of \n\nand 10 December 1991, the purpose of which was the supply of food aid to Moscoi \n\nand St Petersburg, provision should be made for making agricultural products \n\navailable to those cities in order to improve conditions of supply to their \n\nrespective populations-, whereas, in the case of some of these products, the \n\nmeasures required could be adopted by the Commission itself, pursuant to the \n\nRegulations in force; \n\nf \n\nWhereas it is for the Commission to lay down the detailed rules for the \n\napplication of this measure, \n\nHAS ADOPTED THIS REGULATION: \n\n\u2022 \n\n!: \n\nAfti\u00e7jS 1 \n\nAn emergency measure is hereby adopted, under the-conditions: laid down below, 1 \n\nfree supply to Moscow and $t Petersburg of certain food products to be \n\ndetermined, avai table as a result of intervention. \u2022 \u2022\u2022 \u00bb. ' \n\nArticle 2 \n\n| \n\"\"\" - \u2022 - \u00ce \n\n1. Tfie products may be supplied unprocessed or 1\u00bb processed form. ; \n\n: \"^ * \n\n2. The^neasure may also relate to food5 products mobi I ized through a commercial \n\nexchange of products from intervention storage against' goods belonging\" <\u00a9 t \n\nsame group of products. ; -\n\n\f3. The supply costs, including transport and, where applicable, processing, \n\nshall be determined by invitation to tender or, on account of the urgency of \n\nthe situation, by direct-agreement procedure. 4. The costs shall be reimbursed to the operators concerned in respect of \n\nproducts for which proof is provided that they have reached the delivery \n\nstage laid down. 5. Products consigned pursuant to this Regulation shall not qualify for export \n\nrefunds and shall not be subject to the arrangements concerning monetary \n\ncompensatory amounts. Art icle 3 \n\nThe detailed rules for the application of this Regulation shall be adopted in \n\naccordance with the procedure laid down in Article 26 of Regulation (EEC) No \n\n2727/75 or, as the case may be, in the corresponding Articles in the other \n\nRegulations on the common organization of the markets in question. Art icle 4 \n\nThe Commission shall be responsible for verifying the delivery operations and for \n\nthe application of the criteria adopted when the aid is distributed to the people \n\nconcerned. 3 \n\nA r t i c le 5 \n\nThis Regulation shall enter into force on the day of its publication in the \n\nOfficial Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all \n\nMember States. Done at Brussels, \n\nFor the Council \n\nThe President \n\n\f\"7o \n\nDECLARATION DE LA COMMISSION \n\nP. V. DU CONSEIL \n\nConform\u00e9ment aux conclusions du Conseil europ\u00e9en des 9 et 10 d\u00e9cembre \n1991, l'action est prise en charge sur des cr\u00e9dits FEOGA- Garantie \nreport\u00e9s de l'exercice 1991. La fiche financi\u00e8re sera \u00e9tablie lorsque les autorit\u00e9s comp\u00e9tentes de \ndestin\u00e2t ion auront fait part de leurs besoins exacts. COMMISSION \nDES \nCOMMUNAUTES EUROPEENNES \n\n/ > \") \n\nP R O P O S I T I ON DE VIREMENT \n\nBUDGET GENERAL 1 9 91 \n\nSECTION I II - COMMISSION \n\nPARTIE B - CREDITS OPERATIONNELS \n\nVIREMENTS DE CHAPITRE A CHAPITRE \n\nEN ECU \n\n1. DU CHAPITRE B 0 1 - 3? - APURJMENT DES EXERCICES ANTERIEURES ET CREDITS \n\nRESIDUEL \n\n(-ISO\u00bb \u00a900. 000,00 \n\nARTICLE B01-37\u00a9 - APUREMENT DES EXERCICES ANTERIEURS ET CREDITS RESIDUELS \n\n- 15\u00ceJ S00. 000 \n\n2. AU CHAPITRE B 8 1 - 18 - AUTRES SECTEURS OU PRODUITS VEGETAUX \n\nARTICLE B S 1 - 1 89 - AUTRES \n\nPOSTE B 0 1 - 1 6 90 -. (150 000. 000,0c \n\n150. 000. 000 \n\n\f\fISSN 0254-1475 \n\nCOM(91) 555 final \n\nDOCUMENTS \n\nEN \n\n03 il \n\nCatalogue number : CB-CO-91-606-EN-C \n\nISBN 92-77-79151-9 \n\nOffice for Official Publications of the European Communities \n\nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/36b8e69c-e1be-4b66-80c7-8b366b5a2540", "title": "Council Directive 91/689/EEC of 12 December 1991 on hazardous waste", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-12", "subjects": "approximation of laws,dangerous substance,environmental protection,waste management,waste recycling", "workIds": "celex:31991L0689,oj:JOL_1991_377_R_0020_014", "eurovoc_concepts": ["approximation of laws", "dangerous substance", "environmental protection", "waste management", "waste recycling"], "url": "http://publications.europa.eu/resource/cellar/36b8e69c-e1be-4b66-80c7-8b366b5a2540", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d50bc288-1a90-448c-843e-7232731c7d0e", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the proposal for a Council regulation (ECSC, EEC, Euratom) amending various Council regulations introducing special and temporary measures to terminate the service of officials and temporary staff of the European Communities", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Legal Affairs,European Parliament", "date": "1991-12-12", "subjects": "European civil service,European official,termination of employment", "workIds": "celex:51991AP0344(04)", "eurovoc_concepts": ["European civil service", "European official", "termination of employment"], "url": "http://publications.europa.eu/resource/cellar/d50bc288-1a90-448c-843e-7232731c7d0e", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a3ce91e9-3ce2-4c25-9d4e-db0774be6aef", "title": "92/36/EEC: Commission Decision of 12 December 1991 approving the programme of measures submitted by the Italian Government in 1991 on the restructuring of the system for agricultural surveys in Italy (Only the Italian text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "Italy,action programme,policy on agricultural structures", "workIds": "celex:31992D0036,oj:JOL_1992_015_R_0026_030", "eurovoc_concepts": ["Italy", "action programme", "policy on agricultural structures"], "url": "http://publications.europa.eu/resource/cellar/a3ce91e9-3ce2-4c25-9d4e-db0774be6aef", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/392487eb-01c7-4287-8999-d8e802639527", "title": "92/26/EEC: Commission Decision of 12 December 1991 on the small-scale fisheries zonal plan (1991 to 1992) submitted by Ireland in accordance with Regulation (EEC) No 4028/86 (Only the English text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "Ireland,development plan,fishing industry,modernisation aid", "workIds": "celex:31992D0026,oj:JOL_1992_011_R_0034_046", "eurovoc_concepts": ["Ireland", "development plan", "fishing industry", "modernisation aid"], "url": "http://publications.europa.eu/resource/cellar/392487eb-01c7-4287-8999-d8e802639527", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/dea1ef6c-23cc-4303-8b07-34ce0bb45e4a", "title": "Proposal for a COUNCIL DECISION amending Decision 90/218/EEC on the placing on the market and administration of Bovine Somatotrophin ( BST )", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_decision_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "hormone,intensive livestock farming,meat,scientific progress", "workIds": "celex:51991PC0522,comnat:COM_1991_0522_FIN,oj:JOC_1992_024_R_0009_01", "eurovoc_concepts": ["hormone", "intensive livestock farming", "meat", "scientific progress"], "url": "http://publications.europa.eu/resource/cellar/dea1ef6c-23cc-4303-8b07-34ce0bb45e4a", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\n,COM(91)522 final \n\nBrussels, 12 December 1991 \n\nProposal for a \n\nCOUNCIL PECISIQN \n\namending Decision 90/218/EBC on the placing on the market and \nadmiidstratiQn of Bovine ScmatotrO]pnln (BST) \n\n(presented by the Commission) \n\n\fExplanatory ilemoranduw \n\nBovine Somatotroph in \n\n1. On 27th September 1989 the Commission presented a report to \nthe Council and to the Parliament concerning the \nadministration of bovine somatotropin to dairy cows as a \nproductivity aid to milk production<1). It proposed the establishment of an evaluation period up to \nthe end of 1990 on the administration of BST in the \nCommunity. It also indicated that this period was considered \nto be the minimum necessary to assess the results of the \nongoing studies and develop new arrangements to be adopted on \nprocedures in relation to such products. By its decision \n90/218/EEC of 25th April 1990<2> the Council agreed to the \nrequest of the Commission and subsequently agreed by its \ndecision of 4th February 1991(3) that an additional time up \nto 31 December 1991 was necessary to enable the studies under \nway to be completed and the results to be considered. In the meantime several studies have been made into the \nvarious aspects of BST and a further interim report in the \nmatter will be presented to the Council and to the Parliament \nshortly. The Commission can indicate already that more time will be \nneeded to arrive at definitive conclusions. Accordingly it \nis proposed that the Council decide to extend the existing \nevaluation period up to 31 December 1993. This will enable \nthe Commission to present its further conclusions accompanied \nby proposals concerning future arrangements by 30th June 1993 \nat the latest. 2. 3. 4. The Decision would have no financial consequences. <D \n<2) \n(3) \n\nCCOM (89) 379 final] \nO. J. No L 116. 08. 05. 1900, p. 27 \nO. J. No L 37. 09. 02. 1991. P. 39 \n\nI \n\n\fProposal for a \nCOUNCIL DBCISICN \n\namending D\u00e9cision 90/218/KBC on the placing on the market and \nadministration of Bovine Somatotrqphin (BST) \n\nTHE COUNCIL OF THE EOROPEAN OCMMITHITIES. Having regard to the Treaty establishing the European Economic Community, \nand in particular Article 43 thereof, \n\nHaving regard to the proposal from the Commission1, \n\nHaving regard to the opinion of the European Parliament2, \n\nHaving regard to the opinion of the Economic and Social Committee3, \n\nWhereas by Decision 90/218/EHC of 25 Aprtil 1990 on the placing on the \nmarket and administration of bovine somatotrophin4, as amended by Decision \n91/61/EBC of 4 February 1991, the Council called on the Member States to \nprohibit, until 31 December 1991, the administration of bovine \nsoaratotrophin on their territory by any means whatsoever to dairy cows in \nview of the fact that the consequences of such administration were not yet \nsufficiently clear; \n\nWhereas the tine set for studying the effects and consequences of BST has \nproved too short; whereas the research initiated, has only been partially \ncompleted; whereas sufficiently representative results have not yet been \nobtained, in particular from the point of view of animal health and \nwelfare; whereas in-<iepth studies should continue in order to secure the \nadditional data needed; whereas, finally, further deliberation is \nnecessary regarding some aspects of consistency with other Community \npolicies; \n\nWhereas, in order not to anticipate the results of these studies, the \nprohibition regarding the placing on the market and administration of BST \nshould be extended until a later date, \n\nHAS ADOPTED THIS DECISION: \n\n1 QJ No C. 2 OJ NO C. 3 OJ NO C. 4 OJ NO L 116, 8. 5. 1990, p. 27, \n\n\f-2-\n\nArtlole 1 \n\nDecision 90/218/EEC is ameidefl as follows: \n\n1. Article 1 is replaced by the following: \n\n\"Article 1 \n\nThe Member States shall ensure that, until 31 December 1993, the placing \non the market of bovine somatotrophin and its administration on their \nterritory to dairy cows by any means whatsoever will not be authorized. \" \n\n2. Article 4 is replaced by the following: \n\n\"Article 4 \n\nThe Commission shall, by 30 June 1993 at the latest, present the \nEuropean Parliament and the Council with a report on the situation \ntogether with proposals for future arrangements. \" \n\nThis Decision is addressed to the Member State:. Article 2 \n\nDone at. , \n\nFor the Council \nThe President \n\n< \n\n\fISSN 0254-1475 \n\nCOM(91) 522 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-601-EN-C \n\nISBN 92-77-79108-X \n\nOffice for Official Publications of the European Communities \nLr2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ec87411f-8ab5-452c-bdce-0b0c4610e0a3", "title": "Commission Decision No 3692/91/ECSC of 12 December 1991 repealing Decision No 2132/88/ECSC imposing definitive anti-dumping duties on imports of certain iron or steel coils, originating in Algeria, Mexico and Yugoslavia", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision_ecsc,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "Algeria,Mexico,Yugoslavia,anti-dumping duty,metal product,sheet", "workIds": "celex:31991S3692,oj:JOL_1991_350_R_0011_034", "eurovoc_concepts": ["Algeria", "Mexico", "Yugoslavia", "anti-dumping duty", "metal product", "sheet"], "url": "http://publications.europa.eu/resource/cellar/ec87411f-8ab5-452c-bdce-0b0c4610e0a3", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4b06e703-61e3-4720-b517-b5b0cfa62842", "title": "92/28/EEC: Commission Decision of 12 December 1991 on the small\u00adscale fisheries zonal plan (1991 to 1992) submitted by Italy in accordance with Regulation (EEC) No 4028/86 (Only the Italian text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "Italy,development plan,fishing industry,modernisation aid", "workIds": "celex:31992D0028,oj:JOL_1992_011_R_0037_048", "eurovoc_concepts": ["Italy", "development plan", "fishing industry", "modernisation aid"], "url": "http://publications.europa.eu/resource/cellar/4b06e703-61e3-4720-b517-b5b0cfa62842", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6ddb16fe-72c1-4a88-a85d-dc5e7860753a", "title": "91/654/EEC: Commission Decision of 12 December 1991 on certain protective measures regarding molluscs and crustaceans from the United Kingdom", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "Scotland,export restriction,health control,mollusc", "workIds": "celex:31991D0654,oj:JOL_1991_350_R_0059_057", "eurovoc_concepts": ["Scotland", "export restriction", "health control", "mollusc"], "url": "http://publications.europa.eu/resource/cellar/6ddb16fe-72c1-4a88-a85d-dc5e7860753a", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/87981507-9efe-4568-a493-feb7d3e1a6a7", "title": "Commission Regulation (EEC) No 3612/91 of 12 December 1991 laying down certain additional detailed rules for the application of the supplementary trade mechanism (STM) to fruit and vegetable trade between Spain and the Community as constituted at 31 December 1985 as regards tomatoes, lettuce, broad-leaf endives, artichokes, table grapes, and melons", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "fresh fruit,fresh vegetable,supplementary trade mechanism", "workIds": "celex:31991R3612,oj:JOL_1991_343_R_0018_030", "eurovoc_concepts": ["fresh fruit", "fresh vegetable", "supplementary trade mechanism"], "url": "http://publications.europa.eu/resource/cellar/87981507-9efe-4568-a493-feb7d3e1a6a7", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ccf60743-3627-4121-a173-5722c306c8cb", "title": "Proposal for a Council Directive to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#staff-working-document,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "doctor,freedom to provide services,recognition of diplomas,right of establishment", "workIds": "celex:51991SC2316,comnat:SEC_1991_2316_FIN", "eurovoc_concepts": ["doctor", "freedom to provide services", "recognition of diplomas", "right of establishment"], "url": "http://publications.europa.eu/resource/cellar/ccf60743-3627-4121-a173-5722c306c8cb", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nSEC(91) 2316 final \n\nBrussels, 12 December 1991 \n\nProposal for a \nCOUNCIL DIRECTIVE \nto facilitate the free movement of doctors and the mutual recognition \nof their diplomas, certificates and other evidence of \nformal qualifications \n\n(presented by the Commission) \n\n\f- 2 -\n\nEXPLANATORY MEMORANDUM \n\n1. In the context of a people's Europe, the Commission attaches great importance \nto simplifying and clarifying Community law so as to make it clearer and more \naccessible to the ordinary citizen, thus giving him new opportunities and the \nchance to make use of the specific rights it gives him. This aim cannot be achieved so long as numerous provisions which have been \namended several times, often quite substantially, remain scattered; so that \nthey must be sought partly in the original instrument and partly in later \namending ones. Considerable research work, comparing many different \ninstruments, is thus needed to identify the current rules. For this reason a consolidation of rules that have frequently been amended Is \nessential if Community law is to be clear and transparent. 2. By its decision of 1 April 1987 the Commission instructed its departments to \nproduce a formal consolidated version of legislative instruments no later \nthan after their tenth amendment, but made it clear that this was a minimum \nrequirement, and that in the interests of clarity and of the ready \ncomprehension of Community law, an effort should be made by each department \nto consolidate the instruments for which it is responsible at more frequent \nintervals. 3. The attached proposal of the Commission for a consolidation of Council \n\nDirective, regrouping in a single text Directives \n\nof the Council of 16 June 1975 concerning the mutual \n75/362/EEC \nrecognition of diplomas, certificates and other evidence of formal \nqualifications in medecine, including measures to facilitate the \neffective exercise of the right of establishment and freedom to provide \nservices \n81/1057/EEC of the Council of 14 December 1981 supplementing Directives \n75/362/EEC, 77/686/EEC and 78/1026/EEC concerning the mutual recognition \nof diplomas, certificates and other evidence of the formal \nqualifications of doctors, nurses responsible for general care, dental \npractitioners and veterinary surgeons respectively, with regard to \nacquired rights \n75/363/EEC of the Council of 16 June 1975 concerning the coordination of \nprovisions laid down by law, regulation or administrative action in \nrespect of activities of doctors \n86/457/EEC of the Council of 15 September 1986 on specific training in \ngeneral medical practice \n\nhas been drafted in accordance with the fundamental principles agreed by \nCouncil, Parliament and the Commission in 1974; it aims at lealslat i ve \nconsolidation: the existing Directives would be replaced by one new one, wich \nwould leave their substance untouched but would assemble them into a single \ntext, with only the formal amendments required by the operation itself. 4. As in the past the text supplied here is collated from the original \nDirectives as published in the Official Journal; the use of photocopies means \nthat any improvements to the wording are immediately identifiable. The old \nnumbering of the Articles has been retained in the margin for ease of \nreference, the new numbering being entered above the Articles: Annex C \ncontains a concordance table relating the old system of numbering to the new. In order to preserve the dates for transposai of all the Directives \nconcerned, a new Annex \u0392 lists the deadline for implementation of each of the \nDirectives now being repealed. - 3 -\n\nLIST OF DIRECTIVES \n\n1. COUNCIL DIRECTIVE 75/362/EEC Of 16 June 1975 concerning the mutual \nrecognition of diplomas, certificates and other evidence of formal \nqualifications in medicine, including measures to facilitate the \neffective exercise of the right of establishment and freedom to provide \nserv ices \n(OJ No L 167, 30. 6. 1975, p. 1. ) \n\nSupplemented by directive : \n\n81/1057/EEC (OJ No L 385, 31. 12. 1981, p. 25. ) \n\nModified bv directives : \n\n82/76/EEC (OJ No L 43, 15. 2. 1982, p. 21. ) \n89/594/EEC (OJ No L 341, 23. 11. 1989, p. 19. ) \n\nModified bv : \n\n- Act of Accession of Greece (OJ No L 291, 19. 11. 1979, p. 90. ) and \nthe Act of Accession of Spain and of Portugal (OJ No L 302, \n15. 11. 1985, p. 158. ) \n\n- Directive 90/658/EEC of 4 December 1990 amending certain Directives \non the recognition of professional qualifications consequent upon the \nunification of Germany \n(OJ No L 353, 17. 12. 1990, p. 73. ) \n\n2. COUNCIL DIRECTIVE 75/363/EEC of 16 June 1975 concerning the \n- ct or \ncoordination \nadministrative action in respect of activities of doctors \n(0J No L 167, 30. 6. 1975, p. 14. ) \n\n\u03bd ovic'rn- f\u00ef r; \u03ac\u03bd\u03bd, \n\ni, \n\nb> \n\nModified by directives : \n\n82/76/EEC (0J No L 43, 15. 2. 1982, p. 21. ) \n89/594/EEC C0J No L 341, 23. 11. 1989, p. 19. ) \n\nModified bv : \n\n- Act of Accession of Greece (0J No L 291, 19. 11. 1979, p. 90. ) and \n\nAct of accession of Spain and of Portugal (0J No L 302, 15. 11. 1985, p. 158. ) \n\nDirective 90/658/EEC of 4 December 1990 amending certain \nDirectives on the recognition of professional qualifications consequent \nupon the unification of Germany \n(0J No L 353, 17. 12. 1990, p. 73. ) \n\n3. COUNCIL DIRECTIVE 86/4S7/EEC of \ntraining In general medical practice \n(0J No L 267, 19. 9. 1986, p. 26. ) \n\n15 September 1986 on specific \n\n\fList of Directives \n\nTitle I \n\nTitle \u03a0 \n\n- 4 -\n\nCONTENTS TABLE \n\nScope \n\nMutual recognition of diplomas, certificates and other evidence \nof formal qualifications in medicine \n\nChapter I \n\nChapter \u03a0 \n\nChapter III \n\nDiplomas, certificates and other evidence \nof formal qualifications in medicine \n\nDiplomas, certificates and other evidence \nof formal qualifications in specialized medicine \ncommon to all Member States \n\nDiplomas certificates and other evidence of \nformal qualifications in specialized medicine \npeculiar to two or more Member States \n\nChapter IV \n\nExisting circumstances \n\nChapter V \n\nUse of academic title \n\nChapter VI \n\nProvisions to facilitate the effective exercise of \nthe right of establishment and freedom to provide \nservices in respect of the activities of doctors \n\nA. B. C. Provisions specifically relating to the right \nof establishment \nSpecial provisions relating to the provision \nof services \nProvision common to the right of establishment \nand freedom to provide services \n\nTitle \u03a0\u0399 \n\nTide IV \n\nTitle V \n\nCoordination of provisions laid down by law, regulation or administrative \naction in respect of activities of doctors \n\nSpecific training in general medical practice \n\nFinal provisions \n\nAnnex I \n\nCharacteristics of full-time and part-time training of specialists \n\nAnnex \u03a0 \n\n: \n\nDates from which some Member States repealed the provisions laid down \nby law, regulation or administrative action concerning the award of the \ndiplomas, certificates and other evidence of formal qualifications \n\nAnnex A \nAnnex \u0392 \nAnnex C \n\nList of repealed Directives \nImplementation delay for the codified Directives \nCorrelation table \n\nPage \n\n3 \n\n10 \n\n10 \n\n10 \n\n13 \n\n20 \n\n30 \n\n33 \n\n33 \n\n33 \n33 \n\n36 \n36 \n\n37 \n\n39 \n\n44 \n\n50 \n\n52 \n\n53 \n\n54 \n55 \n56 \n\n\f- 5 -\n\nProposal for a \nCOUNCIL DIRECTIVE \nto facilitate the free movement of doctors and the mutual recognition \nof their diplomas, certificates and other evidence of \nformal qualifications \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European \nEconomic Community, and in particular Article 49, Article \n57 (1) and (2), first and third sentences, and Article 66 \nthereof, \n\nHaving regard to the proposal from the Commission, \n\nIn cooperation with the European Parliament ('), \n\nHaving regard to the opinion of the Economic and Social \nCommittee (2), \n\nto \n\nthe \n\nfacilitate \n\nthe directives \n\nWhereas \nfree \nmovement of doctors and the mutual recognition of \ntheir diplomas, certificates and other evidence of \nout in Annex A, have \nformal qualifications, set \nbeen amended frequently and substantially; whereas \nfor reasons of clarity and rationality, the said \ndirectives should be consolidated in a single text; \n\n-Whereas, pursuant to the Treaty, all discriminatory \ntreatment based on nationality with regard to \nestablishment and provision of services is prohibited \nas from the end of the transitional period; whereas \nthe principle of such treatment based on nationality \napplies \nthe grant of any \nto \nauthorization required to practise as a doctor and \nalso to the registration with or membership of \nprofessional organizations or bodies; \n\nin particular \n\nWhereas it nevertheless seems desirable that certain \nprovisions be introduced to facilitate the effective \nexercise of the right of establishment and freedom to \nprovide services \nin respect of the activities of \ndoctors; \n\nWhereas, pursuant to the Treaty, the Member States \nare required not to grant any form of aid likely to \ndistort the conditions of establishment; \n\nWhereas Article 57 (1) of the Treaty provides that \nfor mutual recognition of \ndirectives be \n\nissued \n\n(>) OJ No C \n(') OJ No C \n\n75/362/EEC \n\n2. 3. 4. - 6 -\n\ndiplomas, certificates and other evidence of formal \nqualifications; whereas the aim of this Directive is \nthe r\u00e9cognition of diplomas, certificates and other \nevidence of formal qualifications whereby activities \nin the field of medicine can be taken up and pursued \nand the recognition of diplomas, certificates and \nother evidence of formal qualifications in respect of \nspecialists; \n\n75/362/EEC \n\nWhereas, with regard to the training of \nmutual recognition of \nis \nadvisable where these qualifications, while not being \na condition of access to take up the activities of a \nspecialist, nonetheless entitle him to use a specialist \ntitle; \n\ntraining qualifications \n\nspecialists, \n\nWhereas changes in the legislation of the Member States \n\nhave made certain technical amendments necessary \n\nin order to take into \naccount, in particular, the changes : in the titles of diplomas, \ncertificates and other evidence of formal qualifications in \nthese professions or in the designation of certain medical \nspecializations, as well as of the establishment of certain new \nmedical specializations or the discontinuing of certain former \nspecializations which have taken place in some Member \nStates; \n\nWhereas it is advisable to make provision for measures \nrelating to acquired rights with regard to the nutual \nrecognition of diplomas, certificates and other evidence of \nformal qualifications in medicine issued by the Member \nState and approving training which had commenced \nat least before the implementation of this Directive; \n\nWhereas, with regard to the possession of a formal \ncertificate of training, since a directive on the mutual \nrecognition of diplomas does not necessarily imply \nequivalence \ntraining covered by such \ndiplomas, the use of such qualifications should be \nauthorized only in the language of the Member State \nof origin or of the Member State from which the \nforeign national comes; \n\nthe \n\nin \n\nto \n\nfacilitate \n\nthe application of \n\nthis \nWhereas, \nDirective by the national authorities, Member States \nmay prescribe that, in addition to formal certificates \nof training, the person who satisfies the conditions \nof training required by this Directive must provide a \ncertificate from the competent authorities of his \ncountry of origin or of the country, from which he \ncomes stating that these certificates of training are \nthose covcrcd by the Directive; \n\nWhereas this Directive docs not affect the provisions \nlaw, regulation or administrative \nlaid down by \naction \nthe Member States, which prohibit \ncompanies or firms from practising medicine or \nimpose on them certain conditions for such practice; \n\nin \n\n82/76/EEC \n(adapted) \n\n1. + \n\n1. 89/594/EEC \n\n8. 75/362/EEC \n\n9. 10. in \n\nWhereas, in the case of the provision of services, the \nrequirement of registration with or membership of \nprofessional organizations or bodies, since it \nis \nrelated to the fixed and permanent nature of the \nthe host country, would \nactivity pursued \nundoubtedly constitute an obstacle to the person \nwishing to provide the service, by reason of the \ntemporary nature of his activity; whereas \nthis \nrequirement should therefore be abolished; whereas \nhowever, in this event, control over professional \ndiscipline, which \nthese \nprofessional organizations or bodies, should be \nguaranteed; whereas, to this end, \nit should be \nprovided, subject to the application of Article 62 of \nthe Treaty, that the person concerned may be \nrequired to submit to the competent authority of the \nhost Member State particulars relating to the \nprovision of services; \n\nthe responsibility of \n\nis \n\nWhereas, with regard to the requirements relating to \ngood character and good repute, a distinction should \nbe drawn between the requirements to be satisfied \non first taking up the profession and those to be \nsatisfied to practice it; \n\nWhereas with a view to mutual recognition of \ndiplomas, certificates and other evidence of formal \nqualifications in specialized medicine and in order to \nput all members of the profession who are nationals \nof the Member States on an equal footing within the \nCommunity, some coordination of the requirements \nfor training in specialized medicine seems necessary; \nwhereas certain minimum criteria should be laid \ndown for this purpose concerning the right to take \nup specialized training, the minimum training period, \nthe method by which such training is given and the \nplace where it is to be carried out, as well as the \nsupervision to which it should be subject; whereas \nthese criteria only concern the specialities common \nto all the Member States or to two or more Member \nStates; \n\nWhereas the coordination of the conditions for the \npursuit of these activities, as envisaged by this \nDirective, does not \nsubsequent \ncoordination; \n\nexclude \n\nany \n\nWhereas the point has now been reached where it is \nalmost universally recognized that there is a need for \nspecific training for the general medical practitioner to \nenable him better to fulfil his function ; whereas this \nfunction, which depends to a great extent on the doctor's \npersonal knowledge of his patients' environment, consists \nof giving advice on the prevention of illness and on the \nprotection of the patient's general health, besides giving \nappropriate treatment ; \n\nWhereas this need for specific training in general medical \npractice has emerged mainly as a result of the develop\u00ad\nment of medical science, which has increasingly widened \nthe gap between medical research and teaching on the \none hand and general medical practice on the other, so \nthat important aspects of general medical practice can no \nin a satisfactory manner within the \nlonger be taught \nframework of the Member States' current basic medical \ntraining ; \n\n\f- 8 -\n\nWhereas, apart from the benefit to patients, it is also \nrecognized that improved training for the specific func\u00ad\ntion of general medical practitioner would contribute to \nan improvement in health care, particularly by developing \na more selective approach to the consultation of special\u00ad\nists, use of laboratories and other highly specialized estab\u00ad\nlishments and equipment; \n\nWhereas improved training for general medical practice \nwill upgrade \nthe general medical \npractitioner; \n\nthe status of \n\nWhereas, although this situation seems irreversible, it has \ndeveloped at different rates in the various Member States ; \nwhereas it is desirable to ensure that the various trends \nconverge in successive stages, without however forcing the \npace, with a view to appropriate training for every general \nmedical practitioner in order \nthe specific \nto satisfy \nrequirements of general medical practice; \n\nWhereas, to ensure the gradual introduction of this \nreform, it is necessary in an initial stage to institute in \neach Member State specific training in general medical \npractice which satisfies minimum quality and quantity \nrequirements, and supplements \nthe minimum basic \ntraining which medical practitioners must receive in \nDirective ; whereas it is \naccordance with \nimmaterial whether this training in general medical prac\u00ad\ntice is received as part of, or separately from, basic \nmedical training as laid down nationally ; whereas, in a \nsecond stage, provision should be made to subject the \nexercise of general medical practice under a social \nsecurity scheme to completion of specific training in \ngeneral medical practice ; whereas further proposals to \ncomplete the reform should subsequently be put forward ; \n\nthis \n\nWhereas this Directive does not affect the power of the \nMember States to organize their national social security \nschemes and to determine what activities are to be carried \nout under those schemes; \n\nWhereas the coordination, pursuant to this Directive, of \nthe minimum conditions governing the issue of diplomas, \ncertificates or other evidence of formal qualifications \ncertifying completion of specific \ntraining in general \nmedical practice will render possible the mutual recogni\u00ad\ntion of these diplomas, certificates or other evidence of \nformal qualifications by the Member States; \n\n\f11. 86/457/EEC \n\n- 9 -\n\nthis \n\nthis \n\nWhereas, under \nDirective, a host Member \nState is not entitled to require medical practitioners, in \npossession o\u00ed diplomas obtained in another Member State \nand recognized under this Directive, to completo any '\u00b7 \nadditional training in order to practise within its social \nsecurity scheme, even where such training is required of \nholders of diplomas of medicine obtained in its own terri\u00ad\ntory ; whereas this consequence of \nDirective \nwill remain in effect as regards the exercise of general \nmedical practice under social security schemes until 1 \nJanuary 1995, from which date \nDirective \nrequires all Member States to make the exercise of general \nmedical practice in the context of their social security \nschemes subject to the possession of specific training in \ngeneral medical practice; whereas medical practitioners \nestablished in practice before that date under this \n; must have an acquired right to practise as \nDirective \ngeneral medical practitioners under the national social \nsecurity scheme of the host country even if they have not \ncompleted specific training in general medical practice; \n\nthis \n\nWhereas the coordination envisaged by this Directive \ncovers the professional training of doctors; whereas, \nas far as training is concerned, most Member States \ndo not at present distinguish between doctors who \npursue their activities as employed persons and those \nwho are self-employed; whereas rules relating to \ngood character or good repute, professional \n\ndiscipline or use of title for the professions \n\ncovered are or may be applicable, depending on the \nindividual Member State, both to enployedand self-etrployed \npersons; whereas the activities of doctors arc subject \nin all Member States to possession of a diploma, \ncertificate or other evidence o\u00ed formal qualification \nin medicine; whereas such activities arc pursued by \nboth employed and self-employed persons, or by the \nsame persons in both capacities in the course of their \nprofessional career; whereas, in order to encourage \nas far as possible the free movement of those \nprofessional persons within \nit \ntherefore appears necessary to extend this Directive \nto employed doctors; \n\nthe Community, \n\n4. 75/363/EEC \n\n(adapted) \n\n13. 75/362/EEC \n\nWhereas \nobligations of \n\nthis Directive must not affect \n\nthe \nthe Member State* concerning the \n\ndeadlines for transposai set out in Amex B, \n\nHAS ADOPTED THIS DIRECTIVE: \n\n\f75/362/EEC \n\n- 10 -\n\nTITLE I \n\nSCOPE \n\nArtide 1 \n\nThis Directive shall apply to the activities of doctors. TITLE \u03a0 \n\nMUTUAL RECOGNITION OF DIPLOMAS \nCERTIFICATES AND OTHER EVIDENCE OF \nFORMAL QUALIFICATIONS IN MEDICINE \n\nCHAPTER 1 \n\nDIPLOMAS, CERTIFICATES AND OTHER EVIDENCE \nOF FORMAL QUALIFICATIONS IN MEDICINE \n\nArticle 2 \n\nof \n\nand \n\nother \n\nevidence \n\nEach Member State shall recognize the diplomas, \ncertificates \nformal \nqualifications awarded to nationals of Member \nStates by the other Member States in accordance \nan^ \nwith Article 23 \nin Article 3, by giving such \nwhich are \nqualifications, as far as the right to take up and \npursue the \nactivities of a doctor is \nconcerned, the same effect in its territory as those \nwhich the Member State itself awards. listed \n\nArticle 3 \n\nThe diplomas, certificates and other evidence of \nformal qualifications referred to in Article 2 are as \nfollows: \n\n\f75/362/EEC \n\n89/594/EEC \n\n75/362/EEC \n\n-Il\u00ad\n\nia) in Germany: \n\n1. 'Zeugnis \u00fcber die \u00e4rztliche Staatspr\u00fcfung' \n{the State examination certificate in medicine) \nawarded by the competent authorities and the \n'Zeugnis \u00fcber die Vorbereitungszeit als \nMedizinalassistent' (certificate stating that the \npreparatory period as medical assistant has \nbeen completed) in so far as German law stili \nrequires such a period to complete medical \ntraining; \n\n2. 'Zeugnis \u00fcber die \u00e4rztliche Staatspr\u00fcfung' \n(the State examination certificate in medicine) \nawarded by the competent authorities after \n30 June 1988 and the certificate attesting to the \npractice of medicine during a period of practical \ntraining (*Arzt im Praktikum1); \n\n(b) ht Belgium: \n\n'dipl\u00f4me l\u00e9gal de docteur en m\u00e9decine, chirurgie \net accouchemcnts/Wettelijk diploms van doctor \nin de genees-, heel- en verloskunde' (diploma of \ndoctor of medicine, surgery and obstetrics \nrequired by law) awarded by the university \nfaculties of medicine, the Central Examining \nBoard or \nthe State University Education \nExamining Board;. (c) in Denmark: \n\nl\u00e6gevidenskabelig embeds\u00ad\n'bevis for best\u00e5et \n(diploma of doctor of medicine \neksamen' \nrequired by law) awarded by a university faculty \nof medicine and 'dokumentation for gennemf\u00f8rt \npraktisk uddannelse' \n(certificate of practical \ntraining issued by the competent authorities of \nthe health service); \n\n(d) in France: \n\n1. 'dipl\u00f4me d'Etat de docteur en m\u00e9decine* \n(State diploma of doctor of medicine) \nfaculties of \nawarded by \nthe university \njoint faculties of \nmedicine, the university \nthe \nand \nmedicine \nuniversities; \n\npharmacy, or \n\nby \n\n2. 'dipl\u00f4me \n\nde \n\nd'universit\u00e9 \n\ndocteur \" en \nm\u00e9decine' (university diploma of doctor of \nmedicine) where \ncertifies \ncompletion of the same training course as \nthat laid down for the State diploma of \ndoctor of medicine; \n\nthat diplotna \n\n\f- 12 -\n\n(e) in Ireland: \n\na primary qualification granted in Ireland after \npassing a qualifying examination held by a \n-competent examining body and a certificate of \nexperience granted by that body which give \nentitlement to registration as a fully registered \nmedical practitioner; \n\n75/362/EEC \n\n(f) in Italy: \n\n89/594/EEC \n\n'diploma di laurea \nin medicina e chirurgia' \n(diploma of graduate in medicine and surgery) \nawarded by a university, accompanied by a \n'diploma di abilitazione all'esercizio della medicina \ne chirurgia* (diploma conferring the right to practise \nmedicine and surgery) awarded by \nthe State \nExamining Commission; \n\n(g) in Luxembourg: \n\n82/76/EEC \n\n'dipl\u00f4me d'\u00c9tat de docteur en m\u00e9decine, \nchirurgie et accouchements\" (State diploma of \ndoctor of medicine, surgery and obstetrics) \nawarded by the State Examining Board, and \nendorsed by the Minister of Education, and \n'certificat de stage' (certificate of practical \ntraining) endorsed by the Minister for Public \nHealth; \n\n(h) in the Netherlands: \n\n75/362/EEC \n\n'universitair getuigschrift van arts' (university \ncertificate of doctor); \n\n(i) in the United Kingdom: \n\na primary qualification granted in the United \nKingdom after passing a qualifying examination \nheld by a competent examining body and a \ncertificate of experience granted by that body \nwhich give entitlement to registration as a fully \nregistered medical practitioner; \n\n\f- 13 -\n\n(j) in Greece: \n\n'\"\u03a0\u03c4\u03c5\u03c7\u03af\u03bf \u0399\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae\u03c2' (degree in medicine) awarded \nby: \n\u2014 the faculty of medicine of a university, or \n\u2014 the faculty of health sciences, department of \n\nmedicine, of a university; \n\n(k) in Spain: \n\n* T\u00edtulo di Licenciado en Medicina y Cirug\u00eda' \n(university degree \nin medicine and surgery) \nawarded by the Ministery of Education and Science \nor the rector of a university; \n\n(1) \n\nin Portugal: \n\n' Carta de curso de licenciatura em medi\u00ad\ncina' (diploma confirming the comple\u00ad\ntion of medical studies), awarded by a \nuniversity, and the 'Diploma comprova\u00ad\ntivo da conclus\u00e3o do internato geral' \n(diploma confirming the completion of \ngeneral internship), awarded by the com\u00ad\npetent authorities of the Ministry of \nHealth. CHAPTER II \n\nDIPLOMAS, CERTIFICATES AND OTHER EVIDENCE \nOF FORMAL QUALIFICATIONS IN SPECIALIZED \nMEDICINE COMMON TO ALL MEMBER STATES \n\nArticle 4 \n\n89/594/EEC \n\nAct of Accession \nof Spain and \nPortugal \n\n75/362/EEC \n\nof \n\nand \n\nother \n\nevidence \n\nEach Member State shall recognize the diplomas, \nformal \ncertificates \nqualifications in specialized medicine awarded to \nnationals of Member States by the other Member \nStates in accordance with Articles \nan(j wh\u00a1ch are listed in \n24, 25, 26 and 29 \nArticle 5, by giving such qualifications the same \neffect in its territory as those which the Member \nState itself awards. Article S \n\n1. The diplomas, certificates and other evidence of \nformal qualifications referred to in Article 4 shall be \nthose which, having been awarded by the cotnpetent \nin paragraph 2, \nauthorities or bodies \ncorrespond, for the purpose of \nthe specialized \ntraining concerned, to the qualifications recognized \nin the various Member States and listed in paragraph 3. listed \n\n\f- 14 -\n\n2. The diplomas, certificates and other evidence of \nformal qualifications awarded by the competent \nauthorities or bodies referred to in paragraph 1 arc \nas follows: \n\n75/362/EEC \n\nin Germany: \n\nvon \n\nden \n\nLandes\u00e4rztekammern \n\nerteilte \n'die \nfach\u00e4rztliche Anerkennung* (recognized certificate of \nmedical specialist, \nthe Chamber of \nissued by \nPhysicians of the 'Land' concerned); \n\ntitre d'agr\u00e9gation \n\nin Belgium: \nen qualit\u00e9 de m\u00e9decin \nLe \n\u00ab\u20221 \nsp\u00e9cialiste/erkcnningsiiiel van geneesheer specialist' \n(formal evidence of having qualified as a medical \nspecialist) issued by the Minister responsible for public \nhealth; \n\nin Denmark: \n\nsig som \ntilladelse \n'bevis \nfor \nspeciall\u00e6ge' \ntide of \n(certificate concerning \nspecialist) issued by the competent authorities of the \nhealth service; \n\ntil at betegne \n\nthe \n\nin France: \n\n\u2014 'le certificat d'\u00e9tudes sp\u00e9ciales de m\u00e9decine* \n(certificate of specialized studies in medicine) \nissued by a university \nfaculty of medicine, \nuniversity \nfaculties of medicine and \njoint \npharmacy or by universities; \n\n\u2014 certificates of qualified medical specialist, drawn \nup by the Council of the Ordre des m\u00e9decins; \n\n\u2014 'le certificat d'\u00e9tudes sp\u00e9ciales de m\u00e9decine* \n(certificate of specialized studies in medicine) \nfaculty of medicine, \nissued by a university \nuniversity \nfaculties of medicine and \npharmacy or equivalent ceitificates drawn up \nunder a decree of the Minister for Education; \n\njoint \n\n\u2014 ' le dipl\u00f4me d'\u00e9tudes sp\u00e9cialis\u00e9es de m\u00e9decine d\u00e9livr\u00e9 \npar les universit\u00e9s\u00b7,' (diploma of specialized studies \nin medicine awarded by a university); \n\n89/594/EEC \n\n75/362/EEC \n\n89/594/EEC \n\nin Ireland: \n\n75/362/EEC \n\ncertificate of \nthe \nspecialist doctor \ncompetent authority recognized for this purpose by \nthe Minister for Health; \n\nissued by \n\n\f- 15 -\n\nin Italy: \n\n'diploma di medico specialista, rilasciati dal renore \ndi una universit\u00e0* (diploma of specialized doctor, \ngranted by a Rector of a University); \n\nin Luxembourg: \n\n(certificate of \n'certificat de m\u00e9decin sp\u00e9cialiste' \nspecialist doctor) issued by the Minister for Public \nHealth on the advice of the medical college; \n\nin the Netherlands: \n\n\u2014'het door de Specialisten-Registratiecommissie (SRC) \nafgegeven getuigschrift van erkenning en inschrijving \nin het Specialistenrcgister' (certificate of recognition \nand registration in the Register of Specialists, issued \nby the Commission for the Registration of Specialists \n(CRS) ); \n\n-'Het \n\nde \n\n(SGRC) \n\nSociaal-Geneeskundigen \ndoor \nRegistratie-Comissie \nafgegeven \ngetuigschrift van erkenning en inschrijving in \nhet Register von Sociaal-Geneeskundigen' \n(certificate of approval and registration issued \nby the board of registration of doctors of social \nmedicine); \n\nin the United Kingdom: \n\ncertificate of completion of specialist training issued \nby the competent authority recognized \nfor this \npurpose; \n\nin Greece: \n\n\u03a4\u03af\u03c4\u03bb\u03bf\u03c2 \u0399\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae\u03c2 \u03b5\u03b9\u03b4\u03b9\u03ba\u03cc\u03c4\u03b7\u03c4\u03b1\u03c2 \u03c7\u03bf\u03c1\u03b7\u03b3\u03bf\u03cd\u03bc\u03b5\u03bd\u03bf\u03c2 \u03b1\u03c0\u03cc \u03c4\u03b9\u03c2 \n\u039d\u03bf\u03bc\u03b1\u03c1\u03c7\u03af\u03b5\u03c2 \n(certificate of medical specialization), \nawarded by the prefectures; \n\nin Spain: \n\n'T\u00edtulo de Especialista' (professional qualifi\u00ad\ncation of specialist) awarded by the Ministry of \nEducation and Science; \n\nin Portugal: \n\n(assistant grade), \n' Grau de Assistente' \nawarded by the competent authorities of the \nMinistry of Health, or 'T\u00edtulo de Especialista1 \n(professional \nspecialist) \nqualification \nawarded by the professional association for \nmedical practitioners; \n\nof \n\n75/362/EEC \n\n89/594/EEC \n\n75/362/EEC \n\n89/594/EEC \n\nAct of Accession \nof Spain and \nPortugal \n\n\f- \u0399\u03cc -\n\n3. The titles currently used in the Member States \nwhich correspond to the specialized training courses \nin question are as follows: \n\n\u2014 anaesthetics: \n\nGermany: \nBelgium: \nDenmark: \n\nFrance: \n\nAnesthesiologie \nanesthesiologie/anesthesiologie \nan\u00e6stesiologi \n\nancsth\u00e9siologie-r\u00e9animation chirurgicale \n\nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGreece: \n\nSpain: \nPortugal : \n\nanaesthetics \nanestesia e rianimazione \nanesth\u00e9sie-r\u00e9animation \n\nanesthesiologie \nanaesthetics; \n\u03ac\u03bd\u03b1\u03b9\u03c3\u03b8\u03b7\u03c3\u03b9\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \n\nanestesiolog\u00eda y reanimaci\u00f3n \nanestesiolog\u00eda\u00b7 \n\n\u2014 general surgery: \n\nGermany: \nBelgium: \nDenmark: \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \n\nGreece: \n\nSpain: \n\nChirurgie \nchirurgie/heelkunde \nkirurgi eller kirurgiske \nsygdomme \nchirurgie g\u00e9n\u00e9rale \ngenera! surgery \nchirurgia generale \nchirurgie g\u00e9n\u00e9rale \nheelkunde \ngeneral surgery \n\n\u03c7\u03b5\u03b9\u03c1\u03bf\u03c5\u03c1\u03b3\u03b9\u03ba\u03ae \n\ncirurgia general y de! aparato digestivo \n\nPortugal : \n\ncirurgia geral ; \n\nneurological surgery: \n\nGermany: \nBelgium: \nDenmark: \n\nNeurochirurgie \nneurochirurgie/neurochirurgie \nneurokirurgi eller kirurgiske \nnervesygdomme \nneurochirurgie \nneurological surgery \nneurochirurgia \nneurochirurgie \nneurochirurgie \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: neurological surgery \nG recce: \nSpain: \n\n\u03bd\u03b5\u03c5\u03c1\u03bf\u03c7\u03c0\u03c1\u03bf\u0390'\u03c1\u03b3\u03b9 \u03ba-\u03ae \nneurocirugia \n\nPortugal: \n\nneurocirurgia * \n\n75/362/EEC \n\n82/76/EEC \n\n89/594/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\nAct of Accession of \nGreece \n\n89/594/EEC \n\nAct of Accession of \nSpain and Portugal \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n\f- 17 -\n\nobstetrics and gynaecology: \n\nGermany: \n\nBelgium: ! \n\nDenmark: \n\nFrauenheilkunde und Geburts\u00ad\nhilfe \ngyn\u00e9cologie-obst\u00e9trique/gynecologie-\nverloskunde \ngyn\u00e6kologi og obstetrik eller \nkvindesygdomme og f\u00f8dsels\u00ad\nhj\u00e6lp \ngyn\u00e9cologie-obst\u00e9trique \nobstetrics and gynaecology \nobtetricia e ginecologia \ngynecologie-obstetrique \nverloskunde en gynaecologie \n\nFrance: ' \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: obstetrics and gynaecology \n\u03bc\u03b1\u03b9\u03b5\u03c5\u03c4\u03b9\u03ba\u03ae\u2014\u03b3\u03c5\u03bd\u03b1\u03b9\u03ba\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nGrcccc: \nobstetricia y ginecolog\u00eda \nSpain : \nginecologia e obstetricia -\nPortugal : \n\ngeneral (internal) medicine: \n\nGermany: \nBelgium: \n\nDenmark: \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGrecce: \nSpain: \nPortugal: \n\nInnere Medizin \nm\u00e9diane inteme/inwendgie \ngeneeskunde \nintern medicin eller medicinske \nsygdomme \nm\u00e9decine interne \ngeneral (internal) medicine \nmedicina interna \nmaladies internes \ninwendige geneeskunde \ngeneral medicine \n\u03c0\u03b1\u03b8\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nmedicina interna \nmedicina interna ; \n\n- ophthalmology: \n\nGermany: \nBelgium: \nDenmark: \nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \n(\u03af rcccc: \nSpain: \nPortugal : \n\nAugenheilkunde \nopktalmologic-oftalmologic \noftalmologi eller \u00f8jensygdomme \nophtalmologie \nophthalmology \noculistica \nophtalmologie \noogheelkunde \nophthalmology \n\u03cc<!>0<\u03b9\u03bb|!\u03c5\u03bb\u03c5\u03b3\u03af\u03b1 \noftalmologia \noftalmologia ; \n\n75/362/EEC \n\n1 \n\n-82/76/EEC \n\nActs of Accession of \n- Greece, Spain and \n\nPortugal \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n\u2022 89/594/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n\f- 18 -\n\n\u2014 oto rhino laryngology: \n\nGermany: \nBelgium: \n\nDenmark: \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \n(\u2022rocce: \nSpain: \nPortugal: \n\nHals-Nasen-Ohrenheilkunde \noto-rhino-laryngologie/otorhino-\nlaryngologie \noto-rhino-laryngologi eller \n\u00f8re-n\u00e6se-halssygdomme \noto-rhino-laryngologic \notolaryngology \notorinolaringoiatria \noto-rhino-laryngologic \nkeel-, neus-, en oorheelkunde \notolaryngology \n\u03c9\u03c4\u03bf\u03c1\u03b9\u03bd\u03bf\u03bb\u03b1\u03c1\u03c5\u03b3\u03b3\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \notorrinolaringolog\u00eda \notorrinolaringologia ', \n\n\u2014 paediatrics: \n\nGermany: \nBelgium: \nDenmark: \nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nCirceo\u00b7: \nSpain: \nPortugal : \n\nKinderheilkunde \np\u00e9diatrie/kindergeneeskunde \npediatri eller b\u00f8rnesygdomme \np\u00e9diatrie \npaediatrics \npediatria \npediatrie \nkindergeneeskunde \npaediatrics \n\u03c0\u03b1\u03b9\u03b4\u03b9\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae \npediatr\u00eda y sus \u00e1reas espec\u00edficas \npediatria *, \n\n\u2014 respiratory medicine: \n\nGermany: \n\nBelgium: \nDenmark: \nFrance: \nIreland: \nItaly: \n\nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGrcccc: \nSpain: \nPortugal: \n\nLungen- und Bronchialheil\u00ad\nkunde \npneumologie/pneumologie \nmedicinske lungesygdomme \npneumologie \nrespiratory medicine \ntisiologia e malattie \ndell'apparato respiratorio \npneumo-phtisiologie \nlongziekten en tuberculose \nrespiratory medicine \n\u03c6\u03c5\u03bc\u03b1\u03c7\u03b9\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \u2014 \u03c0\u03bd\u03b5\u03c5\u03bc\u03bf\u03bd\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nneumolog\u00eda \npneumologia ; \n\n75/362/EEC \n\n\u2014 82/76/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n82/76/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n89/594/EEC \n\nIr \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n\f75/362/EEC \n\n89/594/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n89/594/EEC \n\nActs of Accession of \nGreece, Spain snd \nPortugal \n\n89/594/EEC \n\n- 19 -\n\n\u2014 urology: \n\nGermany: \nBelgium: \nDenmark: \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \n'G recce: \nSpain: \nPortugal: \n\northopaedics: \n\nUrologie \nurologie/urologie \nurologi eller urinvejenes \nkirurgiske sygdomme \nchirurgie urologique \nurology \nurologia \nurologie \nurologie \nurology; \n\u03bf\u03c5\u03c1\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nurolog\u00eda \nurologia; \n\nGermany: \nBelgium: \nDenmark: \nFrance: \nIreland; \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nCirceo. -: \nSpain: \nPortugal: \n\nOrthop\u00e4die \northop\u00e9die/orthopedic \nortop\u00e6disk kirurgi \nchirurgie orthop\u00e9dique et traumatologie \northopaedic surgery \nortopedia , c traumatologia \northop\u00e9die \northopedie \northopaedic surgery \n\u03cc\u03c1\u039f\u03bf\u03c0\u03ca\u03cc\u03b9\u03ba\u03ae \ntraumatolig\u00eda y cirug\u00eda ortop\u00e9dica \nortopedia; \n\npathological anatomy \n\nGermany: \nBelgium: \n\nDcnmark: \n\nFrance: \n\nIreland: \n\nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \n\nGreece: \nSpain: \nPortugal: \n\nPathologie \nanatomie pathologique/ \npathologische anatomie \npatologisk anatomi og histo\u00ad\nlogi eller vaevsunders\u00f8gelsc \nanatomie et cythologie \npathologique \nmorbid anatomy and \nhistopathology \nanatomia patologica \nanatomie pathologique \npathologische anatomie \nmorbid anatomy and \nhistopathology \n\u03c0\u03b1\u03b8\u03bf\u03bb\u03bf\u03b3\u03b9\u03ba\u03ae \u03b1\u03bd\u03b1\u03c4\u03bf\u03bc\u03b9\u03ba\u03ae \nanatom\u00eda patol\u00f3gica \nanatomia patol\u00f3gica; \n\n\f89/594/EEC \n\n- 20 -\n\nneurology \n\nGermany: \nBelgium: \nDenmark: \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGrecco: \nSpain: \nPortugal: \n\npsychiatry \n\nGermany: \nBelgium: \nDenmark: \nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGreece: \nSpain: \n\nPortugal: \n\nNeurologie \nneurologie/neurologie \nneuromedicin eller medicinske \nnervesygdomme \nneurologie \nneurology \nneurologia \nneurologie \nneurologie \nneurology \n\u039d\u03b5\u03bd\u03c1\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \n\nneurolog\u00eda \nneurologia; \n\nPsychiatrie \npsychiatrie/psychiatrie \npsykiatri \npsychiatrie \npsychiatry \npsichiatria \npsychiatrie \npsychiatrie \npsychiatry \n\u03a8\u03c5\u03c7\u03b9\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae \npsiquiatr\u00eda \npsiquiatria. CHAPTER lil \n\n75/362/EEC \n\nDIPLOMAS, CERTIFICATES AND OTHER EVIDENCE \nOF FORMAL QUALIFICATIONS IN SPECIALIZED \nMEDICINE PECULIAR TO TWO OR MORE \nMEMBER STATES \n\nArticle 6 \n\nEach Member State with provisions on this matter \nlaid down by law, regulation or administrative \naction shall recognize the diplomas, certificates and \nother evidence of formal qualifications in specialized \nmedicine awarded to nationals of Member States by the \nother Member States in accordancc with Articles \n\u2014 and \n24, 25, 27 and 29 \nwhich are \nin Article 7, by giving such \nlisted \nqualifications the same effect in its territory as those \nwhich the Member State itself awards. - 21 -\n\nArticle 7 \n\n1. The diplomas, certificates and other evidence of \nformal qualifications referred to in Article 6 shall be \nthose which, having been awarded by the competent \nauthorities or bodies \n(2), \nthe specialized \nthe purposes of \ncorrespond for \ntraining in question to the designations listed in \nparagraph 2 of \nthis Article in respect of those \nMember States which give such training. in Article S \n\nlisted \n\n2. The designations currently used in the Member \nStates which correspond to the specialist training \ncourses in question are as follows: \n\nclinical biology: \n\nBelgium: \nFrance: \nItaly: \n\nSpain: \nPortugal : \n\nbiologie clinique/klinische biologie \nbiologie m\u00e9dicale \npatologia diagnostica di \nlaboratorio \nan\u00e1lisis cl\u00ednicos \npatologia clinica; \n\nbiological haematology: \n\nDenmark: \nFrance: \nLuxembourg: \nPortugal: \n\nklinisk blodtypeserologi \nh\u00e9matologie \nh\u00e9matologie biologique \nhematologia cl\u00ednica; \n\nmicrobiology \u2014 bacteriology: \n\nGermany: \n\nDenmark: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGreece: \nSpain: \n\nMikrobiologie \nund \nInfektions epidemiologie \nklinisk mikrobiologi \nmicrobiology \nmicrobiologia \nmicrobiologie \nmedische microbiologie \nmedical microbiology \n\u03bc\u03b9\u03ba\u03c1\u03bf\u03b2\u03b9\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nmicrobiolog\u00eda y parasitolog\u00eda ; \n\nbiological chemistry: \n\nDenmark: \nIreland: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nSpain: \n\nklinisk kemi \nchemical pathology \nchimie biologique \nklinische chemie \nchemical pathology \nbioqu\u00edmica clinica; \n\n} \n\nAct of Accession of \n' Spain and Portugal \n\n89/594/EEC \n\nAct of Accession of \n\" Spain and Portugal \n\n} \n\nActs of Accession of \n\u2022 Greece, Spain and \nPortugal \n\n> \n\nJ \n\nAct of Accession of \nSpain and Portugal \n\n\f- 22 -\n\nimmunology: \n\nIreland: \nUnited Kingdom: \nSpain: \n\nclinical immunology \nimmunology \nimmunologia ; \n\n75/362/EEC \n\nAct of Accession of \nSpain and Portugal \n\nplastic surgery: \n\nBelgium: \n\nDenmark: \nFrance: \n\nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGreece: \nSpain: \nPortugal: \n\nthoracic surgery: \n\nBelgium: \nBelgium: \n\nDenmark: \n\nFrance: \n\nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGreece: \nSpain: \nPortugal: \n\nreconstructrice et \n\nchirurgie plastique/ \nplastische heelkunde \nplastikkirurgi \nchirurgie plastique, \nesth\u00e9thique \nplastic surgery \nchirurgia plastica \nchirurgie plastique \nplastishe chirurgie \nplastic surgery \n\u03c0\u03bb\u03b1\u03c3\u03c4\u03b9\u03ba\u03ae \u03c7\u03b5\u03b9\u03c1\u03bf\u03c5\u03c1\u03b3\u03b9\u03ba\u03ae \ncirug\u00eda pl\u00e1stica y reparadora \ncirurgia plastica ; \n\nthoracique et cardio-vascu-\n\nchirurgie thoracique/heelkunde op \nde thorax \nthoraxkirurgi eller brysthulens \nkirurgiske sygdomme \nchirurgie \nlaire \nthoracic surgery \nchirurgia toracica \nchirurgie thoracique \ncardio-pulmonale chirurgie \nthoracic surgery \n\u03c7\u03b5\u03b9\u03c1\u03bf\u03c5\u03c1\u03b3\u03b9\u03ba\u03ae \u03b8\u03ce\u03c1\u03b1\u03ba\u03bf\u03c2 \ncirug\u00eda tor\u00e1cica \ncircurgia tor\u00e1cica; \n\npaediatric surgery: \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nUnited Kingdom: \nGreece: \nSpain: \nPortugal: \n\nchirurgie infantile \npaediatric surgery \nchirurgia pediatrica \nchirurgie p\u00e9diatrique \npaediatric surgery; \n\u03c7\u03b5\u03b9\u03c1\u03bf\u03c5\u03c1\u03b3\u03b9\u03ba\u03ae \u03c0\u03b1\u03af\u03b4\u03c9\u03bd \ncirug\u00eda pedi\u00e0trica \ncirurgia pedi\u00e1trica; \n\n-89/594/EEC \n\nActs of Accession of \n\n\u2022 Greece, Spain and \nPortugal \n\nl\u00b7 \n\n89/594/EEC \n\nActs of Accession of \n\u2022 Greece, Spain and \nPortugal \n\n> \n\n> \n\n-89/594/EEC \n\n- 82/594/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n\f- 23 -\n\nvascular surgery: \n\nBelgium: \n\nFrance: \n\"Italy: \nLuxembourg: \nSpain: \nPortugal: \n\nchirurgie des vaisseaux/ \nbloedvatcnheelkunde \nchirurgie vasculaire \nchirurgia vascolare \nchirurgie cardio-vasculaire \nangiologia y cirug\u00eda vascular \ncirurgia vascular; \n\n75/362/EEC \n\nJ \n} \n\nS9/594/EEC \n\nAct of Accession of \nSpain and Portuga! \n\ncardiology; \n\nBelgium: \nDenmark: \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGreece: \nSpain: \nPortugal : \n\ncardiologie/cardiologie \ncardiologi eller hjerte \u2014 \nog kredsl\u00f8bssygdomme \npathologie cardio-vasculaire \ncardiology \ncardiologia \ncardiologie et angiologie \ncardiologie \ncardio-vascular disease \n\u03ba\u03b1\u03c1\u03b4\u03b9\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \ncardiologia \ncardiologia/ \n\ngastroenterology: \n\nBelgium: \n\nDenmark: \n\nFrance: \nIreland: \nItaly: \n\ngastro-enterologie/ \ngastro-enterologie \nmedicinsk gastroenterologi eller \nmedicinske mave-tarmsygdomme \ngastro-ent\u00e9rologie et h\u00e9patologie \ngastroenterology \nmalattie dell'apparato digerente \ndella nutrizione e del ricambio \ngastro-ent\u00e9rologie \nLuxembourg: \nNetherlands: \ngastro-enterologie \nUnited Kingdom: gastroenterology \n\u03b3\u03b1\u03c3\u03c4\u03c1\u03b5\u03bd\u03c4\u03b5\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nGreece: \naparato digestivo \nSpain: \ngastro-enterologia; \nPortugal : \n\nrheumatology: \n\nrhumatologie/reumatologie \nBelgium: \nDenmark: \nreumatologi \nrhumatologie \nFrance: \nIreland: \nrheumatology \nreumatologia \nItaly: \nLuxembourg: \nrhumatologie \nreumatologie \nNetherlands: \nUnited Kingdom: rheumatology \nGreecc: \n\u03c1\u03b5\u03c5\u03bc\u03b1\u03c4\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nSpain: \nreumatologia \nreumatologia; \nPortugal: \n\n> \n\n89/594/EEC \n\nActs of Accession of \n\n' Greece, Spain and \nPortugal \n\n\u2022 89/594/EEC \n\nAct of Accession of \nSpain and Portugal \n\n89/594/EEC \n\nActs of Accession of \n\"Greece, Spain and \nPortugal \n\n\f- 24 -\n\ngeneral haematology: \n\nIreland: \nItaly: \nLuxembourg: \nUnited Kingdom: \nGreece: \nSpain: \nPortugal : \n\nhaematology \nematologia \nh\u00e9matologie \nhaematology \n\u03b1\u03b9\u03bc\u03b1\u03c4\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nhematolog\u00eda y hemoterapia \nimunohemoterapiaj \n\nendocrinology: \n\nFrance: \n\nIreland: \n\nItaly: \nLuxembourg: \n\nUnited Kingdom: \n\nSpain: \nPortugal: \n\nendocrinologie \u2014 maladies \nm\u00e9taboliques \nendocrinology and diabetes \nmellitus \nendocrinologia \nendocrinologie, maladies du \nm\u00e9tabolisme et de la nutrition \nendocrinology and diabetes \nmellitus \nendocrinolog\u00eda y nutrici\u00f3n \nen docri nologia-nutri\u00e7ao; \n\n75/362/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n89/594/EEC \n\nl\u00b7-\n\nAct of Accession of \nSpain and Portugal \n\nphysiotherapy: \n\nBelgium: \n\nDenmark: \nFrance: \n\nItaly: \nLuxembourg: \n\nNetherlands: \nGreece: \nSpain: \nPortugal : \n\nstomatology: \n\nFrance: \nItaly: \nLuxembourg: \nSpain: \nPortugal: \n\nphysique/fysische \n\nm\u00e9decine \ngeneeskunde \nfysiurgi og rehabilitering' \nr\u00e9\u00e9ducation et r\u00e9adaptation \nfonctionnelles \nfisioterapia \nr\u00e9\u00e9ducation et r\u00e9adaptation \nfonctionnelles \nrevalidatie \n\u03c8\u03c5\u03c3\u03b9\u03ba\u03ae \u03b9\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae \u03ba\u03b1\u03b9 \u03b1\u03c0\u03bf\u03ba\u03b1\u03c4\u03ac\u03c3\u03c4\u03b1\u03c3\u03b7 \nrehabilitaci\u00f3n \nfisiatria\u00b7 \n\n\u2022 82/76/EEC \n\nh1 \n\n- 89/594/EEC \n\nAct of Accession of \nSpain and Portugal \n\nstomatologie \nodontostomatologia \nstomatologie \nestomatolog\u00eda \nestomatologia; \n\nAct of Accession of \nSpain and Portugal \n\n\f- 25 -\n\nneuro-psycbiatry: \n\nGermany: \n\nBelgium: \n\nFrance: \nItaly: \nLuxembourg: \nNetherlands: \nGreece: \n\nNervenheilkunde (Neurologie und \nPsychiatrie) \nneuro-psychiatrie/ \nneuropsychiatrie \nneuro-psychiatrie \nneuropsichiatria \nneuro-psychiatrie \nzenuw- en zielsziekten; \n\u03bd\u03b5\u03c5\u03c1\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \u2014 \u03c8\u03c5\u03c7\u03b9\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae ; \n\ndermato-venereology: \n\nDermatologie und Venerologie \ndermato-v\u00e9n\u00e9r\u00e9ologie/ \ndermato-vcnereologic \ndermato-venerologi eller hud- og \nk\u00f8nssygdomme \ndermatologie et v\u00e9n\u00e9r\u00e9ologie \ndermatologia e vencrologia \ndermato-v\u00e9n\u00e9reologie \ndermatologie en Venerologie \n\u03b4\u03b5\u03c1\u03bc\u03b1\u03c4\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \u2014 \n\u03ac\u03c6\u03c1\u03bf\u03b4\u03b9\u03c3\u03b9\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \ndermatologia m\u00e9dico-quirurgica y \nvenereologia \ndermatovenereolog\u00eda \u00b7, \n\nGermany: \nBelgium: \n\nDenmark: \n\nFrance: \nItaly: \nLuxembourg: \nNetherlands: \nGreece: \n\nSpain: \n\nPortugal : \n\ndermatology: \n\nIreland: \ndermatology \nUnited Kingdom: dermatology; \n\nvenereology: \n\nIreland: \nvenereology \nUnited Kingdom: venereology; \n\nradiology: \n\nGermany: \nFrance: \nItaly: \nLuxembourg: \nNetherlands: \nCrocce: \nSpain: \nPortugal: \n\nRadiologic \n\u00e9lectro-radiologie \nradiologia \n\u00e9lcctro-radiologie \nradiologic \n\u03ac\u03ba\u03c4\u03b9\u03bd\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \u2014 \u03c1\u03b1\u03b4\u03b9\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nelectroradiologia \nradiologia ; \n\n75/362/EEC \n\n\u2022 82/76/EEC. 89/594/EEC \n\n89/594/EEC \n\nActs of Accession of \n\n\u2022 Greece, Spain and \nPortugal \n\nJ-\n\n89/594/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n\fS \n\n\u0397 \n\n-y \n\n'3\u20141 \n\n75/362/EEC \n\n89/594/EEC \n\u2022 82/76/EEC \n\nAct of Accession of \nSpain and Portugal \n\n89/594/EEC \n\n\u2022 82/76/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\nAct of Accession of \nSpain and Portugal \n\n} \n\n> \n\n\u2022 89/594/EEC. 82/76/EEC \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n- 26 -\n\ndiagnostic radiology: \n\nGermany: \nBelgium: \nDenmark: \n\nFrance: \nIreland: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \nGreece: \nSpain: \nPortugal: \n\nRadiologische Diagnostik \nradiodiagnostic/r\u00f6ntgcndiagnose \ndiagnostisk radiologi eller \nr\u00f8ntgenunders\u00f8gelse \nradiodi\u00e0gnostic et imagerie m\u00e9dicale \ndiagnostic radiology \nradiodiagnostic \nradiodiagnostiek \ndiagnostic radiology \n'\u0391\u03ba\u03c4\u03b9\u03bd\u03bf\u03b4\u03b9\u03b1\u03b3\u03bd\u03c9\u03c3\u03c4\u03b9\u03ba\u03ae \nradiodiagnostico \nradiodiagnostico \u00b7, \n\nradiotherapy: \n\nGermany: \nBelgium: \n\nDenmark: \n\nFrance: \nIreland: \nLuxembourg: \nNetherlands: \nUnited Kingdom: \n(\u00a1recce: \nSpain: \nPortugal: \n\nStrahlentherapie \nradio- et radiumth\u00e9rapie/radio\u00ad\nen radiumtherapie \nterapeutisk radiologi eller \nstr\u00e5lebehandling \noncologie, option radioth\u00e9rapie \nradiotherapy \nradioth\u00e9rapie \nradiotherapie \nradiotherapy \n\u03ac\u03ba\u03c4\u03b9\u03bd\u03bf\u0397\u03b5\u03c1\u03b1\u03c0\u03b5\u03c5\u03c4\u03b9\u03ba\u03ae \noncologia radioterapica \nradioterapia ; \n\ntropical medicine: \n\nDenmark: \nIreland: \nItaly: \nUnited Kingdom: \nPortugal: \n\ntropemedicin \ntropical medicine \nmedicina tropicale \ntropical medicine \nmedicina tropical \u00b7, \n\nchild psychiatry: \n\nGermany: \nDenmark: \nFrance: \nIreland: \nItaly: \nLuxembourg: \nUnited Kingdom: \nGreece: \nPortugal : \n\nKinder- und Jugendpsychiatrie \nb\u00f8rnepsykiatri \np\u00e9do-psychiatrie \nchild and adolescent psychiatry \nncuropsichiatria infantile \npsychiatrie infantile \nchild and adolescent psychiatry \n\u03c0\u03b1\u03b9\u03b4\u03bf\u03c8\u03c5\u03c7\u03b9\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae \npedopsiquiatria ; \n\n\f- 27 -\n\ngeriatrics: \n\nIreland: \nNetherlands:' \nUnited Kingdom: \nSpain: \n\ngeriatrics \nklinische geriatric \ngcriatrics \ngeriatria ; \n\nrenal diseases: \n\nDenmark: \n\nFrance: \nIreland: \nItaly: \nLuxembourg: \nUnited Kingdom: \nCrocce: \nSpain: \nPortugal: \n\nnefrologi eller medicinske \nnyresygdomme \nn\u00e9phrologie \nnephrology \nnefrologia \nn\u00e9phrologie \nrenal diseases \n\u03bd\u03b5\u03c6\u03c1\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \nnefrologia \nnefrologia ; \n\ncommunicable diseases: \n\nIreland: \nItaly: \nUnited Kingdom: \n\ncommunicable diseases \nmalattie infettive \ncommunicable diseases; \n\ncommunity medicine: \n\nFrance: \nIreland: \nUnited Kingdom: \n\nsant\u00e9 publique et m\u00e9decine sociale \ncommunity medicine \ncommunity medicine; \n\npharmacology: \n\nGermany: \nIreland: \n\nUnited Kingdom: \n\nSpain : \n\nPharmakologie \nclinical pharmacology and \ntherapeutics \nclinical pharmacology and \ntherapeutics \nfarmacologia clinica ; \n\n75/362/EEC \n\nJ-\n\n> \n\n89/594/EEC \n\nAct of Accession of \nSpain and Portugal \n\n89/594/EEC \n\n3-\n\n3\u20141 \n\nActs of Accession of \nGreece, Spain and \nPortugal \n\n\u2022 89/594/EEC \n\nAct of Accession of \nSpain and Portugal \n\n\f75/362/EEC \n\n\u2014 89/594/EEC \n\nF \n\n89/594/EEC \n\n\u2022 Act of Accession of \nSpain and Portugal \n\n89/594/EEC \n\n> \n\nAct of Accession of \nSpain and Portugal \n\n89/594/EEC \n\n- 28 -\n\noccupational medicine: \n\nGermany: \nDenmark: \n\nFrance: \nIreland: \nItaly: \nNetherlands: \nUnited Kingdom: \nGreece: \nPortugal: \n\nArbeitsmedizin \nsamfundsmedicin / \narbejdsmedecin \nm\u00e9decine du travail \noccupational medicine \nmedicina del lavoro \narbeids- en bedrijfsgeneeskunde \noccupational medicine \n\u03b9\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae \u03c4\u03b7\u03c2 \u03b5\u03c1\u03b3\u03b1\u03c3\u03af\u03b1\u03c2 \nmedicina do trabalho;. allergology: \n\nItaly: \nNetherlands: \nGreece: \nSpain: \nPortugal : \n\nallergologia ed immunologia clinica \nallergologie. \u03b1\u03bb\u03bb\u03b5\u03c1\u03b3\u03b9\u03bf\u03bb\u03c3\u03b3\u03af\u03b1 \nalergolog\u00eda \nimuno-alergologia ; \n\ngastro-enterologfcal surgery: \n\nBelgium: \n\nDenmark: \n\nFrance: \nItaly: \nSpain: \n\nchirurgie abdominale/heejkunde \nop het abdomen \nkirurgisk gastroenterologi eller \nkirurgiske mave-tarmsygdomme \nchirurgie visc\u00e9rale \nchirurgia dell'apparato digerente \ncinigia del aparato digestivo; \n\nnuclear medicine: \n\nGermany: \nBelgium: \n\nFrance: \nItaly: \nNetherlands: \nUnited Kingdom: \nGreece: \nSpain: \nPortugal: \n\nNuklearmedizin \nm\u00e9decine nucl\u00e9aire/ \u2022 \nnucleaire geneeskunde \nm\u00e9decine nucl\u00e9aire \nmedicina nucleare \nnucleaire geneeskunde \nnuclear medicine \n\u03c0\u03c5\u03c1\u03b7\u03bd\u03b9\u03ba\u03ae \u03b9\u03b1\u03c4\u03c1\u03b9\u03ba\u03ae \nmedicina nuclear \nmedicina nuclear; \n\nmaxillo-facial surgery \n(basic medical training): \n\nFrance: \n\nItaly: \nSpain: \n\nchirurgie maxillo-faciale et \nstomatologie \nchirurgia maxillo-facciale \ncirug\u00eda oral y maxilofacial; \n\n\f89/594/EEC \n\n75/362/EEC \n\n-29-\n\ndenial, oral and maxillo-facial surgery \n(basic medical and dental training): \n\nGermany: \n\nBelgium: \n\nIreland: \n\nUnited Kingdom: \n\nZalm-, Mund-, Kiefer- und \nGesichischirurgie \nstomatologie/chirurgie orale et \nmaxillo-faciale, \nstomatologie/orale en \nmaxillo-facialc chirurgie \noral and maxillo-facial \nsurgery \noral and maxillo-facial \nsurgery. Article 8 \n\n1. Nationals of Member States wishing to acquire \none of the diplomas, certificates or other evidence of \nformal qualifications of \nspecialist doctors not \nreferred to in Articles 4 and 6, or which, although \nreferred to in Article 6, are not awarded in the \nMember State of origin or the Member State from \nwhich the foreign national comes, may be required \nby a host Member State to fulfil the conditions of \ntraining laid down in respect of the specialty by its \nown law, regulation or administrative action. 2. The host Member State shall, however, take \ninto account, in whole or in pan, the training \nperiods completed by the nationals referred to in \nparagraph 1 and attested by the award of a diploma, \ncertificate or other evidence of formal training by the \ncompetent authorities of the Member State of origin \nor the Member State from which the foreign national \ncomes provided such training periods correspond to \nthose required in the host Member State for the \nspecialized training in question. 3. The competent authorities or bodies of the host \nMember State, having verified the content and \nduration of the specialist training of the person \nconcerned on the basis of the diplomas, certificates \nformal qualifications \nand \nsubmitted, shall \nthe period of \ninform him of \nadditional training required and of the fields to be \ncovered by it. other evidence of \n\n\f-30-\n\nCHAPTER IV \n\nEXISTING CIRCUMSTANCES \n\nArticle 9 \n\n1. The diplomas, certificato and other evidence of formal \nqualifications in specialized medicine issued to nationals \nof the Member States and not satisfying the minimum \ntraining requirements laid down in Articles 24 to 27 shall \nbe assimilated with those diplomas satisfying to these \nrequirements when they attest to training which has \ncommenced at least before : \n\n1 January 1986 for Spain and Portugal; \n1 January 1981 for Greece; \n20 December 1976 for the other Member States; \n\nwithout prejudice to paragraphs 2 and 3. The host Member. State may, however, require that the \ndiplomas, certificates and other evidence of formal \nqualifications in medicine be accompanied by a certificate \nstating that those nationals have effectively and lawfully \nbeen engaged in the activities in question for at least three \nconsecutive years during the five years prior to the date \nof issue of the certificate. The host Member State may require that the diplomas, \ncertificates and other evidence of formal qualifications in \nspecialized medicine be accompanied by a certificate \nissued by the competent authorities or bodies of the \nMember State of origin or in the Member State from \nwhich they comei stating that the holders have, in \nspecialized medicine, been engaged in activities \nin \nquestion for a period equivalent to twice the difference \nbetween the period of specialized training of the Member \nState of origin or of the Member State from which they \ncome, and the minimum requirements regarding the \nduration of training laid down in Title III. 90/658/EEC \n\nArticle 9a \n\n- 31 -\n\n2. In the case of nationals of Member States whose \ndiplomas, certificates and other evidence of formal \nqualifications in medicine attest to training received on \nthe \nformer German Democratic \nRepublic which does not satisfy all the minimum \ntraining requirements \n\nin Article 23, \n\nterritory of \n\nlaid down \n\nthe \n\nMember States other than \nGermany shall recognize those diplomas, certificates \nand other evidence of formal qualifications as being \nsufficient proof if: \n\n\u2014 they attest to training commenced before German \n\nunification, \n\n\u2014 they entitle the holder to pursue the activities of a \ndoctor throughout the territory of Germany under \nthe same conditions as the qualifications awarded \nby the competent German authorities and referred \nto in points 1 and 2 of Article 3 (a), and \n\n\u2014 they are accompanied by a certificate issued by th\u00e8 \ncompetent German authorities stating that those \nnationals have effectively and lawfully been engaged \nin the activities in question in Germany for at least \nthree consecutive years during the five years prior to \nthe date of issue of the certificate. 3. In the case of nationals of Member States whose \ndiplomas, certificates and other evidence of formal \nqualifications in specialized medicine attest to training \nreceived on the territory of the former German \nDemocratic Republic which docs not satisfy the \nin \nminimum \nMember \nArticles 24 to 27. States other than Germany shall recognize those \ndiplomas, certificates and other evidence of formal \nqualifications as being sufficient proof if: \n\nrequirements \n\nlaid down \n\ntraining \n\n\u2014 they attest to training commenced before I \n\n3 April 1992, and \n\n\u2014 they permit the pursuit, as a specialist, of the \nactivity in question throughout the territory of \nGermany under \nthe same conditions as the \nqualifications awarded by the competent German \nauthorities and referred to in Articles 5 and 7. They may, however, require that these diplomas, \ncertificates or other evidence of formal qualifications be \naccompanied by a certificate issued by the competent \nGerman authorities or bodies stating that the holders \nhave, as specialists, been engaged in the activity in \nquestion for a period equivalent to twice the difference \nbetween the period of specialized training received on \nGerman territory and the minimum duration of training \nlaid down in Title III \u2014: \nwhere they do \nnot satisfy the minimum requirements regarding the \nduration of training laid down in Articles 26 and 27. - 32 -\n\n4 - \nIn the case of nationals of the Member States whose \ndiplomas, certificates and other evidence of formal \nqualifications in medicine or in specialized medicine do \nnot conform with the qualifications or designations set \nout in Articles 3, 5 0\u0393 7, each Member State shall \nrecognize as being sufficient proof the diplomas, \ncertificates and other evidence of formal qualifications \nawarded by those Member States, accompanied by a \ncertificate issued by the competent authorities or bodies. The certificate shall state that these diplomas, certificates \nand other evidence of formal qualifications in medicine or \nin specialized medicine were awarded following training \nin accordance with \n\nthe provisions of Title III \nreferred to, as appropriate, in Article 2,4 \nor \n\u2022 and arc treated by the \nMember State which awarded (hem as the qualifications \nor designations set out, as appropriate, in Article 3,5 or 7\u00b7 \n\n89/594/EEC \n\n89/594/EEC \n\nvascular \n\nthoracic \n\n5. Those Member States which have repealed the \nprovisions laid down by law, regulation or administrative \naction relating to the award of diplomas, certificates and \nother evidence of formal qualifications in neuro-psychiatry, \nradiology, \nsurgery, \nsurgery, \ngastroenterological \nsurgery, biological haematology, \nphysiotherapy or tropical medicine and have taken measures \nrelating to acquired rights on behalf of their own nationals, \nshall recognize the right of nationals of the Member States to \nbenefit from those same measures, provided their diplomas, \ncertificates and other evidence of formal qualifications in \nneuropsychiatry, radiology, thoracic surgery, vascular \nbiological \nsurgery, \nhaematology, physiotherapy or tropical medicine fulfil the \nrelevant conditions set out either in Artide 9 (2)-\n\ngastroenterological \n\nsurgery, \n\nor in Anides 2, 3 and 5 or in Articles \n\n24, 25 and 27 and in so far as the said diplomas, cenificates \nand other evidence of formal qualifications were awarded \nbefore the date on which the host Member Sute stopped \nawarding such diplomas, certificates and other evidence of \nformal qualification in the speaalization concerned. 6. The dates on which the Member States concerned \nrepealed the provisions laid down by law, regulation or \nadministrative action in res pea of the diplomas, cenificates \nand other evidence of formal qualifications referred to in \nparagraph 5 are set out in \n\nAnnex II. CHAPTER V \n\nUSE OF ACADEMIC TITLE \n\nArtide 10 \n\ntitle \n\n1. Without prejudice to Artide 19, host Member \nStates shall ensure that the nationals of Member \nStates who fulfil the conditions laid down in Anides \n2, 4, 6 and 9 have the right to use the lawful \nacadcmic \nthe \nor, where \nabbreviation thereof, of their Member State of origin \nor of the Member State from which they come, in \nthe languages of that State. Host Member States may \nrequire this title to be followed by the name and \nlocation of the establishment or examining board \nwhich awarded it. appropriate, \n\n2. If the academic title used in the Member State \nof origin, or in the Member State from which a \nforeign national comes, can be confused in the host \nMember State with a title requiring in that State \nadditional training which the person concerned has \nnot undergone, the host Member State may require \nsuch a person to use the title employed in the \nMember State of origin or the Member State from \nwhich he comes in a suitable form to be drawn up \nby the host Member State. CHAPTER VI \n\nPROVISIONS TO FACILITATE THE EFFECTIVE \nEXERCISE OF THE RIGHT OF ESTABLISHMENT \nAND FREEDOM TO PROVIDE SERVICES IN \nRESPECT OF THE ACTIVITIES OF DOCTORS \n\nA. Provisions specifically relating to the right \nof-establishment \n\nArticle 11 \n\n1. A host Member State which requires of its \nnationals proof of good character or good repute \nwhen they take up for the first time any activity \nof a doctor \nshall accept as sufficient \nevidence, in respect of nationals of other Member \nStates, a certificate issued by a competent authority \nin the Member State of origin or in the Member \nState \nforeign national comes, \nattesting that the requirements of the Member State \nas to good character or good repute for taking up \nthe activity in question have been met. from which the \n\n\f- 34 -\n\nfrom which the \n\nthe \n2. Where the Member State of origin or \nMember State \nforeign national \ncomes does not require proof of good character or \ngood repute of persons wishing to take up the \nthe first unie, the host \nactiviry in question for \nMember State may require of nationals of \nthe \nMember State of origin or of the Member State from \nwhich the foreign national comes an extract from the \n\u2022judicial \nthis, an equivalent \ndocument issued by a competent authority in the \nMember State of origin or the Member State from \nwhich the foreign national comes. record\" or, failing \n\n3. If \nthe host Member State has detailed \nknowledge of a serious matter which has occurred, \nprior to the establishment of the person concerned \nin that State,. outside its territory and which is likely \nto affect the taking up within its territory of the \nactivity conccrned, it may inform the Member State \nof origin or the Member State from which the \nforeign national comes. \u2022 \n\nThe Member State of origin or the Member State \ntrom which the foreign national comes shall verify \nrhe accuracy of the facts. Its authorities shall decide \non the nature and extent of the investigation to be \nmade and shall inform the host Member State of \nany consequential action which they take with \nregard to the cenificates or documents they have \nissued. Member States shall ensure the confidentiality of the \ninformation which is forwarded. Article 12 \n\nforce \n\n1. Where, in a host Member State, provisions laid \ndown by law, regulation or administrative action are \nin \nlaying down requirements as to good \ncharacter or good repute including provisions for \ndisciplinary action in respect of serious professional \nmisconduct or conviction of criminal offences and \nrelating to the pursuit of any of the activities \nthe Member State of origin \nof a cbctor, \n\ninformation \naction \n\nor the Member State from which the foreign national \ncomes shall forward to the host Member State all \nregarding measures or \nnecessary \nor \nof \ndisciplinary \nadministrative nature taken in respect of the person \nconcerned or criminal penalties imposed on him. when pursuing his profession in the Member State of \norigin or in the Member State from which he came. professional \n\na \n\n2. If \nthe host Member Sate has detailed \nknowledge of a serious maner which has occurred, \nprior to the establishment of the person concerned \nin that State, outside its territory and which is likely \nto at'fect the pursuit within its territory of the \nactivity concerned, it may inform the Member State \nof origin or the Member State from which the \nforeign national comes. The Member State of origin or the Member State \nfrom which the foreign national comes shall verify \nthe accuracy of the facts. Its authorities shall decide \non the narure and extent of the investigation to be \nmade and shall inform the host Member State of \nany consequential action which they take with \nregard \nthey have \nforwarded in accordance with paragraph 1. Marter States shall ensure the confidentiality \nof the infornati on which is forwarded. information which \n\nthe \n\nto \n\n75/362/EEC \n\n82/76/EEC \n\n75/362/EEC \n\n82/76/EEC \n\n75/362/EEC \n\n\fArticle 13 \n\nWhere a host Member State requires of its own \nnationals wishing to take up or pursue any activity \na certificate of physical or \nof a doctor, \nmental health, that State shall accept as sufficient \nevidence thereof the presentation of the document \nrequired in the Member State of origin or the \nMember State from which the foreign national \ncomes. Where the Member State x>f origin or the Member \nState from which the foreign national comes does \nnot impose any requirements of this nature on those \nwishing to take up or pursue the activity in question, \nthe host Member State shall accept from such \nnational a certificate issued by a competent authority \nin that State corresponding to the certificates issued \nin the host Member State. Artide 14 \n\nDocuments issued in accordancc with Anieles 11,12 \nand 13 may not be presented more than three \nmonths after their date of issue. Artide IS \n\n1. The procedure for authorizing the person \nconccrned to take up any activity of a \n(factor, pursuant to Articles 11, 12 and 13, must be \ncompleted as soon as possible and not later than \nthree months after presentation of all the documents \nrelating to such person, without prejudice to delays \nresulting from any appeal that may be made upon \nthe termination of this procedure. 2. In the cases referred to in Article 11 (3) and \nArticle 12 (2), a request for re-examination shall \nsuspend the period laid down in paragraph 1. The Member State consulted shall give its reply \nwithin a period of three months. On receipt of the reply or at the end of the period \nthe host Member State shall continue with the \nprocedure referred to in paragraph 1. Article 16 \n\nWhere a host Member State requires its own \nnationals wishing to take up or pursue one of the \nactivities of a doctor \nto take an oath or \nmake a solemn declaration and where the form of \nsuch an oath or declaration cannot be used by \nnationals of other Member States, that Member \nState shall ensure \nthat an appropriate and \nequivalent form of oath or declaration is offered to \nthe person concerned. 75/362/EEC \nArticle 16 \n\n82/76/EEC \n\n- 36 -\n\n\u0392. Special provisions relating to the provision \no\u00ed services \n\nArtide 17 \n\nL Where a Member State requires of its own \nnationals wishing to take up or pursue any activity \nof a doctor, \nan authorization or \nmembership of, or registration with, a professional \norganization or body, that Member State shall in the \ncase of the provision of services exempt the nationals \nof Member States from that requirement. The person concerned shall provide services with the \nsame rights and obligations as the nationals of the \nhost Member State; in particular he shall be subject \nto \nthe rules of conduct of a professional or \nadministrative nature which apply in that Member \nState. For this purpose and in addition to the declaration \nprovided for in paragraph 2 relating to the services \nto be provided. Member States may, so as to permit \nthe implementation of the provisions relating to \nprofessional conduct in force in their territory, \nrequire either automatic temporary registration or \npro \nprofessional \norganization or body or, as an alternative, \nregistration, provided that such registration or \nin any way \nmembership does not delay or \ncomplicate the provision of services or impose any \nadditional costs on \nthe \nservices. the person providing \n\nforma membership \n\nof \n\na \n\nWhere a host Member State adopts a measure \npursuant to the second subparagraph or becomes \naware of faas which run counter to these provisions, \nit shall forthwith inform the Member State where the \nperson concerned is established. 2. The host Member State may require the person \nconcerned to make a prior declaration to the \ncompetent authorities concerning the provision of his \nservices where they involve a temporary stay in its \nterritory. In urgent cases this declaration may be made as soon \nas possible after the services have been provided. 3. Pursuant to paragraphs 1 and 2, the host \nMember State may require rhe person conccrned to \nsupply one or more documents containing \nthe \nfollowing particulars: \n\n\u2014 the declaration referred to in paragraph 2; \n\n\u2014 a certificate stating that the person concerncd is \nlawfully pursuing the activities in question in the \nMember State where he is established; \n\n\f- 37 -\n\na certificate that the person conccrncd holds one \nor other of the diplomas, certificates or other \nevidence of formal qualification appropriate for \nthe provision of rhe services in question and \nreferred to in this Directive. in \n4. The document or documents specified \nparagraph 3 may not be produced more than 12 \nmonths after their date of issue. 5. Where a Member State \ntemporarily or \npermanently deprives, in whole or in part, the right \nof one of its nationals or of a national of another \nMember State established in its territory to pursue \none of the activities of a doctor, \nit shall, \nas appropriate, ensure the temporary or permanent \nwithdrawal of the certificate referred to in the \nsecond indent of paragraph 3. Article 18 \n\nWhere registration with a public social security body \nis required in a host Member State for the settlement \nwith insurance bodies of accounts relating to services \nrendered to persons insured under social security \nschemes, that Member Sute shall exempt nationals \nof Member States established in another Member \nState from this requirement, in cases of provision of \nservices entailing travel on the part of the person \nconcerned. However, \nthe persons concerned shall supply \ninformation to this body in advancc, or, in urgent \ncases, subsequently, concerning the services provided. C. Provisions common to the right of establishment \nand freedom to provide services \n\nArticle 19 \n\nWhere in a host Member State the use of the \nprofessional title relating to one of the activities \u00b7 \nof a doctor \nis subiect to rules, nationals \nof other Member States. who fulfil the conditions laid \ndown in Article 2 and Article 9 (1) and (2) shall use the \nprofessional title of the host Member State which, \nin that State, corresponds to those conditions of \nqualification and shall use the abbreviated title. The first \nparagraph shall also apply to the use of \nprofessional titles of specialist doctors by those who \nfulfil the conditions laid down in Articles 4 and 6 \nand Article 9 ( 1 ), (3), (4) and (5). 75/362/EEC \n\nArticle \n\n17 \n\nArticle \n\n18 \n\n\f75/362/EEC \n\n- 38 -\n\nArticle 20 \n\ntake \n\n1. Member States \nthe necessary \nshall \nmeasures to enable the persons conccrned to obtain \ninformation on the health and social security laws \nand, where applicable, on the professional ethics of \nthe host Member State. this. purpose Member States may set up \nFor \ninformation centres from which such persons may \nobtain the necessary information. In the case of \nestablishment, the host Member States may require \nthe beneficiaries to contact these centres. 2. Member States may set up the centres referred \nto in paragraph 1 within the competent authorities \nand bodies which they must designate. 3. Member States shall see to it that, where \nappropriate, the persons concerned acquire, in their \ninterest and in that of their patients, the linguistic \nknowledge necessary to the exercise of their profession \nin the host country. Article 21 \n\nMember States which require their own nationals to \ncomplete a preparatory training period in order to \nbecome eligible for appointment as a doctor of a \nthe same \nsocial \nrequirement on nationals of the other Member States \nfor a period of five years beginning 20 June 1975. The training period may not, however, \n\nscheme may \n\nsecurity \n\nimpose \n\nexceed six months. Article 22 \n\nconfirmation of \n\nIn the event of justified doubts, the host Member \nState may require of the competent authorities of \nanother Member State \nthe \nauthenticity of the diplomas, certificates and other \nevidence of formal qualifications issued in that other \nMember St^cc and referred to in Chapters I to 'IV \nand also confirmation of the fact that the person \nconcerned has fulfilled all the training requirements \nlaid down in Articles 23 to 29. - 39 -\n\nTITLE III \n\nCOORDINATION OF PROVISIONS LAID DOWN \nBY LAW, REGULATION OR ADMINISTRATIVE \nACTION IN RESPECT OF ACTIVITIES OF DOCTORS \n\nArticle 23 \n\nrequire persons \n1. The Member Stares shall \nwishing to take up and pursue a medica! profession \nto hold a diploma, certificat\u00ab; or other evidence of \nformal qualifications in medicine referred to in \nArticle 3 \n;\u2014 which \nguarantees that during his complete training period \nthe person concerned has acquired: \n\n\u2014 \n\n(a) adequate knowledge of the sciences on which \nmedicine is based and a good understanding of \nthe scientific methods including the principles of \nmeasuring biological functions, the evaluation of \nscientifically established facts and the analysis of \ndata; \n\n75/363/EEC \nArt icle \n\n1 \n\n(b) sufficient \n\nof \n\nunderstanding \n\nstructure, \nfunctions and behaviour of healthy and sick \npersons, as well as relations between the state of \nhealth and the physical and social surroundings \nof the human being; \n\nthe \n\n(c) adequate knowledge o\u00ed clinica! disciplines and \npractices, providing him with a coherent picture \nof mental and physical diseases, of medicine from \nthe points of view of prophylaxis, diagnosis and \ntherapy and of human reproduction; \n\n(d) suitable clinical experience in hospitals under \n\nappropriate supervision. 2. A complete period of medical training of this \nkind shall comprise at least a six-year course or 5 500 \nhours of theoretical and practical instruction given in \na university or under the supervision of a university. ; \n\n3. In order to be accepted for this training, the \ncandidate must have a diploma or a certificate which \nentitles him to he admitted to the universities of a \nMember State for the course of study concerncd. 4. In the case of persons who started their training \nbefore 1 January 1972, the training referred to in \ninclude six months' full-time \nparagraph 2 may \npractical \nthe \nsupervision of the competent authorities. training at university \n\nlevel under \n\n5. Nothing in this Directive shall prejudice any \nfacility which may be granted in accordance with \ntheir own rules by Member States in respect of their \nown \nterritory to authorize holders of diplomas, \ncertificates or other evidence of formal qualifications \nwhich have not been obtained in a Member State to \nt\u00e1ke up and pursue the activities of a doctor. - AO -\n\nArticle 24 \n\n1. Member States shall ensure that the training \nleading to a diploma, certificate or other evidence of \nformal qualifications in specialized medicine, meets \nthe following requirements at least: \n\n(a) it shall entail the successful completion of six \nthe \n\nyears' study within \ntraining course referred to in Artide 23 \u00b7 \n\nframework of \n\nthe \n\nrhe training leading to the award of the diploma, \ncertificate or other evidence of spedai ization in dental, \noral and maxillo-fadal surgery (basic medical and dental \ntraining) also entails the sucessful completion of the \ntraining course as a dental practitioner referred to in \nArticle 1 of Council Directive 78/687/EEC (1); \n\n(b) it \n\nshall comprise \n\ntheoretical and practical \n\ninstruction; \n\n(c) it shall be a full-time course supervised by the \ncompetent authorities or bodies pursuant to \npoint 1 of the Annex I ; \n\n(d) it shall be in a university centre, in a teaching \nhospital or, where appropriate, \nin a health \nestablishment approved for this purpose by the \ncompetent authorities or bodies; \n\n(e) it shall involve the personal participation of the \ndoctor training to be a specialist in the activity \nand in the responsibilities of the establishments \nconcerned. 2. Member States shall make the award \u00f2f a \ndiploma, certificate or other evidence of formal \nqualifications in specialized medicine subject to the \npossession of one of the diplomas, certificates or \nother evidence of formal qualifications in medicine \nreferred to in Article 23. certificate or other evidence of \n\u2014 \nspecialization in dental, oral and maxillo-fadal surgery \n(basic medical and dental training) is also subject to \npossession of one of the diplomas, certificates or other \nevidence of qualifications as a dental practitioner referred \nto in Article 1 of Directive 78/687/EEC. Issue of the diploma, \n\n(') OJ No 1. 2\u00ce. \u00ce, 24. 8. 1978, p. \u00cc0. 75/363/EEC \nArticle 2 \n\n89/594/EEC \n\n75/363/EEC \n\n82/76/EEC \n\n75/363/EEC \n\n89/594/EEC \n\n\f- 41 -\n\nArticle 25 \n\n1. Without prejudice to the principle of full-time \ntraining as set out in Article 2(^1) (c), and until such \ntime as the Council takes decisi. ons in accordance \nwith paragraph 3, Member States may permit \npart-time specialist \ntraining, under conditions \napproved by the competent national authorities, \nwhen training on a full-time basis would not be \npracticable for well-founded individual reasons. 2. Part-time training shall be given in accordance \nwith point 2 of Annex \u00ef hereto and at a standard \nqualitatively equivalent to full-time training. This \nstandard of training shall not be impaired, either by \nits part-time nature or by the practice of private, \nremunerated professional activity. The total duration of specialized training may not \nbe curtailed in those cases where it is organized on a \npart-time basis. than \nlater \n3. The Council shall decide, not \nthe provisions of \n25 January 1989, whether \nparagraphs 1 and 2 are to be maintained or \namended, in the light of a re-examination of the \nsituation and on a proposal by the Commission, \nwith due regard to the fact that the possibility of \npart-time training should continue to exist in certain \nspecialty by \nto be examined \ncircumstances \nspecialty. Part-time specialist training begun before 1 January \n1983 \nmay be \n: \ncompleted in accordance with the provisions in effect before this date. ; \n\n: \n\nArticle 26 \n\nMember States shall ensure that the minimum length \nof the specialized training courses mentioned below \nmay not be less than the following: \n\nFirst group \n\n( five years) ; \n\n\u2014 general surgery \n\u2014 neuro-surgery \n\u2014 internal medicine \n\u2014 urology \n\u2014 orthopaedics; \n\nSecond group \n\n\u03b6 four years): \n\n\u2014 gynaecology and obstetrics \n\u2014 paediatrics \n\u2014 pneumo-phthisiology \n\n\u2014 pathological anatomy \n\n\u2014 neurology \n\u2014 psychiatry ; \n\nThird group \n\n(three years) : \n\n\u2014 anesthesiology and reanimation \n\u2014 ophthalmology \n\u2014 otorhinolaryngology. Article 3 \n\n82/76/EEC \n\n82/76/EEC \nArticle 14 \n(adapted) \n\n75/363/EEC \nArticle 4 \n\n89/594/EEC \n\n75/363/EEC \n\n\f- 42 -. Article 27 \n\nMember States which have laid down provisions by \nlaw, regulation and administrative action in this field \nthe \nshall ensure \nspecialized training courses mentioned below may \nnot be less than the following: \n\nthe minimum \n\nlength of \n\nthat \n\nFirst group. (. five years^ : \n\n\u2014 plastic surgery \n\u2014 thoracic surgery \n\u2014 vascular surgery \n\u2014 neuro-psychiatry \n\u2014 paediatric surgery \n\u2014 gastroenterological surgery \n\u2014maxi Ilo-facial surgery (basic medical training); \n\nSecond group C four years) ; \n\n\u2014 cardiology \n\u2014 gastroenterology \n\u2014 rheumatology \n\u2014 clinical biology \n\u2014 radiology \n\u2014 diagnostic radiology \n\u2014 radiotherapy \n\u2014 tropical medicine \n\u2014 pharmacology \n\u2014 child psychiatry \n\u2014 microbiology-bacteriology \n\u2014 occupational medicine \n\u2014 biological chemistry \n\u2014 immunology \n\u2014 dermatology \n\u2014 venereology \n\u2014 geriatrics \n\u2014 renal diseases \n\u2014 contagious diseases \n\u2014 community medicine \n\u2014 biological haematology \n\u2014 nuclear medicine \n\u2014 dental, oral and maxi I lo-f acia I surgery (basic \n\nmedical and dental training); \n\nThird group ^three years) \n\u2014 general haematology \n\u2014 endocrinology \n\u2014 physiotherapy \n\u2014 stomatology \n\u2014 dermato-venereology \n\u2014 allergology t \n\n75/363/EEC \n\nArticle \n\n5 \n\n] 89/594/EEC \n\n75/363/EEC \n\n89/594/EEC \n\n75/363/EEC \n\n\f- 43 -\n\nArticle 28 \n\nAs a transitional mesasure and notwithstanding \nArticles 24 (1) (c) and 25, Member States whose \nlaw, regulation, or \nprovisions, \nfor part-time \nadministrative action, provided \nspecialist training 0n 20 June 1975, \n\nlaid down by \n\n\u2014 may \ncontinue to apply these provisions to candidates \nwho have begun training as specialists not later than \n31 December 1983. Each host Member State shall be authorized to \nrequire the beneficiaries of the first paragraph to \nproduce, in addition to their diplomas, certificates \nand other evidence of formal qualifications, an \nattestation certifying \nthree \nthat \nconsecutive years out of the five years preceding the \nissue of the attestation they have in fact been \nlawfully practising as specialists \nfield \nconcerned. for at \n\nin the \n\nleast \n\nArticle 29 \n\ntransitional measure and notwithstanding \n\nAs a \nArticle 24{2): \n\n(a) as regards Luxembourg, and in respect only of \nthe Luxembourg diplomas covered by the law of \n1939 of Luxembourg on \nthe conferring of \nacademic and university degrees, the issue of a \ncertificate as a specialist shall be conditional \nsimply upon the possession of the diploma of \ndoctor of medicine, \nsurgery and obstetrics \nawarded by the Luxembourg State Examining \nBoard; \n\n(b) as regards Denmark, and in respect only of the \nDanish diplomas of doctors of medicine required \nby law awarded by a Danish university faculty of \nmedicine in accordance with the decree of the \nMinistry of the Interior of 14 May 1970, the issue \nof a certificate as specialist shall be conditional \nsimply upon \nthe above-\nmentioned diplomas. the possession of \n\nThe diplomas referred to under (a) and (b) may be \nawarded to candidates who began their training \nbefore 20 December 1976. 82/76/EEC \n\nArticle \n\n7 \n\n75/363/EEC \n\nArticle \n\n8 \n\n\f_ 44 -\n\nTITLE IV \n\nSPECIFIC TRAINING IN \nGENERAL MEDICAL PRACTICE \n\nArtidi 30 \n\nthe complete \nEach Member Sute which dispenses \ntraining referred to in Article 23 \n1 \nwithin its territory shall institute specific training in \ngenera! medical practice meeting requirements at least as \nstringent as those laid down in Anieles 31 and 32 t \n\nin such a manner that the first diplomas, certi\u00ad\nficates or other evidence o\u00ed {ormai qualifications awarded \non completion of the course are issued not later than I \nJanuary 1990. Article 31 \n\n1. The specific training in general medical practice \nreferred \nthe following \nminimum requirements : \n\nin Article 30 must meet \n\nto \n\n(a) entry shall be conditions! upon the successful comple\u00ad\ntion of at least SIK years' study within the framework \nof the training course referred to in Article 23; \n\n(b) it shall be a full-time course lasting at least two years, \nand shall be supervised by the competent authorities \nor bodies ; \n\n(c) it shall be practically rather than theoretically based ; \nthe practical instruction shall be given, on the one \nhand, for at least six months in an approved hospital \nor clinic with suitable equipment and services and, on \nthe other hand, for at least six months in an approved \ngenerai medicai prae'ee or in an approved centre \nwhere doctors provide primary care ; it shall be carried \nout in contact with other health establishments or \nstructures concerned with general medical practice ; \nhowever, without prejudice to the aforesaid minimum \nperiods, the practical instruction may be given for a \nmaximum period of six months in other approved \nhealth establishments or structures concerned with \ngeneral medical practice , \n\n(d) it shal! entail the persona! participation of the trainee \nin the professional activities and responsibilities of the \npersons with whom he works. 86/457/EEC \n\nArticle 1 \n\nArt i c I e 2 \n\n\f86/457/EEC \n\n86/457/EEC \n\nAr t i c I e \n\n3 \n\n- 45 -\n\n2. Member States shall be entitled to defer application \nof the provisions of paragraph I (c) relating to minimum \nperiods of instruction until I January 1995 at the latest. 3. Member States shall make the issue of diplomas, \ncertificates, or other evidence of formal qualifications \nawarded after specific training in general medical practice, \nconditional upon the candidate's holding one of the \ndiplomas, certificates or other evidence of. formal qualifi\u00ad\ncations referred to in Article 3. 4. Member States shall designate the authorities or \nbodies competent to issue the diplomas, certificates or \nother evidence of formal qualifications awarded after \nspecific training in general medical practice. Article 32 \n\nby 22 September 1986, \n\na Member State \nIf, \nwas providing \ntraining in general medical practice by \nmeans of expcriencc in general medical practice acquired \nby the medical practitioner in his own surgery under the \nsupervision of an authorized training supervisor, that \nMember State may retain this type of training on an \nexperimental basis on condition that : \n\n\u2014 it complies with Article31(l) (a) and (b), and Article31 \n\n(3), \n\n\u2014 its duration is equal to twice the difference between \nthe period laid down in Article 31(1) (I)) and the sum \nof the periods laid down in the third indent hereof, \n\n\u2014 it involves a period in an approved hospital or clinic \nwith suitable equipment and services and a period in \nan approved general medical practice or \nin an \napproved centre where doctors provide primary care ; \nas from 1 January 1995, each of these periods shall be \nof at least six months' duration. Article 33 \n\nOn the basis of experience acquired, and in the light of \ndevelopments in training in general medical practice, the \nCommission shall submit to tbe Council, by 1 January \n1996 at the latest, a report on the implementation of \nArticles'31 and'32 and suitable proposals in order to achieve \nfurther harmonization of the training of general medical \npractitioners. The Council shall act on these proposals in accordance \nwith-procedures laid down by the Treaty before 1 January \n1997. 86/457/EEC \n\nArticle 4 \n\n\f86/457/EEC \n\nArticle 5 \n\n86/457/EEC \n\nArticle 6 \n\n- 46 -\n\nArticle 34 \n\n1. Without prejudice to the principle of full-time \ntraining laid down in Article 31(1) (b). Member States may \nauthorize specific part-time training in general medical \npractice \nin addition to full-time training where the \nfollowing particular conditions arc met : \n\n\u2014 the total duration of training may not be shortened \nbecause it is being followed on a part-time basis, \n\n\u2014 the weekly duration of part-time training may not be \n\nless than 60 % of weekly full-time training, \n\n\u2014 part-time training must include a certain number of \nfor the training \nfull-time training periods, both \nconducted at a hospital or clinic and -for the training \ngiven in an approved medical practice or in an \napproved centre where doctors provide primary care. These full-time training periods shall be of sufficient \nnumber and duration as to provide adequate prepara\u00ad\ntion for the effective exercise of general medical \npractice. Part-time training must be of a level of quality \n2. equivalent to that of full-time training. It shall lead to a \ndiploma, certificate or other evidence of formal qualifica\u00ad\ntion, as referred. to in Article 30 \u00b7 \n\nArticle 3S \n\n1. Irrespective of any acquired rights they recognize. Member States may issue the diploma, certificate or other \nevidence of formal qualification referred to in Article30 to \na medical practitioner who has not completed the \ntraining referred to in Articles 31 and 32 but who holds a \ndiploma, certificate or other evidence of formal qualifica\u00ad\ntion issued by the competent authorities of a Member \nState, attesting to completion of another additonal \ntraining course; however, the Member States may issue \nsuch diploma, certificate or other evidence of formal \nqualification only if it attests to a level of skill equivalent \nto that reached on completion of the training referred to \nin Articles 31 and 32\u00b7 \n\n2. In adopting their rules in accordance with paragraph \n1, Member Sutes shall specify the extent to which the \nadditional training already completed by the candidate \ninto \nan'd his professional experience may be taken \naccount in place of the training referred to in Articles31 \nand 32. Member States may issue the diploma, certificate or other \nevidence of formal qualification referred to in Article 30 \nonly if the candidate has acquired at least six months' \nexperience in general medical practice in a general \nmedical practice or a centre where doctors provide \nprimary care, as referred to in Article 31(1) (c). 86/457/EEC \n\nArticle 7 \n\n- 47 -\n\nArticle 36 \n\n1. From 1 January 1995, and subject to the acquired \nrights it has recognized, each Member State shall make \nthe exercise of general medical practice under its national \nsocial security scheme conditional on possession of a \ndiploma, certificate or other evidence of formal qualifica\u00ad\ntion as referred to in Article 30 -\n\nHowever, Member States may exempt from this condition \npersons who are undergoing specific training in general \nmedical practice. Each Member State shall specify the acquired rights \n?. that it recognizes. However, it shall recognize the rijjht to \nexercise the activities of general medical practitioner under \nits national social security scheme without the diploma. formal qualification \ncertificate or other evidence of \nreferred to in Article 30 as having been acquired by all \nthose doctors who on 31 December 1994 possess such a \nright under Articles 1 to 20 \nand who are estab\u00ad\nlished on its territory on that date by virtue of Article 2 or \nArticle 9 (S). 3. Each Member State may apply paragraph 1 before 1 \nJanuary 5995, subject to the condition that any doctor \nwho has completed the training referred to in Article 23' \n\n\u00a1n another Member State shall be \nable to establish himself in practice on its territory unti! \n35 December 1994 and to practise under its national \nsocial security scheme by virtue of Article 2 or Article 9 \n(1). 4. The competent authorities of each Member State \nshall issue on request a certificate granting doctors posses\u00ad\nsing acquired rights by virtue of paragraph 2 the right to \npractise as general medicai practitioners under its national \nsocial security scheme without the diploma, certificate or \nother evidence of formal qualifications referred to in \nArticle 30. in paragraph 1 shall prejudice the possibility, \n\nis open \n\nto Member States, of granting, \n\n5- tothing \nwhich \nin \naccordance with their own rules and in respect of their \nown territory, the right to practise as general practitioners \nunder a social security scheme to persons who do not \npossess diplomas, certificates or other formal evidence of \nmedica! training and of specific training in genera! \nmedical practice obtained in both eases in a Member \nState, but who possess diplomas, certificates oc other \nevidence of either or both of these types of training \nobtained in a non-member country. - 48 -\n\nArticle 37 \n\nI. its \nEach Member State shall recognize under \nnational social security schemc, for the purposes of the \nexercise of the activities of general medical practitioner, \nthe diplomas, certificates, or other cvidcnce of formal \nqualifications referred to in Article 30,issued to nationals \nof \u2022Member States by other Member States in accordance \nwith Articles 31, 32, 34 and 35. Each Member State shall recognize the certificates \n2. referred to in Article 36(4) issued to nationals of Member \nStates by other Member States, and shall consider them as \nequivalent within its territory to the diplomas, certificates \nor other evidence of formal qualifications which it issues \nitself, and which permit the exercise of the activities of \ngeneral medical practitioner under its national social \nsecurity scheme. Article 38 \n\nNationals of Member States to whom a Member State has \nissued the diplomas, certificates or other evidence of \nformal qualifications referred to in Article 30 or Article 36 \n(4) shall have the right to use in the host Member State \nthe professional title existing \nin that State and the \nabbreviation thereof. Article 39 \n\n1. Without prejudice to Article 38, host Member States \nshall ensure that the nationals of Member States covered \nby Article 37 have the right to use the lawful academic \ntitle, or, where appropriate, the abbreviation thereof, of \ntheir Member State of origin or of the Member State from \nwhich they come, in the language of that Member State. Host Member States may require this title to be followed \nby the name and \nlocation of the establishment or \nexamining board which awarded it. If the academic title of the Member Slate of origin, \n2. or of the Member State from which a national comes, can \nbe confused in the host Member State with a title \nrequiring, in that State, additional training which the \nperson concerned has not undergone, the host Member \nState concerned may require such person to use the title \nof the Member State of origin or of the Member State \nfrom which he comes in a suitable form to be indicated \nby the host Member State. 86/457/EEC \n\nArticle 8 \n\n86/457/EEC \n\nArticle 9. 86/457/EEC \n\nArticle 10 \n\n\f- 49 -\n\nArticle 40 \n\nOn the basis o\u00ed experience acquired, and in the light of \ndevelopments in training in general medical practice, the \nCommission shall submit to the Council by 1 January \n1997 at the latest a report on the implementation of this \nTitle and, if necessary, suitable proposals with a view \nto appropriate training for every general medical practi\u00ad\ntioner in order to satisfy the specific requirements of \ngeneral medical practice. The Council shall act on those \nproposals in accordance with the procedures laid down in \nthe Treaty. 86/457/EEC \n\nArticle 11 \n\nArticle 41 \n\nAs soon as a Member State has notified the \nCommission of the date of entry into force of the \nmeasures it has taken in conformity with Article30, the \nCommission shall publish an appropriate notice in the \nOfficial Journal of the European Communities, indi\u00ad\ncating the designations adopted by that Member State for \nthe diploma, certificate or other evidence of formal quali\u00ad\nfications and, where appropriate, the professional title in \nquestion. 86/457/EEC \n\nArticle 12 par. 2 \n\n\f- 50 -\n\nTITLE V \n\nFINAL PROVISIONS \n\nArticle 42 \n\nand \n\nMember States shall designate the authorities and \nbodies competent to issue or receive the diplomas, \ncertificates \nformal \nof \nthe documents and \nqualifications as well as \ninformation referred to \nand shall \nforthwith inform the other Member States and the \nCommission thereof. in Title I \n\nevidence \n\nother \n\n75/362/EEC \n\nArticle 23 \n\nArticle 43 \n\nThis-\n- Directive applies to all nationals of a Member State with the \nintention to pnetiie, as self-employed or employed, the occupation of doctor \nin a host Member State. Article 44 \n\nWhere a Member State encounters major difficulties \nin certain fields, when applying this Directive, the \nCommission shall examine \nin \nconjunction with that State and shall request the \nopinion of the Committee of Senior Officials on \nPublic Health set up by Council Decision \nNo 75/365/EEC (1). these difficulties \n\nWhen necessary, \nappropriate proposals to the Council. the Commission shall submit \n\n75/362/EEC \nArticle 26 \n\nand \n\n75/363/EEC \nArticle 10 \n\n(1) OJ No L 167, 30. 6. 1975, p. 19. - 51 -\n\nArticle 45 \n\nThe Directives listed in Annex A are hereby repealed, \nwithout prejudice to the obligations of the Member States \nconcerning the deadlines for transposai set out in Annex B. References to the said Directives shall be construed as \nreferences to this Directive and should be read in \naccordance with the correlation table in Aimex C. Article 46 \n\nThis Directive is addressed to the Member States. Done at Brussels, \n\nFor the Goincil \nThe President \n\n\f- 52 -\n\nANNEX I \n\nCharacteristics of full-time and part-time training of specialists \nt\u00f8s referred to by Article 24 (1) (c) \n\nand Article 25) \n\n82/76/EEC \n\n1. Full-time training of specialists \n\nSuch training shall be carried out in specific posts recognized by the competent authority. It shall involve participation in all the medical activities of the department where the \ntraining is carried out, including on-call duties, so that the trainee specialist devotes to this \npractical and theoretical training all his professional activity throughout the duration of the \nstandard working week and throughout the year according to provisions agreed by the \ncompetent authorities. Accordingly these posts shall be subject to appropriate remuneration. Training may be interrupted for reasons such as military service, secondment, pregnancy or \nsickness. The total duration of the training shall not be reduced by reason of any \ninterruption. 2. Part-time training of specialists \n\nThis training shall meet the same requirements as full-time training, from which it shall \ndiffer only in the possibility of limiting participation in medical activities to a period at least \nhalf of that provided for in the second subparagraph of point 1. The competent authorities shall ensure that the total duration and quality of part-time \ntraining of specialists are not less than those of full-time trainees. Appropriate remuneration shall consequently be attached to such pan-time training. - 53 -\n\nANNEX II \n\nDates from which come Member Stales repealed the provisions laid down by law, regulation or administrative \naction concerning the award of the diplomas, cenificates and other evidence of formal qualifications referred to in \n\n89/594/EEC \n\nArtide 9 (6) \n\nBELGIUM \n\nThoracic surgery \nVascular surgery \nNeuro-psychiatry \n\n1 January 1983 \n1 January 1983 \n1 August 1987, \n\nGastroenterological surgery \n\n1 January 1983 \n\nDENMARK \n\nsave for persons having commenced training before that \ndate \n\nBiological haematology \nPhysiotherapy \n\n1 January 1983, \n\nsave for persons having commenced training before that date \nand who have completed it by the end of 1988 \n\nTropical medicine \n\n1 August 1987, \n\nsave for persons having commenced training before that \ndate \n\nFRANCE \n\nRadiology \nNeuropsychiatry \n\nLUXEMBOURG \n\nRadiology \nNeuropsychiatry \n\nNETHERLANDS \n\nRadiology \nNeuropsychiatry \n\n3 December 1971 \n31 December 1971 \n\n8 July 1984 \n9 July 1984 \n\nThe diplomas, cenificates and other evidence of formal \nqualifications are no longer awarded in respect of training \ncommenced after 5 March 1982 \n\n\f- 54 -\n\nANNEXA \n\nRepealed Directives \n(referred to in Article 45) \n\n- Directive 75/362/EEC \n\n- Directive 75/363/EEC \n\nand their successive amendments : \n\n- Directive 82/76/EEC \n\n- Directive 86/457/EEC \n\n- Directive 81/1057/EEC : only the references made by Article 1 to the \nprovisions of the repealed Directives \n75/362/EEC and 75/363/CEE. - Directive 89/594/EEC : only Articles 1 to 9. - Directive 90/658/EEC : only Article 1 points (1) and (2), and \nArt icle 2. - 55 -\n\nANNEX \u0392 \n\nDirect ive \n\nDeadline for implementation \n\n75/362/EEC (OJ No L 167, 30. 6. 1975, p. 1. ) \n81/1057/EEC (OJ No L 385, 31. 12. 1981, p. 25. ) \n75/363/EEC (OJ No L 167, 30. 6. 1975, p. 14. ) \n82/76/EEC \n(OJ No L 43, 15. 2. 1982, p. 21. ) \n89/594/EEC (OJ No L 341, 23. 11. 1989, p. 19. ) \n90/658/EEC (OJ No L 353, 17. 12. 1990, p. 73. ) \n86/475/EEC (OJ No L 267, 19. 9. 1986, p. 26. ) \n\n20 December 1976 \n30 June 1982 \n20 December 1976(*) \n31 December 1982 \n8 May 1991 \n1 July 1991 \n1 January 1995 \n\n(*)However, for the territory of the former German Democratic Republic, Germany \nshall take the measures necessary to comply with Articles 2 to 5 by the end of the \nunification period, on April 3 1992 (90/658/EEC, Article 2). ANNEX \n\nC \n\nCORRELATION TABLE \n\nThis \ndirect ive \n\nDI reet i ve \n75/362/EEC \n\nDirective \n75/363/EEC \n\nDirective \n86/475/EEC \n\nArticle 1 \nArtIcle 2 \nArt icle 3 \nArticle 4 \nArt icle 5 \nArtIcle 6 \nArt icle 7 \nArt le le 8 \nArticle 9 (1) \nArticle 9 (2) \nArticle 9 (3) \nArticle 9 (4) \nArt icle 9 (5) \nArticle 9 (6) \nArticle 10 \nArticle 11 \nArticle 12 \nArticle 13 \nArticle 14 \nArticle 15 \nArt icle 16 \nArticle 17 \nArticle 18 \nArticle 19 \nArticle 20 \nArticle 21 \nArticle 22 \nArticle 23 \nArt icle 24 \n\nArticle 1 \nArticle 2 \nArticle 3 \nArticle 4 \nArticle 5 \nArt icle 6 \nArt icle 7 \nArtIcle 8 \nArt icle 9 (1 and 2) \nArticle 9 a (1) \nArticle 9 a (2) \nArticle 9 (3) \n\u2014 \n\u2014 \nArt icle 10 \nArt icle 11 \nArticle 12 \nArticle 13 \nArticle 14 \nArticle 15 \nArt icle 15 a \nArticle 16 \nArticle 17 \nArticle 18 \nArticle 20 \nArt icle 21 \nArticle 22 \n\nArticle 1 \nArtIcle 2 \n\n\fThis \ndirective \n\nDi reetive \n75/362/EEC \n\nDirective \n75/363/EEC \n\nDirect ive \n86/475/EEC \n\nArticle 25 (1) \nArticle 25 (2) \nArt. 25 (3) 1st subpar. Art. 25 (3) 2nd subpar. Art icle 26 \nArticle 27 \nArtIcle 28 \nArticle 29 \nArticle 30 \nArticle 31 \nArt icle 32 \nArticle 33 \nArticle 34 \nArt icle 35 \nArticle 36 \nArt icle 37 \nArticle 38 \nArt icle 39 \nArticle 40 \nArticle 41 \nArt icle 42 \nArticle 43 \nArt icle 44 \nArt icle 45 \nArticle 46 \nAnnex I \nAnnex 11 \n\nArticle 23 \nArticle 24 \nArticle 26 \n\u2014 \nArticle 27 \nAnnex \n\u2014\u2014 \n\nArticle 3 (1) \nArticle 3 (2) \nArt. 3 (3) 1st subparagraph \n\u2014\u2014 \nArticle 4 \nArt icle 5 \nArt icle 7 \nArtIcle 8 \n\n\\ \n\nArticle 1 \nArticle 2 \nArticle 3 \nArticle 4 \nArtIcle 5 \nArt icle 6 \nArt icle 7 \nArticle 8 \nArt icle 9 \nArticle 10 \nArticle 11 \nArticle 12 (2)"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0cd7ffcc-cdea-49f3-a6b6-619cf3b24122", "title": "92/38/EEC: Commission Decision of 12 December 1991 approving the programme of measures submitted by the Irish Government in 1991 on special support for the development of agricultural statistics in Ireland (Only the English text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-12", "subjects": "Ireland,action programme,agricultural statistics", "workIds": "celex:31992D0038,oj:JOL_1992_015_R_0028_032", "eurovoc_concepts": ["Ireland", "action programme", "agricultural statistics"], "url": "http://publications.europa.eu/resource/cellar/0cd7ffcc-cdea-49f3-a6b6-619cf3b24122", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c00b120a-62d9-46c8-9264-e750329aa9be", "title": "91/690/EEC: Council Decision of 12 December 1991 concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer as adopted in June 1990 in London by the Parties to the Protocol", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-12", "subjects": "halogen,international convention,ozone,pollution control measures,protocol to an agreement,quality of the environment", "workIds": "celex:31991D0690", "eurovoc_concepts": ["halogen", "international convention", "ozone", "pollution control measures", "protocol to an agreement", "quality of the environment"], "url": "http://publications.europa.eu/resource/cellar/c00b120a-62d9-46c8-9264-e750329aa9be", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1991377EN. 01002801. xml\n\n\n\n\n\n\n\n\n\n\n31. 12. 1991\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 377/28\n\n\n\n\n\nCOUNCIL DECISION\nof 12 December 1991\nconcerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer as adopted in June 1990 in London by the Parties to the Protocol\n(91/690/EEC)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,\nHaving regard to the proposal from the Commission\u00a0(1),\nHaving regard to the opinion of the European Parliament\u00a0(2),\nHaving regard to the opinion of the Economic and Social Committee\u00a0(3),\nWhereas it has been established that continued emissions of ozone-depleting substances at current levels cause significant damage to the ozone layer; whereas there is an international consensus that significant reductions in both production and consumption of such substances are necessary; whereas Decisions 80/372/EEC\u00a0(4) and 82/795/EEC\u00a0(5) provide controls which are of limited effect and which cover only two such substances (CFC 11 and CFC 12);\nWhereas the Community together with all of its Member States have signed the Vienna Convention for the protection of the ozone layer, hereinafter referred as the \u2018Vienna Convention\u2019;\nWhereas a Protocol supplementary to the Vienna Convention, the Montreal Protocol on substances that deplete the ozone layer, hereinafter referred to as the \u2018Montreal Protocol\u2019, was negotiated and adopted on 16 September 1987; whereas the Protocol has been signed by the Community and by all of its Member States;\nWhereas the Community, in view of its responsibilities for the environment and trade, has approved, by Decision 88/540/EEC\u00a0(6), the Vienna Convention and the Montreal Protocol;\nWhereas the most recent scientific evidence indicates that for the adequate protection of the ozone layer a higher degree of control of chlorofluorocarbons and halons is required than that provided by the Montreal Protocol; whereas the same evidence indicates that additional controls should be placed on all other fully halogenated chlorofluorocarbons, carbon tetrachloride and 1,1,1-trichloroethane;\nWhereas an amendment and an adjustment to the Montreal Protocol implementing these controls were adopted in London in June 1990 and only the amendment needs to be approved;\nWhereas it is necessary for the protection, promotion and improvement of the environment to bring into force the amendment to the Montreal Protocol, which is based on the principle of preventive action to avoid further damage to the ozone layer and on the scientific and technical data which were available at the time of its adoption;\nWhereas, to that end, the Community should approve the said amendment;\nWhereas it is, in particular, necessary for the Community to approve the amendment to the Montreal Protocol because some of its provisions can be carried out only if the Community and all its Member States approve it;\nWhereas, in order for all the obligations under the amendment to be appropriately carried out, it is necessary that all Member States should approve it;\nWhereas all Member States should conclude as rapidly as possible their procedures for ratification of the said amendment, with a view to permit the deposit, as far as possible simultaneously, of the instruments of approval, acceptance or ratification by the Community and the Member States,\nHAS ADOPTED THIS DECISION:\n\nArticle 1\n\nThe amendment to the Montreal Protocol on substances that deplete the ozone layer is hereby approved on behalf of the Community. The text of the amendment is attached to this Decision. The original Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic. Article 2\nThe President of the Council shall deposit the act of approval of the amendment to the Montreal Protocol on behalf of the Community with the Secretary-General of the United Nations in accordance with Article 13 of the Vienna Convention, as read in conjunction with Article 2 of the amendment to the Montreal Protocol. Article 3\nMember States shall take the necessary steps to permit the deposit, as far as possible simultaneously, before 31 December 1991 of the instruments of ratification, acceptance or approval of the amendment to the Montreal Protocol by the Community and the Member States. Member States will inform the Commission, if possible before 15 December 1991, of their decision to ratify or of the prospective date of finalization of their ratification procedures. The Commission, in cooperation with Member States, shall arrange for the Community and those Member States which are ready, a date for the simultaneous deposit of the instruments which shall if possible be before 31 December 1991. Article 4\nThis Decision is addressed to the Member States. Done at Brussels, 12 December 1991. For the Council\n\n\nThe President\n\nJ. G. M. ALDERS\n\n\n\n\n(1)\u00a0\u00a0OJ No C 11, 17. 1. 1991, p. 19. (2)\u00a0\u00a0OJ No C 280, 28. 10. 1991, p. 29. (3)\u00a0\u00a0OJ No C 120, 6. 5. 1991, p. 14. (4)\u00a0\u00a0OJ No L 90, 3. 4. 1980, p. 45. (5)\u00a0\u00a0OJ No L 329, 25. 11. 1982, p. 29. (6)\u00a0\u00a0OJ No L 297, 31. 10. 1988, p. 8. AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER\n\nArticle 1: AMENDMENT\nA. Preambular paragraphs\n\n\n\n\n\n\n\n\n\n1. The sixth preambular paragraph of the Protocol shall be replaced by the following:\n\u2018DETERMINED to protect the ozone layer by taking precautionary measures to control equitably total global emissions of substances that deplete it, with the ultimate objective of their elimination on the basis of developments in scientific knowledge, taking into account technical and economic considerations and bearing in mind the developmental needs of developing countries,\u2019. 2. The seventh paragraph of the Protocol shall be replaced by the following:\n\u2018ACKNOWLEDGING that special provision is required to meet the needs of developing countries, including the provision of additional financial resources and access to relevant technologies, bearing in mind that the magnitude of funds necessary is predictable, and the funds can be expected to make a substantial difference in the world's ability to address the scientifically established problem of ozone depletion and its harmful effects,\u2019. 3. The ninth preambular paragraph of the Protocol shall be replaced by the following:\n\u2018CONSIDERING the importance of promoting international cooperation in the research, development and transfer of alternative technologies relating to the control and reduction of emissions of substances that deplete the ozone layer, bearing in mind in particular the needs of developing countries,\u2019. B. Article 1: Definitions\n\n\n\n\n\n\n\n\n\n1. Paragraph 4 of Article 1 of the Protocol shall be replaced by the following paragraph:\n\u20184. \u2018Controlled substance\u2019 means a substance in Annex A or in Annex B to this Protocol, whether existing alone or in a mixture. It includes the isomers of any such substance, except as specified in the relevant Annex, but excludes any controlled substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance. \u2019\n\n\n\n\n\n\n\n\n\n\n\n\n2. Paragraph 5 of Article 1 of the Protocol shall be replaced by the following paragraph:\n\u20185. \u2018Production\u2019 means the amount of controlled substance produced, minus the amount destroyed by technologies to be approved by the Parties and minus the amount entirely used as feedstock in the manufacture of other chemicals. The amount recycled and reused is not to be considered as \u2018production\u2019. \u2019\n\n\n\n\n\n\n\n\n\n\n\n\n3. The following paragraph shall be added to Article 1 of the Protocol:\n\u20189. \u2018Transitional substance\u2019 means a substance in Annex C to this Protocol, whether existing alone or in a mixture. It includes the isomers of any such substance, except as may be specified in Annex C, but excludes any transitional substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance. \u2019\n\n\n\n\nC. Article 2, paragraph 5\n\nParagraph 5 of Article 2 of the Protocol shall be replaced by the following paragraph:\n\n\u20185. Any Party may, for any one or more control periods, transfer to another Party any portion of its calculated level of production set out in Articles 2 A to 2 E, provided that the total combined calculated levels of production of the Parties concerned for any group of controlled substances do not exceed the production limits set out in those Articles for that group. Such transfer of production shall be notified to the secretariat by each of the Parties concerned, stating the terms of such transfer and the period for which it is to apply. \u2019\n\nD. Article 2, paragraph 6\n\nThe following words shall be inserted in paragraph 6 of Article 2 before the words \u2018controlled substances\u2019 the first time they occur:\n\n\u2018Annex A or Annex B\u2019\n\nE. Article 2, paragraph 8 (a)\n\nThe following words shall be added after the words \u2018this Article\u2019 wherever they appear in paragraph 8 (a) of Article 2 of the Protocol:\n\n\u2018and Articles 2 A to 2 E\u2019\n\nF. Article 2, paragraph 9 (a) (i)\n\nThe following words shall be added after \u2018Annex A\u2019 in paragraph 9 (a) (i) of Article 2 of the Protocol:\n\n\u2018and/or Annex B\u2019. G. Article 2, paragraph 9 (a) (ii)\n\nThe following words shall be deleted from paragraph 9 (a) (ii) of Article 2 of the Protocol:\n\n\u2018from 1986 levels\u2019. H. Article 2, paragraph 9 (c)\n\nThe following words shall be deleted from paragraph 9 (c) of Article 2 of the Protocol:\n\n\u2018representing at least 50 % of the total consumption of the controlled substances of the Parties\u2019;\n\nand replaced by:\n\n\u2018representing a majority of the Parties operating under paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and voting\u2019. I. Article 2, paragraph 10 (b)\n\nParagraph 10 (b) of Article 2 of the Protocol shall be deleted, and paragraph 10 (a) of Article 2 shall become paragraph 10. J. Article 2, paragraph 11\n\nThe following words shall be added after the words \u2018this Article\u2019 wherever they occur in paragraph 11 of Article 2 of the Protocol:\n\n\u2018and Articles 2 A to 2 E\u2019. K. Article 2 C: Other fully halogenated CFCs\n\nThe following paragraphs shall be added to the Protocol as Article 2 C:\n\n\u2018Article 2 C\nOther fully halogenated CFCs\n1. Each Party shall ensure that for the 12-month period commencing on 1 January 1993, and in each 12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed, annually, 80 % of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 80 % of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 2. Each Party shall ensure that for the 12-month period commencing on 1 January 1997, and in each 12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed, annually, 15 % of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 15 % of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 3. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 15 % of its calculated level of production in 1989. \u2019\n\nL. Article 2 D: Carbon tetrachloride\n\nThe following paragraphs shall be added to the Protocol as Article 2 D:\n\n\u2018Article 2 D\nCarbon tetrachloride\n1. Each Party shall ensure that for the 12-month period commencing on 1 January 1995, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group II of Annex B does not exceed, annually 15 % of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually 15 % of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 2. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group II of Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 15 % of its calculated level of production in 1989. \u2019\n\nM. Article 2 E: 1,1,1-trichlorethane (methyl chloroform)\n\nThe following paragraphs shall be added to the Protocol as Article 2 E:\n\n\u2018Article 2 E\n1,1,1-trichlorethane (methyl chloroform)\n1. Each Party shall ensure that for the 12-month period commencing on 1 January 1993, and in each 12-month period thereafter, its calculated level of consumption of the controlled substances in Group III of Annex B does not exceed, annually its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 2. Each Party shall ensure that for the 12-month period commencing on 1 January 1995, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually 70 % of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, 70 % of its calculated level of consumption in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 3. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually, 30 % of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, 30 % of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 1989. 4. Each Party shall ensure that for the 12-month period commencing on 1 January 2005, and in each 12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to 15 % of its calculated level of production in 1989. 5. The Parties shall review, in 1992, the feasibility of a more rapid schedule of reductions than that set out in this Article. \u2019\n\nN. Article 3: Calculation of control levels\n\n\n\n\n\n\n\n\n\n1. The following shall be added after \u2018Article 2\u2019 in Article 3 of the Protocol:\n\u20182 A to 2 E\u2019. 2. The following words shall be added after \u2018Annex A\u2019 each time it appears in Article 3 of the Protocol:\n\u2018or Annex B\u2019. O. Article 4: Control of trade with non-Parties\n\n\n\n\n\n\n\n\n\n1. Paragraphs 1 to 5 of Article 4 shall be replaced by the following paragraphs:\n\u20181. As of 1 January 1990, each Party shall ban the import of the controlled substances in Annex A from any State not party to this Protocol. 1 (a). Within one year of the date of the entry into force of this paragraph, each Party shall ban the import of the controlled substances in Annex B from any State not party to this Protocol. 2. As of 1 January 1993, each Party shall ban the export of any controlled substances in Annex A to any State not party to this Protocol. 2 (a). Commencing one year after the date of entry into force of this paragraph, each Party shall ban the export of any controlled substances in Annex B to any State not party to this Protocol. 3. By 1 January 1992, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of products containing controlled substances in Annex A. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol. 3 (a). Within three years of the date of the entry into force of this paragraph, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of products containing controlled substances in Annex B. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol. 4. By 1 January 1994, the Parties shall determine the feasibility of banning or restricting, from States not party to this Protocol, the import of products produced with, but not containing, controlled substances in Annex A. If determined feasible, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of such products. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol. 4 (a). Within five years of the date of the entry into force of this paragraph, the Parties shall determine the feasibility of banning or restricting, from States not party to this Protocol, the import of products produced with, but not containing, controlled substances in Annex B. If determined feasible, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of such products. Parties that have not objected to the annex in accordance with those procedures shall ban or restrict, within one year of the annex having become effective, the import of those products from any State not party to this Protocol. 5. Each Party undertakes to the fullest practicable extent to discourage the export to any State not party to this Protocol of technology for producing and for utilizing controlled substances. \u2019\n\n\n\n\n\n\n\n\n\n\n\n\n2. Paragraph 8 of Article 4 of the Protocol shall be replaced by the following paragraph:\n\u20188. Notwithstanding the provisions of this Article, imports referred to in paragraph 1, 1 (a), 3, 3 (a), 4 and 4 (a) and exports referred to in paragraph 2 and 2 bis, may be permitted from, or to, any State not party to this Protocol, if that State is determined by a meeting of the Parties to be in full compliance with Article 2, Articles 2 A, 2 E, and this Article and have submitted data to that effect as specified in Article 7. \u2019\n\n\n\n\n\n\n\n\n\n\n\n\n3. The following paragraph shall be added to Article 4 of the Protocol as paragraph 9:\n\u20189. For the purposes of this Article, the term \u201cState not party to this Protocol\u201d shall include, with respect to a particular controlled substance, a State or regional economic integration organization that has not agreed to be bound by the control measures in effect for that substance. \u2019\n\n\n\n\nP. Article 5: Special situation of developing countries\n\nArticle 5 of the Protocol shall be replaced by the following:\n\n\u20181. Any Party that is a developing country and whose annual calculated level of consumption of the controlled substances in Annex A is less than 0,3 kilograms per capita on the date of the entry into force of the Protocol for it, or any time thereafter until 1 January 1999, shall in order to meet its basic domestic needs, be entitled to delay for 10 years its compliance with the control measures set out in Articles 2 A to 2 E. 2. However, any Party operating under paragraph 1 of this Article shall exceed neither an annual calculated level of consumption of the controlled substances in Annex A of 0,3 kilograms per capita nor an annual calculated level of consumption of the controlled substances of Annex B of 0,2 kilograms per capita. 3. When implementing the control measures set out in Articles 2 A to 2 E, any Party operating under paragraph 1 of this Article shall be entitled to use:\n\n\n\n\n\n\n(a)\n\n\nfor controlled substances under Annex A, either the average of its annual calculated level of consumption for the period 1995 to 1997 inclusive or a calculated level of consumption of 0,3 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfor controlled substances under Annex B, the average of its annual calculated level of consumption for the period 1998 to 2000 inclusive or a calculated level of consumption of 0,2 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures. 4. If a Party operating under paragraph 1 of this Article, at any time before the control measures obligations in Article 2 A to 2 E become applicable to it, finds itself unable to obtain an adequate supply of controlled substances, it may notify this to the Secretariat. The Secretariat shall forthwith transmit a copy of such notification to the Parties, which shall consider the matter at their next meeting, and decide upon appropriate action to be taken. 5. Developing the capacity to fulfil the obligations of the Parties operating under paragraph 1 of this Article to comply with the control measures set out in Articles 2 A to 2 E and their implementation by those same Parties will depend upon the effective implementation of the financial cooperation as provided by Article 10 and transfer of technology as provided by Article 10 A. 6. Any Party operating under paragraph 1 of this Article may, at any time, notify the Secretariat in writing that, having taken all practicable steps it is unable to implement any or all of the obligations laid down in Articles 2 A to 2 E due to the inadequate implementation of Articles 10 and 10 A. The Secretariat shall forthwith transmit a copy of the notification to the Parties, which shall consider the matter at their next meeting, giving due recognition to paragraph 5 of this Article and shall decide upon appropriate action to be taken. 7. During the period between notification and the meeting of the Parties at which the appropriate action referred to in paragraph 6 above is to be decided, or for a further period if the meeting of the Parties so decides, the non-compliance procedures referred to in Article 8 shall not be invoked against the notifying Party. 8. A meeting of the Parties shall review, not later than 1995, the situation of the Parties operating under paragraph 1 of this Article, including the effective implementation of financial cooperation and transfer of technology to them, and adopt such revisions that may be deemed necessary regarding the schedule of control measures applicable to those Parties. 9. Decisions of the Parties referred to in paragraphs 4, 6 and 7 of this Article shall be taken accordning to the same procedure applied to decision-making under Article 10. \u2019\n\nQ. Article 6: Assessment and review of control measures\nThe following words shall be added after \u2018Article 2\u2019 in Article 6 of the Protocol:\n\n\u2018Articles 2 A to 2 E, and the situation regarding production, imports and exports of the transitional substances in Group I of Annex C\u2019\n\nR. Article 7: Reporting of data\n\nArticle 7 of the Protocol shall be replaced by the following:\n\n\u20181. Each Party shall provide to the Secretariat, within three months of becoming a Party, statistical data on its production, imports and exports of each of the controlled substances in Annex A for the year 1986, or the best possible estimates of such data where actual data are not available. 2. Each Party shall provide to the Secretariat statistical data on its production, imports and exports of each of the controlled substances in Annex B and each of the transitional substances in Group I of Annex C, for the year 1989, or the best possible estimates of such data where actual data are not available, not later than three months after the data when the provisions set out in the Protocol with regard to the substances in Annex B enter into force for that Party. 3. Each Party shall provide statistical data to the Secretariat on its annual production (as defined in paragraph 5 of Article 1), and separately:\n\n\n\n\n\n\n\u2014\n\n\namounts used for feedstocks,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\namounts destroyed by technologies approved by the Parties,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nimports and exports to Parties and non-Parties respectively,\n\n\n\n\nof each of the controlled substances listed in Annexes A and B as well as of the transitional substances in Group I of Annex C, for the year during which provisions concerning the substances in Annex B entered into force for that Party and for each year thereafter. Data shall be forwarded not later than nine months after the end of the year to which the data relate. 4. For Parties operating under the provisions of paragraph 8 (a) of Article 2, the requirements in paragraph 1, 2 and 3 of this Article in respect of statistical data on imports and exports shall be satisfied if the regional economic integration organization concerned provides data on imports and exports between the organization and States that are not members of that organization. \u2019. S. Article 9: Research, development, public awareness and exchange of information\n\nParagraph 1 (a) of Article 9 of the Protocol shall be replaced by the following:\n\n\n\n\n\n\n\u2018(a)\n\n\nBest technologies for improving the containment, recovery, recycling, or destruction of controlled and transitional substances or otherwise reducing their emissions;\u2019. T. Article 10: Financial mechanism\n\nArticle 10 of the Protocol shall be replaced by the following:\n\n\u2018Article 10\nFinancial Mechanism\n1. The Parties shall establish a mechanism for the purposes of providing financial and technical cooperation, including the transfer of technologies, to Parties operating under paragraph 1 of Article 5 of this Protocol to enable their compliance with the control measures set out in Articles 2 A to 2 E of the Protocol. The mechanism, contributions to which shall be additional to other financial transfers to Parties operating under that paragraph, shall meet all agreed incremental costs of such Parties in order to enable their compliance with the control measures of the Protocol. An indicative list of the categories of incremental costs shall be decided by the meeting of the Parties. 2. The mechanism established under paragraph 1 shall include a multilateral fund. It may also include other means of multilateral, regional and bilateral cooperation. 3. The multilateral fund shall:\n\n\n\n\n\n\n(a)\n\n\nmeet, on a grant or concessional basis as appropriate, and according to criteria to be decided upon by the Parties, the agreed incremental costs;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nfinance clearing-house functions to:\n\n\n\n\n\n\n(i)\n\n\nassist Parties operating under paragraph 1 of Article 5, through country-specific studies and other technical cooperation, to identify their needs for cooperation,\n\n\n\n\n\n\n\n\n\n\n(ii)\n\n\nfacilitate technical cooperation to meet these identified needs,\n\n\n\n\n\n\n\n\n\n\n(iii)\n\n\ndistribute, as provided for in Article 9, information and relevant materials, and hold workshops, training sessions, and other related activities, for the benefit of Parties that are developing countries, and\n\n\n\n\n\n\n\n\n\n\n(iv)\n\n\nfacilitate and monitor other multilateral, regional and bilateral cooperation available to Parties that are developing countries;\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nfinance the secretarial services of the multilateral fund and related support costs. 4. The multilateral fund shall operate under the authority of the Parties who shall decide on its overall policies. 5. The Parties shall establish an Executive Committee to develop and monitor the implementation of specific operational policies, guidelines and administratives arrangements, including the disbursement of resources, for the purpose of achieving the objectives of the multilateral fund. The Executive Committee shall discharge its tasks and responsibilities, specified in its terms of reference as agreed by the Parties, with the cooperation and assistance of the International Bank for Reconstruction and Development (World Bank), the United Nations Environment Programme, the United Nations Development Programme or other appropriate agencies depending on their respective areas of expertise. The members of the Executive Committee, which shall be selected on the basis of a balanced representation of the Parties operating under paragraph 1 of Article 5 and of the Parties not so operating, shall be endorsed by the Parties. 6. The multilateral fund shall be financed by contributions from Parties not operating under paragraph 1 of Article 5 in convertible currency or, in certain circumstances, in kind and /or in national currency, on the basis of the United Nations scale of assessments. Contributions by other Parties shall be encouraged. Bilateral and, in particular cases agreed by a decision of the Parties, regional cooperation may, up to a percentage and consistent with any criteria to be specified by decision of the Parties, be considered as a contribution to the multilateral fund, provided that such cooperation, as a minimum:\n\n\n\n\n\n\n(a)\n\n\nstrictly relates to compliance with the provisions of this Protocol;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nprovides additional resources; and\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nmeets agreed incremental costs. 7. The Parties shall decide upon the programme budget of the multilateral fund for each fiscal period and upon the percentage of contributions of the individual Parties thereto. 8. Resources under the multilateral fund shall be disbursed with the concurrence of the beneficiary Party. 9. Decisions by the Parties under this Article shall be taken by consensus whenever possible. If all efforts at consensus have been exhausted and no agreement reached, decisions shall be adopted by a two-thirds majority vote of the Parties present and voting, representing a majority of the Parties operating under paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and voting. 10. The financial mechanism set out in this Article is without prejudice to any future arrangements that may be developed with respect to other environmental issues. \u2019\n\nU. Article 10 A: Transfer of technology\n\nThe following Article shall be added to the Protocol as Article 10 A:\n\n\u2018Article 10 A:\nTransfer of technology\nEach Party shall take every practicable step, consistent with the programmes supported by the financial mechanism, to ensure:\n\n\n\n\n\n\n(a)\n\n\nthat the best available, environmentally safe substitutes and related technologies are expeditiously transferred to Parties operating under paragraph 1 of Article 5; and\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthat the transfers referred to in subparagraph (a) occur under fair and most favourable conditions. \u2019\n\n\n\n\n\nV. Article 11: Meetings of the Parties\n\nParagraph 4 (g) of Article 11 of the Protocol shall be replaced by the following:\n\n\n\n\n\n\n\u2018(g)\n\n\nassess, in accordance with Article 6, the control measures and the situation regarding transitional substances;\u2019. W. Article 17: Parties joining after entry into force\n\nThe following words shall be added after \u2018as well as under\u2019 in Article 17:\n\n\u2018Articles 2 A to 2 E, and\u2019. X. Article 19: Withdrawal\n\nArticle 19 of the Protocol shall be replaced by the following paragraph:\n\n\u2018Any Party may withdraw from this Protocol by giving written notification to the depositary at any time after four years of assuming the obligations specified in paragraph 1 of Article 2 A. Any such withdrawal shall take effect upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may be specified in the notifications of the withdrawal. \u2019\n\nY. Annexes\n\nThe following annexes shall be added to the Protocol:\n\n\n\u2018Annex B\nCONTROLLED SUBSTANCES\n\n\n\n\n\n\n\nGroup\n\n\nSubstance\n\n\nOzone-depleting potential\n\n\n\n\n\nGroup I\n\n\n\n\u00a0\n\n\n\u00a0\n\n\n\n\nCF3Cl\n\n\n(CFC-13)\n\n\n1,0\n\n\n\n\nC2FCl5\n\n\n\n(CFC-111)\n\n\n1,0\n\n\n\n\nC2F2Cl4\n\n\n\n(CFC-112)\n\n\n1,0\n\n\n\n\nC3FCl7\n\n\n\n(CFC-211)\n\n\n1,0\n\n\n\n\nC3F2Cl6\n\n\n\n(CFC-212)\n\n\n1,0\n\n\n\n\nC3F3Cl5\n\n\n\n(CFC-213)\n\n\n1,0\n\n\n\n\nC3F4Cl4\n\n\n\n(CFC-214\n\n\n1,0\n\n\n\n\nC3F5Cl3\n\n\n\n(CFC-215)\n\n\n1,0\n\n\n\n\nC3F6Cl2\n\n\n\n(CFC-216)\n\n\n1,0\n\n\n\n\nC3F7Cl\n\n\n(CFC-217)\n\n\n1,0\n\n\n\n\n\nGroup II\n\n\n\n\u00a0\n\n\n\u00a0\n\n\n\n\nCCl4\n\n\n\nCarbon tetrachloride\n\n\n1,1\n\n\n\n\n\nGroup III\n\n\n\n\u00a0\n\n\n\u00a0\n\n\n\n\nC2H3Cl3\n\u00a0(1)\n\n\n\n1,1,1-trichloroethane (methyl chloroform)\n\n\n0,1\n\n\n\n\n\n\nAnnex C\nTRANSITIONAL SUBSTANCES\n\n\n\n\n\n\nGroup\n\n\nSubstance\n\n\n\n\n\nGroup I\n\n\n\n\u00a0\n\n\n\n\nCHFCl2\n\n\n\n(HCFC-21)\n\n\n\n\nCHF2Cl\n\n\n(HCFC-22)\n\n\n\n\nCH2FCl\n\n\n(HCFC-31)\n\n\n\n\nC2HFCl4\n\n\n\n(HCFC-121)\n\n\n\n\nC2HF2Cl3\n\n\n\n(HCFC-122)\n\n\n\n\nC2HF3Cl2\n\n\n\n(HCFC-123)\n\n\n\n\nC2HF4Cl\n\n\n(HCFC-124)\n\n\n\n\nC2H2FCl3\n\n\n\n(HCFC-131)\n\n\n\n\nC2H2F2Cl2\n\n\n\n(HCFC-132)\n\n\n\n\nC2H2F3Cl\n\n\n(HCFC-133)\n\n\n\n\nC2H3FCl2\n\n\n\n(HCFC-141)\n\n\n\n\nC2H3F2Cl\n\n\n(HCFC-142)\n\n\n\n\nC2H4FCl\n\n\n(HCFC-151)\n\n\n\n\nC3HFCl6\n\n\n\n(HCFC-221)\n\n\n\n\nC3HF2Cl5\n\n\n\n(HCFC-222)\n\n\n\n\nC3HF3Cl4\n\n\n\n(HCFC-223)\n\n\n\n\nC3HF4Cl3\n\n\n\n(HCFC-224)\n\n\n\n\nC3HF5Cl2\n\n\n\n(HCFC-225)\n\n\n\n\nC3HF6Cl\n\n\n(HCFC-226)\n\n\n\n\nC3H2FCl5\n\n\n\n(HCFC-231)\n\n\n\n\nC3H2F2Cl4\n\n\n\n(HCFC-232)\n\n\n\n\nC3H2F3Cl3\n\n\n\n(HCFC-233)\n\n\n\n\nC3H2F4Cl2\n\n\n\n(HCFC-234)\n\n\n\n\nC3H2F5Cl\n\n\n\n(HCFC-235)\n\n\n\n\nC3H3FCl4\n\n\n\n(HCFC-241)\n\n\n\n\nC3H3F2Cl3\n\n\n\n(HCFC-242)\n\n\n\n\nC3H3F3Cl2\n\n\n\n(HCFC-243)\n\n\n\n\nC3H3F4Cl\n\n\n(HCFC-244)\n\n\n\n\nC3H4FCl3\n\n\n\n(HCFC-251)\n\n\n\n\nC3H4F2Cl2\n\n\n\n(HCFC-252)\n\n\n\n\nC3H4F3Cl\n\n\n(HCFC-253)\n\n\n\n\nC3H5FCl2\n\n\n\n(HCFC-261)\n\n\n\n\nC3H5F2Cl\n\n\n(HCFC-262)\n\n\n\n\nC3H6FCl\n\n\n(HCFC-271). Article 2: ENTRY INTO FORCE\n\n\n\n\n\n\n\n\n1. This amendment shall enter into force on 1 January 1992, provided that at least 20 instruments of ratification, acceptance or approval of the amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on substances that deplete the ozone layer. In the event that this condition has not been fulfilled by that date, the amendment shall enter into force on the 90th day following the data on which it has been fulfilled. 2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. 3. After the entry into force to this amendment as provided under paragraph 1, it shall enter into force for any other Party to the Protocol on the 90th day following the date of deposit of its instrument of ratification, acceptance or approval. (1)\u00a0\u00a0This formula does not refer to 1,2,2-trichloroethane"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/37ea1bc8-4c4a-4234-a48c-eee41dfc1427", "title": "Council Regulation (EEC) No 3766/91 of 12 December 1991 establishing a support system for producers of soya beans, rape seed and colza seed and sunflower seed", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-12", "subjects": "EU aid,area of holding,regional aid,soya bean,sunflower", "workIds": "celex:31991R3766,oj:JOL_1991_356_R_0017_038", "eurovoc_concepts": ["EU aid", "area of holding", "regional aid", "soya bean", "sunflower"], "url": "http://publications.europa.eu/resource/cellar/37ea1bc8-4c4a-4234-a48c-eee41dfc1427", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/da80ebd5-923b-4187-88f0-7fd0654962af", "title": "De Nye V\u00e5bensystemers Terminologi.,Terminologia dei nuovi sistemi d'armi.,Terminologie der neuen Waffensysteme.,Terminologie des nouveaux syst\u00e8mes d'armes.,Terminologie van de nieuwe wapensystemen.,Terminology of new weapons systems.,\u039f\u03c1\u03bf\u03bb\u03bf\u03b3\u03af\u03b1 \u03c4\u03c9\u03bd \u03bd\u03ad\u03c9\u03bd \u03bf\u03c0\u03bb\u03b9\u03ba\u03ce\u03bd \u03c3\u03c5\u03c3\u03c4\u03b7\u03bc\u03ac\u03c4\u03c9\u03bd.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament", "date": "1991-12-12", "subjects": "arms industry,arms supply,terminology", "workIds": "PUB_AX8596808", "eurovoc_concepts": ["arms industry", "arms supply", "terminology"], "url": "http://publications.europa.eu/resource/cellar/da80ebd5-923b-4187-88f0-7fd0654962af", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/56fe57a4-1246-4f93-9d7b-30f06a9c52cd", "title": "91/686/EEC: Council Decision of 11 December 1991 amending Directive 80/1095/EEC and Decision 80/1095/EEC and Decision 80/1096/EEC as regards certain measures relating to classical swine\u00adfever", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "animal plague,health control,supplementary financing,swine", "workIds": "celex:31991D0686,oj:JOL_1991_377_R_0015_011", "eurovoc_concepts": ["animal plague", "health control", "supplementary financing", "swine"], "url": "http://publications.europa.eu/resource/cellar/56fe57a4-1246-4f93-9d7b-30f06a9c52cd", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a5817fb2-d3bb-46d0-a616-194597308ed4", "title": "Commission Regulation (EC) No 2624/1999 of 10 December 1999 on imports of rice originating in the overseas countries and territories (OCTs) under an additional tranche in respect of 1999", "langIdentifier": "ENG", "mtypes": "html,pdf,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-11", "subjects": "import,originating product,overseas countries and territories,rice", "workIds": "celex:31999R2624,oj:JOL_1999_318_R_0016_011", "eurovoc_concepts": ["import", "originating product", "overseas countries and territories", "rice"], "url": "http://publications.europa.eu/resource/cellar/a5817fb2-d3bb-46d0-a616-194597308ed4", "lang": "eng", "formats": ["html", "pdf", "print"], "text": "L 318/16\n\nEN\n\nOfficial Journal of the European Communities\n\n11. 12. 1999\n\nCOMMISSION REGULATION (EC) No 2624/1999\n\nof 10 December 1999\n\non imports of rice originating in the overseas countries and territories (OCTs) under an additional\ntranche in respect of 1999\n\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\n\n(5)\n\nthe Management Committee for Cereals has not deliv-\nered an opinion within the time limit laid down by its\nchairman,\n\nHaving regard to the Treaty establishing the European\nCommunity,\n\nHaving regard to Council Decision 91/482/EEC of 25 July\n1991 on the association of the overseas countries and terri-\ntories with the European Economic Community (1), as last\namended by Decision 97/803/EC (2), and in particular Article\n108a(5) thereof,\n\nWhereas:\n\n(1)\n\n(2)\n\n(3)\n\n(4)\n\nCommission Regulation (EC) No 2603/97 of 16\nDecember 1997 laying down the detailed implementing\nrules for imports of rice originating in the ACP countries\nor the overseas countries and territories (OCTs) (3), as\namended by Regulation (EC) No 1595/98 (4), lays down\nrules on issuing import licences for up to 35 000 tonnes\nof rice originating in the OCTs in January each year;\n\nthe applications for licences submitted in January 1999\nrelated to a total quantity far exceeding that available. However, as a result of withdrawals of applications for\nlicences by operators under Article 9(3) of Regulation\n(EC) No 2603/97 after the fixing of a percentage reduc-\ntion, licences have in fact only been issued for a substan-\ntially reduced quantity. An additional tranche should\ntherefore be opened for imports of rice originating in\nthe OCTs in respect of 1999;\n\nin the light of this experience, there are also grounds for\nlimiting withdrawal of applications to cases where the\napplication of a percentage reduction would result in the\nissue of an import licence for a quantity that is not\neconomically viable;\n\nthe submission of applications for import licences in\nrespect of this additional tranche and the issue thereof\nshould be carried out in line with Regulation (EC) No\n2603/97, subject to certain derogations ensuring the\nproper administration of this tranche;\n\n(1) OJ L 263, 19. 9. 1991, p. 1. (2) OJ L 329, 29. 11. 1997, p. 50. (3) OJ L 351, 23. 12. 1997, p. 22. (4) OJ L 208, 24. 7. 1998, p. 21. HAS ADOPTED THIS REGULATION:\n\nArticle 1\n\nAn additional tranche of 11 049 tonnes in husked-rice equiva-\nlent shall be opened for 1999, under serial number 09. 4095,\nfor imports of rice falling within CN code 1006 and originating\nin the overseas countries and territories (OCTs). Article 2\n\nApplications shall be submitted and licences issued in accord-\nance with Title III of Regulation (EC) No 2603/97, subject to\nthe provisions of this Regulation. Article 3\n\nApplications\n\nshall be submitted\n1. within three working days of the entry into force of this\nRegulation. licences\n\nimport\n\nfor\n\nIn box 20 of the import licence application, applicants\n\n2. shall enter the words \u2018OCTs \u2014 additional tranche 1999\u2019. Article 4\n\n1. Where the quantity for which the licence is required is\nless than 20 tonnes as a result of\nthe\npercentage reduction set under Article 9(2) of Regulation (EC)\nNo 2603/97, the licence application may be withdrawn within\na period of two working days from the publiclation of the\nRegulation fixing that percentage. The security shall be released\nimmediately. the application of\n\n2. The final sentence of Article 11(4) of Regulation (EC) No\n2603/97 shall not apply to licences issued under this Regula-\ntion. Article 5\n\nThis Regulation shall enter into force on the day of its publica-\ntion in the Official Journal of the European Communities. 11. 12. 1999\n\nEN\n\nOfficial Journal of the European Communities\n\nL 318/17\n\nThis Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 December 1999. For the Commission\n\nFranz FISCHLER\n\nMember of the Commission"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ae048527-aa78-492a-b177-eea7466c3946", "title": "Council Regulation (EEC) No 3895/91 of 11 December 1991 laying down rules for the description and presentation of special wines", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "food technology,fortified wine,labelling,sparkling wine", "workIds": "celex:31991R3895,oj:JOL_1991_368_R_0001_012", "eurovoc_concepts": ["food technology", "fortified wine", "labelling", "sparkling wine"], "url": "http://publications.europa.eu/resource/cellar/ae048527-aa78-492a-b177-eea7466c3946", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/cd9b262d-7d58-40bb-9954-059b277c7762", "title": "LEGISLATIVE RESOLUTION (Cooperation procedure: first reading) embodying the opinion of the European Parliament on the Commission proposal for a Council regulation (EEC) on the type-approval of two or three-wheel motor vehicles", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Economic and Monetary Affairs,European Parliament", "date": "1991-12-11", "subjects": "approval,approximation of laws,harmonisation of standards,safety device,two-wheeled vehicle,vehicle parts", "workIds": "celex:51991AP0319", "eurovoc_concepts": ["approval", "approximation of laws", "harmonisation of standards", "safety device", "two-wheeled vehicle", "vehicle parts"], "url": "http://publications.europa.eu/resource/cellar/cd9b262d-7d58-40bb-9954-059b277c7762", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/e274249e-f7b9-4a56-9216-8332c4e6f503", "title": "91/666/EEC: Council Decision of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "EU stock,foot-and-mouth disease,research body,vaccine", "workIds": "celex:31991D0666,oj:JOL_1991_368_R_0021_021", "eurovoc_concepts": ["EU stock", "foot-and-mouth disease", "research body", "vaccine"], "url": "http://publications.europa.eu/resource/cellar/e274249e-f7b9-4a56-9216-8332c4e6f503", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/12b63195-45de-42ee-ad1c-7a02204375e4", "title": "Council Regulation (EEC) No 3671/91 of 11 December 1991 laying down, in respect of hops, the amount of aid to producers for the 1990 harvest", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "hops,production aid", "workIds": "celex:31991R3671,oj:JOL_1991_349_R_0006_030", "eurovoc_concepts": ["hops", "production aid"], "url": "http://publications.europa.eu/resource/cellar/12b63195-45de-42ee-ad1c-7a02204375e4", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0beb3882-40a5-4483-8411-a07ef6e1f540", "title": "Council Regulation (EEC) No 3669/91 of 11 December 1991 opening a Community tariff quota for frozen buffalo meat falling within CN code 0202 30 90 (1992)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "buffalo meat,frozen product,tariff quota", "workIds": "celex:31991R3669,oj:JOL_1991_349_R_0004_028", "eurovoc_concepts": ["buffalo meat", "frozen product", "tariff quota"], "url": "http://publications.europa.eu/resource/cellar/0beb3882-40a5-4483-8411-a07ef6e1f540", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/5be37950-6498-450d-afe7-e9edd5312ebf", "title": "92/152/EEC: Council Decision of 11 December 1991 on the conclusion of an Agreement in the form of a complementary Exchange of Letters between the European Economic Community and the Union of Soviet Socialist Republics on a credit guarantee for exports of agricultural products and foodstuffs to the Soviet Union", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "USSR,agreement (EU),agricultural product,credit guarantee,export,foodstuff", "workIds": "celex:31992D0152", "eurovoc_concepts": ["USSR", "agreement (EU)", "agricultural product", "credit guarantee", "export", "foodstuff"], "url": "http://publications.europa.eu/resource/cellar/5be37950-6498-450d-afe7-e9edd5312ebf", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/43d3969d-46a4-4bb5-9d9b-5fc391992f51", "title": "LEGISLATIVE RESOLUTION (Cooperation procedure: first reading) embodying the opinion of the European Parliament on the Commission proposal for a Council directive amending Directive 89/299/EEC on the own funds of credit institutions", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Legal Affairs,European Parliament", "date": "1991-12-11", "subjects": "Denmark,banking,banking system,credit institution,financial institution,financial solvency,incorporation,mortgage bank,public limited company", "workIds": "celex:51991AP0343", "eurovoc_concepts": ["Denmark", "banking", "banking system", "credit institution", "financial institution", "financial solvency", "incorporation", "mortgage bank", "public limited company"], "url": "http://publications.europa.eu/resource/cellar/43d3969d-46a4-4bb5-9d9b-5fc391992f51", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a729cb54-5462-4b61-a7bd-8b760829a045", "title": "Information concerning the date of entry into force of the Framework Agreement for Cooperation between the European Economic Community and the United States of Mexico", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "Mexico,agreement (EU),cooperation agreement,framework agreement", "workIds": "celex:21991X1211(01),oj:JOL_1991_340_R_0016_008", "eurovoc_concepts": ["Mexico", "agreement (EU)", "cooperation agreement", "framework agreement"], "url": "http://publications.europa.eu/resource/cellar/a729cb54-5462-4b61-a7bd-8b760829a045", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/66f94d6e-3b5d-4d29-838a-fabecc4828c8", "title": "Council Regulation (EEC) No 3667/91 of 11 December 1991 opening and providing for the administration of a Community tariff quota for meat of bovine animals, frozen, falling within CN code 0202 and products falling within CN code 0206 29 91 (1992)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "tariff quota", "workIds": "celex:31991R3667,oj:JOL_1991_349_R_0001_026", "eurovoc_concepts": ["tariff quota"], "url": "http://publications.europa.eu/resource/cellar/66f94d6e-3b5d-4d29-838a-fabecc4828c8", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/afd52cd8-c2dc-47f2-b2ca-586f198e322c", "title": "LEGISLATIVE RESOLUTION (Cooperation procedure: first reading) embodying the opinion of the European Parliament on the Commission proposal for a Council decision on the dissemination and exploitation of knowledge resulting from the specific programmes of research and technological development of the Community", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Industry, Research and Energy,European Parliament", "date": "1991-12-11", "subjects": "EU financing,artificial intelligence,data protection,dissemination of information,industrial research,information technology,intellectual property,research and development,research programme,scientific research,technology", "workIds": "celex:51991AP0330", "eurovoc_concepts": ["EU financing", "artificial intelligence", "data protection", "dissemination of information", "industrial research", "information technology", "intellectual property", "research and development", "research programme", "scientific research", "technology"], "url": "http://publications.europa.eu/resource/cellar/afd52cd8-c2dc-47f2-b2ca-586f198e322c", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/41953ba9-6111-4809-ac43-758a31a2ca16", "title": "Proposal for a COUNCIL DECISION amending Decision No 90/233/EEC of 7 May 1990 establishing a trans\u00adEuropean mobility scheme for university studies ( TEMPUS )", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_other,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-11", "subjects": "EU programme,action programme,higher education,student mobility,vocational training", "workIds": "celex:51991PC0513,comnat:COM_1991_0513_FIN,oj:JOC_1992_011_R_0009_01", "eurovoc_concepts": ["EU programme", "action programme", "higher education", "student mobility", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/41953ba9-6111-4809-ac43-758a31a2ca16", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 513 final \n\nBrussels, 11 December 1991 \n\nProposal for a \n\nCOUNCIL PEC IS ION \n\namending Decision No 90/233/EEC \nof 7 May 1990 establishing \na trans-European mobility \nscheme for university studies (TEMPUS) \n\n(presented by the Commission) \n\nF\u00a3f' \n\n\fEXPLANATORY MEMORANDUM \n\nOn 7 May 1990, the Council adopted, as part of the PHARE Programme of \nassistance to Central and Eastern European countries,. Decision No 90/233/EEC \nestablishing the trans- European mobility scheme for university studies (TEMPUS). This scheme was established for an initial pilot phase of three years beginning on 1 \nJuly 1990. So far, the implementation of the TEMPUS Programme has already permitted the \nfinancing of activities covering academic years 1990/1991 and 1991/1992. Procedures realting to the third academic year are in progress. Article 11 of the decision relating to TEMPUS provides that: \n\n\"The Commission, in accordance with the procedure set out in Article 5 (3), shall \nestablish arrangements for the monitoring and evaluation of the experience acquired \nin the implementation of TEMPUS, taking into account in particular the objectives \nset out in Article 4. It shall submit an interim report, including the results of the evaluation, before 31 \nDecember 1992, as well as a proposal for the continuation or adaptation of \nTEMPUS as a whole, beyond the initial pilot phase. A final report shall be presented by the Commission by 31 December 1995\". 3. The Commission will use the conclusions of the evaluation as part of its input for \npreparing its proposal. For this purpose, it has made the necessary arrangements to \nentrust the implementation of the evaluation of the TEMPUS Programme to an \noutside body. The results of this evaluation will not be available before April 1992. The Commission will communicate the results of the evaluation at the same time as \nits proposals regarding the continuation of TEMPUS in June 1990, in order to give \nthe Community bodies sufficient time to prepare the Council decision and to permit \nits adoption before the end of the year. However, even if this timetable is respected, it will not be possible to ensure the \nproper continuation of the implementation of TEMPUS in 1993, i. e. for academic \nyear 1993/1994. More specifically, the new applicants' guide setting out the arrangements and \npriorities applicable to projects for academic year 1993/94 should be made ready \nbefore July 1992, to be followed by a call for applications for 1993/94. To ensure \nthat selection results are known before the academic vacation, the final date for \nsubmission of requests must be set at 15 January 1993 at the latest, or earlier. The objective of the present Commission proposal is therefore to extend the initial \npilot phase by one academic year, whilst respecting the obligations arising out of \nArticle 11 above, in order to ensure the continuity of the implementation of TEMPUS \nin 1993, i. e. for academic year 1993/94. This would enable the Council and Parliament to examine, without being subject to \nunrealistic time pressure, the new Commission proposal to adopt the second phase \nof TEMPUS beginning in academic year 1994/95. For this reason the agreement of the Council and of Parliament is sought in order to \nextend the application of the current TEMPUS decision by one academic year, the \nCommission undertaking to deliver, by 30 June 1992, the results of the evaluation of \nthe TEMPUS Programme, as well as its proposals for the extension or adaptation of \nTEMPUS. Proposal for a Council Decision \namending Decision No 90/233/EEC \nof 7 May 1990 establishing \na trans-European mobility \nscheme for university studies (TEMPUS) \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nhaving regard to the Treaty establishing the European Economic Community, and in \nparticular Article 235 thereof, \n\nhaving regard to the proposal from the Commission,. \u2022. *. -. :* \u2022 \n\nhaving regard to the opinion of the European Parliament, \n\nhaving regard to the opinion of the Economic and Social Committee. Whereas Council Decision No 90/233/EEC of 7 May 1990 established the TEMPUS trans-\nEuropean mobility scheme for university studies. Whereas Article 11 of the decision relating to TEMPUS provides that the Commission \nshall submit to the Council, before 31 December 1992, an interim evaluation of the results \nof the TEMPUS Programme as well as a proposal for the continuation or adaptation of \nTEMPUS beyond the initial pilot phase; \n\nWhereas the first \"TEMPUS\" annual activity report (1. 5. 1990- 31. 7. 1991) which the \nCommission has just made public enables members of the Council, the European \nParliament and the Economic and Social Committee to be informed of all the activities \nundertaken by the Commission to implement the TEMPUS Programme; \n\n\fWhereas the evaluation report on the TEMPUS Programme will be available as from April \n1992, and that it is appropriate that the Commission should be able to avail itself of the \nresults of this evaluation study in order to prepare the proposal pursuant to on Article 11 ; \n\nWhereas only a decision to extend the pilot phase for a further academic year will give \nthe Council, the European Parliament and the Economic and Social Committee sufficient \ntime to examine, based on the results of the outside evaluation, the new Council Proposal \nand, as a result, to make their decision with a fuW knowledge of the facts; \n\nWhereas it is essential to ensure Ihe continuity of the TEMPOS Programme and that the \nprogramme framework for academic year 1993/1994 fee defined as soon as possible in \ntS\u00a72. HAS DECIDED AS FOLLOWS \n\nArticle number one of Decision: 90/233/EEC \u00bbs replaced by ftoe fo\u00eetow\u00ab% : \n\n\"Article 1 \n\nThe trans-European mobility scheme for university studies (hereinafter referred to as \n\"TEMPUS*) is hereby adopted, for an initial pilot phase *>f. four years beginning on 1 July \n1990, and subject to the monitoring and evaluation arrangements set out in Article 1V, \n\n\fnflANCIAL APPENDIX \n\nRe: The TEMPUS Scheme - Proposal for a Council Decision to alter Decision \n90/233/EEC of 7 May 1990 establishing a trans-European mobility scheme for \nhigher education. TEMPUS has no, sp\u00e9cifie budget line but is funded from the overall PHARE programme \nbudget (budget line B7-600). 76 MECU from the PHARE budget were allocated to TEMPUS in 1991; the 1992 \nprovisional budget figure is approximately 110 MECU* it is not possible to determine the \n1993 figure at present; that figure will be negotiated with the Central and Eastern \nEuropean authorities at the same time as the 1993 indicative oropramming of the PHARE \ncredits to be allocated to each country is discussed. However, it is estimated that the amount to be allocated to TEMPUS for the academic \nyear 1993/94 \u2022 subject to the negotiations mentioned above \u2022\u2022 may continue to account for \nthe same proportion of the total PHARE Budget as has been the case between 1990 and \n1992 (i. e. \u00b1. 10%). 1 \n\nISSN 0254-1475 \n\nCOM(91)513final \n\nDOCUMENTS \n\nEN \n\n16 \n\nCatalogue number : CB-CO-91-564-EN-C \n\nISBN 92-77-78485-7 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+null
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/db9127c9-af0d-47b3-b7b7-3b3a265b68f9", "title": "91/664/EEC: Council Decision of 11 December 1991 designating the Community reference laboratories for testing certain substances for residues", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "fresh meat,health control,research body,slaughter animal,testing", "workIds": "celex:31991D0664,oj:JOL_1991_368_R_0017_019", "eurovoc_concepts": ["fresh meat", "health control", "research body", "slaughter animal", "testing"], "url": "http://publications.europa.eu/resource/cellar/db9127c9-af0d-47b3-b7b7-3b3a265b68f9", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/93ae3fc2-3432-43bb-9ca7-604d57cd851b", "title": "92/54/ECSC: Commission Decision of 11 December 1991 approving the grant of aid by Portugal to the coal industry in 1991 (Only the Portuguese text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-11", "subjects": "Portugal,State aid,coal industry", "workIds": "celex:31992D0054,oj:JOL_1992_022_R_0059_032", "eurovoc_concepts": ["Portugal", "State aid", "coal industry"], "url": "http://publications.europa.eu/resource/cellar/93ae3fc2-3432-43bb-9ca7-604d57cd851b", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f459fa4a-c300-4286-8722-9ab8d0cf76b2", "title": "Council Directive 91/688/EEC of 11 December 1991 amending Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "fresh meat,health control,import,livestock,third country", "workIds": "celex:31991L0688,oj:JOL_1991_377_R_0018_013", "eurovoc_concepts": ["fresh meat", "health control", "import", "livestock", "third country"], "url": "http://publications.europa.eu/resource/cellar/f459fa4a-c300-4286-8722-9ab8d0cf76b2", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4dd39f64-a1a6-4cb1-826f-c4f57611fab3", "title": "92/55/ECSC: Commission Decision of 11 December 1991 ruling on the granting of aid by Belgium to the coal industry in 1992 (Only the French and Dutch texts are authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-11", "subjects": "State aid,coal industry,economic support", "workIds": "celex:31992D0055,oj:JOL_1992_022_R_0061_033", "eurovoc_concepts": ["State aid", "coal industry", "economic support"], "url": "http://publications.europa.eu/resource/cellar/4dd39f64-a1a6-4cb1-826f-c4f57611fab3", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b5c827ea-0376-43d1-87ec-930e975cf228", "title": "Council Directive 91/687/EEC of 11 December 1991 amending Directives 64/432/EEC, 72/461/EEC and 80/215/EEC as regards certain measures relating to swine\u00adfever", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "animal plague,health control,intra-EU trade,pigmeat,swine", "workIds": "celex:31991L0687,oj:JOL_1991_377_R_0016_012", "eurovoc_concepts": ["animal plague", "health control", "intra-EU trade", "pigmeat", "swine"], "url": "http://publications.europa.eu/resource/cellar/b5c827ea-0376-43d1-87ec-930e975cf228", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b500dc28-ea3d-427f-a081-0fbd266500a8", "title": "RESOLUTION on the development and the future of the common agricultural policy", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_other_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Agriculture and Rural Development,European Parliament", "date": "1991-12-11", "subjects": "Community budget,GATT,common agricultural policy,developing countries,environmental protection,export restriction,extensive farming,family farming,farm income,free service,fund (EU),nitrogen,pollution from agricultural sources,reform of the CAP,regional disparity,woman farmer", "workIds": "celex:51991IP0342", "eurovoc_concepts": ["Community budget", "GATT", "common agricultural policy", "developing countries", "environmental protection", "export restriction", "extensive farming", "family farming", "farm income", "free service", "fund (EU)", "nitrogen", "pollution from agricultural sources", "reform of the CAP", "regional disparity", "woman farmer"], "url": "http://publications.europa.eu/resource/cellar/b500dc28-ea3d-427f-a081-0fbd266500a8", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f811d51e-7c62-4daa-a25b-024e14ad1ce3", "title": "Commission Regulation (EEC) No 3594/91 of 11 December 1991 on the arrangements applicable to agricultural products subject to reference quantities and originating in the African, Caribbean and Pacific States", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-11", "subjects": "ACP countries,fruit,movement certificate,statistics,tariff reduction,vegetable", "workIds": "celex:31991R3594,oj:JOL_1991_341_R_0020_025", "eurovoc_concepts": ["ACP countries", "fruit", "movement certificate", "statistics", "tariff reduction", "vegetable"], "url": "http://publications.europa.eu/resource/cellar/f811d51e-7c62-4daa-a25b-024e14ad1ce3", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/5a5135f8-4a40-483f-a0aa-db9acc526a30", "title": "Council Directive 91/685/EEC of 11 December 1991 amending Directive 80/217/EEC introducing Community measures for the control of classical swine-fever", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "animal plague,health control,swine", "workIds": "celex:31991L0685,oj:JOL_1991_377_R_0001_010", "eurovoc_concepts": ["animal plague", "health control", "swine"], "url": "http://publications.europa.eu/resource/cellar/5a5135f8-4a40-483f-a0aa-db9acc526a30", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/348bbf08-a03c-4c86-be43-2af91dd3c214", "title": "Commission Regulation (EEC) No 3593/91 of 11 December 1991 abolishing in two stages certain customs duties applicable in trade between the Community of Ten and Spain and Portugal as a result of the Mediterranean Agreements", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-11", "subjects": "Portugal,Spain,abolition of customs duties,agricultural product,tariff reduction", "workIds": "celex:31991R3593,oj:JOL_1991_341_R_0013_024", "eurovoc_concepts": ["Portugal", "Spain", "abolition of customs duties", "agricultural product", "tariff reduction"], "url": "http://publications.europa.eu/resource/cellar/348bbf08-a03c-4c86-be43-2af91dd3c214", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/09eba54c-ef72-4472-9012-81d8eab27330", "title": "Agreement in the form of a complementary exchange of letters between the European Economic Community and the Russian Federation on a credit guarantee for exports of agricultural products and foodstuffs to Russia", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Economic Community,Russia", "date": "1991-12-11", "subjects": "Europe,USSR,agreement (EU),agricultural product,credit guarantee,export (EU),foodstuff", "workIds": "celex:21992A0310(01)", "eurovoc_concepts": ["Europe", "USSR", "agreement (EU)", "agricultural product", "credit guarantee", "export (EU)", "foodstuff"], "url": "http://publications.europa.eu/resource/cellar/09eba54c-ef72-4472-9012-81d8eab27330", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/887d09cb-75bf-4903-9a88-07320f9e69db", "title": "91/665/EEC: Council Decision of 11 December 1991 designating a Community Coordinating Institute for foot- and-mouth disease vaccines and laying down its functions", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "EU aid,animal disease,foot-and-mouth disease,research body", "workIds": "celex:31991D0665,oj:JOL_1991_368_R_0019_020", "eurovoc_concepts": ["EU aid", "animal disease", "foot-and-mouth disease", "research body"], "url": "http://publications.europa.eu/resource/cellar/887d09cb-75bf-4903-9a88-07320f9e69db", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3054fd35-f17e-46c2-93e4-088195f9b2f1", "title": "Council Regulation (EEC) No 3648/91 of 11 December 1991 laying down the methods of using form 302 and repealing Regulation (EEC) No 3690/86 concerning the abolition, within the framework of the TIR Convention, of customs formalities on exit from a Member State at a frontier between two Member States and Regulation (EEC) No 4283/88 on the abolition of certain exit formalities at internal Community frontiers - introduction of common border posts", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-11", "subjects": "Union transit,carriage of goods,customs document", "workIds": "celex:31991R3648,oj:JOL_1991_348_R_0001_024", "eurovoc_concepts": ["Union transit", "carriage of goods", "customs document"], "url": "http://publications.europa.eu/resource/cellar/3054fd35-f17e-46c2-93e4-088195f9b2f1", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1991348EN. 01000101. xml\n\n\n\n\n\n\n\n\n\n\n17. 12. 1991\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 348/1\n\n\n\n\n\nCOUNCIL REGULATION (EEC) No 3648/91\nof 11 December 1991\nlaying down the methods of using form 302 and repealing Regulation (EEC) No 3690/86 concerning the abolition, within the framework of the TIR Convention, of customs formalities on exit from a Member State at a frontier between two Member States and Regulation (EEC) No 4283/88 on the abolition of certain exit formalities at internal Community frontiers \u2014 introduction of common border posts\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,\nHaving regard to the proposal from the Commission\u00a0(1),\nIn cooperation with the European Parliament\u00a0(2),\nHaving regard to the opinion of the Economic and Social Committee\u00a0(3),\nWhereas Regulations (EEC) No 3690/86\u00a0(4) and (EEC) No 4283/88\u00a0(5) simplified formalities in respect of goods crossing an internal frontier of the Community under cover of a TIR or ATA carnet, a Community movement carnet or NATO form 302 by providing for the introduction of common border posts, thus ensuring that the same checks are not repeated on both sides of the frontier and that the sole administrative operation takes place at the office of entry in the Member State into which the goods are brought;\nWhereas Regulation (EEC) No 719/91\u00a0(6) further simplifies the rules for use of TIR and ATA carnets with effect from 1 January 1992 by providing that the Community is to be considered for this purpose to form a single customs territory, thus eliminating entirely the need, at internal frontier crossings, for the formalities and controls inherent in the use of TIR and ATA carnets as transit documents;\nWhereas, in anticipation of the total eliminations of internal frontiers linked to the establishment of the single market, these additional facilities should be extended from 1 January 1992 to operations under cover of NATO form 302 as well;\nWhereas Regulation (EEC) No 3/84\u00a0(7) concerning the Community movement carnet, as last amended by Regulation (EEC) No 718/91\u00a0(8), is due to be repealed with effect from the date of application of Council Regulation (EEC) No 2726/90 of 17 September 1990 on Community transit\u00a0(9);\nWhereas Regulations (EEC) No 3690/86 and (EEC) No 4283/88 will become redundant when the measures for which they provide cease to be applicable; whereas they should be repealed with effect from the dates in question,\nHAS ADOPTED THIS REGULATION:\nArticle 1\nRegulation (EEC) No 3690/86 is hereby repealed. Article 2\n1. Where, in accordance with the provisions in force, goods are transported from one point in the Community to another under cover of form 302 established under the Convention between the Parties to the North Atlantic Treaty on the Status of their Forces, signed in London on 19 June 1951, the Community shall be considered, for the purposes of the rules governing the use of the said form for such transport, to form a single territory, as defined by Council Regulation (EEC) No 2151/84 of 23 July 1984 on the customs territory of the Community\u00a0(10)\n\n2. Where, in the course of a transport operation referred to in paragraph 1, goods pass through the territory of a third country, the controls and formalities inherent in form 302 shall be applied at the points where the goods temporarily leave the customs territory of the Community and where they re-enter that territory. 3. Where it is found that, in the course of, or in connection with, a transport operation carried out under cover of form 302, an offence or irregularity has been committed in a particular Member State, the recovery of duties and other charges which may be chargeable shall be effected by that Member State in accordance with Community or national provisions, without prejudice to the institution of criminal proceedings. 4. Where it is not possible to determine in which territory the offence or irregularity was committed, such offence or irregularity shall be deemed to have been committed in the Member State where it was noted. In that case, the duties and other charges relating to the goods in dispute shall be levied by that Member State in accordance with Community or national provisions. If, subsequently, the Member State where the said offence or irregularity was actually committed is determined, the duties and other charges (apart from those levied, pursuant to the second subparagraph, as own resources of the Community) to which the goods are liable in that Member State shall be reimbursed to it by the Member State which originally recovered them. In that case, any overpayment, shall be returned to the person who originally paid the charges. Where the amount of the duties and other charges originally levied and reimboursed by the Member State which recovered them is smaller than that of the duties and other charges due in the Member State where the offence or irregularity was actually committed, that Member State shall levy the difference in accordance with Community or national provisions. Member States shall take the necessary measures to dal with any offence or irregularity and to impose effective penalties. Article 3\nRegulation (EEC) No 4283/88 is hereby repealed. However, to the extent that it concerns the Community movement carnet, the said Regulation shall continue to apply until the date of application of Regulation (EEC) No 2726/90. Article 4\nThis Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. It shall apply from 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 December 1991. For the Council\n\n\nThe President\n\nP. BUKMAN\n\n\n\n\n(1)\u00a0\u00a0OJ No C 143, 1. 6. 1991, p. 11. (2)\u00a0\u00a0OJ No C 280, 28. 10. 1991, and OJ No C 326, 13. 12. 1991. (3)\u00a0\u00a0OJ No C 269, 14. 10. 1991, p. 23. (4)\u00a0\u00a0OJ No L 341, 4. 12. 1986, p. 1. (5)\u00a0\u00a0OJ No L 382, 31. 12. 1988, p. 1. (6)\u00a0\u00a0OJ No L 78, 26. 3. 1991, p. 6. (7)\u00a0\u00a0OJ No L 2, 4. 1. 1984, p. 1. (8)\u00a0\u00a0OJ No L 78, 26. 3. 1991, p. 4. (9)\u00a0\u00a0OJ No L 262, 26. 9. 1990, p. 1. (10)\u00a0\u00a0OJ No L 197, 27. 7. 1984, p. 1. Regulation last amended by Regulation (EEC) No 4151/88 (OJ No L 367, 31. 12. 1988, p. 1)"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6443eeb6-dc5f-412a-a7cd-9d245de3a7b5", "title": "Proposal for a COUNCIL REGULATION ( EEC ) extending Regulation ( EEC ) No 715/90 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, caribbean and Pacific States ( ACP States \u00b0) or in the overseas countries and territories ( OCT )", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-11", "subjects": "ACP countries,abolition of customs duties,agricultural product,originating product,overseas countries and territories", "workIds": "celex:51991PC0517,comnat:COM_1991_0517_FIN", "eurovoc_concepts": ["ACP countries", "abolition of customs duties", "agricultural product", "originating product", "overseas countries and territories"], "url": "http://publications.europa.eu/resource/cellar/6443eeb6-dc5f-412a-a7cd-9d245de3a7b5", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC91) 517 final \n\nBrussels, 11 December 1991 \n\nProposal for a \n\nextending Regulation (EEC) No 715/90 on the arrangements \napplicable to agricultural products and certain goods \nresulting from the processing of agricultural products \noriginating in the African, Caribbean and Pacific \nStates (ACP States) or in the overseas \ncountries and territories (OCT) \n\n(presented by the Commission) \n\n\fz. EXPLANATORY MEMORANDUM \n\n1. With Regulation (EEC) No 715/90 the Community agreed to apply the \n\narrangements laid down in the Fourth ACP-EEC Lom\u00e9 Convention signed on \n15 December 1989 for agricultural and processed products from ACP States or \nthe OCT before the date of entry into force of the Convention and the new \nDecision on the association of the overseas countries and territories (OCT). 2. However, the Community limited the application of the Regulation to \n\n29 February 1992. Meanwhile the Convention has entered into force. The new Decision on the association of the overseas countries and territories \nof 25 July 1991 has also entered into force. It provides that all products \noriginating in the OCT shall be totally exempt from customs duties and \ncharges having equivalent effect when imported into the Community. As a \nresult, so far as the OCT are concerned, the provisions of Regulation (EEC) \nNo 715/90 have become obsolete. The applicability of Regulation (EEC) No \n715/90 for the ACP States should therefore be extended beyond \n29 February 1992 for the period of validity of the Convention. The purpose of the attached proposal for a regulation is such an extension, \nlimited to the ACP States. 3. The financial implications fall within the framework of the financial \nimplication of the Commission proposal on the introduction of the \narrangements concerned in 1990 (C0M(90) 213 final). Proposa I for \n\nCOUNCIL REGULATION (EEC) No \n\nOf \n\nextending Regulation (EEC) No 715/90 on the arrangements \napplicable to agricultural products and certain goods \nresulting from the processing of agricultural products \noriginating in the African, Caribbean and Pacific \nStates (ACP States) or in the overseas \ncountries and territories (OCT) \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Regulation (EEC) No 715/90(1), as last amended by Regulation \n\n(EEC) No 523/91<2), and in particular Article 31 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas at present the application of Regulation (EEC) No 715/90 is limited to \n\n29 February 1992; whereas, however, the Fourth ACP-EEC Convention, signed at Lom\u00e9 \n\non 15 December 1989, entered into force on 1 September 1991(3> and applies until \n\n29 February 2000; whereas, as a result, the application of Regulation (EEC) No \n\n715/90 should be extended to the latter date as far as products originating in \n\nthe ACP States are concerned; \n\nWhereas, moreover, with Decision 91/482/EEC of 25 July 1991 on the association of \n\nthe overseas countries and territories (OCT) with the European Economic \n\nCommunity<4>, the Community adopted special arrangements for products \n\noriginating in the OCT; whereas these new arrangements which entered into force \n\non 20 September 1991 provide that all products originating in the OCT shall be \n\ntotally exempt from customs duties and charges having equivalent effect when \n\nimported into the Community; whereas, as a result, as far as the OCT are \n\nconcerned, the provisions of Regulation (EEC) No 715/90 have become obsolete; \n\nwhereas, as a result, Regulation (EEC) No 715/90 should be extended exclusively \n\nfor products originating in the ACP States; \n\n(1) OJ No L 84. 30. 3. 1990, p. 85. (2) 0J No L 58, 5. 3. 1991, p. 1. (3) 0J No L 229, 17. 9. 1991, p. 287. (4) 0J No L 263, 19. 9. 1991, p. 1. HAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\nY \n\nArticles 1 to 25 and 27 to 30(1) and (2) as well as Article 31 and Annex I to \n\nRegulation (EEC) No 715/90 are extended until 29 February 2000, insofar as \n\nagricultural products and certain goods resulting from the processing of \n\nagricultural products originating in the ACP States are concerned. Article 2 \n\nThis Regulation shall enter into force on the day following its publication in \n\nthe Official Journal of the European Communities. It shall apply with effect from 20 September 1991. This Regulation shall be binding in its entirety and directly applicable in all \n\nMember States. Done at \n\nFor the Council \n\nThe President \n\n\f^ \n\nFiche d'impact sur la \n\ncomp\u00e9titivit\u00e9 et l' emploi \n\nCette mesure n'a pas de cons\u00e9quence pour la comp\u00e9titivit\u00e9 et \n\nl'emploi dans la Communaut\u00e9. G \n\nKSN02J4-147S \n\nC0M(91) 517 final \n\nDOCUMENTS \n\nEN \n\nil 03 \n\nCatalogue number : CB-CO-91-579-EN-C \n\nISBN 92-77-78755-4 \n\nOffice for Official Publications of the European Communities \n\nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3e85cc68-87ba-45fc-b61a-ebceaf9a01b4", "title": "Commission Regulation (EEC) No 3584/91 of 10 December 1991 amending Regulation (EEC) No 3418/88 fixing the free-at-frontier reference prices applicable to imports of certain wine products with effect from 1 September 1988", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "free-at-frontier price,fruit product,grape,reference price,wine", "workIds": "celex:31991R3584,oj:JOL_1991_339_R_0007_015", "eurovoc_concepts": ["free-at-frontier price", "fruit product", "grape", "reference price", "wine"], "url": "http://publications.europa.eu/resource/cellar/3e85cc68-87ba-45fc-b61a-ebceaf9a01b4", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4bc49b57-3b5f-42fc-8ebc-0fe41a4365b7", "title": "Commission Directive 91/663/EEC of 10 December 1991 adapting to technical progress Council Directive 76/756/EEC relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "approval,approximation of laws,commercial vehicle,marketing standard,motor vehicle,signalling device,technical standard", "workIds": "celex:31991L0663,oj:JOL_1991_366_R_0017_005", "eurovoc_concepts": ["approval", "approximation of laws", "commercial vehicle", "marketing standard", "motor vehicle", "signalling device", "technical standard"], "url": "http://publications.europa.eu/resource/cellar/4bc49b57-3b5f-42fc-8ebc-0fe41a4365b7", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ececfeb0-d03a-4fcd-9222-bb35c338ec42", "title": "Decision No 3/91 of the EEC-Norway Joint Committee of 10 December 1991 amending Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_body_agreement_international,http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "EEC\u2013Norway Joint Committee", "date": "1991-12-10", "subjects": "Norway,agreement (EU),originating product", "workIds": "celex:21992D0218(04),oj:JOL_1992_042_R_0043_023", "eurovoc_concepts": ["Norway", "agreement (EU)", "originating product"], "url": "http://publications.europa.eu/resource/cellar/ececfeb0-d03a-4fcd-9222-bb35c338ec42", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ab18240f-6b9c-4862-acf4-ad67f79fd7bb", "title": "91/648/EEC: Commission Decision of 10 December 1991 on the establishment of an addendum to the Community support framework for Community structural assistance in the United Kingdom (Northern Ireland) on the improvement of the conditions under which agricultural products are processed and marketed (Only the English text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "EU financing,Northern Ireland,agricultural product,marketing", "workIds": "celex:31991D0648,oj:JOL_1991_350_R_0047_051", "eurovoc_concepts": ["EU financing", "Northern Ireland", "agricultural product", "marketing"], "url": "http://publications.europa.eu/resource/cellar/ab18240f-6b9c-4862-acf4-ad67f79fd7bb", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/047bc3f1-bfe9-47bb-b8dc-f2e2ad41b311", "title": "Commission Regulation (EEC) No 3583/91 of 10 December 1991 opening and providing for the administration of Community tariff quotas for certain agricultural products originating in the African, Caribbean and Pacific States", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "pip fruit,tariff quota", "workIds": "celex:31991R3583,oj:JOL_1991_339_R_0005_014", "eurovoc_concepts": ["pip fruit", "tariff quota"], "url": "http://publications.europa.eu/resource/cellar/047bc3f1-bfe9-47bb-b8dc-f2e2ad41b311", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a8e2b254-7fbb-4f70-8258-926cf894008a", "title": "92/19/EEC: Commission Decision of 10 December 1991 approving the criteria relating to Denmark as referred to in Article 2 (4) (c) of Council Regulation (EEC) No 1637/91 fixing compensation with regard to the reduction of the reference quantities referred to in Article 5c of Regulation (EEC) No 804/68 and compensation for the definitive discontinuation of milk production (Only the Danish text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "Denmark,agricultural quota,dairy production,production capacity,redirection of production", "workIds": "celex:31992D0019,oj:JOL_1992_009_R_0021_025", "eurovoc_concepts": ["Denmark", "agricultural quota", "dairy production", "production capacity", "redirection of production"], "url": "http://publications.europa.eu/resource/cellar/a8e2b254-7fbb-4f70-8258-926cf894008a", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/77721a62-20b6-43dc-8993-0dbd31b77a68", "title": "91/653/EEC: Commission Decision of 10 December 1991 on the establishment of the Community support framework for Community structural assistance on the improvement of the conditions under which agricultural products are processed and marketed in the Luxembourg (Only the French text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "EU financing,Luxembourg,agricultural product,agro-industry,marketing", "workIds": "celex:31991D0653,oj:JOL_1991_350_R_0057_056", "eurovoc_concepts": ["EU financing", "Luxembourg", "agricultural product", "agro-industry", "marketing"], "url": "http://publications.europa.eu/resource/cellar/77721a62-20b6-43dc-8993-0dbd31b77a68", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c0b14d5b-f419-4c06-8026-1a8bc8ed077e", "title": "91/652/EEC: Commission Decision of 10 December 1991 on the establishment of the Community support framework for Community structural assistance on the improvement of the conditions under which agricultural products are processed and marketed in the United Kingdom (with the exception of Northern Ireland) (Only the English text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "EU financing,agricultural product,marketing,regions of the United Kingdom", "workIds": "celex:31991D0652,oj:JOL_1991_350_R_0055_055", "eurovoc_concepts": ["EU financing", "agricultural product", "marketing", "regions of the United Kingdom"], "url": "http://publications.europa.eu/resource/cellar/c0b14d5b-f419-4c06-8026-1a8bc8ed077e", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/25035834-97ba-4545-8e01-14247a33207a", "title": "91/649/EEC: Commission Decision of 10 December 1991 on the establishment of an addendum to the Community support framework for Community structural assistance in Spain (Andaluc\u00eda, Asturias, Castilla y Le\u00f3n, Castilla-La Mancha, Comunidad Valenciana, Extremadura, Galicia, Canarias, Murcia, Ceuta y Melilla) on the improvement of the conditions under which agricultural products are processed and marketed (Only the Spanish text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "EU financing,agricultural product,marketing,regions of Spain", "workIds": "celex:31991D0649,oj:JOL_1991_350_R_0049_052", "eurovoc_concepts": ["EU financing", "agricultural product", "marketing", "regions of Spain"], "url": "http://publications.europa.eu/resource/cellar/25035834-97ba-4545-8e01-14247a33207a", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/909f4500-a010-41a7-8e37-e8904dadd803", "title": "Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) n\u00b0 3927/90 laying down for 1991, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "Norway,fishery management,fishing area,fishing permit", "workIds": "celex:51991PC0512,comnat:COM_1991_0512_FIN", "eurovoc_concepts": ["Norway", "fishery management", "fishing area", "fishing permit"], "url": "http://publications.europa.eu/resource/cellar/909f4500-a010-41a7-8e37-e8904dadd803", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 512 final \n\nBrussels,10 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\namending Regulation (EEC) No 3927 >90 laying dovm for 19 91, certain \n\nmeasures for the conservation and management of fishery resources \n\napplicable to vessels flying the flag of Norway \n\n(presented by the Commission) \n\n\fEXPLANATORY MEMORANDUM \n\nBy regulation (EEC) N* 3927/90 the Council has allocated the shares \n\navailable for 1991 to Norwegian vessels fishing In the Community \n\nfIshIng zone. Following a Norwegian request the Community and Norway have held \n\nconsultations regarding an increase of 3. 000 t of the Norwegian 1991 \n\ncatch possibilities of \"sprat\" In the Community fishing zone. As a* \n\nresult the Community agreed that the catch quota allocated to Norway \n\nfor 1991 was increased on the condition that Norway was prepared to \n\ncompensate the Community under the 1992 Fisheries Arrangement. It Is therefore proposed to amend the above Regulation accordingly. Proposal for a \n\nCOUNCIL REGULATION (EEC) N\u00b0 \n\n/ \n\nOf \n\n19 91 \n\namending Regulation (EEC) No 3927 A) laying down for 1991, certain \n\nmeasures for the conservation and management of fishery resources \n\napplicable to vessels flying the flag of Norway \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EEC) No 170/83 of 25 January 1983 \n\nestablishing a Community system for the conservation and management of \n\nfishery resources (1), as amended by the Act of Accession of Spain and \n\nPortugal (2), and in particular Article 11 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas Regulation (EEC) No 3927/90 (3) lays down, for 19<?1, certain \n\nmeasures for the conservation and management of fishery resources \n\napplicable to vessels flying the flag of Norway; \n\nWhereas, in accordance with the procedure provided for in Article 2 of the \n\nFisheries Agreement between the European Economic Community and the Kingdom \n\nof Norway (4), the Community and Norway have held further consultations \n\nconcerning mutual fishing rights in 1991; \n\n(1) OJ No L 24, 27. 1. 1983, p. 1-\n(2) OJ No L 302, 15. 11. 1985, p. 1. (3) OJ No L 378 , 31. 12. 1990, p- 38. (4) OJ No L 226, 29. 8. 1980, p. 48. k \n\nWhereas, pursuant to the terms of Article J 01 w y\u00ab \n\ns \nit is for the Council to fix the total catches allocated to third country \n\n^. _ \n\n~ l r H r lp 3 of Regulation VEEC) No 170/83, \n\nand to lay down the specific conditions under which such catches must be \ntaken, \n\nHAS ADOPTED T H IS REGULATION \n\n: \n\nA r t i c le 1 \n\nin Annex I to Regulation (EEC) No 3927/90, the figure relating to s p r at \n\n( I C ES IV \n\n) is hereby replaced by the one set Out in \n\nthe Annex to this Regulation. Article 2 \n\nThis Regulation shall enter into force on the day of its publication in U>\u00ab* \n\nOfficial Journal of the European Communities. This Regulation shall be binding in its entirety \n\nand directly applicable in all Member States, \n\nDone at Brussels, \n\nFor the Council \n\nThe president \n\n\f!l ' \n\n-S** \n\nANNEX \n\nNorwegian catch quotas for 1991 \n\n(tonnes - fresh round weight) \n\nSpecies \n\nArea within which fishing \n\nQuantity \n\n| \n\nis authorized \n\nI (tonnes) \n\n\f\fKSN 0254-1475 \n\nCOM(91)512final \n\nDOCUMENTS \n\nEN \n\n1103 \n\nCatalogue number: CB-CO-91-559-EN-C \n\nISBN 92-77-78449-0 \n\nOff\u00eece for Off\u00eedal Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/e6b5896a-0a07-4b93-ad12-1b881e680b7d", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council decision approving amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Industry, Research and Energy,European Parliament", "date": "1991-12-10", "subjects": "Joint European Torus,nuclear fusion,research and development,research programme", "workIds": "celex:51991AP0311(01)", "eurovoc_concepts": ["Joint European Torus", "nuclear fusion", "research and development", "research programme"], "url": "http://publications.europa.eu/resource/cellar/e6b5896a-0a07-4b93-ad12-1b881e680b7d", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/81f5e331-a442-4fdd-9f45-ea52ef162b55", "title": "Proposal for a COUNCIL DIRECTIVE on colours for use in foodstuffs", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "consumer information,food colouring,food consumption,foodstuff,foodstuffs legislation,marketing", "workIds": "celex:51991PC0444,comnat:COM_1991_0444_FIN,oj:JOC_1992_012_R_0007_01", "eurovoc_concepts": ["consumer information", "food colouring", "food consumption", "foodstuff", "foodstuffs legislation", "marketing"], "url": "http://publications.europa.eu/resource/cellar/81f5e331-a442-4fdd-9f45-ea52ef162b55", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EtJROPEAN C\u0152MDNITIES \n\nC0M(91) 444 final - SYN 368 \n\nBrussels,10 December 1991 \n\nProposal for a \nCOUNCIL DIRECTIVE \n\non colours for use in foodstuffs \n\n(presented by the Commission) \n\n\f- 2 -\n\nEXPLANATORY MEMMANPUM \n\nDirective 89/107/EEC of 21 December 1988 states in Article 3(1) and (2): \n\n\"1. Particular provisions In respect of the additives in the categories \ngiven in Annex I shall be laid down in a comprehensive Directive, \nincluding existing specific Directives. That Directive may, however, \nbe drawn up in stages. 2. The Council shall, acting on a proposal from the Commission under the \n\nprocedure laid down in Article 100a of the Treaty, adopt: \n\n(a) a list of additives the use of which is authorized to the \n\nexclusion of all others; \n\n(b) the list of foodstuffs to which these additives may be added, the \nconditions under which they may be added and, where appropriate, a \nlimit on the technological purpose of their use; \n\n(c) the rules on additives used as carrier substances and solvents, \n\nincluding where necessary their purity criteria. \" \n\nAs a first stage in the establishment of the comprehensive Directive \nmentioned above, a proposal for a Council Directive on sweeteners for use \nin foodstuffs has already been made. The present proposal is dealing with \ncolours. The Scientific Committee for Food has been consulted on those substances \nawaiting Community provision. Their opinions are published in the series \nof Reports of the Scientific Committee for Food. Specifications of identity and purity for those food additives, which as \nyet lack them, will be drawn up according to the procedure laid down in \nArticle 11 of Directive 89/107/EEC. - 3 -\n\nProposal for a \nCOUNCIL DIRECTIVE \n\non colours for use in foodstuffs \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES\u00bb \n\nHaving regard to the Treaty establishing the European Economic Community, \nand in particular Article 100a thereof, \n\nHaving regard to the proposal from the Commission^), \n\nIn cooperation with the European Par I lament(2*, \n\nHaving regard to the opinion of the Economic and Social Committee*3*, \n\nHaving regard to Council Directive 89/107/EEC of 21 December 1988, on the \napproximation of the laws of the Member States concerning food additives \nauthorized for use in foodstuffs intended for human consumption(4), and \nin particular Article 3(2) thereof, \n\nWhereas differences between national laws relating to the conditions of use \nof colours in food hinder the free movement of foodstuffs; whereas this may \ncreate conditions of unfair competition; \n\nWhereas the prime consideration for any rules on these food additives and \ntheir conditions of use should be the need to protect the consumer and to \nprevent him from being misled; \n\nWhereas a food additive may only be used when there is evidence that the \nuse of this additive has an advantage for the consumer; \n\nWhereas colours are used to restore original appearance of food whose \ncolour has been affected by processing, storage, packaging and \ndistribution, whereby visual acceptability may have been impaired; \n\nWhereas colours are used to make food more visually appealing and help \nidentify flavours normally associated with particular foods and to give \ncolour to food otherwise colourless; \n\nWhereas colours are used to reinforce colours already present in food; \n\nWhereas it is generally recognized that unprocessed foodstuffs and certain \nother basic foodstuffs should be free from food additives; \n\nWhereas, having regard to the most recent scientific and toxicological \ninformation on additives, some of these are to ba permitted on!y for \ncertain foodstuffs and under certain conditions of use; \n\n(1) \n(2) \n(3) \n(4) OJ No L 40, 11. 2. 1989, p. 27 \n\n\f- 4 -\n\nWhereas it is necessary to lay down strict rules for the use of additives \nin food for infants and young children-, \n\nWhereas the Commission should adapt certain Community provisions to accord \nwith the rules laid down in this Directive; \n\nWhereas the Scientific Committee for Food has been consulted for those \nsubstances not yet being the subject of a Community provision; \n\nWhereas it is desirable that when a decision is taken on whether a \nparticular foodstuff belongs to a certain category of foods, the \nconsultation of the Standing Committee for Food procedure be followed; \n\nWhereas this Directive replaces partially the Council Directive of \n23 October 1962 on the approximation of the rules of the Member States \nconcerning the colouring matters authorized for use in foodstuffs intended \nfor human consumption, as last amended by the Act of Accession of Spain and \nPortugal*5*; \n\nWhereas the modification of existing purity criteria on colouring matters \nand new specification for those where no purity criteria exist, will be \nproposed in accordance with the procedure of Article 11 of Directive \n89/107/EEC, \n\n(S) OJ NO 115. 11. 11. 1962. p. 264S/62. HAS ADOPTED THIS DIRECTIVE: \n\n- 5 -\n\nArticle 1 \n\n1. 2. This Directive is a specific Directive forming a part of the \ncomprehensive Directive within the meaning of Article 3 of Directive \n89/107/EEC. Colours are substances which add or restore colour in a food, and \ninclude natural components of foodstuffs and natural sources, which \nare normally not consumed as foodstuffs as such and not normally used \nas characteristic ingredients of food. 3. The following substances shall not be considered colours for the \npurposes of this Directive: \n\n- foodstuffs, flavourings and their components, incorporated during \nthe manufacturing of compound foodstuffs, because of their \naromatic, sapid or nutritive properties together with a secondary \ncolouring effect, such as paprika, turmeric and saffron. - colours used for the colouring of egg shells and for stamping meat \nand the inedible external parts of foodstuffs, such as cheese \ncoatings and sausage casings. Article 2 \n\n1. Only the substances listed in Annex I may be used as colours in \n\nfoodstuffs. 2. 3. Colours may be used only in the foodstuffs listed in Annexes III, IV \nand V and under the conditions specified therein. Colours may not be used in the foodstuffs listed in Annex II except \nwhere specifically provided for in Annex III, Annex IV or Annex V. 4. Colours permitted for certain uses only are listed in Annex IV. 5. 6. Colours permitted in general in foodstuffs and the conditions of use \ntherefor are listed in Annex V. Maximum levels indicated in the Annexes refer to foodstuffs as \nmarketed, unless otherwise stated. - 6 \n\n-\n\nArticle 3 \n\nWithout prejudice to other Community \\provis ions, the presence of a colour \nin a foodstuff is permissible: \n\nin a compound foodstuff other than one mentioned in Annex II to the \nextent that the colour is permitted in one of the ingredients of the \ncompound foodstuff; \n\nor \n\nif the foodstuff is destined to be used solely in the preparation of a \ncompound foodstuff and to such an extent that the compound foodstuff \nconforms to the provisions of this Directive. Article 4 \n\nIt may be decided by the procedure laid down in Article 6, whether a \nparticular foodstuff belongs to a category of foods mentioned in \nArticle 2(2), (3), (4) and (5), and whether substances are colours in the \nmeaning of Article 1. Article $ \n\nAny provision necessary to adapt existing Community provisions to the rules \nlaid down in this Directive shall be adopted within 6 months of \nnotification, in accordance with the procedure laid down in Article 6. Article 6 \n\nWhere the procedure laid down in this Article is to be followed, the \nChairman shall refer the matter to the Standing Committee for Foodstuffs, \nhereinafter refered to as \"the Committee\", either on his own initiative or \nat the request of the representative of a Member State. The representative of the Commission shall submit to the Committee a draft \nof the measures to be taken. The Committee shall deliver its opinion on \nthe draft, within a time limit which the chairman may lay down according to \nthe urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member \nState shall have the right to ask to have its position recorded in the \nminutes. The Commission shall take the utmost account of the opinion delivered by \nthe Committee. It shall inform the Committee of the manner in which its \nopinion has been taken into account. - 7 -\n\nArticle 7. In accordance with the General Criteria of point 4 of Annex \n89/107/EEC, within 5 years from the adoption of this \nCommission shall review the conditions of use mentioned in \nand propose modifications where necessary. 11 to Direct ive \nDirective, the \nthis Directive, \n\nArticle 8 \n\nArticles 1 to 7, Article 8(1), second indent and (2), and Articles 9 to 15 \nof the Directive of 23 October 1962 are hereby repealed. References to the repealed provisions shall be construed as references to \nthe corresponding provisions of this Directive. Article 9 \n\nStates shall bring \n\nMember \ninto force the laws, regulations and \nadministrative provisions necessary to comply with this Directive not later \nthan 1 November 1992 in order to: \n\n- allow trade in and use of products conforming to this Directive \n\nnot later than 1 November 1993, \n\n- prohibit trade in and use of products not conforming to this \n\nDirective not later than 1 November 1994. They shall at once inform the Commission thereof. When Member States adopt these measures, these shall contain a reference to \nthis Directive or shall be accompanied by such reference on the occasion of \ntheir official publication. The procedure for such reference shall be laid \ndown by Member States. This Directive is addressed to the Member States. Article 1Q \n\nDone at Brussels, \n\nFor the CounclI \nThe President \n\n\f- 8 -\n\nANNEX I \n\nLIST OF PERMITTED FOOD COLOURS \n\nNote : Aluminium \nauthorised. lakes prepared \n\nfrom colours mentioned \n\nIn \n\nthis \n\nannex are \n\nEEC N' \n\nCOMMON NAME \n\nCOLOUR INDEX \nNUMBER (1) \nOR DESCRIPTION \n\nE 100 \n\nCurcum In \n\nE 101 \n\nI) \nII) \n\nRiboflavin \n\nRlboflavln-5'-phosphate \n\nE 102 \n\nTartrazlne \n\nE 104 \n\nQui not I ne Yellow \n\nE 110 \n\nE 120 \n\nSunset Yellow FCFt \nOrange Yellow S \n\nCochineal, Carmlnlc \nCarmines \n\nacid \n\nE 122 \n\nAzorublne, \n\nCarmolslne \n\nE 123 \n\nAmaranth \n\nE 124 \n\nPonceau 4R, Cochineal Red A \n\nE 127 \n\nErythros/ne \n\nE 128 \n\nRed 2G \n\nE 129 \n\nAllura Red AC \n\nE 131 \n\nPatent Blue V \n\nE 132 \n\nIndIgotlne, \n\nIndigo Carmine \n\nE 133 \n\nBrill/ant \n\nBlue FCF \n\n(1) Colour \n\nIndex numbers are \n\ntaken \n\nfrom \n\n1315. Also amendments 37-40 \n(132-50), \n\n53-56 \n\n(135). (125), \n\n75300 \n\n19140 \n\n47005 \n\n15985 \n\n75470 \n\n14720 \n\n16185 \n\n16255 \n\n45430 \n\n18050 \n\n16035 \n\n42051 \n\n73015 \n\n42090 \n\nthe 3rd edition \n(127-50), \n41-44 \n\n1982, volumes \n45-48 \n\n(130), \n\n1-7, \n49-52 \n\n\f- 9 -\n\nEEC N' \n\nCOMMON NAME \n\nE 140 \n\nChlorophylIs \nChlorophylI \n\nand \n\nIns \n\nI) \n\nchlorophylIs \n\nII) chlorophylI \n\nIns \n\nE 141 \n\nCopper complexes of \nchlorophylIs \nchlorophylI \n\nand \n\nIns \n\nCOLOUR INDEX \nNUMBER (1) \nOR DESCRIPTION \n\n75810 \n75815 \n\n75815 \n\nI) copper complexes of \n\nchlorophylIs \n\nII) copper complexes of \n\nchlorophylI \n\nIns \n\nE 142 \n\nGreen S \n\n44090 \n\nE 150a \n\nPlain caramel \n\n(2) \n\nE 150b \n\nCaustic sulphite \n\ncaramel \n\nE 150c \n\nAmmonia caramel \n\nE 150d \n\nSulphite \n\nammonia caramel \n\nE 151 \n\nBrilliant \nBlack PN \n\nBlack BN, \n\nE 153 \n\nVegetable Carbon \n\nE 154 \n\nBrown FK \n\nE 155 \n\nBrown HT \n\n28440 \n\n20285 \n\n(1) Colour \n\nIndex numbers are \n\ntaken \n\nfrom \n\n1315. Also amendments 37-40 \n(132-50), \n\n(135). 53-56 \n\n(125), \n\nthe 3rd edition \n(127-50), \n41-44 \n\n1982, volumes 1-7, \n49-52 \n45-48 \n\n(130), \n\n(2) The term caramel \ncolour which are \nsugary aromatic \nfor \n\nflavouring \n\nrelates \nIntended \nproduct \n\nto products \nfor colouring. of a more or \n\nless \n\nIt does not correspond \nsugar and which \n\nintense Drown \nthe \nis used \n\nto \n\nobtained \n\nfrom heating \n\nfood \n\n(e. g. confectionery, \n\npastry, \n\nalcoholic \n\ndrinks). - 10 \n\n-\n\nEEC N' \n\nCOMMON NAME \n\nCOLOUR INDEX \nNUMBER \nOR DESCRIPTION \n\n(1) \n\nE 160a \n\n: \n\nCarotenes \nI) Mixed carotenes \nII) \n\nBeta-carotene \n\nE 160b \n\nAnnatto, blxln, \n\nnorblxln \n\nE 160c \n\nPaprika \ncapsanthln, \n\nextract, \n\ncapsorubln \n\nE 160d \n\nLycopene \n\nE 160e \n\nBeta-apo-8'-carotenal \n\n(C 30) \n\nE 160f \n\nEthyl ester of \ncarotenlc \n\nacid (C 30) \n\nBeta-apo-8'-\n\n75130 \n40800 \n\n75120 \n\n40820 \n\n40825 \n\nE 161b \n\nLutein \n\nE 161g \n\nCanthaxanthln \n\nE 162 \n\nBeetroot Red, bet an in \n\nE 163 \n\nAnthocyanlns \n\nPrepared by physical means \nand vegetables \nfrom fruits \n\nE 170 \n\nCalcium carbonate \n\nE 171 \n\nTitanium \n\ndioxide \n\nE 172 \n\nIron oxides and hydroxides \n\n77220 \n\n77891 \n\n77491, 77492 \n77499 \n\nE 173 \n\nAluminium \n\nE 174 \n\nSI I ver \n\nE 175 \n\nGold \n\nE 180 \n\nLitholrublne BK \n\n(1) Colour \n\nIndex numbers are taken \n\nfrom the 3rd edition \n1315. Also amendments 37-40 (125), 41-44 (127-50), \n(132-50), 53-56 \n\n(135). 1982, volumes 1-7, \n49-52 \n45-48 (130), \n\n\f- // -\n\nANNEX \n\nII \n\nFOODSTUFFS WHICH MAY NOT CONTAIN ADDED COLOURS, EXCEPT WHERE \nSPECIFICALLY PROVIDED FOR IN ANNEX I I I, ANNEX IV OR ANNEX V \n\n(including \n\n(2) \n\noil \n\n(*) \n\n(**) \n\n80/777/EEC(1) \n\n76/118/EEC(*\"') \n\nIn the directive \n\nUnprocessed foodstuffs \nMineral water as mentioned In directive \nMilk, semi-skimmed and skimmed milk, pasteurized or sterilized \nUHT sterf11 sat Ion) \nFermented mllk(**) \nPreserved milks as mentioned \nButter-mi \nIk(**) \nCream and cream powder(**) \nVirgin oils and olive \nEgg yolk, egg white, whole egg and egg powder \nFlour and starch \nBread \nPasta \nSugars as defined \nTomato paste and tomato preserves \nFruit Juice and fruit \nFruit \npreserves \nExtra Jam, extra Jelly, \n79/693/EEC(5) \nFish, meat and poultry \nCocoa and chocolate products as mentioned \nInstant \nCoffee, \nincluding \nand infusions, \nTea, tea extracts \nSpices \nWine as defined by the regulation \nFoods for \n89/398/EEC(8) \nHoney \n\nInfants and young children as mentioned \n\nand chestnut puree as mentioned \n\nnectar as mentioned \n\n73/437/EEC(3) \n\n87/822/EEC(7) \n\nIn directive \n\nIn directive \n\nin directive \n\nIncluding \n\ninstant \n\ncoffee \n\nIn \n\ntea mixes \n\ndirective \n\n75/726/EEC(4) \n\nin the \n\ndirective \n\n73/241/EEC(6) \n\n(*) Within \n\nthe meaning of \n\nthis directive, \nthat have not undergone any treatment \nchange In the original \n\nfoodstuffs \nsubstantial \nthey may have been, \nskinned, pared, peeled, ground, cut, cleaned, \nchlI \n\nfor example, divided, \n\nstate of \n\nled. unprocessed \n\nfoodstuffs \n\nare \n\nresulting \nthe foodstuffs. in a \n\nHowever, \n\nparted, severed, boned, \n\ntrimmed, \n\nfrozen or \n\n(**) \n\nunfIavoured \n\np. 1 \n(1) OJ L229,30. 8. 80, \n(2) OJ L24,30. 1. 76, \np. 49 \n(3) OJ 1356,27. 12. 73 p. 71 \np. 40 \n(4) OJ L311,1. 12. 75, \n\n(5) OJ L205,13. 8. 79, \n(6) OJ L63. 5. 3. 74, \n(7) OJ 184,27. 3. 87, \n(8) OJ L186. 30. 6. 89, \n\np. 5 \np. 34 \np. 1 \n\np. 27 \n\n\f- 12 -\n\nANNEX \n\nIII \n\nFOODSTUFFS TO WHICH ONLY CERTAIN PERMITTED COLOURS MAY BE ADDED \n\nFOODSTUFFS \n\nPERMITTED COLOUR \n\nMAXIMUM LEVEL \n\nWholemeal, brown or \nmalt bread \n\nE 150a Plain \nE 150b Caustic \n\ncaramel \n\nquantum \n\nsatis \n\nsulphite \ncaramel \n\nE 150c Ammonia \n\ncaramel \n\nE 150d \n\nSulphite \n\nammonia \ncaramel \n\nBeer \n\nE 150a Plain \nE 150b Caustic \n\ncaramel \n\nquantum \n\nsatis \n\nsulphite \ncaramel \n\nE 150c Ammonia \n\ncaramel \n\nE 150d \n\nSulphite \n\nammonia \ncaramel \n\nE 160a Carotenes \nAnnatto, \nE 160b \nB/xln, \nNorblxln \n\nquantum \n\nsatis \n\nE 100 Curcumln \nE 160a Carotenes \nE 160b Annatto, \nNorblxln \n\nB/xln \n\nquantum \n\nsatis \n\nButter \nfat butter \nbutter) \n\n(Including \n\nreduced \nand concentrated \n\nMargarine, ml narine, \nother \nfat emulsions, \nessentially \n\nfree \n\nand fats \n\nfrom water \n\n\f- 13 -\n\nFOODSTUFFS \n\nPERMITTED COLOUR \n\nMAXIMUM LEVEL \n\nCheese \n\nRefined \n\nexcept oIIve \nrestoration \n\nvegetables \noil \nonly) \n\nE 131 Patent blue V \nE 140 ChlorophylIs \nand chloro- \nphylltns \nE 141 Copper \n\ncomplexes of \nchlorophylIs \nand chloro- \nphyllins \n\nE 153 \n\nVegetable \n\ncarbon \n\nE 160a Carotenes \nE 160b Annatto, \n\nBlxln, \nNorblxln \nE 171 Titanium \n\ndioxide \n\nq \nu \na \nn \nt \nu \nm \n\ns \na \nt \nI \ns \n\noils \n\n(for \n\ncolour \n\nE 100 Curcumln \nE 160a Carotenes \nE 160b Annatto, \n\nNorblxln \n\nBlxln \n\nquantum \n\nsatis \n\nChorizo \n\nE 120 Cochineal, \n\n200 mg/kg \n\nSobrasada \n\nCarmlnlc \nCarmines \n\nacid, \n\nE 124 Ponceau 4R, \n\nCochineal \nRed A \n\nE 110 Sunset \n\nyellow FCF \nE 124 Ponceau 4R \n\nCochineal \nRed A \n\n250 mg/kg \n\n135 mg/kg \n\n200 mg/kg \n\n\f- 14 -\n\nFOODSTUFFS \n\nPERMITTED COLOUR \n\nMAXIMUM LEVEL \n\n\"Pasturmas\" \nexternal \n\ncoating) \n\n(edible \n\neg \n\ncervelat, \n\nhot dog), \n\n(Including \n\nSausages \nsalami, \npates, meat pies and \nluncheon meat, burger meat \ncontaining \nmeat/fat \nminimum of 6% of cereals \n\nminimum content \n\nof 82% and a \n\nE 100 Cur cum In \nI) \nE 101 \n\nRiboflavin \n\nE 120 \n\nII) Riboflavin \n-5'-\nphosphate \nCochineal, \n\nCarminic \nCarmines \n\nacid, \n\nquantum \n\nsatis \n\nE 100 Curcumln \nE 110 Sunset yellow \nE 120 Cochineal, \n\n20 mg/kg \n50 mg/kg \n100 mg/kg \n\ncarminic \n\nacid, \n\ncarmines \n\nE 124 Ponceau 4R \nE 129 Allura Red \nE 150a Plain \nE 150b Caustic \nsulphite \ncaramel \n\ncaramel \n\nE 150c Ammonia \n\ncaramel \nE 150d Sulphite \nammonia \ncaramel \n\nE 160a Carotenes \nE 160b Annatto \n\nBlxln, \nNorblxln \nE 160c Paprika \nextract \nCapsanthin, \nCapsorubin \n\n, \n\n40 mg/kg \n150 mg/kg \n\nquantum \nquantum \n\nsatis \nsatis \n\nquantum \n\nsatis \n\nquantum \n\nsatis \n\n20 mg/kg \n20 mg/kg \n\n10 mg/kg \n\nE 162 Beetroot \n\nred, \n\nquantum \n\nsatis \n\nbetanin \n\n\f- 15 \n\n-\n\nANNEX IV \n\nCOLOURS PERMITTED FOR CERTAIN USES ONLY \n\nCOLOUR \n\nFOODSTUFFS \n\nMAXIMUM LEVEL \n\nE 127 \n\nErythroslne \n\nCocktail \n\ncherries \n\nand \n\ncandled \n\nCherries \n\ncherries \nIn syrup and \n\n200 mg/kg \n\ncherries \n\nIn \n\ncocktails \n\n150 mg/kg \n\nE 128 Red 2G \n\nSausages and burgers with a \n\n20 mg/kg \n\nstarch \nthan 6 % \n\ncontent \n\nof more \n\nDecorations \nVegetable \n\nand \nprotein \n\ncoatings \nflour \n\nE 154 Brown FK \n\nSmoked and cured \n\nfish \n\nE 161g \n\nCanthaxanthln \n\nCooked sausages \n\nE 173 \n\nAluminium \n\nExternal \n\ncoating \n\nconfectionery \ndecoration \nand \n\nof \npastries \n\nsugar \nthe \n\nof \nfor \ncakes \n\nE 174 \n\nSliver \n\nExternal \n\ncoating \n\nof \n\n50 mg/kg \n150 mg/kg \n\n20 mg/kg \n\n30 mg/kg \n\nquantum \n\nsatis \n\nconfectionery \nexcluded) \n\nLiqueurs \n\n(chocolate \n\nquantum \n\nsatis \n\nE 175 Gold \n\nExternal \n\ncoating \n\nof \n\nconfectionery \nexcluded) \n\nLiqueurs \n\n(chocolate \n\nquantum \n\nsatis \n\nE 180 Lltholrublne \n\nBK \n\nEdible Cheese \n\nsurface \n\nquantum \n\nsatis \n\n\f- 16 \n\n-\n\nANNEX y \n\nCOLOURS PERMITTED IN FOODSTUFFS OTHER THAN \n\nTHOSE MENTIONED IN ANNEX II AND III \n\n1. The following colours may be used in all foodstuffs other than those \n\nlisted in Annex II, III at quantum satis : \n\nE 101 \n\nI) Riboflavin \n\nii) Riboflavin-5'-phosphate \n\nE 140 Chlorophylls and chlorophylI ins \n\nE 141 \n\nCopper complexes of chlorophylls and chlorophyll ins \n\nE 150a Plain caramel \n\nE 150b Caustic sulphite caramel \n\nE 150c Ammonia caramel \n\nE 150d Sulphite ammonia caramel \n\nE 153 Vegetable carbon \n\nE 160a Carotenes \n\nE 160c Paprika extract, capsanthin, capsorubin \n\nE 162 Beetroot red, betanin \n\nE 163 Anthocyanins \n\nE 170 Calcium carbonate \n\nE 171 \n\nTitanium dioxide \n\nE 172 \n\nIron oxides and hydroxides \n\n\f- 17 -\n\n2. (*) \n\nThe following \nfollowing \n\ncolours may be used singly or \nfoods up to the maximum level specified \n\nIn combination \n\nin the \n\nthe \n\nin \ntable. E 100 \n\nCurcum In \n\nE 102 \n\nTartrazlne \n\nE 104 Qui noil ne Yellow \n\nE 110 \n\nSunset Yellow FCF \nOrange Yellow S \n\nE 120 \n\nCochineal, Carminic acid, Carmines \n\nE 122 \n\nAzorublne, \n\nCarmolslne \n\nE 123 \n\nAmaranth \n\n(*) \n\nE 124 \n\nPonceau 4R, Cochineal Red A \n\nE 129 \n\nAllura Red AC \n\nE 131 \n\nPatent Blue V \n\nE 132 \n\nIndIgotIne, \n\nIndigo Carmine \n\nE 133 \n\nBrilliant \n\nBlue FCF \n\nE 142 Green S \n\nE 151 \n\nBrilliant \n\nBlack BN, Black PN \n\nE 155 \n\nBrown HT \n\nE 160b Annatto, Blxln, \n\nNorblxln \n\nE 160d Lycopene \n\nE 160e Beta-apo-8'-carotenal \n\n(C 30) \n\nE 160f Ethyl ester of Beta-apo-8'- \n\ncarotenic \n\nacid \n\n(C 30) \n\nE 161b \n\nLutein \n\nFor E 123 Amaranth, \n30 mg/l as \n\nappropriate. the maximum level should not exceed 30 mg/kg or \n\n\f- 18 -\n\nFOODSTUFFS \n\nMAXIMUM LEVEL \n\nNon-alcoholic \n\nflavoured \n\ndrinks \n\n(*) \n\nJams, Jellies, \n\nmarmelades and other \n\nsimilar \n\nfruit \n\npreparations \n\nCandled \n\nfruits \n\nPreserves \n\nof \n\nred \n\nfruits \n\nConfectionery \n\nDecorations \n\nand coatings \n\n(*) \n\nBreakfast \n\ncereals \n\nFine bakery wares \n\n(e. g. viennolserle, \n\nbiscuits, \n\ncakes and wafers) \n\n(*) \n\nEdible \n\nices \n\n(*) \n\nProcessed \n\ncheese \n\nDesserts \n\n(*) \n\nVegetables \n\nand fruits \n\nin vinegar, \n\nbrine or \n\noil \n\nSauces, Seasonings and condiments \n\n(*) \n\nMustard \n\nFish and crustacean \n\npastes, \n\nfish \n\nroe, \n\nsalmon \n\nsubstitute, \n\nsur Iml, smoked or preserved \n\nfish \n\nReady-to-eat \n\nsavouries \n\n100 mg/l \n\n200 mg/kg \n\n200 mg/kg \n\n200 mg/kg \n\n300 mg/kg \n\n500 mg/kg \n\n200 mg/kg \n\n200 mg/kg \n\n150 mg/kg \n\n200 mg/kg \n\n150 mg/kg \n\n150 mg/kg \n\n500 mg/kg \n\n300 mg/kg \n\n500 mg/kg \n\n200 mg/kg \n\nEdible \n\ncheese \n\nrind and edible \n\ncollagen \n\ncasings \n\nquantum \n\nsatis \n\nFruit wines, \n\naromatized wines and spirits \n\n(*) \n\nCider or \n\nperry \n\nFormulae \n\nfor particular \n\nnutritional \n\nuses \n\n(*) \n\nDietary \n\nsupplements \n\nSoups and \n\nbrothsC\") \n\nCanned mushy and processed \n\nlegumes \n\nVegetable \n\nprotein \n\nflour \n\n200 mg/l \n\n100 mg/l \n\n50 mg/kg \n\nquantum \n\nsatis \n\n300mg/kg \n\n200 mg/kg \n\n100 mg/kg \n\n(*) Maximum levels \naccording \n\nto \n\nrefer \n\nto ready-for-consumptIon \n\nfoodstuffs \n\nprepared \n\nthe manufacturer's \n\ninstruct \n\nIons. ISSN 0254-1475 \n\nCOM(91) 444 final \n\nDOCUMENTS \n\nEN \n\nOS 10 \n\nCatalogue number : CB-CO-91-505-EN-C \n\nISBN 92-77-77483-5 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2cd0b1c6-7bca-48e2-9e54-ee476f77ce43", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council decision adopting a specific research and technological development programme in the field of controlled thermonuclear fusion (1990 to 1994)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Industry, Research and Energy,European Parliament", "date": "1991-12-10", "subjects": "Joint European Torus,nuclear fusion,research and development,research programme", "workIds": "celex:51991AP0311", "eurovoc_concepts": ["Joint European Torus", "nuclear fusion", "research and development", "research programme"], "url": "http://publications.europa.eu/resource/cellar/2cd0b1c6-7bca-48e2-9e54-ee476f77ce43", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/29bd2f9f-39fc-4624-a3a7-ce74774e6220", "title": "Amended Proposal for a COUNCIL DECISION adopting a specific research and technological development programme in the field of Measurements and Testing ( 1990-1994 )", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_other,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "metrology,research and development,research body,testing", "workIds": "celex:51991PC0503,comnat:COM_1991_0503_FIN,oj:JOC_1992_004_R_0006_01", "eurovoc_concepts": ["metrology", "research and development", "research body", "testing"], "url": "http://publications.europa.eu/resource/cellar/29bd2f9f-39fc-4624-a3a7-ce74774e6220", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "\u00ee. 'OMy\u00efISSION OF THE EUROPEAN C 0 M M U N I T I1 \n\nC0M(91) 503 \n\nf i n al - SYN 262 \n\nB r u s s e l s, \n\nIfJDecember 1991 \n\nAmended Proposal \n\nf or a \n\nCOUNCIL DECISION \n\nadopting a specific research and technological development \n\nprogramme in the field of Measurements and Testing \n\n(1990-1994) \n\n(presented by the Commission pursuant to Article 149(3) \n\nof the EEC Treaty) \n\n\fEXPLANATORY MEMORANDUM \n\nThe Commission presented its proposal (COM(90)157) to the Council on 28 May 1990. The European Parliament expressed its opinion at the first reading on 20th November 1991, \nadopting 31 amendments. The Commission is amending its initial proposal, accepting 17 amendments (n\u00b0 1, 2, 3, 6, 7, 8, 11, \n13, 14, 15, 17, 18, 19, 21, 22, 24 and 25) with minor rewording. The Commission is not accepting those amendments that it considers not to be in conformity with \nthe conclusions of the Trilogue of 17 April 1991 and which differ from the harmonized text of \nthe specific Programmes already adopted. As indicated at the plenary session of 19 November, the Commission also proposes to reduce by \n2 MECU the funds deemed necessary for the execution of the Programme (article 2) to allow \nreinforcement of the corresponding activity to be carried out by JRC. CONTENTS \n\nntmcik KCISIOH \n\n\u2022Jopl^\u00bb\u00abpeci6eicKwcfaMdlerlMnlr>pFJdcwtopweBt \n\nlpwigpiMiriifh-11-r-'-*\" \n\n- \" \" - ^| \n\n(1990-1994) \n\nANNEXI \nScientific and technical objectives and content \n\nANNEXH \nIndicative breakdown of the amounts deemed necessary \n\nANNEXffl \nRules for implementing the programme \n\nPage \n\n3 \n\n11 \n\n16 \n\n17 \n\n\fAmended Proposal for a \n\n\u00c7QVN\u00c7II PE\u00c7ISIW \n\nadopting a specific research and technological development \n\nprogramme in the field of Measurements and Testing \n\n(1990-1994) \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, and in particular \n\nArticle 130q(2) thereof, \n\nHaving regard to the proposal from the Commission,(1) \n\nin cooperation with the European Parliament, w \n\nHaving regard to the opinion of the Economic and Social Committee, 0) \n\n(1> \n(2) \n(J) \n\nOJ No C \nOJ No C \nOJ No C \n\n\fWhereas by its Decision 90/221/Euratom, EEC4), the Council adopted a third framework \n\nprogramme for Community activities in the field of research and technological development \n\n(1990-1994), specifying inter alia the actions required, for improved harmonisation of testing \n\nmethods, of measurements and analysts, for the elimination of certain barriers to trade in the large \n\ninternal market; whereas this Decision should be taken in the light of the grounds set out in the \n\npreamble to that Decision; \n\nWhereas Article 130k of the Treaty stipulates that the framework programme is to be \n\nimplemented through specific programmes developed within each activity; \n\nWhereas the Joint Research Centre contributes to the realisation of these actions, by means of \n\nits own programme; \n\nWhereas fundamental research must be specifically encouraged throughout the Community in the \n\nfield of measurement and testing. Whereas in addition to the specific programme concerning human resources and mobility, it might \n\nbe necessary to encourage the training of research workers and engineers in the context of this \n\nprogramme; \n\nWhereas in the context of this programme it is desirable that an assessment be made of the \n\neconomic and social impact as well as of any technological risks; \n\nWhereas, pursuant to Article 4 and Annex I of Decision 90/221/Euratom, EEC, the amounts \n\nestimated as necessary for the whole framework programme include an amount of ECU 57 million \n\nfor the centralized dissemination and exploitation of results, to be divided up in proportion to the \n\namount envisaged for each specific programme; \n\n(<) \n\nO J No L 117, 8. 5. 1990, p. 28. 5. Whereas Decision 90/221/Euratom, EEC provides that a particular aim of Community research \n\nmust be to strengthen the scientific and technological basis of European industry, and to \n\nencourage it to become more competitive at the international level; whereas that Decision also \n\nprovides that Community action is justified where research contributes, inter alia, to the \n\nstrengthening of the economic and social cohesion of the Community and to the promotion of \n\nits overall harmonious development, while being consistent with the pursuit of scientific and \n\ntechnical excellence; whereas this programme should contribute to the achievement of these \n\nobjectives; \n\nWhereas small and medium-sized enterprises (SME) should be involved to the maximum extent \n\npossible in this programme; whereas account should be taken of their special requirements \n\nwithout prejudice to the scientific and technical quality of this programme; \n\nWhereas, in accordance with Article 130g of the Treaty, the Community's activities aimed at \n\nstrengthening the scientific and technological basis of European industry and encouraging it to \n\nbecome more competitive include promoting cooperation on research and \n\ntechnological \n\ndevelopment with third countries, particularly the countries of Eastern Europe, and international \n\norganizations; whereas such cooperation may prove particularly beneficial for the development \n\nof this programme; \n\nWhereas it is necessary, as Annex II to Decision 90/221/Euratom, EEC, provides, that the \n\nlaboratories of the Member States are equipped with the technical means necessary to carry out \n\nmeasurements and tests in a harmonised manner and are able to have the validity of their \n\nrespective results recognised. Whereas the Scientific and Technical Research Committee (CREST) has been consulted, \n\n6. HAS ADOPTED THIS DECISION: \n\nArticle 1 \n\nA specific research and technological development programme in the field of measurements and \n\ntesting, hereafter referred to as the \"programme\", as defined in Annex I, is hereby adopted for \na period running from \n\nw to 31 December 1994. Article 2 \n\n1. The funds estimated as necessary for the execution of the programme amount to \n\nECU 47. 52 million, including expenditure on staff and administration amounting to \n\nECU 9 million. 2. An indicative allocation of funds is set out in Annex II. 3. Should the Council take a decision pursuant to Article 1(4) of Decision 90/221/Euratom, \n\nEEC, this Decision shall be adapted accordingly. Article 3 \n\nDetailed rules for the implementation of the programme and the amount of the Community's \n\nfinancial contribution are set out in Annex 111. (\u00bb) \n\nDale of adoption by the Council. Article 4 \n\n1. In the Course of the second year of implementation of the programme, the Commission \n\nshall review it and send a report on the results of its review to the European Parliament \n\nand the Council. This report shall be accompanied, where necessary, by proposals for \n\namendment of the programme. 2. At the end of the programme, an evaluation of the results achieved shall be conducted \n\nfor the Commission by a group of independent experts. This group's report, together with \n\nany comments by the Commission, shall be submitted to the European Parliament and the \n\nCouncil. 3. The reports referred to in paragraphs 1 and 2 shall be established having regard to the \n\nobjectives set out in Annex I to this Decision and in accordance with Article 2(4) of \n\nDecision 90/221/Euratom, EEC. Article 5 \n\n1. Contracts concluded by the Commission shall govern the rights and obligations of each \n\nparty, in particular the arrangements for the dissemination, protection and exploitation of \n\nresearch results, in accordance with the provisions adopted pursuant to the second \n\nparagraph of Article 130k of the Treaty. 2. A work programme shall be drawn up in accordance with the aims set out in Annex I and \n\nupdated where necessary. It shall set out the detailed objectives and types of projects to \n\nbe undertaken, and the corresponding financial arrangements to be made for them. The \n\nCommission shall make calls for proposals for projects on the basis of the work \n\nprogramme. Article 6 \n\na \n\n1. ITie Commission shall be responsible for the implementation of the programme. It shall \n\nbe assisted by a Committee of an advisory nature composed of the representatives of the \n\nMember States and chaired by the representative of the Commission. 2. In the cases referred to in Article 7(1), the representative of the Commission shall submit \n\nto the Committee a draft of the measures to be taken. The Committee shall deliver its \n\nOpinion on the draft within a time-limit which the Chairman may lay down according to \n\nthe urgency of the matter, if necessary by taking a vote. 3. The Opinion shall be recorded in the minutes; in addition, each Member State shall have \n\nthe right to ask to have its position recorded in the minutes. 4. The Commission shall take the utmost account of the Opinion delivered by the \n\nCommittee. It shall inform the Committee of the manner in which its Opinion has been \n\ntaken into account \n\nArticle 7 \n\n1. The procedure laid down in Article 6 shall apply in particular to: \n\nthe preparation and updating of the work programme referred to in Article 5(2); \n\n\f9. the contents of the calls for proposals; \n\nthe assessment of the research projects provided for in Annex III and the estimated \n\namount of the Community's contribution to them; \n\ndepartures from the general rules set out in Annex III; \n\nthe participation in any project of non-Community organizations and enterprises referred \n\nto in Article 8; \n\nany adaption of the indicative allocation of the funds set out in Annex II; \n\nthe measures to be undertaken to evaluate the programme; \n\nthe arrangements for the dissemination, protection and exploitation of the results of \n\nresearch carried out under the programme; \n\n2. The Commission shall inform the Committee on the implementation of the accompanying \n\nmeasures and concerted actions referred to in Annex III. Article 8 \n\n1. The Commission is hereby authorized to negotiate, in accordance with Article 130n of the \n\nTreaty, international agreements with third countries which are members of COST, in \n\nparticular the member countries of EFTA and the countries of Central and Eastern \n\nEurope, with a view to associating them with all or part of the programme. 2. When framework agreements for scientific and technical co-operation have been \n\nconcluded between the Community and European non-Member States, bodies and \n\nenterprises established in those countries may, in accordance with the procedures laid \n\ndown in Article 6 and on the basis of the criterion of mutual benefit, be allowed to \n\nbecome partners in a project undertaken within the programme. No contracting body based in the countries referred to in paragraph 2 and participating \n\nas a partner in a project undertaken under the programme may benefit from Community \n\nfinancing for this programme. Such a body shall contribute to the general administrative \n\n10. costs. Article 9 \n\nThis Decision is addressed to the Member Stales. Done at Brussels, \n\nFor the Council \n\nThe President \n\n\fAnnex I \n\n11. SCIENTIFIC AND TECHNICAL OBJECTIVES AND CONTENT \n\nThis specific programme fully reflects the approach embodied in the Third Framework Programme \n\nin terms of the scientific and technical goals and the underlying aims which it pursues. Paragraph 2C of Annex II of the Framework Programme forms an integral part of the present \n\nspecific programme. The aim is to achieve better harmonisation of measuring, analytical and testing methods. To \n\nattain this objective, advances must be made in measurements, testing techniques and chemical \n\nanalyses where they are not sufficiently accurate and therefore laboratories cannot mutually agree \n\non their results and where the measurement methods are insufficient to satisfy the new challenges \n\nin industry, in the monitoring of the environment, food quality and health. The research activities will be closely connected to the requirements of the Internal Market (as \nin the White Paper(S) on the Completion of the Internal Market) and to the \n\nspecified \n\nimplementation of specific Community policies. Close coordination with the relevant research \n\nprogrammes of the Community, and of the Member States, especially in the field of methods and \n\nstandardization, will also be assured. The following presents an analytical description of the content of the programme, based on and \n\ntaking account of the above elements. 0) \n\nC OM (85)310 \n\n\f12. Area 1. Support to Regulations and Directives \n\nThe aim is to improve methods of obtaining reliable and internationally accepted results for the \n\napplication of Directives, in particular, on food products, industrial products, and environment and \n\nhealth. Hie work will consist in developing, improving or harmonizing the test methods required for the \n\nimplementation of existing Directives and the preparation of new Regulations and Directives. Accordingly, work will concentrate, in particular, on: \n\nanalysis of agricultural products, including animal feeding stuffs, \n\nanalysis of prepared foodstuffs, \n\nmeasurement of contaminants in the air, in water and in soil (including bacterial \n\ncontamination), \n\nmeasurement of noise and of harmful substances in the workplace, \n\nbiomedical analysis, \n\ntesting of industrial products. For existing Regulations and Directives, collaboration between the different laboratories will be \n\nencouraged so as to help overcome difficulties \n\nin the application and harmonization of \n\nmethodologies. Area 2. Sectoral testing problems \n\n13. The aim will be to contribute to the implementation of \"the Global Approach to Conformity \nAssessment\" of industrial products (Council Resolution of 21/12/1989(<)) through support to \n\nEuropean Standardization, laboratory accreditation and mutual recognition. The work will consist in developing collaborative projects to improve measuring and testing \n\ntechniques for industrial products where different laboratories within a particular industrial sector \n\ndo not agree on their results. This will include: \n\ncollaborative projects for improving or developing new testing methods which are likely \n\nto become European standards (CEN, CENELEC) where advances in the corresponding \n\nfield are insufficient for the introduction of a directive on a given product \n\ncollaborative projects for the improvement of standardized measuring and testing methods \n\nwhere the application thereof presents difficulties. support for the organization of comparative studies amongst laboratories where this is \n\nnecessary to facilitate mutual recognition agreements amongst test laboratories. In this context encouragement will be given to the setting up of an interlabOratory methodology \n\nand sample exchange network to maintain a high level of reliability and efficiency. Support will \n\nlilso be given to the harmonization of operating methods and practices by organizing exchanges \n\nof operators. <*> \n\nOJNoO|\u00ab/l(k,/l/l9\u00ab*l) \n\n\fArea 3. Common means of calibration for the Community \n\n14. The objective is to support projects to develop the calibration means required by testing \n\nlaboratories in the Community, to ensure that measurements and tests are done on a common \n\nbasis and can be compared also with measurements done outside the Community. With regard to physical measurements, transfer standards will be developed to enable smaller \n\nnational metrology laboratories to establish relations with larger organizations (with a view to \n\nestablishing the traceability of the measurements). This will be done with particular attention to \n\nthe needs of the newer Member States. With regard to chemical analyses, reference materials will be developed for the most important \n\nparameters of the measurements made in the food sector, agriculture, the environment, health \n\nand hygiene at the workplace, biomedical analysis and industrial products, as described in \n\nArea 1. ******* \n\n\fArea 4. Development of new methods of measurements \n\n15. The aim is to develop new methods of measurements and analysis as required by Community \n\npolicies. Basic research will be undertaken to achieve this aim. Such development will concentrate on: \n\nR&D on measurement principles which could lead to new types of instrumentation \n\nnew measurement methods in the specialist areas mentioned above (Area 1), in particular \n\nthe determination of the chemical form of polluting elements (speciation), food and \n\nbiomedical analyses. The work will be carried out in coordination with other specific R&D programmes within the \n\nframework programme. INDICATIVE BREAKDOWN OF AMOUNTS DEEMED NECESSARY \n\nAnnex II \n\n16. Area 1. Area 2. Area 3. Area 4. Support to Regulations and directives \n\nSectoral testing problems \n\nSupport to means of calibration \n\nDevelopment of new methods of measurements \n\n20 - 30 % \n\n20 - 30 % \n\n20 - 30 % \n\n20 - 30 % \n\nThe breakdown between different areas does not exclude the possibility that projects could cover \n\nseveral areas. (1) \n\nIncluding expenditure on staff amounting to 6 MECUs and administration expenditure \n\ntotalling 3 MECUs. (2) \n\nAn amount deemed necessary of 0. 48 MECUs, not included in the 47. 52 MECUs, will be \n\nearmarked as the contribution from this specific programme to the centralized scheme for \n\nthe dissemination and exploitation of results. An amount equivalent to at least 10% of the total shall be used for projects encouraging \n\nfundamental research which shall be clearly identified. An amount equivalent to at least 2% of the total shall be devoted to projects encpuraging the \n\ntraining ofresearchers in the fields covered by this specific programme. RULES FOR IMPLEMENTING THE PROGRAMME \n\nAnnex III \n\n17. 1. The Commission will implement the programme on the basis of the objectives and the \n\nscientific and technical content described in Annex I. 2. The rules for implementing the programme, referred to in Article 3, comprise research \n\nand technological development projects, accompanying measures and concerted actions. Selection of projects must take account of the criteria listed in Annex III to Decision \n\n90/221/Euratom, EEC and of the objectives set out in Annex I to this programme. Research projects \n\nThe projects will be the subject of share-cost research and \n\ntechnological \n\ndevelopment contracts and Community financial participation will not normally be \n\nmore than 50%. Universities and other research centres participating in shared-\n\ncost projects will have the option of requesting, for each project, either 50% \n\nfunding of total expenditure or 100% funding of the additional marginal costs. Shared-cost research projects must, as a general rule, be carried out by \n\nparticipants established within the Community. The projects, which may involve, \n\nfor example, universities, research organizations and industrial firms, including \n\nsmall and medium-sized enterprises, must, as a general rule, provide for \n\nparticipation by at least two mutually independent partners established in different \n\nMember States. Contracts relating to shared-cost research projects must as a \n\ngeneral rule be concluded following a selection procedure based on calls for \n\nproposals published in the Official Journal of the European Communities. Concerted actions \n\n18. Concerted actions consist of action by the Community to co-ordinate: the individual research \n\nactivities carried out in the Member States. They may benefit from funding of up to 100% of co \n\nordinating expenditure. Accompanying measures \n\nThe accompanying measures referred to in Article 7 and described in -Annex I will in particular \n\nbe implemented through: \n\nthe organization of seminars, workshops and scientific conferences; \n\ninternal co-ordination through the creation of integrating groups (in particular between \n\ntesting laboratories); \n\ntraining of specialists; \n\nstorage and dissemination of the reference materials certified at Community level; \n\npromotion of the exploitation of results; \n\nindependent scientific and strategic evaluation of the operation of the projects and the \n\nprogramme. 3. The knowledge acquired in the course of the projects will be disseminated both within the \n\nspecific programme and by means of a centralized activity, pursuant to the Decision \n\nreferred to in the third subparagraph of Article 4 of Decision 90/221/Euratom, EEC. ISSN 0254-1475 \n\nCOM(91) 503 final \n\nDOCUMENTS \n\nEN \n\n15 \n\nCatalogue number : CB-CO-91-567-EN-C \n\nISBN 92-77-78512-8 \n\nOffice for Official Publications of the European Communities \nLr2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/750d4efe-8459-41a8-a30e-f52d66dbbd51", "title": "91/650/EEC: Commission Decision of 10 December 1991 on the establishment of an addendum to the Community support framework for Community structural assistance in Ireland on the improvement of the conditions under which agricultural products are processed and marketed (Only the English text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-10", "subjects": "EU financing,Ireland,agricultural product,marketing", "workIds": "celex:31991D0650,oj:JOL_1991_350_R_0051_053", "eurovoc_concepts": ["EU financing", "Ireland", "agricultural product", "marketing"], "url": "http://publications.europa.eu/resource/cellar/750d4efe-8459-41a8-a30e-f52d66dbbd51", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7885fbba-5d12-41cd-8ec8-68e9e35c202a", "title": "WRITTEN QUESTION No. 2905/91 by Mr Luigi VERTEMATI , Mr Andrea BONETTI , Mr Roberto SPECIALE , Mr Gerardo GAIBISSO and Mr Vincenzo MATTINA to the Commission. Order on the disposal of waste from packaging (Toepfer Order issued by the German Government on 12 June 1991, FRG Official Gazette No. 36 of 20 June 1991)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "BONETTI,European Parliament,GAIBISSO,MATTINA,SPECIALE,VERTEMATI", "date": "1991-12-09", "subjects": "EU law - national law,Germany,decree,free movement of goods,packaging,trade restriction,waste disposal", "workIds": "celex:91991E002905", "eurovoc_concepts": ["EU law - national law", "Germany", "decree", "free movement of goods", "packaging", "trade restriction", "waste disposal"], "url": "http://publications.europa.eu/resource/cellar/7885fbba-5d12-41cd-8ec8-68e9e35c202a", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/5ed076f0-e378-47d8-a9a4-94ece8d7378a", "title": "Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) No 4134/86 on the arrangements for imports of certain textile products originating in Taiwan", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-09", "subjects": "Taiwan,quantitative restriction,textile product", "workIds": "celex:51991PC0518,comnat:COM_1991_0518_FIN", "eurovoc_concepts": ["Taiwan", "quantitative restriction", "textile product"], "url": "http://publications.europa.eu/resource/cellar/5ed076f0-e378-47d8-a9a4-94ece8d7378a", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91)518 f l n al \n\nBrussels, 9 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\namending Regulation (EEC) No 4134/86 \non the arrangements for imports of certain textile products \noriginating in Taiwan \n\n(presented by the Commission) \n\n\f^ \n\nEXPLANATORY MEMORANDUM \n\n1. The Council Regulation establishing autonomous arrangements for imports \n\nof textile products from Taiwan expires on 31 December 1991. 2. In the light of overall Community commercial policy for textiles, the \n\nimport arrangements for Taiwan should be maintained. Since 1982, with regard to trade in textiles, the economic provisions \nand duration of the Community arrangements for Taiwan have been no \ndifferent than those for equivalent suppliers (Hong Kong, South Korea), \nand the Regulation should therefore have carried over 1991 arrangements \ninto 1992 unchanged, as had been decided for other MFA suppliers. 3. However, on 1 April 1991, Taiwan brought In liberalized arrangements for \nalcohol and spirits which discriminate against the Community. The tax \nlevel for whiskies from the Community is double that for other whiskies \n(United States). In addition, liberalization for other spirits, \nincluding brandies, will not occur until 1 September 1992. In order to \nexert pressure on the Taiwanese authorities, as in 1987, and in \naccordance with the information given to them several months ago, it is \nproposed that the original quotas for 1992 be reduced by 5%. 4. If Taiwan returns to a situation of non-discrimination, the quotas \n\ninitially estabIished for 1992 will be restored as soon as possible. 5. The attached draft Regulation amends Regulation (EEC) No 4134/86,1 with \nthe aim of extending its validity and laying down quantitative limits \nfor 1992. 6. The Commission is accordingly requested to adopt the attached draft \n\nRegulation before 1 January 1992. 1 OJ L 387, 31. 12. 1986, p. 43. ) \n\n'? \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No \nof \n\namending Regulation (EEC) No 4134/86 \non the arrangements for imports of certain textile products \noriginating in Taiwan \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community \nand in particular Article 113 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas Council Regulation (EEC) No 4134/86 of 22 December 1986 on the \narrangements for imports of certain textile products originating in \nTaiwan,1 as last amended by Regulation (EEC) No 3059/90,2 a I locates \nshares of the Community quantitative quotas on imports and lays down the \narrangements for imports into the Community of the products in question up \nto 31 December 1991 ; \n\nWhereas the arrangements should be maintained beyond that date and \nadjusted as part of the revision of overall Community commercial policy \nfor textile products; \n\nWhereas in the light of the continuing uncertainty surrounding the \ntreatment Taiwan applies to products originating in the Community, 1992 \nquotas should be set at the levels laid down in Annex II-, whereas these \nlevels may, however, be adjusted to take account of changes in the \nsituation and restore the quotas originally established; \n\nWhereas, in order to ensure the best possible utilization of the Community \nquantitative limits, they should be allocated in accordance with the \nrequirements of the Member States; whereas, however, the extent of the \ndisparities existing in the conditions for importation of these products \ninto the Member States and the particularly sensitive position of the \nCommunity textiles industry mean that the said conditions can be \nstandardized only gradually; whereas, for these reasons, allocation of \nsupplies cannot immediately be effected on the basis of requirements \nalone; whereas the Member States' shares of the Community quantitative \nlimits for 1992 should be estabIished; \n\nWhereas the import arrangements currently in force expire on 31 December \n1991-, whereas it is necessary to provide for transitional arrangements in \nrespect of products shipped before 1 January 1992; \n\n1 OJ L 386. 31. 12. 1986, p. 1. 2 OJ L 294, 25. 10. 1990, p. 18. -'T \nWhereas Regulation (EEC) No 4134/86 should be amended in order to maintain \nits provisions in force, and whereas Annex II to that Regulation should be \namended in order to lay down the quantitative limits for 1992, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\nRegulation (EEC) No 4134/86 is hereby amended as follows: \n\n1. Article 1(1) is replaced by the following: \n\n\"1. From 1 January 1992 to 31 December 1992, imports into the Community \nof products of the categories listed in Annex I shall be governed by the \nprovisions of this Regulation. \" \n\n2. Article 2(1) and 2(4) are replaced by the following: \n\n\"1. For 1992, imports into the Community of textile products listed in \nAnnex II and originating in Taiwan shall be subject to quantitative \nquotas broken down in a manner which will bring about an orderly \nexpansion and development of the market for textiles and a gradual \nadjustment to the supply needs of the markets, allowing for carry-over \nand advance drawing between one year and another and for transfers \nbetween categories. The quotas for the period from 1 January to 31 December 1992 are shown \nin Annex II. \" \n\n\"4. After 1 January 1992, the release for free circulation in the \nCommunity of the products covered by this Regulation shall be subject to \nthe import arrangements in force before that date provided the products \nwere loaded in Taiwan before 1 January 1992. \" \n\n3. Article 2(7), 2(8) and 2(9), added by Regulation (EEC) No 1653/88,3 are \n\nhereby repealed. 4. In Article 6(2), 1 January 1983 Is replaced by 1 January 1987. 5. Article 13 is replaced by the following: \n\n\"Article 13 \n\nThis Regulation shall enter into force on 1 January 1992. It shall \napply until 31 December 1992. \" \n\n6. The descriptions and codes contained in Annex I to this Regulation \n\nreplace the descriptions and codes contained in Annex I for the same \ncategories. 3 OJ L 153, 18. 6. 1988. p. 1. 7. Annex II is replaced by Annex II to this R\u00e9gulation. Article 2 \n\nThis Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in \na 11 Member States. Done at Brussels, \n\nFor the CounciI, \n\nThe President, \n\n\fA N N EX \n\n-6 \n\nMen's or boys* woven breeches, shorts other than swimwear and \ntrousers (including slacks); women's or pris woven trousers and slacks, \nof wool, of cotton or of man-made fibres J, \nLower parts of tracksuits with lining, \nother than category n6 or 29, of cotton \nor of man-made fibres \n\n6203 \n6203 \n\u00a3203 \n6203 \n6203 \n6203 \n6203 \n6203 \n6203 \n6203 \n\n\u00ab1 10 \n4190 \n\u20224231 \n\u00ab2 33 \n\u00ab2 35 \n\u00ab2 90 \n\u00ab3 19 \n\u00ab3 90 \n\u00ab9 19 \n\u00ab9 50 \n\n6204 61 10 \n6204 62 31 \n62(H 62 33 \n620\u00ab 62. 39 \n620\u00ab 63 18 \n620\u00ab 69 18 \n6211 32 A2 \n6211 33 A2 \n6211 42 A2 \n6211 A3 A2 \n\n\f~+-\n\nMen's or boys' suits and ensembles, other than kniacd or crocheted, of \nwool, of cotton or of man-made fibres, excluding ski suits J \nMen's or boys' tracksuits with lining, \nwith an outer shell of a single identical \nfabric, of cotton or of man-made fibres \n\n16 \n\n6203 11 00 \n6203 12 00 \n6203 19 10 \n6203 19 30 \n6203 21 00 \n6203 22, 80 \n6203 23 80 \n6203 29 18 \n6241-32 31 \n6211 33 31 \n\n\f- d \u00b0-\n\nParkas; anoraks, windcheaters, waistcr jackets and the like, other than \nknitted or crocheted, of wool, of cotton or man-made fibres * \nUpper parts of tracksuits with lining^ \nother than category116 or 29, of cotton \nor of man-made fibres \n\n21 \n\nex 6201 12 10 \nex 6201 12 90 \nex 6201 13 10 \nex 6201 13 90 \n6201 91 00 \n6201 92 00 \n62019300 \n\nex 6202 \nex 6202 \nex 6202 \nex 6202 \n6202 \n6202 \n6202 \n\n12 10 \n12 90 \n13 10 \n13 90 \n9100 \n92 00 \n93 00 \n\n6211 32 A1 \n6211 33 A1 \n6211 A2 A1 \n6211 A3 A1 \n\n\f\u2022 - ?-\n\nWomen's or girls' suits and ensembles, other than knined or crocheted, \nof wool, of eortoci or man-made fibres, excluding ski suits ', \nWomen's or girls' tracksuits with lining \nwith an outer shell of a single identical \nfabric, of cotton or of man-made fibres \n\n29 \n\n620\u00ab 11 00 \n620\u00ab 12 00 \n620\u00ab 13 00 \n6204 19 10 \n6204 21 00 \n6204 22 80 \n6204 23 80 \n6204 29 18 \n\n6211 A2 31 \n6211 A3 31 \n\n\f-10 ~ \n\nANNEX \n\nI I \n\nQuantitative limits modifying Annex II \nof regulation (EEC) n' 4134/86 for the year 1992 \n\n(the descriptions of goods are shown in this table \nin an abbreviated forrn^1)) \n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nGROUP \n\nWoven fabr ics of \ncotton \n\nTAIWAN \n\nTons \n\n2A \n\nOf which : \nOther than unbleached \nor bleached \n\nTAIWAN \n\nTons \n\nWoven fabr ics of \nsynthetic fibres \n(discont inuous) \n\nTAIWAN \n\nTons \n\nFfr> \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 370 \n682 \n834 \n1 929 \n715 \n43 \n123 \n11 \n77 \n7 \n\nEEC| \n\n5 791 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n116 \n51 \n61 \n81 \n52 \n3 \n11 \n3 \n12 \n3 \n\nEEC \n\n393 \n\nD \nF \nI \nBNL \nUK \nIRL| \nDK \nGR \nES \nPT \n\n1 594 \n1 512 \n1 985 \n2 062 \n478 \n39 \n64 \n151 \n104 \n5 \n\nEEC. ; 7 994 \n\n(1) The complete description of the goods is shown in Annex 1 \nof Council regulation (EEC) nr. 1653/88 , OJ L153 of \n\n\fCATE \nGORY \n\n3A \n\n- Y Y-\n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nOf which : \nOther than unbleached \nor bleached \n\nTAIWAN \n\nTons \n\nShirts, undervests, \nT-shirts and the \nI ike, knitted or \ncrocheted \n\nTAIWAN \n\n1000 \npieces \n\nPullovers \n\nTAIWAN \n\n1000 \npieces \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n105 \n94 \n144 \n105 \n34 \n3 \n5 \n103 \n19 \n2 \n\nEEC \n\n614 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n934 \n306 \n562 \n155 \n895 \n48 \n120 \n29 \n49 \n17 \n\nEEC \n\n10 115 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n392 \n767 \n913 \n119 \n798 \n44 \n184 \n22 \n50 \n16 \n\n\u00caEd \n\n20 305 \n\n\f- \n\nfjb'o-\n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nWoven trousers \n\nTAIWAN \n\n1000 \npieces \n\nBlouses \n\nTAIWAN \n\n1000 \npieces \n\nShirts, other than \nknitted or crocheted \n\nTAIWAN \n\n1000 \npieces \n\nD \nF \nl \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n2 896 \n253 \n167 \n1 299 \n420 \n15 \n50 \n11 \n45 \n10 \n\nEEC \n\n5 166 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n2 012 \n127 \n126 \n599 \n314 \n4 \n23 \n7 \n21 \n4 \n\nEECl \n\n3 237 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n5 668 \n227 \n375 \n1 258 \n857 \n12 \n21 \n17 \n68 \n13 \n\nEEC \n\n8 516 \n\n\fYZ \n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nGROUP \n\n20 \n\nBed linen, other than \nknitted or crocheted \n\nTAIWAN \n\nTons \n\n22 \n\nYarn of staple or \nwaste synthetic fibres \n\nTAIWAN \n\nTons \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n149 \n16 \n15 \n20 \n18 \n\n1 \n3 \n12 \n3 \n\nEEC \n\n237 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n2 772 \n1 212 \n719 \n782 \n1 762 \n21 \n326 \n37 \n115 \n18 \n\n\u00a3EC \n\n7 764 \n\n22A \n\n23 \n\nTAIWAN \n\nTons \n\nUK \n\n936 \n\nYarn of staple or \nwaste artificial fibres \n\nTAIWAN \n\nTons \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 178 \n351 \n652 \n1 646 \n450 \n16 \n59 \n27 \n75 \n15 \n\nEEC \n\n4 469 \n\n\f~ ^~ \n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\n12 \n\nSocks \n\nTAIWAN \n\n1000 \nieces \n\n13 \n\nMen's or boy's \nunderpants and b r i e f s, \nk n i t t ed or crocheted \n\nTAIWAN \n\n1000 \npieces \n\n14 \n\nMen's or boy's woven \novercoats \n\nTAIWAN \n\n1000 \nIp ieces \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n13 427 \n3 630 \n1 568 \n2 719 \n6 503 \n103 \n4 579 \n153 \n454 \n92 \n\nEEC 33 228 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 322 \n408 \n164 \n234 \n271 \n6 \n31 \n14 \n94 \n32 \n\nEEC \n\n2 576 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 759 \n347 \n264 \n307 \n412 \n16 \n58 \n28 \n54 \n9 \n\nEEC \n\n3 254 \n\n\f-iV-\n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nWomen's or girl's \nwoven overcoats \n\nTAIWAN \n\n1000 \npieces \n\nCATE \nGORY \n\n15 \n\n16 \n\nSuits and ensembles \n\nTAIWAN \n\n1000 \npieces \n\n17 \n\nJackets and blazers, \nother than knitted \nor crocheted \n\nTAIWAN \n\n1000 \npieces \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 303 \n161 \n118 \n198 \n276 \n7 \n28 \n17 \n37 \n7 \n\nEEC \n\n2 152 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n273 \n34 \n16 \n17 \n28 \n1 \n4 \n3 \n13 \n1 \n\nEEC \n\n390 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n499 \n69 \n60 \n40 \n90 \n2 \n7 \n3 \n14 \n1 \n\nEEC \n\n785 \n\n\f-iT-\n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nCATE \nGORY \n\n18 \n\n\u00efathrobes, etc. other \nthan knitted or \ncrocheted \n\nTAIWAN \n\nTons \n\n19 \n\nHandkerchiefs \n\nTAIWAN \n\nTons \n\n21 \n\nParkas, anoraks, \nwindcheaters \n\nTAIWAN \n\n1000 \npieces \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n736 \n170 \n129 \n256 \n281 \n5 \n39 \n9 \n28 \n9 \n\nEEC \n\n1 662 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n2 144 \n974 \n527 \n796 \n831 \n34 \n105 \n65 \n108 \n26 \n\n\u00a3,EC \n\n5 610 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n3 943 \n277 \n163 \n674 \n244 \n11 \n66 \n17 \n74 \n13 \n\nEEC \n\n5 482 \n\n\f-'U-\n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nPyjamas, nightdresses, \nk n i t t ed or crocheted \n\nTAIWAN \n\n1000 \np i e c es \n\nCATE \nGORY \n\n24 \n\n26 \n\nDresses \n\nTAIWAN \n\n1000 \npieces \n\n27 \n\nS k i r t s, \ndivided s k i r ts \n\nTAIWAN \n\n1000 \npieces \n\n2 137 \n258 \n228 \n326 \n521 \n22 \n47 \n24 \n69 \n12 \n\nF\u00ab \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\nEEC \n\n3 644 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n2 304 \n143 \n119 \n155 \n180 \n5 \n24 \n10 \n52 \n12 \n\nEEC \n\n3 004 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 009 \n83 \n138 \n124 \n185 \n2 \n16 \n4 \n32 \n4 \n\nEEC \n\n1 597 \n\n<t) Within the quantitative limits for Germany and France the following sub-limits exist for products falling under NIMEXE code 60 04-53 and 83- Germany l f t t- XtfOOO \n\nFrance 19%. : CTOOO pieces. 7 \n\n\u2022 \u00bb * wu pieces, \n\n\f- - f t --\n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\n28 \n\nTrousers, knitted \nor crocheted \n\nTAIWAN \n\n1000 \npieces \n\n29 \n\nWomen's or girls' suits \nand ensembles \n\nTAIWAN \n\n31 \n\nBrassi\u00e8res \n\nTAIWAN \n\n68 \n\nBabies' garments \n\nTAIWAN \n\n1000 \npieces \n\n1000 \npieces \n\nTons \n\n73 \n\nTrack suits \n\nTAIWAN \n\n1000 \npieces \n\nD \nF \nI \nBNL \nIRL \nDK \nGR \nES \nPT \n\n542 \n76 \n66 \n76 \n3 \n29 \n4 \n16 \n3 \n\nEEC \n\n1 757 \n\nUK \n\n39 \n\nUK \n\n472 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n204 \n23 \n13 \n14 \n257 \n6 \n4 \n2 \n9 \n2 \n\nEEC] \n\n534 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n725 \n86 \n70 \n339 \n265 \n4 \n13 \n7 \n22 \n2 \n\nEEC \n\n1 533 \n\n\f- f a7-\n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\n77 \n\nSki suits \n\nTAIWAN \n\nTbns \n\n78 \n\nGarments, other than \nknitted or crocheted \n\nTAIWAN \n\nTons \n\n83 \n\nOther garments, \nknitted or crocheted \n\nTAIWAN \n\nTons \n\n133 \n16 \n25 \n20 \n57 \n\n2 \n4 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\nEEC \n\n257 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 857 \n437 \n317 \n575 \n545 \n31 \n69 \n23 \n61 \n11 \n\nEEC \n\n3 926 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n454 \n113 \n81 \n81 \n98 \n3 \n14 \n11 \n17 \n3 \n\nEEC \n\n875 \n\n\f- ' ?-\n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nGROUP \n\n33 \n\nWoven fabr ics of \nsynthetic filament \nyarn \n\nTAIWAN \n\nTons \n\n35 \n\nWoven fabrics of \nsynthetic fibres \n(continuous) \n\nTAIWAN \n\nTons \n\n37 \n\nWoven fabr ics of \nartificial staple \nf ibres \n\nTAIWAN \n\nTons \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n470 \n175 \n142 \n101 \n211 \n\n15 \n18 \n72 \n14 \n\nEEC \n\n1 218 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 168 \n433 \n783 \n2 437 \n554 \n161 \n138 \n65 \n123 \n26 \n\nEEC \n\n5 888 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n422 \n300 \n687 \n334 \n844 \n109 \n332 \n79 \n293 \n58 \n\n\u00c9=EC \n\n14 458 \n\n\f70-\n\nCATE \nGORY \n\n41 \n\n61 \n\n62 \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\nYarns of synthetic \nf iIament, cont i nuous \n\nTAIWAN \n\nNarrow woven fabrics \n\nTAIWAN \n\nCheniI le yarn \n\nTAIWAN \n\nTons \n\nTons \n\nTons \n\nES \n\n363 \n\nUK \n\nF \n\n196 \n\n78 \n\nGROUP \n\n10 \n\nGloves, knitted or \ncrocheted \n\nTAIWAN \n\n1000 \npairs \n\n67 \n\nClothing accessories \n\nTAIWAN \n\nTons \n\n0 \nF \n1 \nBNL \nUK*1 \nIRL \nDK \nGR \nES \nPT \n\n430 \n449 \n856 \n633 \n429 \n129 \n327 \n83 \n071 \n89 \n\nE EC \n\n18 496 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n348 \n171 \n104 \n142 \n234 \n9 \n21 \n13 \n31 \n9 \n\nE EC \n\n1 082 \n\n(>) Within the quantitative limits for the United Kingdom the following sub-limits for products falling under NIMEXE code 60. 02-40: 19?\u00a3: 61*7000 pieces. - Z 1-\n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\n74 \n\nSuits and ensembles \n\nTAIWAN \n\n1000 \n\n91 \n\nTents \n\nTAIWAN \n\nTons \n\n97 \n\nNets \n\nTAIWAN \n\nTons \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n89 \n27 \n26 \n25 \n31 \n\n2 \n3 \n14 \n3 \n\nEEC] \n\n220 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n342 \n180 \n123 \n103 \n182 \n8 \n28 \n18 \n38 \n8 \n\nEEC \n\n1 030 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n202 \n123 \n39 \n75 \n102 \n40 \n203 \n109 \n17 \n3 \n\nEEC \n\n913 \n\n\f-Z2-\n\nCATE \nGORY \n\nDESCRIPTION OF GOODS \n\nTHIRD COUNTRIES \n\nUNIT \n\nMEMBER \nSTATE \n\n1992 \n\n97A \n\nFishing nets \n\nTAIWAN \n\nTons \n\n110 \n\nWoven pneumatic \nmattresses \n\nTAIWAN \n\nTons \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n75 \n23 \n14 \n9 \n45 \n35 \n130 \n90 \n8 \n1 \n\nEEC \n\n430 \n\nD \nF \nI \nBNL \nUK \nIRL \nDK \nGR \nES \nPT \n\n1 111 \n576 \n420 \n332 \n804 \n27 \n103 \n39 \n93 \n19 \n\nEEC \n\n3 524 \n\n\f-21 \n\n-\n\nOfficial Journal of the European Communities \n\nNo L \n\nAppendix to Annex U \n\nCategory \n\nCountry \n\nRemarks \n\n\"Tai-v \n\nFor the purpose of setting off exports against the agreed quantitative limits a \nconversion rate of five garments (other than babies' garments) of a maximum \ncommercial size of 130 cm for three garments whose commercial size exceeds \n130 cm may be applied for up to 4% of the quantitative limits. The export licence concerning these products must bear in box 9 the words 'The \nconversion rate for garments of a commercial size of not more than 130 cm must \nbe applied*. Taiwan \n\nFor the purpose of setting off exports agannst the agreed quantitative limits a \nconversion rate of five garments (other than babies' garments) of a maximum size \nof 130 cm for three garments whose commercial size exceeds 130 cm may be \napplied for up to 4% of the quantitative limits. 21 \n\nTaiwan \n\nThe export licence concerning these products must bear, in box 9, the words 'The \nconversion rate for garments of a commercial size of not more than 130 cm must \nbe applied'. For the purpose of setting off exports against the agreed quantitative limits a \nconversion rate of five garments (other than babies' garments) of a maximum \ncommercial size of 130 cm for three garments whose commercial size exceeds 130 \ncm may be applied for up to 4 % of the quantitative limits. The export licence concerning these products must bear, in box 9, the words The \nconversion rate for garments of a commercial size of not more than 130 cm must \nbe applied'. 28 \n\nTaiwan \n\nIn addition to the quantitative limit shown in the Annex for 9 9 2* specific \nquantity of l\u00a32-topxies was agreed for exports of bib and brace overalls, breeches \nonly, broken \nand shorts falling within CfO jk; \ndown as follows: \n\n84 7 \n\nBNL \n\n13 \n\nUK \n49 \n\nIRL. 1 \n\nDK \n1 \n\nGR \n\n(tonnes) \nP EEC \n162 \n\n^r 6103 41 90, 6103 42 90, 6103 43 90, 6103 49 91, \n6104 6190, 6104 62 90, 6104 63 90 and \n6104 69 91. BSN 0254-1475 \n\nC0M(91) 518 final \n\nDOCUMENTS \n\nEN \n\n02 \n\nCatalogue number : CB-CO-91-575-EN-C \n\nISBN 92-77-78620-5 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/97663f19-f7c7-4eeb-989a-88187438d189", "title": "WRITTEN QUESTION No. 2922/91 by Mr Rolf LINKOHR to the Commission. EC-funded hospital in Ixtapalapa, Mexico", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,LINKOHR", "date": "1991-12-09", "subjects": "EU financing,El Salvador,Mexico,maintenance,medical device,medical institution,technical cooperation", "workIds": "celex:91991E002922", "eurovoc_concepts": ["EU financing", "El Salvador", "Mexico", "maintenance", "medical device", "medical institution", "technical cooperation"], "url": "http://publications.europa.eu/resource/cellar/97663f19-f7c7-4eeb-989a-88187438d189", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/899b113c-e043-4950-bfae-d92793a16eee", "title": "WRITTEN QUESTION No. 2906/91 by Luigi VERTEMATI , Gianni BAGET BOZZO , Pierre CARNITI , Vincenzo MATTINA , Franco IACONO to the Commission. The reconstruction of the Petruzzelli Theatre in Bari", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "BAGET BOZZO,CARNITI,European Parliament,IACONO,MATTINA,VERTEMATI", "date": "1991-12-09", "subjects": "Apulia,EU aid,Structural Funds,architectural heritage,building industry,fire,heritage protection,performing arts,regional policy", "workIds": "celex:91991E002906", "eurovoc_concepts": ["Apulia", "EU aid", "Structural Funds", "architectural heritage", "building industry", "fire", "heritage protection", "performing arts", "regional policy"], "url": "http://publications.europa.eu/resource/cellar/899b113c-e043-4950-bfae-d92793a16eee", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a9ae8837-2d0e-491b-84f7-f509d852c267", "title": "WRITTEN QUESTION No. 2932/91 by Mrs Christine CRAWLEY to the Commission. Trade in antique goods", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CRAWLEY,European Parliament", "date": "1991-12-09", "subjects": "import licence,import restriction,international trade,protected species,protection of animal life,wildlife", "workIds": "celex:91991E002932", "eurovoc_concepts": ["import licence", "import restriction", "international trade", "protected species", "protection of animal life", "wildlife"], "url": "http://publications.europa.eu/resource/cellar/a9ae8837-2d0e-491b-84f7-f509d852c267", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/59a3d470-9000-450c-b26f-c3e908d42257", "title": "WRITTEN QUESTION No. 2921/91 by Mrs Carmen D\u00cdEZ DE RIVERA ICAZA to the Commission. Energy-saving in the Berlaymont building", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "DIEZ DE RIVERA ICAZA,European Parliament", "date": "1991-12-09", "subjects": "Brussels region,European Commission,energy saving,fight against wastage,public holiday,seat of institution", "workIds": "celex:91991E002921", "eurovoc_concepts": ["Brussels region", "European Commission", "energy saving", "fight against wastage", "public holiday", "seat of institution"], "url": "http://publications.europa.eu/resource/cellar/59a3d470-9000-450c-b26f-c3e908d42257", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4b599efa-ec2c-4638-9a95-637f1d8d5c50", "title": "WRITTEN QUESTION No. 2916/91 by Sir James SCOTT-HOPKINS to the Commission. Food Aid to the Soviet Union andintervention stocks", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SCOTT-HOPKINS", "date": "1991-12-09", "subjects": "USSR,cereals,financing of aid,food aid,intervention stock,meat,milk product,non-governmental organisation", "workIds": "celex:91991E002916", "eurovoc_concepts": ["USSR", "cereals", "financing of aid", "food aid", "intervention stock", "meat", "milk product", "non-governmental organisation"], "url": "http://publications.europa.eu/resource/cellar/4b599efa-ec2c-4638-9a95-637f1d8d5c50", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/e73ce058-c23a-44b4-a532-1e49eb369b9b", "title": "WRITTEN QUESTION No. 2943/91 by Mr James FORD to the Commission. Bus deregulation in Britain", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,FORD", "date": "1991-12-09", "subjects": "Treaty on European Union,United Kingdom,bus,common transport policy,economic survey,means of public conveyance,privatisation,public transport", "workIds": "celex:91991E002943", "eurovoc_concepts": ["Treaty on European Union", "United Kingdom", "bus", "common transport policy", "economic survey", "means of public conveyance", "privatisation", "public transport"], "url": "http://publications.europa.eu/resource/cellar/e73ce058-c23a-44b4-a532-1e49eb369b9b", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/75708515-4f50-4da7-ab43-dc6a354f29e0", "title": "WRITTEN QUESTION No. 2926/91 by Mr Ioannis PESMAZOGLOU to the Commission. Siting in a European city of a monument symbolizing the struggle for freedom", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PESMAZOGLOU", "date": "1991-12-09", "subjects": "Europe,architectural heritage,democracy,fundamental rights,protection of freedoms,town", "workIds": "celex:91991E002926", "eurovoc_concepts": ["Europe", "architectural heritage", "democracy", "fundamental rights", "protection of freedoms", "town"], "url": "http://publications.europa.eu/resource/cellar/75708515-4f50-4da7-ab43-dc6a354f29e0", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8d484e46-08ee-4e2c-9f41-19c60208540f", "title": "WRITTEN QUESTION No. 2935/91 by Mr Herman VERBEEK to the Commission. Recycled paper in the European Communities", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,VERBEEK", "date": "1991-12-09", "subjects": "EU institution,ecology,paper,waste recycling", "workIds": "celex:91991E002935", "eurovoc_concepts": ["EU institution", "ecology", "paper", "waste recycling"], "url": "http://publications.europa.eu/resource/cellar/8d484e46-08ee-4e2c-9f41-19c60208540f", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ff562865-4529-428f-a3f6-1873d89de75e", "title": "WRITTEN QUESTION No. 2920/91 by Mr Gianfranco FINI to the Commission. Infringement of the EEC Treaty by the Italian Government", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,FINI", "date": "1991-12-09", "subjects": "Italy,action for failure to fulfil an obligation,application of EU law,decree,human rights,social rights", "workIds": "celex:91991E002920", "eurovoc_concepts": ["Italy", "action for failure to fulfil an obligation", "application of EU law", "decree", "human rights", "social rights"], "url": "http://publications.europa.eu/resource/cellar/ff562865-4529-428f-a3f6-1873d89de75e", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/37fdbac1-93a6-4119-ba87-e53924094ce0", "title": "WRITTEN QUESTION No. 2913/91 by Mrs Astrid LULLING to the Commission. Promotion of Commission officials in the A5-4 career bracket", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,LULLING", "date": "1991-12-09", "subjects": "European Commission,abuse of power,action by staff,administrator,promotion", "workIds": "celex:91991E002913", "eurovoc_concepts": ["European Commission", "abuse of power", "action by staff", "administrator", "promotion"], "url": "http://publications.europa.eu/resource/cellar/37fdbac1-93a6-4119-ba87-e53924094ce0", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2ff18cf9-66f2-417e-8b8a-477ff2b65320", "title": "WRITTEN QUESTION No. 2936/91 by Mrs Lissy GR\u00d6NER and Mr Hans PETERS to the Commission. German post office's international transfer charges", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,GROENER,PETERS", "date": "1991-12-09", "subjects": "Germany,bank charges,financial transaction,post office financial services,postal and telecommunications services", "workIds": "celex:91991E002936", "eurovoc_concepts": ["Germany", "bank charges", "financial transaction", "post office financial services", "postal and telecommunications services"], "url": "http://publications.europa.eu/resource/cellar/2ff18cf9-66f2-417e-8b8a-477ff2b65320", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0c5ed90d-c02a-4209-b36f-ea76cf4b6e12", "title": "LEGISLATIVE RESOLUTION embodying the opinion of the European Parliament on the Commission proposal for a Council regulation establishing a support system for soya beans, rapeseed and sunflowerseed", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Agriculture and Rural Development,European Parliament", "date": "1991-12-09", "subjects": "Portugal,Spain,agricultural production,aid per hectare,oil seed rape,production aid,reference price,regional planning,soya bean,sunflower,supplementary aid for products", "workIds": "celex:51991AP0326", "eurovoc_concepts": ["Portugal", "Spain", "agricultural production", "aid per hectare", "oil seed rape", "production aid", "reference price", "regional planning", "soya bean", "sunflower", "supplementary aid for products"], "url": "http://publications.europa.eu/resource/cellar/0c5ed90d-c02a-4209-b36f-ea76cf4b6e12", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/36a738a4-0204-4a1b-be4a-efae14b9694a", "title": "WRITTEN QUESTION No. 2947/91 by Mr Arturo ESCUDER CROFT to the Commission. EIB loans", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ESCUDER CROFT,European Parliament", "date": "1991-12-09", "subjects": "EIB loan,EU financing,European Investment Bank,Spain,autonomous community,private sector", "workIds": "celex:91991E002947", "eurovoc_concepts": ["EIB loan", "EU financing", "European Investment Bank", "Spain", "autonomous community", "private sector"], "url": "http://publications.europa.eu/resource/cellar/36a738a4-0204-4a1b-be4a-efae14b9694a", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/fc56bc6a-a8b9-40c5-8fe1-1def380d573a", "title": "WRITTEN QUESTION No. 2908/91 by Mr Alexander LANGER, Mrs Birgit CRAMON DAIBER and Mr Virginio BETTINI to the Commission. Planning and construction of a ferry landing stage in Stromboli (Italy)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "BETTINI,CRAMON DAIBER,European Parliament,LANGER", "date": "1991-12-09", "subjects": "Sicily,engineering structure,environmental impact,environmental protection,ferryboat,impact study,regions of Italy,road building", "workIds": "celex:91991E002908", "eurovoc_concepts": ["Sicily", "engineering structure", "environmental impact", "environmental protection", "ferryboat", "impact study", "regions of Italy", "road building"], "url": "http://publications.europa.eu/resource/cellar/fc56bc6a-a8b9-40c5-8fe1-1def380d573a", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0f79cab0-16e5-4bd5-ace4-dd64c834c87a", "title": "Question No 8 by Mr NEWMAN (H-1162/91) to the Council: The European Community' s solemn declaration against racism and xenophobia and racist election leaflets", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_parliamentary_question_time,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,NEWMAN", "date": "1991-12-09", "subjects": "Belgium,election campaign,election campaign publicity,extreme right,racism,xenophobia", "workIds": "celex:91991H001162", "eurovoc_concepts": ["Belgium", "election campaign", "election campaign publicity", "extreme right", "racism", "xenophobia"], "url": "http://publications.europa.eu/resource/cellar/0f79cab0-16e5-4bd5-ace4-dd64c834c87a", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/884a82eb-d974-44a6-a171-2211b756632d", "title": "Protocol to the Convention of 8 October 1990 between the Governments of the Federal Republic of Germany and the Czech and Slovak Federal Republic and the European Economic Community on the International Commission for the Protection of the Elbe", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Czechoslovakia,European Economic Community,Germany", "date": "1991-12-09", "subjects": "Czechoslovakia,Germany,environmental protection,international convention,protocol to an agreement,watercourse", "workIds": "celex:21993A0223(01)", "eurovoc_concepts": ["Czechoslovakia", "Germany", "environmental protection", "international convention", "protocol to an agreement", "watercourse"], "url": "http://publications.europa.eu/resource/cellar/884a82eb-d974-44a6-a171-2211b756632d", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c5f51c94-204d-4bc9-ae5a-98547e20e232", "title": "WRITTEN QUESTION No. 2927/91 by Mr Herman VERBEEK to the Commission. Identification and registration of calves", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,VERBEEK", "date": "1991-12-09", "subjects": "Netherlands,approximation of laws,calf,farm animal,fraud,livestock farming,protection of animals,trademark", "workIds": "celex:91991E002927", "eurovoc_concepts": ["Netherlands", "approximation of laws", "calf", "farm animal", "fraud", "livestock farming", "protection of animals", "trademark"], "url": "http://publications.europa.eu/resource/cellar/c5f51c94-204d-4bc9-ae5a-98547e20e232", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a0642775-bf68-40bf-bf15-d9533f480661", "title": "WRITTEN QUESTION No. 2944/91 by Mr Arturo ESCUDER CROFT to the Commission. ESF investment in the Canaries", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ESCUDER CROFT,European Parliament", "date": "1991-12-09", "subjects": "Canary Islands,European Social Fund,fight against unemployment,job creation,statistics,vocational training,youth unemployment", "workIds": "celex:91991E002944", "eurovoc_concepts": ["Canary Islands", "European Social Fund", "fight against unemployment", "job creation", "statistics", "vocational training", "youth unemployment"], "url": "http://publications.europa.eu/resource/cellar/a0642775-bf68-40bf-bf15-d9533f480661", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c465ca94-bcff-4a0e-9fbf-01dcf354b3ca", "title": "WRITTEN QUESTION No. 2949/91 by Mr Arturo ESCUDER CROFT to the Commission. Investment in the La Gomera IDO", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ESCUDER CROFT,European Parliament", "date": "1991-12-09", "subjects": "Canary Islands,EAGGF Guidance Section,EU investment,European Regional Development Fund,European Social Fund,integrated development,integrated development programme", "workIds": "celex:91991E002949", "eurovoc_concepts": ["Canary Islands", "EAGGF Guidance Section", "EU investment", "European Regional Development Fund", "European Social Fund", "integrated development", "integrated development programme"], "url": "http://publications.europa.eu/resource/cellar/c465ca94-bcff-4a0e-9fbf-01dcf354b3ca", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b119fc48-34eb-4f3d-947c-e7f7b1d952f0", "title": "WRITTEN QUESTION No. 2950/91 by Mr Arturo ESCUDER CROFT to the Commission. Canaries operational plan 1990-1993", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ESCUDER CROFT,European Parliament", "date": "1991-12-09", "subjects": "Canary Islands,EIB loan,EU investment,European Investment Bank,economic development,harbour installation,regulation of investments,small and medium-sized enterprises,transport infrastructure", "workIds": "celex:91991E002950", "eurovoc_concepts": ["Canary Islands", "EIB loan", "EU investment", "European Investment Bank", "economic development", "harbour installation", "regulation of investments", "small and medium-sized enterprises", "transport infrastructure"], "url": "http://publications.europa.eu/resource/cellar/b119fc48-34eb-4f3d-947c-e7f7b1d952f0", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ca24c592-2f0d-4c74-9ba2-828aedf569f6", "title": "WRITTEN QUESTION No. 2901/91 by Mr James FORD to the Commission. Export licences for livestock", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,FORD", "date": "1991-12-09", "subjects": "application of EU law,export licence,health certificate,meat processing industry,protection of animals,transport of animals,veterinary inspection", "workIds": "celex:91991E002901", "eurovoc_concepts": ["application of EU law", "export licence", "health certificate", "meat processing industry", "protection of animals", "transport of animals", "veterinary inspection"], "url": "http://publications.europa.eu/resource/cellar/ca24c592-2f0d-4c74-9ba2-828aedf569f6", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c74ec8be-c4f7-4b29-b187-5e42f40244ef", "title": "WRITTEN QUESTION No. 2917/91 by Mr Carlos ROBLES PIQUER to European Political Cooperation. Community contributions to nuclear disarmament in war zones", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,ROBLES PIQUER", "date": "1991-12-09", "subjects": "European political cooperation,Far East,International Atomic Energy Agency,USSR,arms trade,brain drain,creation of nuclear-free zones,nuclear non-proliferation,nuclear safety", "workIds": "celex:91991E002917", "eurovoc_concepts": ["European political cooperation", "Far East", "International Atomic Energy Agency", "USSR", "arms trade", "brain drain", "creation of nuclear-free zones", "nuclear non-proliferation", "nuclear safety"], "url": "http://publications.europa.eu/resource/cellar/c74ec8be-c4f7-4b29-b187-5e42f40244ef", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ed1d0314-d7f0-4f9c-b636-0a61069792f0", "title": "Question No 77 by Mrs R\u00d8NN (H-1218/91) to the Commission: Cooperation between trade unions and research institutes", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_parliamentary_question_time,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,ROENN", "date": "1991-12-09", "subjects": "co-determination,exchange of information,research body,research project,technology,trade union,vocational training,working environment", "workIds": "celex:91991H001218", "eurovoc_concepts": ["co-determination", "exchange of information", "research body", "research project", "technology", "trade union", "vocational training", "working environment"], "url": "http://publications.europa.eu/resource/cellar/ed1d0314-d7f0-4f9c-b636-0a61069792f0", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7fc47ef4-55af-4879-bfe0-26dfe3207247", "title": "WRITTEN QUESTION No. 2902/91 by Mr Sotiris KOSTOPOULOS to the Commission. Promotion of dental care for Community citizens", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,KOSTOPOULOS", "date": "1991-12-09", "subjects": "EU national,dental medicine,food hygiene,health education,jute,mass media,primary education", "workIds": "celex:91991E002902", "eurovoc_concepts": ["EU national", "dental medicine", "food hygiene", "health education", "jute", "mass media", "primary education"], "url": "http://publications.europa.eu/resource/cellar/7fc47ef4-55af-4879-bfe0-26dfe3207247", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4e46ea3f-8418-4807-ab9e-799147a34bef", "title": "Proposal for a COUNCIL REGULATION ( EEC ) establishing Community surveillance for certain agricultural products originating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, Morocco and Lebanon which are subject to reference quantities ( 1992 )", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-09", "subjects": "free circulation,fruit,market supervision,statistics,third country,vegetable", "workIds": "celex:51991PC0505,comnat:COM_1991_0505_FIN", "eurovoc_concepts": ["free circulation", "fruit", "market supervision", "statistics", "third country", "vegetable"], "url": "http://publications.europa.eu/resource/cellar/4e46ea3f-8418-4807-ab9e-799147a34bef", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMVIUNITIES \n\nC0M(91) 505 final \n\nBrussels, 9 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nestablishing Community surveillance for certain agricultural products \n\noriginating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, \nMorocco and Lebanon which are subject to reference quantities (1992) \n\n(presented by the Commission) \n\n\f-z-\n\nExplanatory Mgmorarr\u00e2um \n\n1. 2. 3. 4. The Additional Protocols to the Agreements between the European \nEconomic Community and Cyprus, Egypt, Jordan, (Israel), Tunisia, \nSyria, Malta, Morocco and Lebanon provide for the progressive \nreduction of the customs duties applying to certain agricultural \nproducts originating in those countries, by means of a system of \nreference quantities. The customs duties applied to the products in question are to be \nphased out according to the same timetables and at the same rates as \nlaid down in Articles 75, 243 and 268 of the Act of Accession. By Council Regulation (EEC) N\". /91 of \narrangements for imports into the Community of certain agricultural \nproducts originating in Algeria, Cyprus, Egypt, Jordan, Lebanon, \nMalta, Morocco, Syria, and Tunisia, the Community has unilaterally \nincreased the amount of these reference quantities in equal steps of \n3% or 5% per year starting on 1 January 1992, and therefore they are \nfor 1992 at the levels shown in the annexe. 1991 amending the \n\nThe implementation of these regulation, does not imply the adoption \nof common rules other than those actually applied uniformly by all \nMember States for the purposes of external trade statistics of the \nCommunity. Given that in most cases, the period of validity for \nreference quantities is shorter than the calender year, the competent \nauthorities within the Commission responsible for examining the \npossibility of making a certain product subject to a tariff quota in \naccordance with the provisions of article 3 (1) of the Council \nRegulation (EEC) n' 451/90, may obtain the necessary data for this \nexamination, from the Statistical Office of the European Communities. That is the aim of the attached proposal. y \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) N*. /91 \n\nOf \n\nestablishing Community surveillance for certain agricultural products \noriginating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, \nMalta, Morocco and Lebanon which are subject to reference quantities \n(1992) \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \nand in particular Article 113, \n\nHaving regard to the proposal from the Commission, \n\nWhereas the Additional Protocols to the Cooperation Agreements between the \nEuropean Economic Community and Cyprus (1), Egypt (2), Jordan (3), Israel \n(4), Tunisia (5), Syria (6), Malta (7), Morocco (8) and Lebanon (9), have \nbeen concluded; whereas these Protocols provided for the progressive \nreduction, subject to reference quantities and to a Community surveillance \nwithin a set timetable, of the customs duties applicable to certain \nagricultural products originating in those countries and covered by the \nrespective Agreements; \n\nWhereas Council Regulation (EEC) n' 451/89 of 20 February 1989 concerning \nthe procedure to be applied to certain agricultural products originating in \nvarious Mediterranean third countries (10) has determined the surveillance \nprocedure in question; \n\nWhereas by Council Regulation (EEC) n\". /91 of. 1991 amending the \narrangements for imports into the Community of certain agricultural \nproducts originating in Algeria, Cyprus, Egypt, Jordan, Lebanon, Malta, \nMorocco, Syria and Tunisia (11), the Community unilaterally increased the \namount of these reference quantities in equal steps of 3% or 5% per year \nstarting on 1 January 1992, and that therefore they are for 1992 at the \nlevels shown in the annexe. (1) 0J N* L 393, 31. 12. 1987, p. 2 \n(2) 0J N* L 297, 21. 10. 1987, p. 11 \n(3) OJ N* L 297, 21. 10. 1987, p. 19 \n(4) OJ N' L 327, 30. 11. 1988, p. 36 \n(5) 0J N* L 297, 21. 10. 1987, p. 36 \n(6) 0J N\" L 327, 30. 11. 1988, p. 58 \n(7) 0J N* L 81, 23. 3. 1989, p. 1 \n(8) 0J N' L 224, 13. 8. 1988, p. 18 \n(9) 0J H' L 297, 21. 10. 1987, p. 28 \n(10) OJ N\" L 52, 24. 2. 1989, p. 7 \n(11) 0J N\" \n\n1991 \n\nOf \n\n\fthe Commission \n\nWhereas, in order to enable the competent authorities \nwithin \ntrade \nbalance sheet for each of the products and. if necessary, to \nput into application the arrangement P ^ e d ' or \nin \n3 < Uf the Regulation (EEC) No 451/89above-\nArticle \n\nto establish an annual \n\nin 1992 \n\nand Lebanon \n\nmentioned, of the products are subject to a statistical \n\nsurveillance ; \n\nthe reference quantities at Community \n\nWhereas imports of the product, in question \u00ab c h a r g ed \nlevel \nagainst \nwithin pre-established \nthe \nproducts are entered with the customs authorities for free \ncirculation ; whereas, therefore, it is appropriate to esta-\nbashfteference quantities for those products listed ,n the \nAnnex ; \n\ntimetables, as and when \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nImports into the Community of certain products \nEgypt, Jordan, Israel, \nMorocco^ shall be subject \n\n1. originating in Cyprus, \nTunisia, Syria, Malta \nto reference quantities within the established \ntimetables and to a s t a t i s t i c al surveillance. The description of the products referred to in the first \nsubparagraph, their serial numbers, their CN codes, Taric \ncodes and the quantities and timetable applying to the \nreference quantities are given in the table in the Annex. 2. Amounts shall be charged by Member States against \nthe reference quantities as and when products are entered \nwith customs authorities for free circulation, accompanied \nby a movement certificate conforming to the rules laid \ndown in the Protocol concerning the definition of the \nconcept of originating products annexed \neach \nAgreement with the countries concerned. to \n\nWhere the movement certificate is produced at a later \ndate, the amount shall be charged against the corres \nponding reference quantity at the date of acceptance of \nthe declaration of release for free circulation. The extent to which the reference quantities are used up \nshall be determined at Community level on the basis of \nthe imports charged against them in the manner defined \nin the first subparagraph, as communicated to the Statis- \ntical Office of the European Communities, in application of Regulations (EEC) N\u00b0 2658/87 and \n\n/\u2022-i\\ \n\n(EEC) N\u00b0 1/36/75 (2) \n\nArticle 2 \n\nThe Member States and the Commission shall cooperate \nclosely to ensure that this Regulation is complied with. Article 3 \n\nThis Regulation shall enter into force on 1 January \n\nThis Regulation shall be binding in its entirety and directly applicable in all Member \nStates. Done at \n\n( I) OJ N\u00b0 L 256, 7. 9. 19S7, p. 1 \n\nFor tht Council \n\nThe President \n\n\fANNEX \n\n-> \n\n-\n\nSerial \nNo \n\nCN code \n\nTARIC code \n\nDescription (a) \n\nTimetable \n\nOrigin \n\nReference \nquantity \n(in tonnes) \n\n(2) \n\n(\u00bb) \n\n<\u00ab) \n\n(5) \n\nW \n\n(7) \n\n18. 0010 \n\nex 0701 90 51 \n\n0701 90 51*10 \n0701 90 51'20 \n\nNew potatoes \n\n18. 0015 \n\n0701 90 \n\nex 0701 90 5} 0701 90 59-10 \n\nNew potatoes \n\n18. 0030 4x 0703 20 00 07032000*10 \n07032000*20 \n07032000*30 \n\nGarlic \n\n1. 1. - 3 1. 3. Tunisia \n\n1. 1. - 15. 5. 16. 5. - 3 1. 5. [Malta \n\n2 678 \n\n309\u00d9 \n\n1. 2-31. 5 \n\nEgypt \n\n1 680 \n\n18. 0040 \n\nex 0707 00 I I \n\n0707 00 MM 2 \n\nCucumbers of a length not excee \nding 15 cm \n\n18. 0050 \n\nex 0709 10 00 \n\n0 7 09 10 O O l O A r t i c h o k es \n0709 10 00*20 \n\n1. - 28. 2. 1. - 28. 2. 1. - 2 8. 2. Egypt \nJordan \nMalta \n\n1. 10. - 31. 12. 1. 1 0. - 3 1. 1 2. Egypt \nCyprus \n\n18. 0060 4x 0709 30 00 07093000*20 \n07093000*30 \n\nAubergines(egg-plants) \n\n15. 1-30. 4 \n\nIsrael \n\n18. 0070 \n\n0709 60 10 \n\n18. 0080 \n\n0712 20 00 \n\nSweet peppers \n\nOnions, dried \n\n18. 0090 \n\nex 0712 90 90 \n\n0712 90 90*20 \n\nGarlic, dried \n\n1. 1. - 31. 12. Morocco \n\n1. I. - 31. 12. Syria \n\n1. 1. - 3 L 1 2. Egypt \n\n18. 0100 \n\n0713 \n0713 \n\n10 111 \n10 I 9j \n\nPeas, for sowing \n\n1. I. - 3 L 1 2. Morocco \n\n>!o 5 \n\nS 2. 105 \n105 \n\n1 260 \n\n1 050 \n735 \n1 050 \n\n420 \n\n18. U110 \n\n0713 10 90 \n0713 20 90 \n0713 31 9U \n0713 32 90 \nu n3 33 90* \n0713 39 90 \n0713 40 90 \n0713 50 90 \nU713 90 90 \n\n18. 0120 j 0304 40 10 \n' 0804 40 90 \n\n18. 0130 \n\nex 0806 10 15 \n\nDried leguminous \nvegetables \n\n1. 1-31. ,12 Lebanon \n\n2 310 \n\nAvocados \n\n1. 1. -31. 12 \n\nIsrael \n\n: 2 'J'JU \n\nFresh table grapes \n\n1. 2. - 30. 6. Israel \n\n1 995 \n\n0806 10 15*50 \n0806 10 I 5*60 \n0806 10 15*70 \n0806 10 15*80 \n0806 10 15*91 \n\nI 8. 0 I 40 \n\nex 0807 10 90 \n\n0807 10 90*13 \n0807 10 90*JJ \n\nMelons of a weight not exceeding \n600 grams \n\nI. - 31. 3. 1. 1. 1. - 31. 3. Egypt \nJordan \n\n18. 0150 \n\nex 0810 90 10 \n\nP 8 10 90 1 0 * 10 Kiwifruit \nPlanch. ) \n\n(Actinidia \n\nChinensis \n\n1. 1. - 30. 4. 1. 1. - 30. 4. 1. 1. - 30. 4. Israel \nCyprus \nMorocco \n\n105 \n105 \n~2Tu~ \n21U \n2 1U \n\n18. 0160 \n\next$12 90 9u\\\u00fb812 90 9 0 * l\\ C i t r u s f r u it cemminuted \n\n1JB12 90 90*2^ \n\n\\ 1. 1-51. 12 V'Uracl \n\n1 i55 \n\n18 0190 \n\n2008 30 51 \n20\u00db8 30 71 \n\nGrapefruit segments \n\n1. 1-31. 12 \n\nIsrael \n\n14 385 \n\n\f* :. - 4. VO \n\nxo\u00fbd JU 61 \n\nApricots. I. 1. - 31. 12. Morocco \n\n6 615 \n\n\u2014 /. -\n\n18 0210 \n\n-\nex2008 30 79 \n\n20083079*10 \n20083079*20 \n\nGrapefruit \n\nOranges and lemons \nr/Yrrnini it PH \n\n1. 1-31. 12 \n\nIsrael \n\n2 100 \n\n18 0220 \n\nex2008 30 91 \nex2008 30 91 \n\nex2008 30 91. /Grapefruit segments \n\n20083091*H \n12 \n13 \nJGrapefruit \n19 \n( \n?i \nPulp of citrus f r u it \nCitrusfruit ujfiminutea \n91 \n\nIsrael \n\n3 045 \n\n\\ \n\n18. 0230 \n\nex 2008 50 99 \n\n2008 50 99*10 \n\nApricots and peaches \n\nin halves \n\nI. 1. - 31. 12. Morocco \n\nex 2008 70 99 \n\n2008 70 99*10 \n\n(including nectarine halves) \n\n63\u00db\u00db \n\n18. 0240 \n\n2009 20 11 \n2009 20 19 \n2009 20 99 \n\n18. 0245 \n\n2009 20 99 \n\nGrapefruit juice \n\n1. 1. -31. 12 \n\nIsrael \n\n30 135 \n\nGrapefruit juice \n\n1. 1. -31. 12 \n\nMorocco \n\n840 \n\n(a) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the designation of the producta is to be considered as \n\nhaving no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the application of the CN code. Where ex CN code positions are indicated, the preferential scheme is to be determined by application of the CN code and contaponding description \ntaken together. \u00ee \n\nFINANCIAL RECORD \n\n1. Budget line concerned : Chap. 12 Art. 120 \n\n2. Legal basis : Art. 113 of the Treaty \n\n3. 4. Title of the tariff measure concerned : Proposal for a Council \nregulation establishing Community surveillance for certain \nagricultural products originating in Cyprus, Egypt, Jordan, Israel \nTunisia, Syria, Malta, Morocco and Lebanon which are subject to \nreference quantities (1992) \n\nObject ive : Setting up of a community surveillance for certain \nagricultural products to allow the Commission to apply measures \nforseen by Article 1 of additional protocols to agreements between \nthe ECC and the above-mentioned Mediterranean countries. 5. The application of the provisions of this regulation do not lead to \nlosses of supplementary receipts. ISSN 0254-1475 \n\nCOM(91) 505 final \n\nDOCUMENTS \n\nEN \n\n03 il \n\nCatalogue number : CB-CO-91-553-EN-C \n\nISBN 92-77-78359-1 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/05e779f6-2bdd-44ad-b770-c45af6e77021", "title": "WRITTEN QUESTION No. 2937/91 by Mrs Lissy GR\u00d6NER and Mr Hans PETERS to the Council. German post office' s international transfer charges", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,GROENER,PETERS", "date": "1991-12-09", "subjects": "Germany,banking,competence of the Member States,credit transfer,free movement of capital,postal and telecommunications services,postal charges", "workIds": "celex:91991E002937", "eurovoc_concepts": ["Germany", "banking", "competence of the Member States", "credit transfer", "free movement of capital", "postal and telecommunications services", "postal charges"], "url": "http://publications.europa.eu/resource/cellar/05e779f6-2bdd-44ad-b770-c45af6e77021", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8ef153b2-7b7b-4d28-bbfb-e913d1f97040", "title": "WRITTEN QUESTION No. 2907/91 by Mr Bryan CASSIDY to the Commission. Reform of the European Community sugar regime", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CASSIDY,European Parliament", "date": "1991-12-09", "subjects": "EU production,cartel,common organisation of markets,competition,fixing of prices,intra-EU trade,monopoly,production cost,sugar", "workIds": "celex:91991E002907", "eurovoc_concepts": ["EU production", "cartel", "common organisation of markets", "competition", "fixing of prices", "intra-EU trade", "monopoly", "production cost", "sugar"], "url": "http://publications.europa.eu/resource/cellar/8ef153b2-7b7b-4d28-bbfb-e913d1f97040", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f9997628-72cb-4dd2-ba34-8643fe05cce4", "title": "WRITTEN QUESTION No. 2914/91 by Sir James SCOTT-HOPKINS to the Commission. Proposals for a minimum wage in the EC", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SCOTT-HOPKINS", "date": "1991-12-09", "subjects": "European Commission,European social policy,competence of the Member States,minimum pay,proposal (EU)", "workIds": "celex:91991E002914", "eurovoc_concepts": ["European Commission", "European social policy", "competence of the Member States", "minimum pay", "proposal (EU)"], "url": "http://publications.europa.eu/resource/cellar/f9997628-72cb-4dd2-ba34-8643fe05cce4", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b180a18e-9ca1-40e2-ab3f-d2d6f5244b80", "title": "WRITTEN QUESTION No. 2923/91 by Mr Rolf LINKOHR to the Commission. Location of refuse dump on the island of Zakynthos (Greece) in the Ionian Sea -Use of MEDSPA appropriations", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,LINKOHR", "date": "1991-12-09", "subjects": "Ionian Islands,environmental impact,environmental protection,impact study,protected area,public health,storage of waste", "workIds": "celex:91991E002923", "eurovoc_concepts": ["Ionian Islands", "environmental impact", "environmental protection", "impact study", "protected area", "public health", "storage of waste"], "url": "http://publications.europa.eu/resource/cellar/b180a18e-9ca1-40e2-ab3f-d2d6f5244b80", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2e5af327-4f79-4a15-b587-5cc39cf7584e", "title": "WRITTEN QUESTION No. 2939/91 by Mr Christos PAPOUTSIS to the Commission. Protecting the property of Community citizens who have left Zaire", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PAPOUTSIS", "date": "1991-12-09", "subjects": "Democratic Republic of the Congo,EU national,Greece,competence of the Member States,personal property,political violence,real property", "workIds": "celex:91991E002939", "eurovoc_concepts": ["Democratic Republic of the Congo", "EU national", "Greece", "competence of the Member States", "personal property", "political violence", "real property"], "url": "http://publications.europa.eu/resource/cellar/2e5af327-4f79-4a15-b587-5cc39cf7584e", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2a69ed07-80f3-4f4b-9fc8-5933c23a760f", "title": "WRITTEN QUESTION No. 2929/91 by Mr Herman VERBEEK to the Commission. Labelling of foods produced by means of genetic engineering", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,VERBEEK", "date": "1991-12-09", "subjects": "consumer information,consumer protection,foodstuff,genetic engineering,labelling", "workIds": "celex:91991E002929", "eurovoc_concepts": ["consumer information", "consumer protection", "foodstuff", "genetic engineering", "labelling"], "url": "http://publications.europa.eu/resource/cellar/2a69ed07-80f3-4f4b-9fc8-5933c23a760f", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/da619f33-c4cf-4f4b-9027-74da855e455a", "title": "WRITTEN QUESTION No. 2940/91 by Mr Fran\u00e7ois GUILLAUME to the Council. Situation of persons employed by transit agencies in view of the elimination of internal borders as of 1 January 1993", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,GUILLAUME", "date": "1991-12-09", "subjects": "European Social Fund,European official,customs,customs inspection,job cuts,single market,vocational retraining,vocational training", "workIds": "celex:91991E002940", "eurovoc_concepts": ["European Social Fund", "European official", "customs", "customs inspection", "job cuts", "single market", "vocational retraining", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/da619f33-c4cf-4f4b-9027-74da855e455a", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/477604fd-ca47-49cb-810b-d656f5626a92", "title": "Proposal for a COUNCIL REGULATION ( EEC ) partially and temporarily suspending the autonomous duties of the Common Customs Tariff on certain fish fillets ( 1992 )", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-09", "subjects": "fish product,suspension of customs duties", "workIds": "celex:51991PC0514(02),comnat:COM_1991_0514(02)_FIN", "eurovoc_concepts": ["fish product", "suspension of customs duties"], "url": "http://publications.europa.eu/resource/cellar/477604fd-ca47-49cb-810b-d656f5626a92", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 514 final \n\nBrussels, 9 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nopening and providing for the administration of autonomous \n\nCommunity tariff quotas for certain fishery products (1992) \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\npartially and temporariIy|suspending the autonomous duties \n\nof the Common Customs Tariff on certain fish fillets (1992) \n\n(presented by the Commission) \n\n^a\u2122. JiSo^y\u00bb1v4yJ-\n\n\fEXPLANATORY MEMORANDUM \n\nAs part of the annual overall review within the Council concerning the \ngranting of autonomous preferences for fishery products, the Commission has \ndrawn up a report on the markets and supply needs of user industries for \n1992. Having regard to the requirements of the internal and external policies of \nthe Community, the Commission is proposing a certain number of tariff \nmeasures, notably reduced duty tariff quotas or suspensions, to ensure \ncontinuation of Community production in the content of the rules and \nobligations of the common organisation of the markets and to ensure supply \nof the processing industries while also taking into account the current and \nforeseeable situation on the international market. In these conditions, the tariff preferences for the products specified are \nfor products which meet the conditions laid down as regards the reference \nprices fixed, or to be fixed, and which are intended for processing. Furthermore, this proposal foresees the opening of tariff measures from 1 \nApril 1992 for a period extending to 31 December 1992 in order to allow \nplanning of supply to the industry without destabilizing the revenue of \nCommunity producers. This is the purpose of the attached proposals. Proposal \n\nfor \n\nC O U N C IL R E G U L A T I ON (EEC) No \n\n/ 91 \n\no f. opening and providing for the administration of autonomous Community tariff quotas for \ncertain fishery products (1992) \n\nTHE COUNCIL OJ THE EUROPEAN COMMUNITIES, \n\nHaving regard \nEconomic Community, \nthereof, \n\nto the Treaty establishing the European \nin particular Article 28 \n\nand \n\nHaving regard ro the proposal from the Commission, \n\nWhereas Community supplies of certain species of fish or fish \nfillets currently depend on imports from third countries; \nwhereas it is in the Community's interest to suspend partially \nthe customs dunes for the products \nin question, within \ntariff quotas of an appropriate volume; \nCommunity \nwhereas, \nthe development \nprospects of this production in the Community and to ensure \nan adequate supply to satisfy user industries, it is advisable to \nopen these quotas for the period from 1 April to 31 December \n1992 applying customs duties varied accordingly \nto \nsensitivity of the different products on \nthe Community \nmarket; \n\nin order not \n\njeopardize \n\nto \n\nWhereas it is necessary, in particular, to ensure for all \nCommunity importers equal and uninterrupted access to the \nsaid quotas and to ensure the uninterrupted application of \nthe rates laid down for the quotas to all imports of the \nproducts concerned into all Member States until the quotas \n\nhave been used up; whereas rhe necessary measures should be \ntaken to ensure efficient Community management of the \ntariff quotas, while allowing Member States to draw on the \nquota volumes the necessary quantities which correspond to \nof \nactually made; whereas \nimportations \nmanagement \nthe \nrequires \nMember States and the Commission; \n\ntype \nbetween \n\nclose cooperation \n\nthis \n\nWhereas, since the Kingdom of Belgium, the Kingdom of the \nNetherlands and the Grand Duchy of Luxembourg are united \nwithin, and jointly represented by, the Benelux Economic \nUnion, any operation relating to the administration of the \ntariff quotas may be carried out by any of its members, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\n1. From 1 April to 31 December 199 3 the customs duties \napplicable on importation to products listed below shall be \nsuspended at \nthe \nlimits of \nlevels and within \nCommunity tariff quotas; indicated for each product: \n\nthe \n\nthe \n\nSeries \nNo \n\nCN code \n\nDescription \n\nAmount of \nquota \n(in tonnes) \n\nQuota dutv \n(%) \n\n09. 2753 \n\n09. 2755 \n\n09. 2757 \n\n09. 2765 \n\nex 0302 50 \nex 0302 69 35 \nex 0303 60 \nex 0303 79 41 \n\nCod (Gadus morhua, Gadus ogac, Gadus macrocephalus), and fish of \nthe genus Boreogadus saida, excluding, livers, roes, presented fresh, \nchilled or frozen, for processing (a) (b) \n\n50 000 \n\nex 0302 63 00 \nex 0303 73 00 \n\nCoalfish (Pollachtus virens), excluding livers, roes, presented fresh, \nchilled or frozen, for processing (a) (b) \n\n20 000 \n\nex 0302 62 00 \nex 0303 72 00 \n\nHaddock \nexcluding \npresented fresh, chilled or frozen, for processing (a) (b) \n\n(Melanogrammus \n\naeglefinus), \n\nlivers, \n\nroes, \n\n6 000 \n\n0305 62 00 \n0305 69 10 \n\nCod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the \nspecies Boreogadus saida, salted or in brine, but not dried or smoked \n\n51 500 \n\n3,7 \n\nij \n\n3,7 \n\n5 \n\n\fSen, \nN. CN code \n(') \n\nDescription \n\nAmount ol \nquou \n(in loniu-s. Quota duty \n\n09. 2767 \n\n09. 2769 \n\n0305 51 10 \n0305 59 11 \n\nCod (Gadus morhua, Gadus orgac, Gadus macrocephalus) \nthe species Boreogadus \n\nsaida, dried, unsalted, not: smoked \n\nand fish of \n\n300 \n\n0305 30 11 \n0305 30 19 \n\nFish fillets, s a l t ed Of in brine \u00bb\u00b0^c o^ (Gadus morhua, Gadus \nogac, Gadus macrocephalus) \n\nand of fish of the species \n\nBoreogadus \n\nlid a \n\n09. 2771 \n\nex 0305 30 90 \n\nFillets of coalfish Poltachius virens), salted, for processing (a) (b) \n\n09. 2773 \n\nex 0306 13 10 \nex 0306 23 10 \n\nShrimps and prawns of the species Pandalus borealis, \nchilled or frozen, for processing (a) (b) \n\nin shell, fresh, \n\n09. 2789 \n\nex 0302 21 10 \nex 0303 31 10 \n\nLesser or Greenland halibut (Reinhardtius \nchilled or frozen, tor processing (a) (b) \n\nhippoglossoides), \n\nfresh, \n\n10 \n\n2 000 \n\n3 500 \n\n5 0 00 \n\n6 000 \n\n(') See Taric codes in the Annex. 'a\u00ef Control of the use for this special purpose shall be c. uried out pursuant to the relevant Community provisions. 'b; The quota shall apply to products intended to undergo any operation unless they arc intended to undergo exclusively one or more of the following \n\noperations: \n\u2014 cleaning, gutting, tailing, heading. \u2014 cutting (excluding filleting or cutting of frozen blocks. \u2014 sampling, sorting, \n\u2014 labelling, \n\u2022- packing, \n\u2014 chilling, \n\u2014 freezing, \n\u2014 deep freezing, \n\u2014 thawing, separation. The quota is not allowed for products intended, in addition to undergo treatment (or operations) qualifying for the quota where such treatment {or operations) is \n(are) carried out at retail or catering level. The reduction of customs duties shall apply only to fish intended for human consumption. 2. Within the limits of these tariff quotas, the Kingdom of \nSpain and the Portuguese Republic shall apply customs duties \ncalculated in accordance with the relevant provisions in the \nAct of Accesion. 3. Imports of the products in question shall not be \ncovered by the quotas referred to in paragraph 1 unless the \nfree-at-frontier price, which is determined by the Member \nStates in accordance with Article 21 of Regulation (EEC) No \n3796/81('), as last amended by Regulation (EEC) No \n3468/88 (2), is at least equal to the reference price fixed, or \nto be fixed, by the Community for the products under \nconsideration of the categories of the products concerned. Article 2 \n\nThe tariff quotas referred to in Article 1 shall be managed \ntake all appropriate \nby the Commission, which may \nadministrative measures \nto ensure effective \nin order \nadministration thereof. Article 3 \n\nIf an importer presents in a Member State an entry for release \nfor free circulation, including a request for preferential \n\n(') OJ No L 379, 31. 12. 1981, p. 1. (2) OJ No L 305, 10. 11. 1988, p. 1. benefit for a product covered by this Regulation and if this \nentry for release is accepted by the customs authorities, the \nMember States concerned shall inform the Commission and \ndraw an amount corresponding to its requirements from the \ncorresponding quota amount. The drawing requests, with \nindication of the date of \nacceptance of the said entries, must be transmitted to the \nCommission without delay. The drawings are granted by the Commission by reference to \nthe date of acceptance of the entries for release for free \ncirculation by the customs authorities of the Member States \nthat the available balance so \nconcerned to the extent \npermits. If a Member State does not use the quantities drawn, it shall \nreturn them as soon as possible to the corresponding quota \namount. If the quantities requested are greater than the available \nbalance of the quota amount, allocation shall be made on a \npro rata basis with respect to the requests. Member States \n\n\fshall be informed by the Commission of \nmade. the drawings \n\nArticle 5 \n\nArticle 4 \n\nThe Member States and the Commission shall cooperate \nclosely to ensure that this Regulation is complied with. Each Member State shall ensure \nthe \nproducts concerned have equal and uninterrupted access to \nthe quotas for such time as the residual balance of the quota \nvolumes so permits. importers of \n\nthat \n\nArticle 6 \n\nThis Regulation shall enter into force on 1 April 1992-\n\nThis Regulation shall be binding in -its entirety and directly applicable \nStates. ! \n\nin all Member \n\nDone at Brussels, \n\nFor the Council \n\nThe President \n\nANNEX \n\nScries No \n\nCNcode \n\nTaric code \n\n09. 2753 \n\n09. 2755 \n\n09. 2757 \n\n09. 2769 \n\n09. 2771 \n\n09. 2773 \n\n09. 2789 \n\nex 0302 50 10 \nex 0302 50 90 \nex 0302 50 90 \nex 0302 69 35 \nex 0303 60 11 \nex 0303 60 19 \nex 0303 60 90 \nex 0303 79 41 \n\nex 0302 63 00 \nex 0303 73 00 \n\nex 0302 62 00 \nex 0303 72 00 \n\nex 0305 30 11 \nex 0305 30 19 \n\nex 0305 30 90 \n\nex 0306 13 10 \nex 0306 23 10 \nex 0306 23 10 \n\nex 0302 21 10 \nex 0302 31 10 \n\n* 10 \n* 11 \n\u00bb91 \n* 10 \n* 10 \nM0 \n\u00bb 10 \n* 10 \n\n* 10 \n* 10 \n\n* 10 \n* 10 \n\n* 10 \n* 10 \n\n* 13 \n\n* 10 \n* 11 \n\u00bb91 \n\n* 10 \n* 10 \n\n5\" \n\n\fproposal for \n\nCOUNCIL REGULATION (EEC) No \n\n/ 91 \n\npartially and temporarily suspending the autonomous duties of the C o m m on Customs 1 ariff \non certain fish fillets (199p) \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing \nparticular Article 28 thereof, \n\nthe European Economic C o m m u n i t y, and \n\nin \n\nHaving regard to the proposal from the Commission, \n\nWhereas Community supplies of fillets of certain species of fish currently depend on imports \nfrom third countries; whereas it is in the Community's interest to suspend partially the customs \nduties for the products in question; whereas, in order not to jeopardize the development \nprospects of production of competitive products in the Community and to ensure an adequate \nsupply to satisfy user industries, it is advisable to limit these suspension measures to a period \nfrom 1 April to 31 December 199 2 \n\nHAS ADOPTED THIS REGULATION: \n\nArticle I \n\nFrom 1 April to 31 December 1 9 9 2, the a u t o n o m o us duties of the C o m m on Customs Tariff \napplicable to the products listed below shall be suspended at the level indicated in respect of \neach of them: \n\nCNcode \nC) \n\nDescription \n\nRate of dutv \n\nex 0 3 04 20 57 \nex 0304 90 47 \n\nFillets and meat of hake (Merluccius spp. , excluding the genus I \nMerluccius merluccius, Merluccius bilinearis) \n\n, \n\nin \n\nthe \n\nform of \n\nindustrial blocks, \n\nfrozen, \n\nfor \n\nprocessing (a) (b) \n\nex 0 3 04 20 85 \n\nFillets of Alaska pollack (Theragra chalcogramma), in the form of \nindustrial blocks, frozen, for processing (a) (b) \n\n10 \n\n5 \n\n(') See Taric codes in the Annex. (a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions \n(b) The suspension shall apply to products intended to undergo any operation unless they are intended to undergo \n\nexclusively one or more of the following operations: \n\u2014 cleaning, gutting, tailing, heading, \n\u2014 cutting (excluding filleting or cutting of frozen blocks), \n\u2014 sampling, sorting, \n\u2014 labelling, \n\u2014 packing, \n\u2014 chilling, \n\u2014 freezing, \n\u2014 deep freezing, \n\u2014 thawing, separation. The suspension is not allowed for products intended, in addition, to undergo treatment (or operations) qualifying for \nthe suspension where such treatment (or operations) is (are) carried out at retail or catering level. The reduction of \ncustoms duties shall apply only to fish intended for human consumption. 2. In the framework of these suspensions, the Kingdom of Spain a nd the Portuguese \nRepublic shall apply customs duties calculated in accordance with the relevant provisions in the \nAct of Accession. Imports of the products in question shall not be covered by the suspensions i c l. r ml to in \n3. paragraph 1 unless the free-at-frontier price, which is determined by the Member States m \n(EEC) No 3 7 9 6 / 81 ('), \u2022'\u2022' l'l st amended by-\naccordance with Article 21 of Regulation \nRegulation (LLC. ) No 3 4 6 8 / 88 (\u2022'), is at least equal to the reference price fixed, oi to be lixed, \nby the Community for the products under consideration or the categories of the products \nconcerned. This. Regulation shall enter into force on 1 April 1 9 9K \n\nArticle 2 \n\nThis Regulation shall be binding in its entirety and directly applicable \nStates. in all Member \n\nDone at Brussels \n\nFor the Council \n\nThe Pr\u00e9sident \n\nANNEX \n\nCNcodc \n\nTaric code \n\nex 0304 20 57 \nex 0304 20 57 \nex 0304 20 85 \nex 0304 9047 \n\n\u2022 31 \n\u2022 41 \n\u2022 10 \n\u2022 30 \n\n(') OJ No L 379, 31. 12. 1981, p. 1. H OJ No L 305, 10. 11. 1988, p. 2. * \n\n\fFINANCIAL RECORD \n\n1. Budget Iine concerned : Chap. 12 Art. 120 \n\n2. Legal basis : Art. 28 of the Treaty \n\n3. Title of the tariff measure concerned : Proposals for Council \nRegulations opening and providing for the administration of Community \ntariff quotas or partially suspending the duties for certain fishery \nproduct (1992) \n\n4. Objective : To ensure an adequate supply for Community user \nindustries \n\n5. Cost of this tar iff-measure : \n\nOn the basis of the available Community and national statistics, the \ncost of this tariff-measure is estimated at 28. izo. 4^9 ecus. Compared with 1991, increased loss of 10-2>92. 2\u00a39 ecus. ISSN 0254-1475 \n\nCOM(91) 514 final \n\nDOCUMENTS \n\nEN \n\n03 02 \n\nCatalogue number : CB-CO-91-561-EN-C \n\nISBN 92-77-78467-9 \n\nOff\u00eece for Official Publications of the European Communities \nLr2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2e29a91a-797e-486b-bfd7-de2c83c138f6", "title": "WRITTEN QUESTION No. 2933/91 by Mr Virginio BETTINI to the Commission. Tendering procedures for road construction", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "BETTINI,European Parliament", "date": "1991-12-09", "subjects": "Italy,application of EU law,award of contract,competition,high-speed transport,rail transport,works contract", "workIds": "celex:91991E002933", "eurovoc_concepts": ["Italy", "application of EU law", "award of contract", "competition", "high-speed transport", "rail transport", "works contract"], "url": "http://publications.europa.eu/resource/cellar/2e29a91a-797e-486b-bfd7-de2c83c138f6", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/dd1e3a44-cf59-4004-a0e8-cd65ed36711b", "title": "Commission Regulation (EEC) No 3574/91 of 9 December 1991 amending Regulation (EEC) No 1481/86 on the determination of prices of fresh or chilled sheep carcases on representative Community markets and the survey of prices of certain other qualities of sheep carcases in the Community", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-09", "subjects": "fresh meat,frozen product,price index,representative market price,sheepmeat", "workIds": "celex:31991R3574,oj:JOL_1991_338_R_0013_020", "eurovoc_concepts": ["fresh meat", "frozen product", "price index", "representative market price", "sheepmeat"], "url": "http://publications.europa.eu/resource/cellar/dd1e3a44-cf59-4004-a0e8-cd65ed36711b", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+null
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6dd3806e-3df7-485f-ad89-dbcecf18b77a", "title": "WRITTEN QUESTION No. 2912/91 by Mr Ian WHITE to the Commission. Alternative methods of transport", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,WHITE", "date": "1991-12-09", "subjects": "means of transport,motor car,motor vehicle pollution,pollution control measures,public transport,transport policy,urban transport", "workIds": "celex:91991E002912", "eurovoc_concepts": ["means of transport", "motor car", "motor vehicle pollution", "pollution control measures", "public transport", "transport policy", "urban transport"], "url": "http://publications.europa.eu/resource/cellar/6dd3806e-3df7-485f-ad89-dbcecf18b77a", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/58314f50-687e-4f14-ba74-8f93a69644cc", "title": "WRITTEN QUESTION No. 2910/91 by Mrs Anita POLLACK to the Commission. Monitoring the Social Fund", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,POLLACK", "date": "1991-12-09", "subjects": "European Social Fund,aid system,committee (EU),exchange of information", "workIds": "celex:91991E002910", "eurovoc_concepts": ["European Social Fund", "aid system", "committee (EU)", "exchange of information"], "url": "http://publications.europa.eu/resource/cellar/58314f50-687e-4f14-ba74-8f93a69644cc", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4d02ae53-001f-479e-a53d-e8105930e77b", "title": "WRITTEN QUESTION No. 2951/91 by Mr Arturo ESCUDER CROFT to the Commission. ERDF payments in 1990 and 1991", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ESCUDER CROFT,European Parliament", "date": "1991-12-09", "subjects": "Canary Islands,EU investment,European Regional Development Fund,integrated development programme,power plant,road building,tourism,water treatment", "workIds": "celex:91991E002951", "eurovoc_concepts": ["Canary Islands", "EU investment", "European Regional Development Fund", "integrated development programme", "power plant", "road building", "tourism", "water treatment"], "url": "http://publications.europa.eu/resource/cellar/4d02ae53-001f-479e-a53d-e8105930e77b", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9a8015ed-8da1-40d1-83a3-5832c557cff5", "title": "WRITTEN QUESTION No. 2942/91 by Mr James FORD to the Commission. Definition of ' express road'", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,FORD", "date": "1991-12-09", "subjects": "agreement (EU),expressway,international transport,road transport,transport infrastructure", "workIds": "celex:91991E002942", "eurovoc_concepts": ["agreement (EU)", "expressway", "international transport", "road transport", "transport infrastructure"], "url": "http://publications.europa.eu/resource/cellar/9a8015ed-8da1-40d1-83a3-5832c557cff5", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/eccdabe2-b881-41ec-a4b7-c3eb455ff2f4", "title": "Proposal for a COUNCIL REGULATION ( EEC ) amending, as regards the Common agricultural policy, Regulation ( EEC ) N\u00b0 1911/91 on the application of the provisions of Community law for the Canary Island", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-09", "subjects": "Canary Islands,European integration,common agricultural policy,single market,transitional period (EU)", "workIds": "celex:51991PC0510,comnat:COM_1991_0510_FIN,oj:JOC_1991_330_R_0025_01", "eurovoc_concepts": ["Canary Islands", "European integration", "common agricultural policy", "single market", "transitional period (EU)"], "url": "http://publications.europa.eu/resource/cellar/eccdabe2-b881-41ec-a4b7-c3eb455ff2f4", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC91) 510 final \n\nBrussels, 9 December 1991 \n\nProposal for a \n\nrniiKirn RFfrl,)! AT I ON (EEC) \n\namendinq# as reqards the Common agricultural policy, \nRegulation (EEC) N\u00b01911/91 on \nthe application of the provisions of Community law for the \nCanary Island \n\n(presented by the Commission) \n\n\f\u00a3 \n\nEXPLANATORY MEMORANDUM \n\nI. Council Regulation (EEC) No 1911/91 of 26 June made provision for the \narrangements applying to the Canary Islands under the 1985 Act of Accession \n(in particular Protocol 2) to be changed by gradual incorporation of the \nislands in to the customs territory of the Community and general \napplication of the common policies, to be accompanied by suitable measures \nto compensate for their insular character and remoteness. Application of the common agricultural policy from 1 January 1992 (on the \nlines set out in the Poseican programme adopted by the Council on 26 June) \nwas to be accompanied by introduction of specific supply arrangements to \nmeet the essential requirements of the population and the local economy \nunder which no customs duties or levies would be charged and Community aid \nwould be granted on products from the rest of the Community. There were \nalso to be measures geared to the specific constraints of the island group \nto support the local economy and develop essential local agricultural, \nparticularly tropical, production. II. Because of the need to give more detailed consideration to the \nrequirements of the islands' market and to elaborate suitable measures with \nthe partnership of the national and regional authorities application of the \nnew arrangements from 1 January 1992 will not be possible and it is \nproposed to defer them until at the latest 1 July 1992. This need not \naffect application of the other common policies as provided for in \nRegulation (EEC) No 1911/91. III. Deferral will mean that for agricultural products the arrangements set \nout in Protocal 2 annexed to the 1985 Act of Accession will continue to \napply, ie no import duty on supplies from the world market and refunds on \nsupplies from the Community market. IV. The same requirements of more thorough consideration and concertation \ndictate postponement until 1 July 1992 at the latest of application of the \noptions set out in the Poseima programme for the Azores and Madeira, but \nsince no change in regulatory status is involved no further act Is \nnecessary at this time. The measures Introduced several months ago will \nensure supply of agricultural products from the rest of the Community to \nmeet consumption requirements on the islands will continue to apply. Proposal for a \n\nCouncil Regulation (EEC) No / \n\nof \n\namending, as regards the Common agricultural policy, Regulation (EEC) \nNo 1911/91 on the application of the provisions of Community law for the \nCanary Islands. THE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \nparticular the first subparagraph of Article 25(4) thereof, \n\nHaving regard to the proposal from the Commission1, \n\nHaving regard to the opinion of the European Parliament2, \n\nWhereas the Council, by Regulation (EEC) No 1911/91 of 26 June 19913, \ndecided that the Canary Islands should progressively become part of the \nCommunity's customs territory and that, again progressively, all common \npolicies should be applied to them; whereas it was decided that this \nshould be without prejudice to special measures designed to take account of \nthe specific constraints arising from their remoteness, insular nature and \nprevious economic and tax arrangements; \n\n1 OJ No C, \n2 OJ No C, \n3 OJ No L 171, 29. 6. 1991, p. 1 \n\n\fs \n\nWhereas under Articles 2 and 10 of the above mentioned Regulation \napplication of the common agricultural policy is conditional on entry into \nforce of specific supply arrangements; whereas application must moreover be \naccompanied by special measures for the agricultural production of the \nislands; \n\nWhereas the Council Decision of 26 June 1991 setting up a programme of \noptions specific to the remote and insular nature of the Canary Islands \n(Poselean)4 set out the general lines of the options to be exercised to \ntake account of the specific features and constraints encountered in the \ni s Iands; \n\nWhereas for the preparation and implementation of policy instruments a \nfuller picture is needed of the islands' market requirements, with due \nattention paid to local production and traditional trade flov;3, so that the \nmost suitable measures can be framed for supporting and improving \nagriculture in the islands, and in particular developing tropical products; \n\nWhereas the measures must be drawn up within the framework of a partnership \nbetween the Commission and the national and regional authorities in order \nto secure complimentarity with measures adopted at national and regional \nlevel ; \n\nWhereas owing to the complexity of the preparatory work neadod \ntake due account of the specific features and constraints &s meritioned \nabove and to the requirements involved in the partnership it will not be \npossible to apply from 1 January 1992 the measures that ars to accompany \nintroduction of the common agricultural policy to the islands; whereas \napplications should be deferred to at the latest 1 July 1992; \n\nin order to \n\n4 OJ No L 171, 29. 6. 1991, p. 5 \n\n\fWhereas it should be recalled that until entry into force of the specific \nsupply arrangements the provisions of the Act of Accession on application \nof the common agricultural policy to the Canary Islands shall apply, except \nfor those governing access of products originating in the islands to other \nparts of the Community, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\nIn Article 10(2) of Council Regulation (EEC) No 1911/91 the date of \n1 January 1992 In the second sentence is replaced by 1 July 1992. Article. 2 \n\nThis Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in \na 11 Member States. Done at Brussels, \n\nFor the Council \n\n\fF INANCIAL STATEMENT \n\n1. BUDGET HEADING: 183 \n251 \n\n2. TITLE: \n\nDATE: \n\nAPPROPRIATIONS: ECU 46 mi 11 ion \nECU 21 ml 11 ion \n\nAmencJnent to Regulation (EEC) ND 1911/91 on the application of the provisions of Comunity law to the \nCanary Islands as regards the application of the carman agricultural policy. 3. LEGAL BASIS: Article 24 of the Act of Accession of Spain and Portugal \n\nCouncil Regulation (EEC) ND 1911/91 \n\n4. AIMS OF PROJECT: \n\nPostponement of the date of appi icaticn of the CAP to the Canary Islands from 1 January to 1 July 1992. Period of 12 months \n\nECU mi 11 ion \n\nCurrent Financial Year \n1992 \nECU mi 11 ion \n\nFollowing Financial Year \n1993 \nECU million \n\n- 20 \n\n1994 \n\n1995 \n\n1996 \n\n1997 \n\n5. FINANCIAL IMPLICATIONS \n\n5. 0 EXPENDITURE \n\n- CHARGED TO THE EC BUDGET \n- (REFUNDS/INTERVENT ION) \n- NATIONAL ADMINISTRATION \n-OTHER \n\n5. 1 REVENUE \n\n- Om RESOURCES OF THE EC \n(LEVIES/CUSTOMS DUTIES) \n\n- NATIONAL \n\n5. 0. 1 ESTIMATED EXPENDITURE \n5. 1. 1 ESTIMATED REVENUE \n\n5. 2 METHOD OF CALCULATION: \n\nThis measure will result in substantial time being lost in the implementation of the POSE I CAN and \nPOSEIMA programmes budget appropriations which amount to ECU 20 mi 11 ion in the 1992 draft budget. This expenditure is therefore likely rot to be ocnmitted before 15 October 1992. 6. 0 CAN THE PROJECT BE FINANCED FRCM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? \n\n6. 1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? \n\n6. 2 \n\nIS A SUPPLB\u20acNTARY BUDGET NECESSARY? \n\n6. 3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? \n\nOBSERVATIONS: \n\nYES \n\nYES \n\nND \n\nNO \n\n\f\fISSN 0254-1475 \n\nCOM(91) 510 final \n\nDOCUMENTS \n\nEN \n\n06 03 \n\nCatalogue number : CB-CO-91-555-EN-C \n\nISBN 91-11-12311-H \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9a95c142-1259-4586-8877-4ff9fe08c1cb", "title": "WRITTEN QUESTION No. 2919/91 by Cristiana MUSCARDINI to the Commission. Protection of the Italian cultural heritage", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MUSCARDINI", "date": "1991-12-09", "subjects": "Italy,administrative cooperation,cultural heritage,cultural object,cultural policy,exchange of information,heritage protection,museum", "workIds": "celex:91991E002919", "eurovoc_concepts": ["Italy", "administrative cooperation", "cultural heritage", "cultural object", "cultural policy", "exchange of information", "heritage protection", "museum"], "url": "http://publications.europa.eu/resource/cellar/9a95c142-1259-4586-8877-4ff9fe08c1cb", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6f834d5a-7618-46fc-ba56-a73f6e51a526", "title": "WRITTEN QUESTION No. 2924/91 by Mrs Karla PEIJS to the Commission. Internal market in gambling", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PEIJS", "date": "1991-12-09", "subjects": "State aid,approximation of laws,competition,free movement of capital,freedom to provide services,game of chance,right of establishment,single market", "workIds": "celex:91991E002924", "eurovoc_concepts": ["State aid", "approximation of laws", "competition", "free movement of capital", "freedom to provide services", "game of chance", "right of establishment", "single market"], "url": "http://publications.europa.eu/resource/cellar/6f834d5a-7618-46fc-ba56-a73f6e51a526", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/fdf501d9-70b0-4833-ae93-3fe4e113d3fc", "title": "Communication on the comparability of vocational training qualifications between the Member States of the European Community established in implementing Council Decision 85/368/EEC of 16 July 1985, ' Textile industry' sector", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_legislative_other_oj_c,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-07", "subjects": "equivalence of diplomas,job description,professional qualifications,textile industry,vocational training", "workIds": "celex:31991Y1207(02),oj:JOC_1991_318_R_0001_01", "eurovoc_concepts": ["equivalence of diplomas", "job description", "professional qualifications", "textile industry", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/fdf501d9-70b0-4833-ae93-3fe4e113d3fc", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/96e07215-eb2c-45bc-8b12-bda86d89877b", "title": "Commission Directive 91/662/EEC of 6 December 1991 adapting to technical progress Council Directive 74/297/EEC in respect of the behaviour of the steering wheel and column in an impact", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "approval,approximation of laws,driving mechanism,marketing standard,motor vehicle,safety device,technical standard", "workIds": "celex:31991L0662,oj:JOL_1991_366_R_0001_004", "eurovoc_concepts": ["approval", "approximation of laws", "driving mechanism", "marketing standard", "motor vehicle", "safety device", "technical standard"], "url": "http://publications.europa.eu/resource/cellar/96e07215-eb2c-45bc-8b12-bda86d89877b", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f3d0cce4-a621-4fab-9fef-ace2f2c75a4c", "title": "Proposal for a COUNCIL DECISION concerning the provisional application of the Agreed Minute modifying the Agreement between the European Economic Community and Bulgaria on trade in textile products", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_other,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "agreement (EU),distributive trades,textile product", "workIds": "celex:51991PC0507,comnat:COM_1991_0507_FIN", "eurovoc_concepts": ["agreement (EU)", "distributive trades", "textile product"], "url": "http://publications.europa.eu/resource/cellar/f3d0cce4-a621-4fab-9fef-ace2f2c75a4c", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91)507 final \n\nBrussels, 6 December 1991 \n\nR-\n\nProposal for a \n\nCOUNCIL DE\u00c7iglQN \n\nconcerning the provisional application of the Agreed Minute \n\nmodifying the Agreement between \n\nthe European Economic Community \n\nand Bulgaria \n\non trade in textile products \n\n(presented by the Commission) \n\n\f-I-\n\nEXPLANATORY MEMORANDUM \n\nThe attached draft decision of the Council concerns the \nadjustments to be made to the quantitative limits for \ntextile categories 2, 4, 5 and 6 of the Agreement on trade \nin textile products between the European Economic Community \nand Bulgaria initialled on 11 July 1986 and applied \nprovisionally since 1 January 1987, as well as the Exchange \nof Letters modifying the Agreement on trade in textile \nproducts between Bulgaria and the European Economic \nCommunity, initialled on 21 November 1991 and applicable \nfrom 1 January 1992. These adjustments became necessary \nfollowing Bulgaria's request for increased market access \nfor textiles under the PHARE action plan. They correspond \nto the negotiating directives which were approved by the \nCouncil on 7 October 1991. 2. 3. 4. The amendments are set out in the Agreed Minute between the \nEuropean Economic Community and Bulgaria which was \ninitialled on 21 November 1991 (attached to the draft \nCouncil decision). The draft decision of the Council foresees the provisional \nentry into force of the adjustments referred to above as \nfrom 21 November 1991 provided it is applied likewise by \nBulgaria. This proposal should be treated by the Council at the \nearliest possible occasion in order to enable the \nCommission to take the necessary measures to ensure that \nthe amended provisions are properly administered. Proposal for a \n\nC O U N C IL D E C I S I ON \n\nof \n\n~} \n\nc o n c e r n i ng \nA g r e e m e nt between the European E c o n o m ic C o m m u n i ty and \n\nthe provisional application of the Agreed Minute amending \n\nthe \nREPUBLIC Of \n\nB U L G A R IA \n\non trade in textile products \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European \nEconomic Community, and \nin particular Article 113 \nthereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pending \nthe procedures \nnecessary for its conclusion, the Agreement between the \nEuropean Economic Community and BULGARIA \n\nthe completion of \n\n\". :\u2022 initialled on 11 JULY \u00ab986, has \n\nbeen provisionally applied since 1 January 1987 in accor \ndance, having regard to the Community, with Decisions \n87/49$/EEC(');and \n\n<2>. Whereas that Apreemej^f provides for the possibility of \nadjustments to the quantitative limits ; \n\nWhereas BULGARIA \naccepted the offer for improved \nmarket access which the Community made on the basis \nof a specific request submitted by BULGARIA \nunder \nthe Phare action plan and it was agreed, in an Agreed \nMinute of. 21 November 1991 t0 increase for 1991 and 1992 \nthe Community quantitative limits of a number of catego \nries mentioned in Annex II to the aforementioned Agree \nment ; \n\nWhereas both parties agreed that the aforesaid quota \nincreases are exceptional and intended to contribute to \nthe co-ordinated effort of the 'Group of 24' industrialized \ncountries, to facilitate the restructuring of BULGARIA'S \n\n(') OJ No L 287, 9. 10. 1987, p. 89. ( 2) OJ N\u00b0 L \n\n, p. -I-\n\n- economy through, inter alia, improved access to \n\nthe Community's markets; \n\nWhereas it was agreed that the said Agreed Minute will be \napplied provisionally as from 21 NOVEMBER 1991 pending \nthe completion of the procedures necessary for its conclu \nsion, provided that there is a reciprocal provisional appli \ncation on the part of the contracting party, \n\nHAS DECIDED AS FOLLOWS : \n\nSole Article \n\nThe Agreed Minute amending the Agreement between \nthe European Economic Community and BULGARIA \n\n* on trade in textile products shall \n\nbe applied provisionally as from 2^pvEH8EJ? 1991 \npending its formal conclusion, provided that there is a \nreciprocal provisional application on the part of the \ncontracting party. The text of the Agreed Minute \nDecision. is attached to this \n\nDone at Brussels, \n\nFor the Council \n\n\fAGREED MINUTE \n\n1. Consultations between delegations of the European Economic \nCommunity and the Republic of Bulgaria were held in Brussels on 21 \nnovember 1991 on the basis of a specific request made by the \nRepublic of Bulgaria on 3 April 1991, in the context of the PHARE \nprogramme, for greater access to the Community market in textile \nand clothing products. 2. Bulgaria accepted the autonomous offer of the Community for an \nimproved access to the Community market and the following was \nagreed: \n\nIn 1991 the quantitative limits for a certain number of \ncategories listed in Annex II of the Agreement between the \nEuropean Economic Community and Bulgaria, initialled on 11 July \n1986 and applied since 1 January 1987, will be increased by the \nquantities listed in the annex attached to this Agreed Minute. In 1992 the quantitative limits for a certain number of \ncategories listed in Appendix 1 of the Agreement in the form of \nan Exchange of Letters modifying the Agreement between the \nEuropean Economic Community and Bulgaria on trade in textile \npoducts, initialled on 21 November 1991 and applicable from 1 \nJanuary 1992, will be increased by the quantities listed in the \nannex attached to this Agreed Minute. 3. The two Parties agreed that the increases mentioned in paragraph 2 \nof this Agreed Minute are exceptional and constitute a contribution \nto the coordinated effort of the countries in the \"Group of 24\" \naimed at helping the restructuring of the Bulgarian economy \nthrough, inter alia, improved access to the Community market. lt is \nin this spirit that the additional quantities listed in the annex \nto this Agreed Minute will be integrated into the existing textile \nagreement, as amended, between Bulgaria and the Community. 4. The two Parties agreed that the increases provided for in this \nAgreed Minute will be provisionally applied from 21 November 1991. Brussels, 21 November 1991 \n\nDelegat ion of the \nRepublic of Bulgaria \n\nDelegation of the European \nEconomic Community \n\n\fANNEX \n\nINCREASE OF EEC QUANTITATIVE LIMITS FOR THE REPUBLIC OF BULGARIA FOR \n1991 AND 1992 \n\nFor practical reasons the product description used in the Annex are \ngiven in abbreviated form \n\nCategory \n\nDescription \n\nUnits \n\nIncrease of EEC \nIimits \n\n1991 \n\n1992 \n\n2 \n\n4 \n\n5 \n\n6 \n\nWoven fabr ics of \ncotton \n\ntonnes \n\n500 \n\n500 \n\nT-shirts \n\nPullovers \n\nWoven trousers \n\n1000 \npieces \n\n1000 \npieces \n\n1000 \npieces \n\n150 \n\n150 \n\n750 \n\n750 \n\n100 \n\n100 \n\n\f4 \n\nISSN 0254-1475 \n\nCOM(91) 507 final \n\nDOCUMENTS \n\nEN \n\n02 il \n\nCatalogue number : CB-CO-91-558-EN-C \n\nISBN 92-77-78404-0 \n\nOffice for Official Publications of the European Communities \n\nLr2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c90e254a-81b8-4916-bded-457c687c61be", "title": "92/18/EEC: Commission Decision of 6 December 1991 on applications for assistance from the European Communities concerning exceptional financial support for Greece in the social field submitted by the Hellenic Republic (1991) (Only the Greek text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "European social policy,Greece,psychiatric institution,vocational training", "workIds": "celex:31992D0018,oj:JOL_1992_009_R_0018_024", "eurovoc_concepts": ["European social policy", "Greece", "psychiatric institution", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/c90e254a-81b8-4916-bded-457c687c61be", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/34a8f334-8044-4a90-bc19-213be81fa2a2", "title": "Commission Regulation (EEC) No 3561/91 of 6 December 1991 amending Regulation (EEC) No 2814/91 laying down detailed rules for the definition of lambs fattened as heavy carcases", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "common organisation of markets,goatmeat,sheepmeat", "workIds": "celex:31991R3561,oj:JOL_1991_336_R_0029_042", "eurovoc_concepts": ["common organisation of markets", "goatmeat", "sheepmeat"], "url": "http://publications.europa.eu/resource/cellar/34a8f334-8044-4a90-bc19-213be81fa2a2", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/1ab3321b-88bc-4410-b77a-2dab7d1b1d01", "title": "Proposal for a COUNCIL REGULATION ( EEC ) laying down for 1992 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Sweden", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "Sweden,fishery management,fishing area,sea fishing", "workIds": "celex:51991PC0519(01),comnat:COM_1991_0519(01)_FIN", "eurovoc_concepts": ["Sweden", "fishery management", "fishing area", "sea fishing"], "url": "http://publications.europa.eu/resource/cellar/1ab3321b-88bc-4410-b77a-2dab7d1b1d01", "lang": "eng", "formats": ["pdf"], "text": "\u00abCCtMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 519 final \n\nBrussels, 6 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nlaying down for 1992 certain measures for the conservation and \n\nmanagement of fishery resources applicable \n\nto vessels flying the flag of Sweden \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nallocating for 1992, catch quotas between Member States \n\nfor vessels fishing in Swedish waters \n\n(presented by the Commission) \n\n\f\u2022I-\n\nEXPLANATORY MFMORANDUM \n\nIn accordance with the framework Fisheries Agreement, consultations \n\nwere held between the Community and Sweden in Brussels on 25-26 \n\nNovember 1991, resulting in an agreement on reciprocal fisheries \n\narrangements for 1992, covering the fishing rights of each Party In the \n\nzone of the other, the fixing of total allowable catches (TACs) for \n\ncommon stocks In the Kattegat and the allocation of these catches \n\nbetween the Parties. The purpose of this proposal for a Regulation is to authorize Swedish \n\nvessels to fish the quotas allocated to them for 1992 In Community \n\nwaters, in accordance with the abovementloned reciprocal arrangements. \u2022i. ,iiMisiiisiBHtke**th^\u00abte*otuu*i*Mtii*m*9mm*wun**tii\u00bbi \u2022\u2022\u00ab '<\u2022<>*. - $-\n\nProposal for a \n\n- *;. COUNCIL REGULATION (EEC) No \n\nof. December \n\nlaying down for 1992. certain measures for the conservation and management of fishery \nresources applicable to vessels flying the flag of Sweden \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nactivities (4), \n3483/88 (5); \n\nas amended by Regulation \n\n(EEC) No \n\nHaving regard to the Treaty establishing the European \nEconomic Community, \n\nHaving regard to Council Regulation (EEC) No 170/83 c \n25 January 1983 establishing a Community system for the \nconservation and management of fishery resources (*), as \namended by the Act of Accession of Spain and Portugal (2), \nand in particular Article 11 thereof, \n\nWhereas Article 3 (2) of Commission Regulation (EEC) \nNo 1381/87 of 20 May 1987 establishing detailed rules \nfishing \nconcerning the marking and documentation of \nvessels (6) provides \nthat all vessels with chilled or \nrefrigerated sea-water \nto keep on board a \ntanks are \ndocument certified by a competent authority and specifying \nthe calibration of the tanks in cubic metres at 10-centimetre \nintervals; \n\nHaving regard to the proposal from the Commission, \n\nWhereas, in accordance with the procedure provided for in \nthe Fisheries Agreement between the European Economic \nCommunity and the Government of Sweden (3), and in \nparticular Articles 2 and 6 thereof, the Community and \nSweden have held consultations concerning their mutual \nfishing rights for 1992 and the management of common \nbiological resources; \n\nin \n\nthe course of \nto \n\nthe \nWhereas, \ndelegations agreed \nrespective \nauthorities that certain catch quotas for 1992 should be \nfixed for the vessels of the other Party; \n\nthese consultations, \n\nrecommend \n\ntheir \n\nto \n\nWhereas the Agreement comprises an exchange, for 1992, \nof certain supplementary catch quotas, as a consequence of \nthe German unification, the Community being the legal \nsuccessor to the German Democratic Republic with respect \nto the Agreement between the Government of the German \nDemocratic Republic and the Government of Sweden on \nFisheries; \n\nWhereas the Agreement of 19 December 1966 between \nDenmark, Norway and Sweden on mutual access to fishing \nin the Skagerrak and Kattegat provides that each Party is to \ngrant fishing vessels of the other Parties access to its fishing \nzone in the Skagerrak and part of the Kattegat up to four \nnautical miles from the baselines, without any quantitative \nlimitation; \n\nWhereas the Convention of 31 December 1932 between \nDenmark and Sweden concerning fishing conditions in the \nmaritime waters bordering on both Parties provides that \neach Party shall grant fishing vessels of the other Party \naccess to its fishing zone in the Kattegat up to three \nnautical miles from the coast and in certain parts of the \n0resund and the Baltic Sea up to the baselines, without any \nquantitative limitation, \n\nHAS ADOPTED THIS REGULATION: \n\nWhereas, under the terms of Article 3 of Regulation (EEC) \nNo 1 7 0 / 8 3, it is for the Council to fix the total catches \nallocated to third countries and to lay down the specific \nconditions under which such catches must be taken; \n\nWhereas the fishing activities covered by this Regulation \nthe control measures provided for by \nare subject \n(EEC) No 2241/87 of 23 July \nCouncil Regulation \nfishing \n1987 establishing certain control measures for \n\nto \n\nArticle 1 \n\n1. Vessels flying the flag of Sweden are hereby authorized \nuntil 31 December 1992 to fish for the species listed in \nAnnex I, within the geographical and quantitative limits \nlaid down therein and in accordance with this Regulation, \nin the 200-nautical-mile fishing zone of the Member States \nin the North Sea, Skagerrak, Kattegat, Baltic Sea and \nAtlantic Ocean north of 43\u00b0 00' N. t*) OI No L 207, 29. 7. 1987, p. 1. 2. Notwithstanding paragraph 1, vessels flying the flag of \nSweden \nfish, without any \nquantitative limitation, in the Skagerrak, Kattegat and \n0resund. shall be authorized \n\nto \n\n3. For the purposes of this Regulation: \n\n\u2014 the Skagerrak is the area bounded in the west by a line \ndrawn from the Hanstholm lighthouse to the Lindesnes \nlighthouse and in the south by a line drawn from the \nSkagen lighthouse to the Tistlarna lighthouse and from \nthere to the nearest point on the Swedish coast, \n\n\u2014 the Kattegat is the area bounded in the north by a line \ndrawn from the Skagen lighthouse to the Tistlarna \nlighthouse and from there to the nearest point on the \nSwedish coast and in the south by a line drawn from \nHasenore Head to Gniben Point, from Korshage to \nSpodsbjerg, and from Gilbjerg Head to the Kullen, \n\n\u2014 the 0resund is the area bounded in the north by a line \ndrawn from Gilbjerg Point to the Kullen and in the \nsouth by a line drawn from the Stevns lighthouse to the \nFalsterbo lighthouse. 4. Fishing authorized under paragraphs 1 and 2 shall be \nlimited to those parts of the 200-nautical-mile fishing zone \nlying seawards of 12 nautical miles from the baselines from \nwhich the fishing zones of Member States are measured, \nwith the following exceptions: \n\n(a) fishing in Skagerrak is authorized seawards of four \n\nnautical miles from the baselines of Denmark; \n\n(b) fishing in Kattegat is authorized seawards of three \n\nnautical miles from the coast of Denmark; \n\n(c) fishing in the Baltic Sea is authorized seawards of three \n\nnautical miles from the baselines of Denmark; \n\n(d) fishing in Oresund is authorized within the areas and in \naccordance with the conditions set out in Annex II. 5. Notwithstanding paragraph 1, unavoidable by-catches \nof a species for which no quota is established in a zone shall \nbe permitted within the limits fixed in the conservation \nmeasures in force in the zone concerned. -k-\n\n2. The vessels referred to in paragraph 1 shall keep \nlog-book in which the information set out in Annex I \nshall be entered. 3. The vessels referred to in paragraph 1 shall transmit \nthe Commission, in accordance with the rules laid down \nAnnex IV, the information set out an that Annex. 4. Those vessels referred to in paragraph 1 which hx \nchilled or refrigerated sea-water tanks shall keep on boai \na document certified by a competent authority ar \nspecifying the calibration of the tanks in cubic metres \n10-centimetre intervals. 5. The registration letters and numbers of the vesse \nreferred to in paragraph 1 must be clearly marked on tl \nbow of each vessel on both sides. Article 3 \n\n1. Fishing within ICES sub-area IV and ICES divisions 1 \nc and d under the quotas fixed in Article 1 shall I \npermitted only where a licence has been issued by tl \nCommission on behalf of the Community at the request < \nin compliance with tl \nthe Swedish authorities and \nconditions set out in Annexes II, III and IV. Copies of the \nAnnexes shall be kept on board each vessel. The vessels to be licensed for fishing in the Communi \nzone during a given month will be notified at the latest I \nthe 10th day of the preceding month. The Community sh; \nprocess expeditiously requests for adjustments to a month \nlist during its currency. 2. Licences shall be issued for the purposes of paragraph \nprovided that the number of licences valid at any tin \nduring a given month does not exceed: \n\n74 for the fishing of cod, sprat and herring in the Ball \nSea, including quotas granted to Sweden under tl \nAgreement between the Government of the Germi \nDemocratic Republic and the Government of Swedi \non Fisheries, \n\n6. By-catches in a given zone of a species for which a \nquota is established in that zone shall be counted against \nthe quota concerned. 53 for the fishing of herring, sprat and mackerel \nICES divisions IV a and b, \n\nArticle 2 \n\n1. Vessels fishing within the quotas fixed in Article 1 shall \ncomply with the conservation and control measures and all \n\n14 for the fishing of cod, haddock, whiting and othe \nin ICES sub-area IV, \n\nfive for the fishing'of salmon in the Baltic Sea. -s-\n\n(a) name of the vessel; \n\n(b) registration number; \n\n(c) external identification letters and numbers; \n\n(d) port of registration; \n\n(e) name and address of the owner or charterer; \n\n(f) gross tonnage and overall length; \n\n(g) engine power; \n\n(h) call sign and radio frequency; \n\n(i) intended method of fishing; \n\n(j) intended area of fishing; \n\n(k) species for which it is intended to fish; \n\n(1) period for which a licence is requested. 4. Each licence shall be valid for one vessel only. Where \ntwo or more vessels are taking part in the same fishing \noperation, each vessel must be in possession of a licence. 5. Licences may be cancelled with a view to the issue of \nnew licences. Such cancellations shall take effect on the day \nbefore the date of issue of the new licences by the \nCommission. New licences shall take effect from their date \nof issue. 6. Licences shall be wholly or partially withdrawn before \nthe date of expiry if the respective quotas fixed in Article 1 \nhave been exhausted. 7. Licences shall be withdrawn in the event of any failure \nto meet the obligations laid down in this Regulation. 8. For a period not exceeding 12 months, no licence shall \nbe issued for any vessel in respect of which the obligations \nlaid down in this1 Regulation have not been met. 9. Vessels authorized to fish on 31 December may \ncontinue fishing as from the beginning of the next year \nuntil the lists of vessels permitted to fish during the year in \nquestion are/ submitted \nto and approved by the \nCommission on behalf of the Community. Article 4 \n\nWhere an infringement is duly, found to have taken place, \nthe Member States shall without delay \ninform the \nCommission of the name of the vessel concerned and of any \naction they have taken. The Commission shall submit, on behalf of \nthe \nCommunity, to Sweden the names and characteristics of \nthe Swedish vessels which will not be authorized to fish in \nthe Community's fishing zone the next month(s) as a \nconsequence of an infringement of Community rules. Article S \n\nThis Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member \nStates. Done at Brussels, December \n\nFor the Council \n\nThe President \n\n\fANNEX \n\nI \n\nSwedish catch quotas for 1992 \n\n,. Area within which \nfishing is authorized \n\nQuantity \n(tonnes) \n\nCod \n\nSalmon \nHaddock \nWhiting \nHerring \n\nMackerel \nSprat \n\nOthers \n\n* \n\nICES III c, d \nICES IV \nICES HI c, d \nICES IV \nICES IV \nICES HI c, d \nICES IV a, b \nICES IV a, b \nICES HI c, d \nICES IV a, b \nICES IV \n\n(' These quotas may be interchanged. (5) (4) \n0) \n\n(!) \n\n1 390 \n130 \n10 \n300 \n20 \n3 650 \n4 450 \n3 000 2. ) \n2 \u00b0 \u00b0\u00b0 \n320 \n1 000 0) \n\n(3 Of which 2700tonnes shall be fished in IVa \nC# \n\ntonne\u00bb *fe reserved I \ntonnes arc reserved for by-catches of horse mackerel \nin, inter \u00ab/\u00ab^fishing for mackerel, prawns (panda Lus) OTlty aS by-CatCn \n\ng 50 \n\n(<jf Of which 2 00 tonnes as a supplementary catch quota in ICES III d for 1992, granted to Sweden under the Agreement \nbetween the Government of the German Democratic Republic and the Government of Sweden on Fisheries, to be fished in \nthe fishing zone as defined in the last paragraph of the preamble of that Agreement. (5) to additional 60t as flatfish by-catch in the cod fishery \n\nANNEX I! \n\n1. Inside a depth of seven metres, only the following are allowed: \n\n(a) fishing by net for herring; and \n(b) fishing by lines in the months of July to October inclusive. 2. Outside a depth of seven metres, by trawl or seine is prohibited south of a line from Ellekilde Hage to \n\nLerberget. 3. Notwithstanding paragraph 2, fishing is allowed on the Middelgrundcn by 'agnvod* which does not \n\nmeasure more than 7,5 metres between 'armspidserrie'. 4. North of the line referred to in paragraph 2, fishing by trawl or Danish seine is allowed up to three nautical \n\nmiles from the coast. ANNEX III \n\nWhen fishing within the 200-nautical-mile zone off the coasts of the Member States of the Community which is \ncovered by Community rules on fisheries, the following details are to be entered in the log-book immediately \nafter the following events: \n1. after each haul \n1. 1. 1. 2. 1. 3. 1. 4. the quantity (in kilograms live-weight) of each species caught; \nthe date and the time of the haul; \nthe geographical position in which the catches were made; \nthe fishing method used; \n\n2. after each transhipment to or from another vessel \nthe indication 'received from' or 'transfered to'; \n2. 1. the quantity (in kilograms live-weight) of each species transhipped; \n2. 2. the name, external identification letters and numbers of the vessel to or from which the transhipment \n2. 3. occurred; \n\n3. after each landing in a port of the Community \n3. 1. 3. 2. name of the port; \nthe quantity (in kilograms live-weight) of each species landed; \n\n4. after each transmission of information to the Commission of the European Communities \n4. 1. 4. 2. date and time of the transmission; \ntype of message: IN, OUT, ICES, WKL or 2 WKL; \n\n\f-t \n\nANNEX IV \n\n1. The information to be transmitted to the Commission and the timetable for its transmission is as follows: \n\n1. 1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member States of the \n\nCommunity which is covered by Community rules on fisheries: \n(a) the information specified under 1. 5; \n(b) the quantity (in kilograms live-weight) Of each species of fish in the hold; \n(c) the date and ICES division within which the master intends to commence fishing. Where the fishing operations necessitate more than one entry into die zone referred to under 1. 1 on a given day, \none communication shall suffice on first entry. 1. 2. On each occasion the vessel leaves the zone referred to under. 1. 1: \n\ni. (a) the information specified under 1. 5; \n(b) the quantity (in kilograms live-weight) of each species of fish in the hold; \n(c) the quantity (in kilograms live-weight). of each species caught since the previous transmission; I \n(d) the ICES division in which the catches were taken; \n(e) the quantity (in kilograms live-weight) of each species transferred-to and/or from other vessels since the \n\nvessel entered the zone and the identification of die vessel. to which the transfer was made; \n\n(f) the quantity (in kilograms live-weight) of each species landed in a port of the Community since the vessel \n\nentered the zone. Where the fishing operations necessitate more than one entry into the zones referred to under J. 1 on any given \nday, one single communication on the last exit will be sufficient. 1. 3. At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1. 1 \nwhen fishing for herring and mackerel, and at weekly intervals, commencing on the seventh day after the vessel \n\n' first enters the zone referred to under 1. 1 when fishing for all species other than herring and mackerel: \n\n(a) the information specified under 1. 5; \n(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission; \n(c) the ICES division in which the catches were made. 1. 4. On each occasion the vessel moves from one ICES division to another: \n\n(a) the information specified under 1. 5; \n(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission; \n(c) the ICES division in which the catches have been takeni \n\n1. 5. (a) the name, call sign, external identification letters and numbers of the vessel and the name of its master; \n\n(b) the serial number of the message for the voyage concerned; \n(c) identification of the type of message; \n(d) the date, the time and the geographical position of the vessel. 2. 1. The information specified under point 1 shall be transmitted to the Commission of the European Communities \nin Brussels (telex 24 189 FISEU-B) via one of the radio stations listed under point 3 below and in the form \nspecified under point 4. 2. 2. If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be \ntransmitted on the vessel's behalf by another vessel. 3. Name of radio station \nSkagen \nBl\u00e2vand \nNorddeich \n\nSchevcningen \nOostendc \nNorth Foreland \nHumber \n/\". M. Call sign of radio station \nOXP \nOXB \nDAF DAK \nDAH DAL \nDAI DAM \nDAJ DAN \nPCH \nOST \nGNF \nGKZ \nr. rr \n\n\f(f \u2022-\n\nPortpatrick \nAnglesey \nIlfracombe \nNiton \nStonehaven \nPortishcad \n\nLand's End \nValentia \nMalin Head \nBoulogne \nBrest \nSaint-Nazaire \nBordeaux-Arcachon \n\nStockholm \nGoteborg \nRenne \n\nGPK \nGLV \nGIL \nGNI \nGND \nGKA \nGKB \nGKC \nGLD \nEJK \nEJM \nFFB \nFFU \nFFO \nFFC \n\nSOJ \nSOG \nOYE \n\n4. Form of the communications \n\nThe information specified under point 1 shall contain the following elements which shall be given in the \nfollowing order: \n\n\u2014 name of vessel, \n\n\u2014 call sign, \n\n\u2014 external identification letters and numbers, \n\n\u2014 serial number of the message for the voyage in question, \n\n\u2014: indication of the. type of message according to the following code: \n\n\u2014 message when entering one of the zones referred-to under 1. 1: 'IN\\ \n\u2014 message when leaving one of the zones referred to under 1. 1: 'OUT, \n\u2014 message when moving from one ICES division to another: 'ICES', \n\u2014 weekly message: *WKL\\ \n\u2014 three-day message: '2 WKL', \n\n\u2014 the date, the time and the geographical position, \n\n\u2014 the ICES divisions/sub-areas in which fishing is expected to commence, \n\n\u2014 the date on which fishing is expected to commence, \n\n\u2014 the quantity (in kilograms live-weight) of each species of fish in the hold using the code mentioned in \n\npoint 5, \n\n\u2014 the quantity (in kilograms live-weight) of each species of fish caught since the previous transmission using \n\nthe code mentioned in point 5, \n\n\u2014 the ICES divisions/sub-areas in which the catches were made, \n\n\u2014 the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the \n\nprevious transmission, \n\n\u2014 the name and call sign of the vessel to and/or from which the transfer was made, \n\n\u2014 the quantity (in kilograms live-weight) of each species landed in a port of the Community since the previous \n\ntransmission, \n\n\u2014 the name of the master. 5. The code to be used to indicate the species on board as mentioned in point 4 above: \nPRA \u2014 Northern deep-water prawn (Pandalus borealis), \nHKE \u2014 Hake (Merluccius merluccius), \nGHL \u2014 Greenland halibut (Reinhardtius hippoglossoides), \nCOD \u2014 Cod (Gadus morhua), \nHAD \u2014 Haddock (Melanogrammus aeglefinus), \nHAL \u2014 Halibut (Hippoglossus hippoglossus), \n\n\f~y \n\nRNG \u2014 Round-nose grenadier (Coryphaenoides rupestris), \n\nPOK \u2014 Saithe (Pollachius virens), \nWHG \u2014 Whiting (M erlangusmerlangus), \n\nHER \u2014 Herring (Clupea harengus), \nSAN \u2014 Sand-eel (Ammodytes spp. ), \nSPR \u2014 Sprat (Sprattus sprattus), \nPLE \u2014 Plaice (Pleuronectes platessa),' \nNOP \u2014 Norway pout (Trisopterus esmarkii), \nLIN \u2014 Ling (Molva molva), \n\nPEZ \u2014 Shrimp (Penaeidae), \nANE \u2014 Anchovy (Engraulis ericrasicholus), \nRED \u2014 Redfish (Sebastes spp. ;, \nPLA \u2014 American plaice (Hylpoglossoides platessoides), \n\nSQX \u2014 Squid (Illex spp. ;. YEL \u2014 Yellowtail flounder (Limanda ferruginea), \nWHB \u2014 Blue whiting (Micromesistius poutassou), \nTUN \u2014 Tuna (Thunmdae), \nBU \u2014 Blue ling (Molva dypterygia), \nUSK \u2014 Tusk (Brosme brosme), \nDGS \u2014 Dogfish (Squalus acanthias), \nBSK \u2014 Basking shark (Cetprinhus maximus), \nPOR \u2014 Porbeagle (Lamma nasus), \nSQC \u2014Common squid (Loligo spp. ), \nPOA \u2014 Atlantic pomfret (Brama brama), \nPIL \u2014 Sardine (Sardina pilchardus), \nCSH \u2014 Common shrimp (Crangon crangon), \nVET. \u2014 Megrim (Lepidorhombus spp. J, \n\nMNZ \u2014 Angler/Monk (Lophius spp J, \nNEP \u2014 Norway lobster (Nephrops norvegicus), \nPOL \u2014 Pollack (Pollachius pollachius). ARG \u2014 Argentine (Argentina sphyraena), \nOTH \u2014 Other. -10-\n\nEXPLANATORY MEMORANDUM \n\nConsultations between the Community and Sweden, held In Brussels on 25-\n\n26 November 1991, have resulted in an agreement defining reciprocal \n\nfisheries arrangements for 1992. These arrangements provide, inter \n\nalia, for certain catch quotas for Community vessels In the Swedish \n\nfIsh i ng zone. The purpose of this proposal for a Regulation is to allocate among the \n\nMember States the quotas available in 1992 to Community vessels fishing \n\nin the Swedish zone under the abovementloned arrangements. The proposed allocation among Member States of the quotas available to \n\nthe Community is based on the principles applied to the allocation of \n\nthe 1983 quotas. -H-\n\n\u2014 \n\nProposal for a \n\n-\n\nCOUNCIL REGULATION (EEC) No \n\nof December \n\nallocating, for 1992, catch quotas between Member States for vessels fishing in Swedish \nwaters \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nNo 170/83, the conditions subject to which these catch \nquotas may be used by Community fishermen; \n\nHaving regard to the Treaty establishing the European \nEconomic Community, \n\nHaving regard to Council Regulation (EEC) No 170/83 of \n25 January 1983 establishing a Community system for the \nconservation and management of fishery resources (*), as \namended by the Act of Accession of Spain and Portugal (2), \nand in particular Article 11 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas the Community and Sweden have initialled an \nAgreement on their mutual fishing rights for 1992, which \nprovides, inter alia, for the allocation of certain catch \nquotas to Community vessels in the Swedish fishing zone; \n\nWhereas the Agreement comprises an exchange, for 1992, \nof certain supplementary catch quotas, as a consequence of \nthe German unification, the Community being the legal \nsuccessor to the German Democratic Republic with respect \nto the Agreement between the Government of the German \nDemocratic Republic and the Government of Sweden on \nFisheries; \n\nWhereas to ensure efficient management of the catch \npossibilities available, they should be allocated among the \nMember States as quotas in accordance with Article 4 of \nRegulation (EEC) No 170/83; \n\ni \n\nWhereas the fishing activities covered by this Regulation \nare subject to the relevant control measures provided for by \nCouncil Regulation (EEC) No 2241/87 of 23 July 1987 \nestablishing \nfishing \nactivities (3), as amended by Regulation (EEC) No \n3483/88 (4), \n\ncontrol measures \n\ncertain \n\nfor \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\nFrom 1 January to 31 December 1992, vessels flying the \nflag of a Member State shall be authorized to make catches \nwithin the quota limits set out in the Annex in waters \nfalling within the fisheries jurisdiction of Sweden. Whereas it is for the Community to lay down, in \n(EEC) \naccordance with Article 3 of Regulation \n\nThis Regulation shall enter into force on 1 January 1992. Article 2 \n\nThis Regulation shall be binding in its entirety and direaly applicable in all Member \nStates. Done at Brussels, \n\n' December \n\nFor the Council \n\nThe President \n\n\fIl-\n\nANNEX \n\nAllocation of Community catch quotas in Swedish waters for 1992. Species \n\nICES division \n\nCod \n\nHerring \n\nSalmon \n\nIII d \n\nH id \n\nHI d \n\nCommunity \ncatch \nquotas \n\n4550 (!)(2) \n\n3700 \n\n190 O \n\nDenmark \nGermany \nDenmark \nGermany \nDenmark \nGermany \n\nQuotas allocated \nto Member States \n\n(tonnes) \n\n3 3 30 (4) \n^ \n1 2 20 \n1 4 30 \n? ? 70 \n-]\u00a3? \n\n^ \n(6) \np-, (7) \n\n(1) An additionaluU tonnes (Denmark: 45 tonnes; Germany: 15 tonnes) may be taken , \n\nas flatfish by-catch in the cod \n\n(2) Of which 2 5 50 tonnes in the area defined by: \n(J) Of which 15Q tonnes in the area defined by: \n(4) Of which 1 8 65 tonnes in the area defined by: \n(5) Of which 6 85 tonnes in the area defined by: \n(') Of which 1 3c tonnes in the area defined by: \n(7) Of which \n18 tonnes in the area defined by: \n\n\u2014 straight lines connecting the following coordinates: \n\n58\u00b0 46,83614 \n58\u00b0 47,68014 \n58\u00b0 42,000\u2122 \n58\u00b0 17,00011 \n58\u00b0 01,30511 \n\n20\u00b0 28,672'E \n20\u00b0 25. 264T \n20\u00b0 16,985-E \n19\u00b0 SS^K \n19\u00b0 44,307'\u00c9 \n\nFrom the last-mentioned coordinate the delimination line follows the borderline of Swedish territorial waters to the \nfollowing coordinate: \n\n57\u00b0 14,21011 \n\n19\u00b0 10,852'E \n\n\u2014 straight lines starting from the last-mentioned coordinate through the following coordinates: \n\n56\u00b0 50,00011 \n56\u00b0 30,00014 \n56\u00b0 03. 896U \n55\u00b0 58,86311 \n55\u00b0 53,78814 \n55\u00b0 53,48214 \n55\u00b0 57,30011 \n55\u00b0 58,86314 \n56\u00b0 02. 433U \n56\u00b0 15,00014 \n56\u00b0 27,00014 \n56\u00b0 35. 000U \n56\u00b0 45,00014 \n56\u00b0 58,00014 \n56\u00b0 14,19211 \n57\u00b0 26,7171! \n57\u00b0 33. 800U \n57\u00b0 44,00011 \n57\u00b0 54,69111 \n58\u00b0 12,00011 \n58\u00b0 29,00011 \n58\u00b0 46,83614 \n\n19\u00b0 Ol. OSS'E \n18\u00b0 52. 269TE \n18\u00b0 45,403'E \n18\u00b0 53,977'E \n18\u00b0 55. 232T \n18\u00b0 56,777'E \n19\u00b0 04,049'E \n19\u00b0 04,876'E \n19\u00b0 05,669'E \n19\u00b0 13,565'E. 19\u00b0 21. 070TE \n19\u00b0 25,070^ \n19\u00b0 31,720^ \n19\u00b0 40,270'E \n19\u00b0 53,565'E \n20\u00b0 02,160'E \n20\u00b0 03,965T. 20\u00b0 14,1391: \n20\u00b0 24,920'E \n20\u00b0 22,502^ \n20\u00b0 26. 590T \n20\u00b0 28,672'E \n\n(') Of which 1200t\u00b0nn\u00ab as a supplementary catch quota for 199^ granted to the Community under the Agreement between \n\nthe Government of the German Democratic Republic and the Government of Sweden on Fisheries. ISSN 0254-1475 \n\nCOM(91) 519 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-576-EN-C \n\nISBN 92-77-78629-9"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/cff2dc87-0e43-44f5-9be5-65ebaa74e7cc", "title": "Proposal for a COUNCIL REGULATION ( EEC ) extending the provisional anti-dumping duty on imports of certain thermal paper originating in Japan", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "Japan,dumping,facsimile,paper", "workIds": "celex:51991PC0535,comnat:COM_1991_0535_FIN", "eurovoc_concepts": ["Japan", "dumping", "facsimile", "paper"], "url": "http://publications.europa.eu/resource/cellar/cff2dc87-0e43-44f5-9be5-65ebaa74e7cc", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91)535 f i n ai \n\nBrussels, 6 December 199\" \n\nProposal for a \n\nCOUNCIL REGULATION (EE. C1, \n\noxtendina the provisional anti-dumping duty \n\non imports of certain thermal paper \n\noriginating in Japan \n\n(presented by the Commission) \n\n\f\u2022z \n\nEXPLANATORY MEMORANDUM \n\n(1) Commission Regulation (EEC) No 2805/91 imposed a provisional anti \n\ndumping duty on imports of certain thermal paper originating in \n\nJapan. (2) Examination of the facts has not yet been completed. (3) The Commission has Informed the exporters known to be concerned of \n\nits intention to extend the validity of the provisional duty for an \n\nadditional period of two months. The exporters have raised no \n\nobject ion. (4) Accordingly, pursuant to Article 11 (5) of Council Regulation (EEC) \n\nNo 2423/88, the Commission is putting before the Council a draft \n\nRegulation extending the validity of the provisional anti-dumping \n\nduty on imports of certain thermal paper originating in Japan for \n\nan additional period of two months. -* \n\n-\n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No \n\nOf \n\nextending the provisional anti-dumping duty \n\non imports of certain thermal paper \n\noriginating in Japan \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \n\nCommunity, \n\nHaving regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on \n\nprotection against dumped or subsidized imports from countries not \n\nmembers of the European Economic Commun!tyC), and in particular \n\nArticle 11 thereof, \n\nHaving regard to the Commission proposal, \n\nWhereas Commission Regulation (EEC) No 2805/91(2) \n\nimposed a \n\nprovisional anti-dumping duty on imports of certain thermal paper \n\noriginating in Japan; \n\nWhereas examination of the facts has not yet been completed and the \n\nCommission has informed the exporters known to be concerned of its \n\nintention to propose an extension of the validity of the provisional \n\nduty for an additional period of two months; \n\nWhereas the exporters have raised no objections, \n\nHAS ADOPTED THIS REGULATION : \n\n(1) O. J. No L 209, 2. 8. 1988, p. 1 \n\n(2) O. J. No L 270, 26. 9. 1991, p. 15 \n\n\f-i,~ \n\nArticle 1 \n\nThe validity of the provisional anti-dumping duty on imports of certain \n\nthermal paper originating in Japan imposed by Regulation (EEC) No \n\n2805/91 is hereby extended for a period of two months. It shall cease \n\nto apply if, before the expiry of that period, the Council adopts \n\ndefinitive measures or the proceeding is terminated under Article 9 of \n\nRegulation (EEC) No 2423/88. Article 2 \n\nThis Regulation shall enter into force on the day following its \n\npublication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly \n\napplicable in all Member States. Done at Brussels, \n\nFor the Council \n\n\fISSN 0254-1475 \n\nCOM(91) 535 final \n\nDOCUMENTS \n\nEN \n\n02 \n\nCatalogue number : CB-CO-91-588-EN-C \n\nISBN 92-77-78836-4 \n\nOffice for Official Publications of the European Communities \nLr2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9d95a09f-1764-4b41-b8ce-a43f10a143ac", "title": "Decision No 3/91 of the EEC-Sweden Joint Committee of 6 December 1991 amending Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_body_agreement_international,http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "EEC\u2013Sweden Joint Committee", "date": "1991-12-06", "subjects": "Sweden,agreement (EU),originating product", "workIds": "celex:21992D0218(05),oj:JOL_1992_042_R_0044_024", "eurovoc_concepts": ["Sweden", "agreement (EU)", "originating product"], "url": "http://publications.europa.eu/resource/cellar/9d95a09f-1764-4b41-b8ce-a43f10a143ac", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+null
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4cd1fdda-15b9-48f2-839b-deb1c5088a90", "title": "Proposal for a COUNCIL DECISION concerning the provisional application of the Agreed Minute modifying the Agreement between the European Economic Community and Romania on trade in textile products", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_other,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "Romania,distributive trades,textile product", "workIds": "celex:51991PC0506,comnat:COM_1991_0506_FIN", "eurovoc_concepts": ["Romania", "distributive trades", "textile product"], "url": "http://publications.europa.eu/resource/cellar/4cd1fdda-15b9-48f2-839b-deb1c5088a90", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0MC91) 506 \n\nf i n al \n\nB r u s s e l s, 6 December 1991 \n\nProposal \n\nf or a \n\nCOUNCIL DECISION \n\nconcerning t he p r o v i s i o n al a p p l i c a t i on of t he Agreed Kinute \nmodifying the Agreement between \nt he European Economic Community \nand Romania \non t r a de in t e x t i le products \n\n( p r e s e n t ed by \n\nt he Commission) \n\n\fEXPLANATORY MEMORANDUM \n\nThe attached draft decision of the Council concerns the \nadjustments to be made to the quantitative limits for \ntextile categories 6, 7, 8, 17, 20, 26 and 29 of the \nAgreement on trade in textile products between the European \nEoonomic Community and Romania initialled on 11 July 1986 \nand applied provisionally since 1 January 1987, as well as \nthe Exohange of Letters modifying the Agreement on trade in \ntextile products between Romania and the European Economic \nCommunity, initialled on 20 September 1991 and applicable \nfrom 1 January 1992. These adjustments became necessary \nfollowing Romania's request for increased market access for \ntextiles under the PHARE action plan. They correspond to \nthe negotiating directives which were approved by the \nCouncil on 7 October 1991. 2. 3. 4. The amendments are set out in the Agreed Hinute between the \nEuropean Economic Community and Romania which was \ninitialled on 9 October 1991 (attached to the draft Counoil \ndecision). The draft decision of the Counoil foresees the provisional \nentry into force of the adjustments referred to above as \nfrom 10 October 1991 provided it is applied likewise by \nRomania. This proposal should be treated by the Council at the \nearliest possible oocaslon in order to enable the \nCommission to take the necessary measures to ensure that \nthe amended provisions are properly administered. Proposal for a \nflfflMflU PF C I S i QN \n\nconcerning tt. provisional application of the Agreed Minute \n\nmodifying the Agreement between \n\nthe European Economic Community. and Romania \n\non trade in textile produots \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES. Having regard to the Treaty establishing the European \nin particular Article 113 \nEconomic Community, and \nthereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pending the completion of the procedures \nnecessary for its conclusion, the Agreement between the \nEuropean Economic Community and ROMANIA-\n\n- initialled on 11 JULY \u00ab986, has \n\nbeen provisionally applied since 1 January 1987 in accor \ndance, having regard to the Community, with Decision s \n87/536 \n\n/EECf) and \n\n( 2 )-\n\nWhereas that Agreeme^f provides for the possibility of \nadjustments to the quantitative limits ; \n\naccepted the offer for improved \nWhereas ROMANIA \nmarket access which the Community made on the basis \nof a specific request submitted by ROMANIA \nunder \nthe Phare action plan and it was agreed, in an Agreed \nMinute of9 OCTOBER 1991, to increase for i99iand 1992 \nthe Community quantitative limits of a number of catego \nries mentioned in Annex II to the aforementioned Agree \nment ; \n\nWhereas both parties agreed that the aforesaid quota \nincreases are exceptional and intended to contribute to \nthe co-ordinated effort of the 'Group of 24' industrialized \ncountries, to facilitate the restructuring of Romania's \n\n(') OJ No L 316 du 7-11 1987 p. 1 \n, P \n(2) 0J N\u00b0 \n\n\fV. economy through, i mer a I in, improved access to \n\nthe Community's markets ; \n\nWhereas it was agreed that the said Agreed Minute will be \napplied provisionally as from 10 OCTOBER 1991 pending \nthe completion of the procedures necessary for its conclu \nsion, provided that there is a reciprocal provisional appli \ncation on the part of the contracting party, \n\nHAS DECIDED AS FOLLOWS : \n\nSole Article \n\nThe Agreed Minute amending the Agreement between \nthe European Economic Community and ROMANIA \n\n' on trade in textile products shall \nbe applied provisionally as from 1j> OCTOBER 1991 \npending its formal conclusion, provided that there is a \nreciprocal provisional application on the part of the \ncontracting party. The text of the Agreed Minute \nDecision. is attached to \n\nthis \n\nDone at Brussels, \n\nFor the Council \n\n\fAGREED MINUTE \n\nJ \n\n1. Consultations between delegations of the European Economic \nCommunity and Romania were held in Brussels on 9 October 1991 on \nthe basis of a specific request made by Romania on 4 April 1991, in \nthe context of the PHARE programme, for greater access to the \nCommunity market in textile and clothing products. 2. Romania accepted the autonomous offer of the Community for an \nimproved access to the Community market and the following was \nagreed: \n\nIn 1991 the quantitative limits for a certain number of \ncategories listed in Annex II of the Agreement between the \nEuropean Economic Community and Romania, initialled on 11 July \n1986 and applied since 1 January 1987, will be increased by the \nquantities listed in the annex attached to this Agreed Minute. In 1992 the quantitative limits for a certain number of \ncategories listed in Appendix 1 of the Agreement in the form of \nan Exchange of Letters modifying the Agreement between the \nEuropean Economic Community and Romania on trade in textile \npoducts, initialled on 20 September 1991 and applicable from 1 \nJanuary 1992, will be increased by the quantities listed in the \nannex attached to this Agreed Minute. 3. The two Parties agreed that the increases mentioned in paragraph 2 \nof this Agreed Minute are exceptional and constitute a contribution \nto the coordinated effort of the countries in the \"Group of 24\" \naimed at helping the restructuring of the Romanian economy through, \ninter alia, improved access to the Community market. lt is in this \nspirit that the additional quantities listed in the annex to this \nAgreed Minute will be integrated into the existing textile \nagreement, as amended, between Romania and the Community. 4. The two Parties agreed that the increases provided for in this \nAgreed Minute will be provisionally applied from 10 October 1991. Brussels, 9 October 1991 \n\nDelegation of Romania \n\nDelegation of the European \nEconomic Community \n\n\fANNEX \n\nC \n\nIncreases In Community Quantitative limits for Romania for 1991 and \nmi \n\n(For practical reasons the description of the products in this annex \nis given in an abbreviated form). CATEGORY \n\nDESCRIPTION \n\nUNIT \n\n6 \n\nWOVEN TROUSERS \n\n7 \n\nBLOUSES \n\n8 \n\n17 \n\nSHIRTS, OTHER THAN \nKNITTED \n\nMEN'S OR BOYS' \nJACKETS OTHER THAN \nKNITTED \n\n20 \n\nBED LINEN OTHER THAN \nKNITTED \n\n26 \n\nDRESSES \n\n29 \n\nSUITS AND ENSEMBLES \nOTHER THAN \nKNITTED \n\nINCREASES IN THE \nQUANTITATIVE \nLIMITS \n\n1991 \n\n1992 \n\n150 \n\n150 \n\n60 \n\n60 \n\n350 \n\n350 \n\n50 \n\n50 \n\n1000 \nPIECES \n\n1000 \nPIECES \n\n1000 \nPIECES \n\n1000 \nPIECES \n\nTONNES \n\n100 \n\n100 \n\n1000 \nPIECES \n\n100 \n\n100 \n\nREGIONAL \nLIMITS \n\n1991 1992 \n\nTONNES \n\nFR 50 \nIT 50 \n\n50 \n50 \n\n\fISSN 0254-1475 \n\nCOM(91)506finaT \n\nDOCUMENTS \n\nEN \n\n0211 \n\nCatalogue number : CB-CO-91-570-EN-C \n\nISBN 92-77-78539-X \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/04c7e599-cc09-11e6-ad7c-01aa75ed71a1", "title": "Technological development and the improvement of living and working conditions : Options for the future.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Eurofound", "date": "1991-12-06", "subjects": "living conditions,new technology,technological change,working conditions", "workIds": "PUB_SY5388293", "eurovoc_concepts": ["living conditions", "new technology", "technological change", "working conditions"], "url": "http://publications.europa.eu/resource/cellar/04c7e599-cc09-11e6-ad7c-01aa75ed71a1", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/641217e0-7a8f-4128-be3a-9d2cf486d92b", "title": "Proposal for a COUNCIL REGULATION ( EEC ) imposing a definitive anti-dumping duty on imports of dihydrostreptomycin originating in the People' s Republic of China and definitively collecting the provisional anti\u00addumping duty", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "China,anti-dumping duty,anti-dumping legislation,antibiotic", "workIds": "celex:51991PC0538,comnat:COM_1991_0538_FIN", "eurovoc_concepts": ["China", "anti-dumping duty", "anti-dumping legislation", "antibiotic"], "url": "http://publications.europa.eu/resource/cellar/641217e0-7a8f-4128-be3a-9d2cf486d92b", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 538 final \n\nBrussels, 6 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC\u00cf \n\nimposing a definitive anti-dumping duty on imports of \n\ndihydrostreptomycin originating in the \n\nPeople's Republic of China and definitively collecting \n\nthe provisional anti-dumping duty \n\n(presented by the Commission) \n\n\f\fA-\n\nProposal for a \n\nCOUNCIL REGULATION (EEC) N*. /. Of \n\nimposing a definitive anti-dumping duty on imports of \n\ndihydrostreptomycin originating in the \n\nPeople's Republic of China and definitively collecting \n\nthe provisional anti-dumping duty \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to Council Regulation (EEC) N* 2423/88 of 11 July 1988 on \n\nprotection against dumped or subsidized imports from countries not \n\nmembers of the European Economic Community^1), and in particular \n\nArticles 9 and 12 thereof, \n\nHaving regard to the proposal from the Commission, submitted after \n\nconsultation within the Advisory Committee as provided under the above \n\nR\u00e9gul\u00e2t ion, \n\nWhereas : \n\n(1) OJ No L 209, 2. 8. 1988, p. 1 \n\n\f2 -\n\nA. PROVISIONAL MEASURES \n\n(1) The Commission, by Regulation (EEC) No 2054/91(2) (hereafter \n\nreferred to as the provisional Regulation) imposed a provisional \n\nanti-dumping duty on imports of dihydrostreptomycin (hererin \n\nreferred to as DHS) originating in the People's Republic of China. The Council, by Regulation (EEC) No 3090/91^3^ extended this duty \n\nfor a period not exceeding two months. (2) The Commission did not impose measures concerning Japan, since it \n\nfound that dumped Japanese imports did not cause any injury to the \n\nCommunity industry. In this respect the proceeding concerning Japan \n\nhas been terminated by a Commission decision^4). B. SUBSEQUENT PROCEDURE \n\n(3) Following the imposition of the provisional anti-dumping duty, the \n\nChinese exporters as well as the complainants, requested, and were \n\ngranted an opportunity to be heard by the Commission. They also \n\nmade written submissions making known their views on the findings. (4) The oral and written comments submitted by the parties were \n\nconsidered and, where appropriate, the Commission's findings were \n\nmodified to take account of them. (5) Owing to the complexity of the proceeding, in particular to the \n\ndetailed verification of the data involved and the numerous \n\n(2) 0J L 187, 13. 07. 1991, p. 23 \n(3) 0J L 293, 24. 10. 1991 , p. 1 \n(4) 0J L. - 3 -\n\narguments put forward, the investigation could not be concluded \n\nwithin the time limit provided for in Article 7 (9)(a) of Counci \n\nRegulation (EEC) No 2423/88 (hereafter referred to as the basic \n\nR\u00e9gul\u00e2t ion). C. DUMPING \n\n(a) Normal value \n\n(6) For the purpose of definitive findings, normal value was, in \n\ngeneral, established on the basis of the same method as that used in \n\nthe provisional findings. (7) As explained in recitals 10 to 15 of the provisional Regulation, \n\nnormal value for the the Chinese exporters was established on the \n\nbasis of the constructed normal value in Japan. (8) DHS is only produced in two countries apart from the Community, one \n\nof which is the People's Republic of China and the other, Japan, \n\nwhich has a particular market situation. According to Article 2 (5) \n\nof the basic Regulation, the normal value has to be established in \n\nan appropriate and not unreasonable manner on the basis of the \n\nprices or the constructed value in a third market economy country by \n\nadding cost of production and a reasonable margin of profit. As explained in recital 11 to 15 of the provisional Regulation, the \n\nprices in Japan were not fairly comparable with the export prices of \n\nthe Chinese exporters. Normal value had, therefore, to be \n\nconstructed on the basis of the Japanese costs of production and a \n\nreasonable profit margin. The result was then adjusted to render it \n\nreasonable and appropriate by taking account of the fact that one of \n\nthe raw materials was sourced in the People's Republic of China and \n\nthe use of its cost price would have reintroduced the distortions \n\nwhich Article 2(5) of the basic Regulation was intended to \n\neIiminate. - 4 -\n\nSince Rh\u00f4ne Poulenc is the only other known producer of \n\ndihydrostreptomycin in the world, its costs, exclusive of selling, \n\ngeneral, and administrative expenses and profit, pertaining to the \n\nrelevant raw material were, utilized, as there is no established \n\nworld market price for this raw material, which could be used as an \n\nalternative. The constructed normal value for Japan was therefore \n\nadjusted by the difference between the cost of production of the raw \n\nmaterial of the only known market economy producer and the cost \n\nprice of the Chinese raw material to the Japanese producer of \n\nd i hydrostreptomyc i n. (9) The Chinese exporters contested this method, arguing that the \n\nCommission had confused different methods of determining normal \n\nvalue as set out in Article 2 (5) of the basic Regulation. The Commission cannot accept this argument. The method used is \n\nfully in accordance with the second indent to Article 2(5), the \n\nnormal value being adjusted as explained above to make it reasonable \n\nand appropriate as is required. Thus, the fact that this adjustment \n\nwas made by reference to the cost of a raw material in the Community \n\ndoes not mean that the Commission mixed the methods. (10) As far as a reasonable profit margin is concerned, it is recalled \n\nthat, due to the predominant market position enjoyed by the Japanese \n\nproducer on its domestic market, the profit margin found for this \n\nJapanese producer was exceptional and therefore it was not \n\nconsidered appropriate to include it in the calculation of the \n\nconstructed value for the Chinese exporters. For this reason, a \n\nprofit margin of 5%, as requested by the Chinese exporters, was \n\nused in the calculation of the normal value, as this was thought to \n\nbe reasonable for a mature generic pharmaceutical product used in \n\nthe agricultural sector. 5 -\n\nThe Council confirms these findings and conclusions of the \n\nCommission as well as those set out in Recital 9 to 15 of the \n\nprovisional Regulation. (b) Export Price \n\n(11) The export price of DHS exported by the Chinese producers was \n\ndetermined as explained in recital 16 of the provisional Regulation \n\nNo comments from any party have been made on this course of action. Therefore the Council confirms the Commission's findings. (c) Compar ison \n\n(12) The comparison between normal value and the export prices was made \n\non a transaction-by-transaction basis at the ex-works level and at \n\nthe same level of trade. For the purposes of ensuring a fair \n\ncomparison the Commission took account, where appropriate, of \n\ndifferences concerning price comparability, such as differences in \n\nphysical characteristics and selling expenses. The Chinese \n\nexporters claimed, and the Commission after examination agreed that \n\na 9% downward adjustment of the normal value was justified in the \n\nlight of the differences in the physicial characteristics, namely \n\nthe lower potency of DHS produced in China. (13) In addition, the Chinese exporters claimed that the differences in \n\nthe manufacturing process between DHS produced in Japan and China \n\nJustify a further adjustment. However, no material evidence was put \n\nforward by the exporters as provided for by Art. 2(9)(b) of the \n\nbasic Regulation. Therefore the Council confirms the Commission's \n\nposit ion. (14) The Chinese exporters also argued that the Commission had neglected \n\nother factors of adjustement such as differences in end-use, in \n\ncustomer perception due to lower potency and colouration of Chinese \n\n\f- 6 \n\nDHS. These differences were already taken into account by the \n\nabovementioned 9% allowance, because they are a consequence of the \n\nlower potency. It is considered that these claims are not justified \n\nand this is confirmed by the Council. (d\") Dumping margin \n\n(15) The final examination revealed that exports of DHS by the Chinese \n\nexporters were dumped. The dumping margin is equal to the \n\ndifference between the normal value and the export prices. The \n\nCommission has taken into account the fact that the Chinese \n\nexporters are controlled and represented by a single state \n\norganization which is also able to influence the export prices. Consequently, a uniform dumping margin has been determined for the \n\nChinese exporters who cooperated. (16) The two Chinese exporters which cooperated claimed, however, that \n\nthey acted independently and were therefore entitled to individual \n\ndumping margins. In this respect, the Commission noted that these \n\nChinese exporters were represented by a single Chamber of Commerce \n\non behalf of which identical arguments and considerations for the \n\ntwo exporters, without any evidence of differences in circumstances \n\nexcept for differences in potencies of DHS were submitted. In \n\naddition, these exporters were unable to show that they enjoyed a \n\nhigh degree of independence, that they are not state controlled in \n\ntheir commercial behaviour, especially in the setting of export \n\nprices and that they had the possibility to transfer any part of \n\ntheir profit outside China. For these reasons, the exporters'claim, \n\nin this respect, has to be rejected. (17) As far as other Chinese exports to the Community are concerned, an \n\nanalysis of Eurostat figures for imports of DHS and a comparison \n\nwith the declared export volumes by the Chinese exporters which \n\ncooperated shows that it is highly probable that other Chinese \n\nproducers export DHS to the Community with a similar purity as the \n\n\f- 7 \n\nJapanese producer. No evidence was available on the individual \n\ncircumstances of these exporters for which, therefore, a dumping \n\nmargin had to be calculated on the basis of the facts available as \n\nprovided for in Article 7(7)(b) of the basic Regulation. Since it \n\nhas to be assumed that these non-cooperating exporters export higher \n\npotency DHS, no allowance can be made for differences in potency \n\nlevels. Therefore, it was considered reasonable that the dumping \n\nmargin calculated for all other exporters from the People's Republic \n\nof China should not take account of any allowances claimed by the \n\nChinese exporters which cooperated. On this basis, the dumping margins expressed as a percentage of CI F \n\nfrontier prices were found to be for : \n\nLong March Pharmaceutical PI ant,and \n\nShanghai Fourth Pharmaceutical Plant \n\nFor all other Chinese exporters \n\n37. 46% \n\n50. 65% \n\nThese margins are equivalent to 14. 9 Ecu per kilogram of base DHS \n\nfor Long March Pharmaceutical and Shanghai Fourth Pharmaceutical \n\nPlant and 20. 16 Ecu for all other Chinese exporters. The Council confirms these findings. E. INJURY \n\n(18) The Commission concluded in its provisional findings that the \n\nCommunity industry had suffered material injury. While further \n\ninvestigation revealed that the capacity utilization was not as low \n\nas indicated in the provisional Regulation but dropped from an index \n\nof 100 in 1985 to 84 during the investigation period, all other \n\ninjury factors remained unchanged even after the submission by the \n\ninterested part ies. (19) Given the above and for the reasons explained in recitals 21 to 26 \n\nof the provisional Regulation, the Council confirms that the \n\nCommunity Industry has suffered material injury. - 8 -\n\nG. CAUSATION OF INJURY \n\n(20) in recital 29 to 34 of the provisional Regulation, the Commission \n\nfound that the increase in the volume of DHS imports from the \n\nPeople's Republic of China, at low prices which undercut the prices \n\nof the EC industry, coincided with the reduction in the Community \n\nindustry's profit margin, reduction In market share and price \n\nerosion, in this respect, the Chinese exporters themselves have \n\nindicated that the DHS market is U g h ly price sensitive, it is, \n\ntherefore, clear that the lower prices charged by the Chinese \n\nexporters was an important factor in the realignment of market \n\nshares amongst the Chinese exporters and the Community industry, and \n\nalso in the price erosion and the consequent losses suffered by the \n\nCommunity industry. (21) It was also found that the Japanese exporters'sales of DHS in the \n\nCommunity had declined considerably, and had not undercut the \n\nCommunity industry prices. It was considered, therefore, that these \n\nexports did not contribute to the injury to the Community industry. As regards any other factors which had an impact on the situation of \n\nthe Community industry, the Council is aware that demand for the \n\nproduct concerned has contracted in recent years. However, this \n\nfactor has not been imputed to the injury caused by the Chinese \n\nexporters. Furthermore, the Commission considers that the large \n\nincrease in dumped imports from China at very low prices into a \n\ncontracting market has only served to aggravate the injurious effect \n\nof the dumping. (22) For these reasons and for those explained in Recitals 29 to 34 of \n\nthe provisional Regulation, the Council confirms that the dumped \n\nChinese imports taken in isolation, have caused material injury to \n\nthe Community industry. - 9 \n\nH. DUTY \n\n(23) As regards the duty, the Commission has recalculated what is \n\nnecessary to remove the injury using the method as explained in \n\nrecitals 35 and 36 of the provisional Regulation. Given the low \n\nprices of the Chinese DHS in the Community and the high losses \n\nsuffered by the Community industry, the difference between these \n\nChinese prices and a price which would allow the Community industry \n\nto achieve a reasonable return on sales on the basis of a reasonable \n\nsales volume is still considerably higher than the dumping margins \n\nnow calculated. Therefore, in accordance with Article 13(3) of the \n\nbasic Regulation, the dumping margins should be imposed as definitve \n\nduties, since only these two amounts would be adequate to remove the \n\ninjury caused by the dumping. (24) In addition, the Commission considers that the structure of a state \n\ncontrolled economy gives the Chinese exporters considerable room for \n\nmanoeuvre to further decrease their export prices. This concern of \n\nthe Commission has been confirmed by the considerable price \n\nundercutting which has taken place in the Chinese export \n\ntransactions. In such a situation, a fixed duty amount or an ad \n\nvalorem duty by itself would not guarantee the elimination of the \n\ninjurious effect of the dumping. Therefore, it is considered that a \n\nminimum price has to be established in order to deter further \n\ninjurious dumping after the imposition of the definitive anti \n\ndumping measures. (25) The Commission also had to take account of the fact that an increase \n\nof the export prices of the Chinese exporters may be caused by other \n\nfactors than the elimination of dumping. Indeed, the production of \n\nDHS is an energy intensive process so that changes in the energy \n\ncosts may provoke an increase in overall costs which will lead to an \n\nincrease of the export price. However, this increase would not \n\nnecessarily result in a reduction in the dumping by the Chinese \n\n\f- 10 \n\nexporters, as the normal value could also increase by a \n\ncorresponding amount. Therefore, it is considered appropriate that \n\nin such a case the form of the duty should be that of a set amount \n\nper kilo of the imported DHS. The dumping amounts are 14. 9 ECU per \n\nkilo of base DHS for the cooperating organisations and 20*16 ECU for \n\nthe other Chinese exporters. Consequently, given the potential for \n\nabsorption of any duty in the market concerned, it is necessary that \n\nthe imposition of a minimum price is combined with the imposition of \n\na set amount of duty. (26) While this combination of two forms >f duty is necessary to \n\nguarantee the elimination of the injury caused by dumping and its \n\nrecurrence, the Commission is ready to investigate, in due course, \n\nrefund or review applications of importers or the Chinese exporters, \n\nshould a change in price lead to a reduction in dumping margins or \n\nfor any other reasons should any change in circumstances be \n\nconsidered sufficient justification, \n\n(27) The Community industry requested that the definitive anti-dumping \n\nduty be imposed retroactively in accordance with Article \n\n13(4)(b)(ii) of Regulation (E\u00a3C) No 2423/88. No evidence of the \n\nlegal requirements as set out in the relevant provision has been \n\nprovided and therefore the claim was rejected. (28) The Council confirms these views and the conclusions as set out in \n\nrecital 23 to 27 of the present Regulation. 1. COMMUNITY INTEREST \n\n(29) No further facts or arguments concerning Community interest were \n\nsubmitted to the commission by any of the parties. The Council \n\ntherefore confirms the Commission's conclusions, set out in recitals \n\n40 to 46 of the provisional Regulation, that it is in the \n\nCommunity's interest to eliminate, by anti-dumping measures, the \n\ninjurious effects of the dumping by the Chinese exporters and thus, \n\nto prevent the further decline of the Community industry. - 11 -\n\nJ. UNDERTAKING \n\n(30) A price undertaking has been offered on behalf of two Chinese \n\nproducers. However, the price level proposed would not eliminate \n\nthe dumping as established nor, Its Injurious effect, as provided \n\nfor In Article 10(2)(b) of the basic Regulation. The Commission \n\nhas considered that the price undertaking is not acceptable and has \n\ninformed the exporters concerned of this decision and the reasons \n\ntherefor. K. COLLECTION OF PROVISIONAL DUTIES \n\n(31) In view of the dumping margins established, and the seriousness of \n\nthe Injury caused to the Community industry, the Council considers \n\nit necessary that amounts collected by way of provisional anti \n\ndumping duties should be definitively collected to the extent of the \n\namount of the duty definitively imposed, which is equivalent to an \n\nad-valorem rate of duty of 37. 4 % of the net free at Community \n\nfrontier price prior to customs clearance, as far as imports from \n\nShanghai Fourth Pharmaceutical Plant and Long March Pharmaceutical \n\nPlant, Sichuan are concerned. For all other Chinese exporters an ad \n\nvalorem rate of 47. 6% of the net free-at-Community frontier price to \n\ncustoms clearance should apply. HAS ADOPTED THIS REGULATION \n\n- 12 \n\nArticle 1 \n\n1. A definitive duty is hereby Imposed on Imports of dihydrostreptomycin \n\nfalling within CN code 2941 20 10 and originating In the People's \n\nRepublIc of China. 2. The amount of duty shall be 20. 16 Ecu per kilogram of base DHS or the \n\ndifference between the CI F price and 58. 4 Ecu per kilogram of base DHS \n\nwhichever Is the higher (Additional Tarlc Code 8604). For Long March Pharmaceutical Plant, Sichuan and for Shanghai Fourth \n\nPharmaceutical Plant (Additional Taric Code 8603), the duty shall be \n\n14. 9 Ecu per kilogram of base DHS or the difference between the CIF \n\nprice and 53. 16 Ecu per kilogram of base DHS whichever Is the higher. 3. The provisions In force concerning customs duties shall apply. Article 2 \n\nThe amounts collected or secured by way of provisional anti-dumping duty \n\npursuant to Regulation (EEC) No 2054/91 shall be definitively collected \n\nto the extent of the amounts resulting from the application of the \n\ndefinitive duty as Imposed In Article 1(2). However, the extent of the \n\nprovisional amounts definitively collected shall be limited as follows: \n\n- for Long March Pharmaceutical Plant, Sichuan and for Shanghai Fourth \n\nPharmaceutical Plant, an ad-valorem duty rate of 37. 4% will be applied \n\nsubject to a maximum of the definitive duty as Imposed In Article 1(2) \n\nfor imports from these firms, and \n\n\f13 -\n\n- for all other Chinese exporters, an ad-valorem rate of duty of 47. 6% \n\nwill be applied subject to a maximum of the definitive duty as Imposed in \n\nArticle 1(2). Article 3 \n\nThis Regulation shall enter Into force on the day following Its \n\npublication In the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable \n\nin a 11 Member States. Done at Brussels, \n\nFor the CounclI \n\nThe President \n\n\fISSN 0254-1475 \n\nCOM (91) 538 final \n\nDOCUMENTS \n\nEN \n\nli 02 \n\nCatalogue number : CB-CO-91-584-EN-C \n\nISBN 92-77-78800-3 \n\nOffice for Official Publications of the European Communities \n\nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/e1e357f1-3bd3-476d-b98a-caad09d3889f", "title": "Commission Regulation (EEC) No 3559/91 of 6 December 1991 amending Regulation (EEC) No 2670/81 laying down detailed implementing rules in respect of sugar production in excess of the quota", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "production quota,sugar,sugar product", "workIds": "celex:31991R3559,oj:JOL_1991_336_R_0026_040", "eurovoc_concepts": ["production quota", "sugar", "sugar product"], "url": "http://publications.europa.eu/resource/cellar/e1e357f1-3bd3-476d-b98a-caad09d3889f", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/fd88c653-7842-44ad-aadd-0be38208de5d", "title": "Annexes.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "EU law,common customs tariff,countervailing charge,customs territory (EU),customs union,suspension of customs duties,tariff nomenclature,tariff preference,tariff quota", "workIds": "PUB_CQ6791004", "eurovoc_concepts": ["EU law", "common customs tariff", "countervailing charge", "customs territory (EU)", "customs union", "suspension of customs duties", "tariff nomenclature", "tariff preference", "tariff quota"], "url": "http://publications.europa.eu/resource/cellar/fd88c653-7842-44ad-aadd-0be38208de5d", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/1165c168-0d19-4171-87be-aa32a64caebd", "title": "Proposal for a COUNCIL REGULATION ( EEC ) laying down provisions with regard to possession of and trade in specimens of species of wild fauna and flora", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "export monitoring,marketing,protected species,protection of animal life,protection of plant life,trade restriction", "workIds": "celex:51991PC0448,comnat:COM_1991_0448_FIN,oj:JOC_1992_026_R_0001_01", "eurovoc_concepts": ["export monitoring", "marketing", "protected species", "protection of animal life", "protection of plant life", "trade restriction"], "url": "http://publications.europa.eu/resource/cellar/1165c168-0d19-4171-87be-aa32a64caebd", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 448 final - SYN 370 \n\nBrussels, 6 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nlaying down provisions with regard to possession of and trade \n\nin specimens of species of wild fauna and flora \n\n(presented by the Commission) \n\n\fExplanatory Memorandum \n\nHistory \n\n1. 1. The Community's trade In wild fauna and flora Is currently \n\nregulated by Council Regulation (EEC) No 3626/82 on the \n\nImplementation In the Community of the Convention on \n\nInternational Trade In Endangered Species of Wild Fauna and \nFlora (CITES)*1). 1. 2. The Regulation entered Into force on 1 January 1984 and Its \n\nprinciple objective was the protection of wild fauna and \n\nflora from the possible negative effects of trade on their \n\nconservation status. Its provisions are therefore Intended to \n\nensure that the commercial policy Instruments employed under \n\nCITES are uniformly applied at the Community level. 1. 3. A secondary objective was to avoid the effects of disparate \n\nnational CITES Implementation measures on the free movement \n\nof goods within the Community and which led to a distortion \n\nof competition. 1. 4. In addition to the measures to be Implemented under the \n\nprovisions of CITES, the unfavourable conservation status \n\nand/or the high level of trade In many species, made it \n\nnecessary for the Community to adopt a number of stricter \n\nmeasures. (1) OJ No: L 384, 31. 12. 1982, p. 1. - 3 -\n\nThe species listed In Annex C, part 1, of the Regulation are \n\nconsidered as species listed In CITES Appendix I and the \n\nspecies In Annex C, part 2, are subject to stricter Import \n\nconditions than those provided for In CITES. Where CITES only \n\nprescribes the Issue of import permits for Appendix I \n\nspecies, the Regulation provides that such permits are \n\nrequired for the Import of any specimen falltng under Its \n\nprovisions. 1. 5. An important aspect of the Regulation Is that is does not \n\nonly concern trade In wild fauna and flora with third \n\ncountries, but \n\nthat \n\nIt also \n\nlays down a number of \n\nprohibitions with regard to commercial activities within the \n\nCommunity. The need to replace Regulation 3626/82 \n\n2. 1. At the time of adoption of Regulation 3626/82, In December \n\n1982, only five Member States were a party to CITES and there \n\nwas no practical common experience \n\nIn the field of \n\ncontrolling the trade In wild fauna and flora. The Committee, \n\nestablished under Article 19 of the Regulation, soon \n\nIdentified and discussed an Increasing number of shortcomings \n\nof \n\nthe \n\nRegulation \n\nand \n\nof \n\nproblems \n\nrelated \n\nto \n\nIts \n\nImplementation and enforcement. 2. 2. in 1986, the Commission contracted the Wildlife Trade \n\nMonitoring Unit of lUCN's World Conservation Monitoring \n\nCentre to report on the implementation and enforcement of the \n\nRegulation. This \n\nresulted, \n\nIn September \n\n1988, \n\nin a \n\ncomprehensive review of the issues Involved and a great \n\nnumber of recommendations for improvements. - 4 -\n\n2. 3. On 20 November 1986, the Committee on the Environment, Public \n\nHealth and Consumer Protection of European Parliament \n\norganized a public hearing on the implementation of CITES In \n\nthe Community. On 12 October 1988, European Parliament \n\nadopted a Resolution containing 41 recommendations for \n\nImproving the situation. 2. 4. The present proposal for a Regulation takes account of the \n\nrecommendations referred to above and of the discussions \n\nthereof by the Committee on the Convention. 2. 5. Apart from the need to adapt Regulation 3626/82 to current \n\nstandards of legislation on trade in wildlife, it is \n\nnecessary to adapt Its provisions to the establishment of the \n\nInternal market as of 1 January 1993. On the basis of Article \n\n15 of Regulation 3626/82 - and because of the Regulation's \n\ndeficiencies - Member States have maintained and taken an \n\nIncreasing number of stricter measures with regard to their \n\ntrade in a great many species - both covered and not covered \n\nby the Regulation - thereby creating trade barriers between \n\nthemselves which are not compatible with the proper \n\nfunctioning of the internal market and can therefore not be \n\nma intained. 3. The main administrative and technical deficiencies of Regulation \n\n3626/82 and how these are remedied bv the proposed Regulation \n\n3. 1. The text of Regulation 3626/82 is not clear with respect to \n\nobligations deriving from the Convention which It does not \n\nspecifically \n\naddress. Although \n\nIt provides \n\nthat \n\nthe \n\nConvention shall apply throughout the Community, it only \n\ncontains the provisions which needed to be worded differently \n\nfor the purposes of Implementation by the Community. - 5 -\n\nThis has led to serious differences In the Interpretation of \n\nthe provisions of the Convention, particularly in cases where \n\nResolutions of the Conference of the Parties to CITES are \n\nconcerned, most of which the Regulation does not address at \n\nal I. The present \n\nproposal \n\ndeals with all aspects of \n\nthe \n\nImplementation of CITES and of the proposed \n\nstricter \n\nCommunity measures, either directly or Indirectly, I. e. In \n\nthe proposed Council Regulation Itself or by providing for \n\nthe adoption of further implementation measures by the \n\nCommission in accordance with a committee procedure. 3. 2. A main flaw of Regulation 3626/82 Is the fact that it Is \n\nlimited to species listed in the CITES Appendices. This \n\nlimited scope has had a serious Impact on the Community's \n\nability to take measures with regard to the numerous animal \n\nand plant species which - although not covered by CITES -\n\nrequire that threats posed to their conservation status by \n\ntrade are prevented or brought under effective control. The \n\nproposed \n\nRegulation \n\ntherefore \n\nprovides \n\nfor \n\nthe \n\npossibility to list any species of wild fauna and flora In \n\nIts Annexes in accordance with Its conservation status and a \n\nmatching level of protection. 3. 3. In addition to the above limitation, the procedure for \n\ntransferring species from one Annex to another Is such that \n\nno adequate adaptation is possible. The proposed Regulation therefore allows for amendments to \n\nthe Annexes to be made through a Commission Regulation in \n\naccordance with a committee procedure and thereby guarantees \n\nthat appropriate conservation action can be taken quickly. The legal basis of the proposed Regulation \n\n\f- 6 -\n\n4. 1. The proposed Regulation contains provisions with regard to \n\nrestrictions and the control of the possession of and trade \n\nIn specimens of species of wild fauna and flora within the \n\nCommunity. This Is necessary to safeguard an adequate \n\nprotection of the species concerned as well as a proper \n\nfunctioning of the Internal market. 4. 2. The proposed Regulation further contains provisions for \n\nprohibiting, restricting or monitoring the Import from and \n\nthe export and re-export to third countries. The measures \n\nconcerned provide the uniform principles for the common \n\ncommercial policy In the domain covered by the Regulation. 4. 3. In view of the above, the Regulation is to be based on \n\nArticles 100a and 113 of the Treaty. The scope and main features of the proposed Regulation \n\n5. 1. The species of wild fauna and flora covered bv the Regulation \n\nThe functioning of the proposed Regulation Is based on the \n\ndifferent levels of protection and monitoring required by the \n\nconservation and trade status of wild animal and plant \n\nspecies. In view of these different \n\nrequirements \n\nthe \n\nRegulation contains five lists of species to which different \n\nsets of trade conditions apply: \n\n5. 1. 1. Annex A contains the species listed In Appendix I to the \n\nConvention and other species which are rare or threatened \n\nwith extinction, as well as species whose listing In this \n\nAnnex Is essential for the effective protection of such \n\nrare or threatened species. It further contains species, \n\nmainly \n\nIndigenous to the Community, for which other \n\nCommunity legislation prohibits the taking or trade. - 7 -\n\n5. 1. 2. Annex B contains species listed In CITES Appendix II \n\n(unless they are listed In Annex A or C) and other species \n\nwhich are subject to trade levels that might not be \n\ncompatible with their survival \n\nor the survival \n\nof \n\npopulations of them. It also lists species which are \n\nsimilar In appearance to species listed in Annex A or B and \n\nwho therefore have to be listed to ensure effective trade \n\ncontrols. Annex B further contains species whose role In \n\nthe ecosystems In which they occur is crucial for the \n\nmaintenance of population levels of other species listed in \n\nAnnex A or B. Species for which other Community legislation \n\nregulates, but not prohibits, the taking or the trade, are \n\nalso listed In Annex B. Species can also be included where \n\nlive specimens are unlikely to survive shipment or to \n\nsurvive In captivity for a considerable proportion of their \n\npotential lifespan, or who are known to form an ecological \n\nthreat to Indigenous species If they were introduced into \n\nnature In the Community. 5. 1. 3. Annex C contains species listed In CITES Appendix III, \n\nwhich are not listed In Annex A, B or D. 5. 1. 4. Annex D lists species of wild fauna and flora, trade In \n\nwhich could adversely affect their conservation status. 5. 1. 5. Annex E is to contain species which are Indigenous to \n\nspecified Member States and which are listed in support of \n\nprotective measures In the Member States concerned. 5. 2. The conditions for Import and (re-)export of species listed \n\nIn the Annexes \n\n5. 2. 1. Specimens of Annex A species \n\n\f5. 2. 1. 1. Introduction into the Community \n\nThis requires the prior issue and presentation of an Import \n\npermit. Permitting \n\nthe \n\nIntroduction \n\nshould \n\nnot \n\nresult \n\nIn a \n\ndetrimental effect on the conservation status of the species \n\nin a country of origin and must be for non-detrimental and \n\nnon-commercial purposes. There must be documentary evidence \n\nthat the specimens have been obtained in accordance with \n\nconservation legislation. The Intended accomodation at the \n\nplace of destination of a living specimen must be adequate, \n\ni. e. suited to Its biological and behavioural needs. 5. 2. 1. 2. Export from the Community \n\nThis requires the prior Issue and presentation of an export \n\npermi t. The capture or collection in the wild or the export of \n\nspecimens must not have a harmful effect on the conservation \n\nstatus of the species and they must have been obtained In \n\naccordance with conservation legislation. Live specimens must \n\nbe properly prepared and shipped. The import into a third \n\ncountry cannot be for commercial purposes and the recipient \n\nmust be suitably equipped to house and care for living \n\nspecimens. For CITES Appendix I specimens, the Importing \n\ncountry must have Issued an import permit. 5. 2. 1. 3. Re-export from the Community \n\nThis requires the prior Issue and presentation of a re-export \n\ncert If icate. There must be documentary evidence that the specimens were \n\nlegally Introduced Into the Community. Living specimens must \n\nbe properly prepared and shipped. The import Into a third \n\ncountry must not be for commercial purposes, the recipient of \n\nliving specimens must be suitably equipped and for CITES \n\nAppendix I specimens an Import permit must have been Issued. 5. 2. 2. Specimens of Annex B species \n\n\f5. 2. 2. 1. introduction Into the Community \n\n- 9 -\n\nAs for Annex A specimens, this requires the prior Issue and \n\npresentation of an Import permit. The conditions are less \n\nstrict. There must be documentary evidence that the specimens \n\nhave \n\nbeen \n\nobtained \n\nIn accordance \n\nwith \n\nconservation \n\nlegislation. The conservation status of the species, or of \n\nIts population concerned, \u00abnust not be Inconsistent with Its \n\nrole In the ecosystem In which it occurs, nor be harmfully \n\naffected by current and expected trade levels. Live specimens \n\nmust be adequately housed and cared for at the place of \n\ndestInatIon. 5. 2. 2. 2. Export from the Community \n\nAn export permit must be Issued and presented prior to \n\nexport. The capture or collection In the wild, or the export, \n\nmust not have a harmful effect on the conservation status of \n\nthe species and specimens must have been obtained in \n\naccordance with conservation legislation. Live specimens must \n\nbe properly prepared and shipped. 5. 2. 2. 3. Re-export from the Community \n\nA re-export certificate must be Issued and presented prior to \n\nre-export. Specimens must have been introduced Into the Community In \n\naccordance with the Regulation and live specimens must be \n\nproperly prepared and shipped. 5. 2. 3. Specimens of Annex C species \n\n5. 2. 3. 1. introduction Into the Community \n\nAn import declaration must be presented to customs together \n\nwith valid CITES documentation from the (re-)exporting \n\ncountry. 5. 2. 3. 2. (Re-)export from the Community \n\nThe same provisions apply as for Annex B species. 5. 2. 4. Specimens of Annex D species \n\n- 10 -\n\nIt is the purpose of the Regulation to monitor quantities of \n\nImported specimens of wild fauna and flora listed In this \n\nAnnex. The Introduction Into the Community Is not restricted \n\nbut on entry an Import declaration must be presented. The \n\nInformation to be provided in this document Is to be laid \n\ndown in a Commission regulation. 5. 2. 5. Specimens of Annex E species \n\nThe Import, export and re-export of Annex E specimens will \n\nmost likely take place In accordance with the conditions \napplying to Annex B species^2), unless trade Is with a \n\nMember State having listed the species in Annex E. In that \n\ncase, the Member State concerned may refuse to issue any \n\npermits, decide to apply Annex A conditions or Its own \n\nconditions on the basis of its legislation on the protection \n\nof the species concerned. 5. 3. Provisions with regard to Intra-Communlty trade \n\n5. 3. 1. The possession of Annex A specimens is prohibited unless \n\nthey were acquired \n\nIn accordance \n\nwith \n\nconservation \n\nlegislation; a certificate may be Issued to confirm that. The purchase, acquisition for commercial purposes, the \n\ndisplay to the public for commercial purposes and a number \n\nof other commercial activities involving Annex A specimens \n\nare also prohibited. For exemptions and derogations from \n\nthese prohibitions, see point 5. 4. (2) Species listed In Annex A need not be listed In Annex E and \n\nspecies required to be listed in Annex E are not likely to be listed in \n\nAnnexes C and D or not listed at all* \n\n\f- 11 -\n\n5. 3. 2. The prohibitions referred to In the second paragraph of \n\n5. 3. 1. also apply to specimens of Annexes B to D species \n\nunless It can be proven that they were obtained In \n\naccordance with conservation legislation. How that proof Is \n\nto be provided shall be laid down In a Commission \n\nR\u00e9gul\u00e2t ion. 5. 3. 3. The possession of Annex E specimens in the Member State \n\nhaving listed the species concerned and the removal of such \n\nspecimens from the territory of such a Member State are \n\nprohibited. Exemptions may be granted by the Member State \n\nconcerned through the Issue of a certificate. 5. 3. 4. The movement of live specimens within the Community \n\n5. 3. 4. 1. Any transport of live specimens within the Community shall \n\nbe carried out In such a way as to minimize the risk of \n\ninjury, damage to health or cruel treatment. In the case of \n\nlive animals, the transport must be In accordance with \n\nCommunity legislation on the matter. 5. 3. 4. 2. For live Annex A specimens, the Member States shall be \n\nrequired to establish and maintain a register of authorized \n\nhousing locations. The movement from such locations requires \n\nprior authorization. 5. 3. 4. 3. Live Annex B specimens are subject to retail trade. The \n\nimporter must have adequate Installations and may only \n\nrelinquish specimens after ensuring that the recipient is \n\ninformed about the care of the specimens. 5. 3. 4. 4. Other restrictions may be established by the Commission \n\nwhere the Introduction Into nature of live specimens forms an \n\necological threat to indigenous species, where live specimens \n\nare unlikely to survive shipment or captivity and where \n\nnecessary to safeguard human life and health. - 12 -\n\n5. 4. Derogations and exemptions \n\nThe proposed Regulation provides \n\nfor derogations and \n\nexemptions from its provisions such as: \n\n5. 4. 1. Certain Import conditions do not apply to specimens that \n\nhave been legally Imported Into or acquired \n\nin the \n\nCommunity, have then been (re-)exported and are being re \n\nintroduced Into the Community. 5. 4. 2. Worked specimens that were legally acquired, i. e. In \n\naccordance with conservation legislation, more than 50 \n\nyears previously do not have to meet most of the conditions \n\nfor the Issue of an Import permit and can be exempted from \n\nthe prohibitions with regard to possession and Intra-\n\nCommunlty trade. 5. 4. 3. Specimens, except live specimens, legally acquired In the \n\nCommunity before the entry into force of trade regulations \n\ncan be exported or re-exported without meeting most of the \n\nconditions for the Issue of an export permit or re-export \n\ncertificate and can be exempted from the prohibitions on \n\npossession and Intra-Communlty trade. 5. 4. 4. Captive bred or artificially propagated specimens of Annex \n\nA species shall, for the purposes of Import, export and re \n\nexport, be treated as specimens of Annex B species. They \n\nare further not subject to the prohibitions on possession \n\nand Intra-Communlty trade as applied to Annex A specimens. For Annex A specimens that have been bred or propagated for \n\nnon-commercial purposes as well as for captive bred or \n\nartificially propagated Annexes B and C specimens, a \n\ncertificate to that effect may be used Instead of an export \n\npermit \n\nor \n\nre-export \n\ncertificate. For \n\nartificially \n\npropagated plants, the Commission shall specify provisions \n\nrelating to the use of plant health certificates, trade by \n\nregistered traders and the trade in hybrids. 13 -\n\n5. 4. 5. Specimens In transit through the Community are not subject \n\nto \n\nthe \n\npresentation \n\nof \n\npermits, \n\ncertificates \n\nand \n\ndeclarations, but for CITES specimens there must be proof \n\nof the existence of valid CITES documentation. 5. 4. 6. The Introduction and the export and re-export from the \n\nCommunity of Annexes B to D specimens that are personal or \n\nhousehold effects shall be subject to derogations to be \n\nspecified by the Commission. 5. 4. 7. Certain specimens moving between registered scientific \n\ninstitutions can be traded if they bear a label issued to \n\nthat effect. 5. 4. 8. Annex A specimens can be purchased, acquired for commercial \n\npurposes, displayed to the public, sold, etc. if they are \n\nImported and used for purposes which are not detrimental to \n\nthe survival of the species concerned, required under \n\nexceptional circumstances for advancement of science or for \n\nessential biomedical purposes, are Intended for breeding or \n\npropagation purposes from which conservation benefits will \n\naccrue, are intended for research or education aimed at the \n\npreservation or conservation of the species, or if they \n\nwere removed from nature In a Member State In compliance \n\nwith conservation legislation In force. These exemptions can be granted on a case-by-case basis. General exemptions may be granted by the Commission in \n\naccordance with the committee procedure. 5. 5. Management and Scientific Authorities \n\n5. 5. 1. The proposed Regulation prescribes the designation by \n\nMember States of a Management Authority, which primary \n\nresponsibility \n\nshall \n\nbe \n\nthe \n\nimplementation \n\nof \n\nthe \n\nR\u00e9gul\u00e2t ion. - 14 -\n\nThe Management Authorities issue permits and certificates \n\nwhen the conditions of the Regulation have been met, they \n\nshall communicate with the Commission, the Secretariat of \n\nthe Convention \n\nand Management \n\nAuthorities of \n\nthird \n\ncountries. The designation of a Management Authority Is an \n\nobligation under the Convention and was also provided for \n\nin Regulation 3626/82. 5. 5. 2. The proposal also envisages the designation of a Scientific \n\nAuthority. This Is also an obligation under the Convention \n\nand was provided for \n\nIn Regulation 3626/82. It is \n\nresponsible \n\nfor \n\ndetermining \n\nwhether \n\nthe \n\nscientific \n\nconditions for the Issue of permits and certificates are \n\nmet. In the absence of positive advice from the Scientific \n\nAuthority, the Management Authority cannot \n\nissue such \n\ndocuments. For species included in Annex B to the Regulation, the \n\nScientific Authority shall monitor exports and advise the \n\nManagement Authority of suitable measures to be taken to \n\nlimit such exports when it determines that this is required \n\nto maintain the species throughout its range at appropriate \n\nlevels. 5. 6. The Scientific Review Group \n\nRepresentatives of the Scientific Authorities shall form a \n\nscientific consultative group to be known as the Scientific \n\nReview Group. The need for such a group became evident In the \n\ncontext of the Implementation of Regulation 3626/82; the \n\ncommittee soon established a Scientific Working Group. In \n\nview of the Community's future accession to CITES, the Group \n\nshall be the Community's Scientific Authority In accordance \n\nwith Article IX of the Convention. 5. 7. The Committee \n\nThe Commission shall be assisted by a Committee composed of \n\nrepresentatives of the Member States. Its main task shall be \n\nto deliver its opinion on measures to be taken through \n\nCommission Regulations. 5. 8. Places of entry and exit \n\n- 15 -\n\nWithin 12 months of the date of entry into force of the \n\nRegulation, the Member States must designate places of entry \n\nand exit for the completion of procedures with regard to \n\ntrade in specimens of species covered by the Regulation. For \n\nlive specimens, holding facilities are to be provided to \n\nadequately house and care for them. Requirements for such \n\nfacilities are to be laid down by the Commission. 5. 9. Charges for permits and certificates \n\nIn order to avoid too important differences between the \n\ncharges levied by Member States for the issue of permits and \n\ncertificates, \n\nthe Commission \n\nshall \n\nset \n\ncharges \n\nfor \n\napplications in accordance with the committee procedure. 5. 10. Sanct ions \n\nThe imposition of sanctions for infringements of nature \n\nconservation \n\nlegislation \n\nis necessary. The \n\nproposed \n\nRegulation therefore provides for the imposition of sanctions \n\nwhich are appropriate in relation to the nature and gravity \n\nof infringements. The Commission proposes that the Council adopt the attaches proposal \n\nfor a R\u00e9gul\u00e2t ion. - 16 -\n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nlaying down provisions with regard to possession of and trade \n\nin specimens of species of wild fauna and flora \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nand in particular Articles 100a and 113 thereof, \n\nHaving regard to the proposal from the Commission(-*\u2022) , \n\nIn cooperation with the European Parliament(2)f \n\nHaving regard to the opinion of the Economic and Social Committee (-* ), \n\nWhereas Council Regulation (EEC) No 3626/82(4), as last amended by \n\nCommission Regulation (EEC) No 197/90(5), applied the Convention on \n\ninternational trade in endangered species of wild fauna and flora in the \n\nCommunity with effect from 1 January 1984; \n\nWhereas a great number of species of wild fauna and flora, including both \n\nspecies covered and species not covered by Regulation (EEC) No 3626/82, \n\nare subject to trade levels which are not or may not be compatible with \n\ntheir survival, with the survival of certain of their populations or with \n\nthe maintenance of their populations at a level consistent with their role \n\nin the ecosystems in which they occur; \n\n(1) \n\n(2) \n\n(3) \n\n(4) OJ No L 384, 31. 12. 1982, p. 1. (5) \n\n<\u2022;;; N\\-J L 29, 31. 1. 1990, p. 1. - 17 -\n\nWhereas it is necessary to provide more adequate protection to species of \n\nfauna and flora in trade and to replace Regulation (EEC) No 3626/82 by a \n\nRegulation which takes account of current nature conservation techniques, \n\ntrade control mechanisms and trade patterns, and of technical and \n\nscientific knowledge acquired since its adoption; \n\nWhereas a great number of species, which are native to the Community, are \n\nsubject to Community legislation on their conservation, namely Council \n\nDirective 79/409/EEC of 2 April 1979 on the conservation of wild birds(6), \n\nas \n\nlast \n\namended \n\nby \n\nDirective \n\n91/244/EEC(7), \n\nand \n\nCouncil \n\nDirective. /. /EEC on the conservation of natural habitats and of wild \n\nfauna and f l o r a e ); whereas it is necessary to supplement this legislation \n\nwith measures relating to the possession of and trade in specimens of the \n\nspecies concerned; \n\nWhereas it is, in view of the establishment and functioning of the internal \n\nmarket, necessary at Community level to ensure that the internal trade \n\nmeasures concerned are uniformly applied; \n\nWhereas, in order to adequately protect species of wild fauna and flora and \n\nto avoid distortions of competition, it is necessary to ensure that \n\nexternal trade measures relating to them are uniformly applied throughout \n\nthe Community; \n\nWhereas this Regulation should, however, not affect the power of Member \n\nStates to designate species of wild fauna and flora indigenous to their \n\nterritories the possession of which shall be prohibited; \n\nWhereas Article XXI of the Convention on international trade in endangered \n\nspecies of wild fauna and flora was amended to allow accession to it by the \n\nCommunity as such; whereas Article VIII of the Convention provides that the \n\nparties are to take appropriate measures to enforce the provisions of the \n\nConvention and to prohibit trade in specimens of species of wild fauna and \n\nflora in violation thereof; \n\n(6) OJ No L 103, 25. 4. 1979, p. 1. (7) OJ No L 115, 8. 5. 1990, p. 41. (8) OJ No L \n\n\f- 18 -\n\nWhereas it is necessary to lay down criteria for the specification of \n\nspecies of wild fauna and flora to be subject to the provisions of this \n\nRegulation; \n\nWhereas the implementation of this Regulation necessitates that common \n\nconditions be applied for the issue, use and presentation of permits and \n\ncertificates relating to the authorization of introduction into the \n\nCommunity from third countries or from the sea and to export and re-export \n\nfrom the Community; whereas it is necessary to lay down specific provisions \n\nrelating to the transit of specimens through the Community; \n\nWhereas, in order to guarantee an effective protection of species of wild \n\nfauna and flora, the Commission should be able to establish further \n\nrestrictions on the introduction into and the export from the Community of \n\nspecimens of certain species; \n\nWhereas it is necessary to lay down specific provisions for the possession \n\nof and trade in captive-bred or artificially propagated specimens of wild \n\nfauna and flora; \n\nWhereas it is further necessary to envisage specific provisions relating to \n\nspecimens of wild fauna and flora which are personal or household effects \n\nand for non-commercial loans, donations and exchanges between registered \n\nscientists and scientific institutions; \n\nWhereas, to ensure that the restrictions on introduction into the Community \n\nand on the acquisition of specimens within the Community are fully \n\neffective, rules must be drawn up concerning the conditions of internal \n\ntrade in specimens; \n\nWhereas, to ensure the effective implementation and enforcement of \n\nrestrictions on the movement of live specimens of certain species listed, \n\nit is necessary to establish a registration system for such specimens; \n\nWhereas the transport of live specimens into, from or within the Community \n\nas well as the housing of such specimens should take place in accordance \n\nwith common rules; \n\n\f- 19 -\n\nWhereas, in order to prevent the introduction into nature of live specimens \n\nof species forming an ecological threat to indigenous wildlife, the \n\nintroduction into the Community of such specimens and the holding or \n\nmovement of them should be restricted; \n\nWhereas the existence of different levels of charges for processing permit \n\nand certificate applications could lead to distortions of competition \n\nwithin the Community; \n\nWhereas, to ensure effective controls and to facilitate customs procedures, \n\ncustoms offices should be designated for the completion of procedures for \n\ntrade with third countries and holding facilities provided at such places \n\nto ensure that live specimens are adequately housed and cared for; \n\nWhereas the implementation of this Regulation also necessitates the \n\ndesignation of management and scientific authorities in the Member States; \n\nWhereas, to ensure an effective enforcement of this Regulation, Member \n\nStates should closely monitor compliance with its provisions and to that \n\neffect closely cooperate between themselves and with the Commission; \n\nwhereas this also necessitates the immediate communication of information \n\non matters related to the implementation of this Regulation; \n\nWhereas the monitoring of trade levels involving the species of wild fauna \n\nand flora covered by this Regulation is of crucial importance for the \n\nassessment of the effects of trade on the conservation status of species, \n\nand detailed annual reports should be drawn up in a common format; \n\nWhereas, in order to ensure compliance with the provisions of this \n\nRegulation, it is necessary that Member States take measures to ensure the \n\nimposition of sanctions for infringements, which are of an appropriate \n\nlevel; whereas the existence of major differences in the level of such \n\nsanctions would undermine the proper enforcement of this Regulation and \n\nmight further lead to a distortion of competition within the Community; \n\nWhereas it is necessary to adopt common rules for the seizure and the \n\ndisposal of confiscated specimens; \n\n\f- 20 -\n\nWhereas the submission by Member States or the Commission of proposals to \n\namend the Convention and its Appendices in a way which would affect the \n\nimplementation of this Regulation should be subject to the establishment of \n\na common position on such proposals; whereas a common position is also \n\nrequired on such proposals submitted for approval by the conference of the \n\nparties to the Convention by third parties; \n\nWhereas it is essential to ensure the uniform application of this \n\nRegulation and, to this end, to lay down a Community procedure enabling the \n\nnecessary implementing provisions and amendments to the Annexes to be \n\nadopted within a suitable period; whereas a committee must be set up to \n\npermit close and effective cooperation between the Member States and the \n\nCommission in this field; \n\nWhereas the multitude of biological and conservation elements to be \n\nconsidered in the implementation of this Regulation requires the \n\navailability of the best scientific information and the discussion thereof \n\nat an appropriate scientific level; whereas point (b) of Article IX(1), of \n\nthe Convention on international trade in endangered species of wild fauna \n\nand flora provides that each party to it shall designate one or more \n\nscientific authorities; whereas the Community will accede to the Convention \n\nin the near future; whereas it is therefore necessary to set up a \n\nscientific review group which will also act as the Community's scientific \n\nauthority after its accession, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\nThe internal and external trade in and the possession of specimens of the \n\nspecies of wild fauna and flora listed in Annexes A to E shall be subject \n\nto the provisions laid down in the following Articles and to those of the \n\nRegulations adopted in accordance with the procedure laid down in \n\nArticle 29. - 21 -\n\nArticle 2 \n\nDefinitions \n\nFor the purposes of this Regulation, \n\n(a) the Committee means the Committee on trade in wild fauna and flora, \n\nestablished under Article 29; \n\n(b) the Convention means the Convention on international trade in \n\nendangered species of wild fauna and flora (CITES); \n\n(c) country of origin means the country in which a specimen was taken from \n\nthe wild, captive-bred or artificially propagated; \n\n(d) critically endangered species means the species listed in Annex A which \n\nthe Scientific Review Group has advised and the Committee has agreed \n\nare under severe threat of extinction and the survival of which cannot \n\nbe ensured without the application of more stringent provisions than \n\nthose normally applicable to specimens of species listed in Annex A; \n\n(e) dependent territories means the overseas countries and territories \n\noutside the territory of the Community to which the Convention applies \n\nand for whose external relations a Member State is responsible; \n\n(f) domicile means, in the case of a natural person, the principal place \n\nof permanent residence, and, in the case of a legal person, the place \n\nof its headquarters or that of a subsidiary; \n\n(g) export from the Community means the movement of any specimen \n\noriginating in the territory of the Community to a point outside this \n\nterritory; \n\n\f- 22 -\n\n(h) import declaration means a declaration made by the importer or his \n\nagent or representative, at the time of the introduction into the \n\nCommunity of a specimen of a species included in Annex C or D to this \n\nRegulation, on a form prescribed by the Commission in accordance with \n\nthe procedure laid down in Article 29; \n\n(i) introduction from the sea means the introduction into the Community of \n\nany specimen which was taken in and is being introduced directly from \n\nthe marine environment not under the jurisdiction of any State \n\nincluding the airspace above the sea and the sea-bed and subsoil \n\nbeneath the sea; \n\n(j) introduction into the Community means the introduction of any specimen \n\ninto the territory of the Community; \n\n(k) issuance means the completion of all procedures involved in preparing \n\nand validating a permit or certificate and, except in the case to which \n\nArticle 4(l)(b)(ii) applies, its delivery to the applicant; \n\n(1) management authority means a national management authority designated, \n\nin the case of a Member State, in accordance with Article 22(1)(a) or, \n\nin the case of a third country party to the Convention, in accordance \n\nwith Article IX of the Convention; \n\n(m) offering for sale means the offering for sale and any action that may \n\nreasonably be construed as such, including advertising or causing to be \n\nadvertised for sale and invitation to treat; \n\n(n) personal or household effects means dead specimens, parts and \n\nderivatives that are the belongings of a private individual and that \n\nform or are intended to form part of his normal goods and chattels; \n\n(o) place of destination means the place at which, at the time of \n\nintroduction into the Community, it is intended that specimens will \n\nnormally be kept; in the case of live specimens, this shall be the \n\nfirst place where specimens are intended to be kept following any \n\nperiod of quarantine or other confinement for purposes of sanitary \n\nchecks and controls; \n\n\f- 23 -\n\n(p) possession means possession, holding or having under control; \n\n(q) re-export from the Community means the export from the territory of the \n\nCommunity of any specimen that has previously been introduced into this \n\nterritory; \n\n(r) re-introduction into the Community means the introduction into the \n\nterritory of the Community of any specimen that has previously been \n\nexported or re-exported therefrom; \n\n(s) sale means any sale, hire, barter or exchange; cognate expressions \n\nshall be construed accordingly; \n\n(t) scientific authority means a scientific authority designated, in the \n\ncase of a Member State or the Community in accordance with \n\nArticle 22(1)(b) or, in a third country party to the Convention, in \n\naccordance with Article IX of the Convention; \n\n(u) the Scientific Review Group means the consultative body established \n\nunder Article 28, which, on the entry into force of the Convention in \n\nthe Community, shall be the community's scientific authority in \n\naccordance with Article IX of the Convention; \n\n(v) species means a species, subspecies or geographically or geopolitically \n\nseparate population thereof; \n\n(w) specimen means any animal or plant, whether alive or dead, of the \n\nspecies listed in Annexes A to E, any part or derivative thereof, \n\nwhether or not contained in other goods, as well as any goods which \n\nappear from an accompanying document, the packaging or a mark or label, \n\nor from any other circumstances, to be or to contain parts or \n\nderivatives of animals or plants of these species, unless such parts or \n\nderivatives are specifically exempted from the provisions of this \n\nRegulation or from the provisions relating to the Annex in which the \n\nspecies concerned is listed by means of an indication to that effect in \n\nthe Annexes concerned. - 24 -\n\nA specimen will be considered to be a specimen of a species listed in \n\nAnnexes A to E if it is, or is part of or derived from, an animal or \n\nplant at least one of whose \"parents\" is of a species so listed. In \n\ncases where the \"parents\" of such an animal or plant are of species \n\nlisted in different Annexes, or of species only one of which is listed, \n\nthe provisions of the more restrictive Annex shall apply. However, in \n\nthe case of specimens of hybrid plants, if one of the \"parents\" is of a \n\nspecies listed in Annex A, the provisions of the more restrictive Annex \n\nshall apply only if that species is annotated to that effect in the \n\nAnnex; \n\n(x) territory of the Community means the territories of the Member States \n\nto which the Treaty establishing the European Economic Community \n\napplies; \n\n(y) trade means the introduction into the Community, including introduction \n\nfrom the sea, and the export and re-export therefrom, as well as the \n\nuse, movement and transfer of possession within the Community, \n\nincluding within a Member State, of specimens subject to the provisions \n\nof this Regulation; \n\n(z) transit means the transport of specimens between two points outside the \n\nCommunity through the territory of the Community which are shipped to a \n\nnamed consignee and during which any interruption in the movement \n\narises only from the arrangements necessitated by this form of traffic; \n\naa) worked specimens that were legally acquired more than fifty years \n\npreviously means specimens that were significantly altered from their \n\nnatural raw state, for jewellery, adornment, art, utility, or musical \n\ninstruments more than fifty years before the application is made for \n\ntheir introduction into the Community or export therefrom or, as \n\nappropriate, for exemption from the provisions of Article 15(1) and \n\nthat have been, to the satisfaction of the management authority of the \n\nMember State concerned, legally acquired. Such specimens shall be \n\nconsidered as worked only if they are clearly in one of the \n\naforementioned categories and require no further carving, crafting or \n\nmanufacture to effect their purpose. - 25 -\n\nArticle 3 \n\nScope \n\n1. Annex A shall contain: \n\n(a) the species listed in Appendix I to the Convention and agreed to by \n\nthe Community; \n\n(b) any species which: \n\n(i) \n\nis or may be in demand for utilization in the Community or \n\nfor international trade and which is either threatened with \n\nextinction or so rare that any level of trade would imperil \n\nthe survival of the species; or \n\n(ii) is in a genus or which is a species in which most of the \n\nspecies or subspecies are listed in Annex A in accordance \n\nwith the criteria in points (b)(i) or (c) and whose listing \n\nis essential for the effective protection of those taxa; and \n\n(c) species which under the provisions of other Community legislation \n\non the conservation of wild fauna and flora benefit from a \n\nprohibition on trade or taking. 2. Annex B shall contain: \n\n(a) the species listed in Appendix II to the Convention and agreed to \n\nby the Community, other than those listed in Annex A; \n\n(b) the species listed in Appendix I to the Convention but not \n\nincluded in Annex A; \n\n(c) any other species not listed in Appendix I or II to the \n\nConvention: \n\n\f- 26 -\n\n(i) which is subject to levels of international trade that might \n\nnot be compatible with its survival or with the survival of \n\npopulations in certain countries or with the maintenance of \n\nthe total population at a level consistent with the role of \n\nthe species in the ecosystems in which it occurs; or \n\n(ii) whose non-listing would be likely to lead to a substantial \n\nreduction of the total population or to the extinction of \n\nother species listed in Annex A or B, because of its role in \n\nthe ecosystem in which it occurs; or \n\n(iii) whose listing is, for reasons of similarity in appearance to \n\nother species in Annex A or listed in Annex B in accordance \n\nwith point 2(a), (b), (c) or (d), essential in order to \n\nensure the effectiveness of controls on trade in specimens of \n\nsuch species; and \n\n(d) species for which the provisions of other Community legislation on \n\nthe conservation of wild fauna and flora regulate but do not \n\nprohibit the trade or the taking; and \n\nAnnex B may also contain other species not listed in Appendix I or II \n\nto the Convention: \n\n(e) of which live specimens in trade are unlikely to survive shipment \n\nor are unlikely to survive in captivity for a considerable \n\nproportion of their potential lifespan; or \n\n(f) of which the introduction of live specimens into nature in the \n\nCommunity is known to form an ecological threat to species of wild \n\nfauna and flora indigenous to the Community. 27 -\n\n3. Annex C shall contain: \n\n(a) the species listed in Appendix III to the Convention and agreed to \n\nby the Community, other than those listed in Annexes A or B; and \n\n(b) the species listed in Appendix II to the Convention but not \n\nincluded in Annexes A or B. 4. Annex D shall contain: \n\n(a) any species which is not included in Annexes A to C and for which \n\ninternational trade in specimens of the species could adversely \n\naffect its conservation status or that of any species which is \n\nclosely related or is similar in appearance; and \n\n(b) the species listed in Appendix III to the Convention but not \n\nincluded in Annex C. 5. Annex E shall contain species indigenous to a specified Member State \n\nand may be listed solely for the purpose of supporting measures for the \n\nconservation or protection of the species in the Member State \n\nconcerned. 6. (a) The Community agreements referred to in paragraphs 1, point (a), \n\n2, point (a) and 3, point (a) shall be made in accordance with the \n\nprocedure laid down in Article 29. (b) Amendments to Annexes A to E shall be made in accordance with the \n\nprocedure laid down in Article 29. 7. Where the conservation status of species covered by this Regulation \n\nwarrants their inclusion in one of the Appendices to the Convention, \n\nthe Community shall contribute to the necessary amendments. - 28 \n\nArticle 4 \n\nIntroduction into the Community \n\nThe introduction into the Community from a third country of specimens \n\nof the species listed in Annex A shall be subject to the prior \n\npresentation, at the customs office at which the customs formalities \n\nare completed, of an import permit issued by a management authority of \n\nthe Member State responsible for the place of destination of the \n\nspecimens. This import permit may be issued only in accordance with the \n\nrestrictions established pursuant to paragraph 6 and when the following \n\nconditions have been met: \n\n(a) The Scientific Review Group has advised that permitting the \n\nintroduction into the Community would not result in a detrimental \n\neffect on the conservation status or the extent of the territory \n\noccupied by the species in the country of origin; \n\n(b)(i) \n\nThe applicant provides documentary evidence that the \n\nspecimens have been obtained in accordance with the \n\nlegislation on the protection of the species concerned which, \n\nin the case of a species listed in the Appendices to the \n\nConvention, shall be an export permit or re-export \n\ncertificate, or copy thereof, issued in accordance with the \n\nConvention by a competent authority of the country of export \n\nor re-export; \n\n(ii) However, the issuance of import permits for species listed in \n\nAnnex A in accordance with point (a) of Article 3(1), shall \n\nnot require such documentary evidence but the original of any \n\nsuch import permit shall be withheld from the applicant \n\npending presentation of the export permit or re-export \n\ncertificate; \n\n\f- 29 -\n\n(c) The competent scientific authority of the Member State is \n\nsatisfied, and has advised the management authority of that State \n\nin writing, that the intended accommodation at the place of \n\ndestination for a living specimen: \n\n(i) is adequately equipped and suited to the biological needs of \n\nthe species and that the specimen will be properly cared for; \n\nand \n\n(ii) in the case of an animal, is suited to the behavioural needs \n\nof the species and is in conformity with Community \n\nlegislation on the care and housing of animals; \n\n(d) The Scientific Review Group has advised that the introduction into \n\nthe Community will be: \n\n(i) for one of the purposes referred to in points (v) , (vi) and \n\n(vii) of Article 15(2)(a); or \n\n(ii) for other purposes which are not detrimental to the survival \n\nof the species concerned; \n\n(e) The management authority of the Member State is satisfied that the \n\nspecimen is not to be used for primarily commercial purposes; and \n\n(f) The management authority of the Member State is satisfied, \n\nfollowing consultation with the competent scientific authority, \n\nthat there are no other factors relating to the conservation. of \n\nspecies which militate against the issue of the import permit. 2. (a) The introduction into the Community of specimens of the species \n\nlisted in Annex B shall be subject to the prior presentation, at \n\nthe customs office at which the customs formalities are completed, \n\nof an import permit issued: \n\n\f- 30 -\n\n(i) in the case of live specimens, by a management authority of \n\nthe Member State responsible for the place of destination of \n\nthe specimens; or, otherwise, either \n\n(ii) by a management authority of the Member State in which the \n\napplicant has his domicile, or \n\n(iii) by a management authority of the Member State responsible for \n\nthe place of destination of the specimens. (b) This import permit may be issued only when the conditions referred \n\nto in points (b)(i), (c) and (f) of paragraph 1 have been met and \n\nwhen: \n\n(i) the Scientific Review Group has advised that there is no \n\nindication that the conservation status of the species or the \n\nextent of the territory occupied by the species in the range \n\nState of origin have been reduced to levels inconsistent with \n\nthe role of the species in the ecosystems in which it occurs \n\nor will be harmfully affected by the current and expected \n\nlevels of trade; or \n\n(ii) in the absence of such advice, either positive or negative, \n\nfrom the Scientific Review Group, the competent scientific \n\nauthority of the Member State has advised in writing that the \n\ncapture or collection in the wild of the specimens concerned \n\nwill not have a harmful effect on the conservation status of \n\nthe species or on the extent of the territory occupied by the \n\nspecies in the range State of origin. 3. The introduction into the Community of specimens of the species listed \n\nin Annex C shall be subject to the prior presentation, at the customs \n\noffice at which the customs formalities are completed, of an import \n\ndeclaration and: \n\n\f- 31 -\n\n(a) in the case of export from a country listed in relation to the \n\nspecies concerned in Annex C, the applicant provides proof by means \n\nof an export permit issued in accordance with the Convention by an \n\nauthority of that country competent for the purpose that the \n\nspecimens have been obtained in accordance with the national \n\nlegislation on the conservation of the species concerned; or \n\n(b) in the case of export from a country other than one in relation to \n\nwhich the species is listed in Annex C or re-export from any \n\ncountry, the applicant presents an export permit, a re-export \n\ncertificate or a certificate of origin issued in accordance with \n\nthe Convention by an authority of the exporting or re-exporting \n\ncountry competent for the purpose. 4. The introduction into the Community of specimens of the species listed \n\nin Annex D shall be subject to the prior presentation, at the customs \n\noffice at which the customs formalities are completed, of an import \n\ndeclaration. 5. The conditions for the issuance of an import permit referred to in \n\npoints (a), (d) and (e) of paragraph 1, and in points (i) and (ii) of \n\nparagraph 2(b) shall not apply to specimens for which the applicant \n\nprovides documentary evidence: \n\n(a) that they had previously been legally introduced into or acquired \n\nin the Community and that they are, modified or not, being re \n\nintroduced into the Community; or \n\n(b) that they are worked specimens that were legally acquired more than \n\nfifty years previously. 6. In consultation with the countries of origin concerned and in \n\naccordance with the procedure laid down in Article 29, the Commission \n\nmay establish restrictions on the introduction into the Community: \n\n\f- 32 -\n\n(a) on the basis of the conditions referred to in points (a), (c) or \n\n(f) of paragraph 1, of specimens of species included in Annex A; \n\nand \n\n(b) on the basis of the conditions referred to in points (c) or (f) of \n\nparagraph 1, or in point (i) of paragraph 2(b), of specimens of \n\nspecies included in Annex B; and \n\n(c) of live specimens of species included in Annex B for which the \n\nScientific Review Group has advised that: \n\n(i) \n\nsuch specimens are unlikely to survive shipment; \n\n(ii) such specimens are unlikely to survive in captivity for a \n\nconsiderable proportion of their potential lifespan; or \n\n(iii) the introduction to nature of such specimens, through escape \n\nor release is known to form an ecological threat to species \n\nof wild fauna and flora indigenous to the Community. The Commission shall regularly publish a list of such restrictions in \n\nthe Official Journal of the European Communities. Article 5 \n\nIntroduction from the sea \n\n1. The introduction into the Community from the sea of specimens of \n\nspecies listed in Annex A shall be subject to the prior presentation, \n\nat the customs office at which the customs formalities are completed, \n\nof an import permit issued by a management authority of the Member \n\nState responsible for the place of destination. - 33 -\n\nThis import permit may be issued only when the conditions referred to \n\nin points (c) to (f) of Article 4(1) have been met and when: \n\n(a) the Scientific Review Group has advised that the introduction into \n\nthe Community of the specimens concerned would not result in a \n\ndetrimental effect on the conservation status of the species; and \n\n(b) the management authority is satisfied that any living specimen will \n\nbe so prepared and shipped as to minimize the risk of injury, \n\ndamage to health or cruel treatment. 2. (a) The introduction into the Community from the sea of specimens of \n\nthe species listed in Annex B shall be subject to the prior \n\npresentation, at the customs office at which the customs \n\nformalities are completed, of an import permit issued by a \n\nmanagement authority of the Member State responsible for the place \n\nof destination. (b) This import permit may be issued only when the conditions referred \n\nto in points (c) and (f) of Article 4(1) have been met and when: \n\n(i) the Scientific Review Group has advised that there is no \n\nindication that the current or expected levels of trade will \n\nhave a harmful effect on the conservation status of the \n\nspecies or, in the absence of any advice from the Scientific \n\nReview Group, the competent scientific authority of the \n\nMember State has advised in writing that the capture or \n\ncollection of the specimens in the wild will not have a \n\nharmful effect on the conservation status of the species; and \n\n(ii) the management authority is satisfied that any living \n\nspecimen will be so prepared and shipped as to minimize the \n\nrisk of injury, damage to health or cruel treatment. 3. The introduction into the Community from the sea of specimens of the \n\nspecies listed in Annex C or D shall be subject to the prior \n\npresentation of an import declaration at the customs office at which \n\nthe customs formalities are completed. 34 \n\nArticle 6 \n\nExport from the Community \n\n1. The export from the Community of specimens of the species listed in \n\nAnnex A shall be subject to the prior presentation, at the customs \n\noffice at which the customs formalities are completed, of an export \n\npermit issued by a management authority of the Member State in whose \n\nterritory the specimens are located. This export permit may be issued only when the following conditions \n\nhave been met: \n\n(a) The Scientific Review Group has advised that the capture or \n\ncollection of the specimens in the wild or their export will not \n\nhave a harmful effect on the conservation status of the species or \n\non the extent of the territory occupied by the relevant population \n\nof the species or, in the absence of advice from the Scientific \n\nReview Group, the competent scientific authority of the Member \n\nState has advised in writing to this effect; \n\n(b) The applicant provides proof that the specimens have been obtained \n\nin accordance with all legal obligations on the protection of the \n\nspecies in question; where the application is made to a Member \n\nState other than the Member State of origin, such proof shall be \n\nfurnished by means of the certificate referred to in point (d) of \n\nArticle 18; \n\n(c) The management authority of the Member State is satisfied that: \n\n(i) any living specimen will be so prepared and shipped as to \n\nminimize the risk of injury, damage to health or cruel \n\ntreatment ; \n\n\f- 35 -\n\n(ii) the specimens are not to be used for primarily commercial \n\npurposes; and \n\n(iii) in the case of export to a State party to the Convention of \n\nspecimens of the species referred to in point (a) of \n\nArticle 3(1), an import permit has been issued; \n\n(d) In the case of export of specimens of Annex A species other than \n\nthose referred to in point (a) of Article 3(1) or of export to a \n\nState not party to the Convention, the competent scientific \n\nauthority of the Member State is satisfied that the recipient of \n\nany living specimen is suitably equipped to house and care for it; \n\nand \n\n(e) The management authority of the Member State is satisfied, \n\nfollowing consultation with the competent scientific authority, \n\nthat there are no other factors relating to the conservation of the \n\nspecies which militate against issue of the export permit. 2. The export from the Community of specimens of the species listed in \n\nAnnexes B and C shall be subject to the prior presentation, at the \n\ncustoms office at which the customs formalities are completed, of an \n\nexport permit issued by a management authority of the Member State in \n\nwhose territory the specimens are located. This export permit may be issued only when the conditions referred to \n\nin points (a), (b), (c)(i) and (e) of paragraph 1 have been met. 3. The conditions for the issuance of an export permit referred to in \n\npoints (a), (c)(ii) and (c)(iii) of paragraph 1 shall not apply to: \n\n(i) worked specimens that were legally acquired more than fifty years \n\npreviously; or \n\n\f- 36 -\n\n(ii) dead specimens and parts and derivatives for which the applicant \n\nprovides documentary evidence that they were legally acquired \n\nbefore the provisions of this Regulation, or Regulation (EEC) \n\nNo 3626/82, or the Convention became applicable to them. 4. (a) The competent scientific authority in each Member State shall \n\nmonitor the export permits issued by that Member State for \n\nspecimens of species included in Annex B and the actual exports of \n\nsuch specimens. Whenever such scientific authority determines that \n\nthe export of specimens of any such species should be limited in \n\norder to maintain that species throughout its range at a level \n\nconsistent with its role in the ecosystem in which it occurs, and \n\nwell above the level at which that species might become eligible \n\nfor inclusion in Annex A in accordance with points (a) or (b)(i) of \n\nArticle 3(1), the scientific authority shall advise the \n\nappropriate management authority, in writing, of suitable measures \n\nto be taken to limit the grant of export permits for specimens of \n\nthat species. (b) Whenever a management authority is advised of such measures, it \n\nshall inform the Commission which shall, if appropriate, establish \n\nrestrictions on exports of the species concerned in accordance with \n\nthe procedure laid down in Article 29. Article 7 \n\nRe-export from the Community \n\n1. The re-export from the Community of specimens of the species listed in \n\nAnnex A shall be subject to the prior presentation, at the customs \n\noffice at which the customs formalities are completed, of a re-export \n\ncertificate issued by a management authority of the Member State in \n\nwhose territory the specimens are located. - 37 -\n\nThis re-export certificate may be issued only when the following \n\nconditions have been met: \n\n(a) the applicant provides documentary evidence that the specimens: \n\n(i) were introduced into the Community in accordance with the \n\nprovisions of this Regulation; or \n\n(ii) if introduced into the Community prior to 1 January 1993, \n\nwere introduced in accordance with the provisions of \n\nRegulation (EEC) No 3626/82; or \n\n(iii) if introduced into the Community prior to 1984, first entered \n\ninternational trade in accordance with the provisions of the \n\nConvention; or \n\n(iv) were legally introduced into the territory of a Member State \n\nbefore the provisions of the Regulations referred to in \n\npoints (i) and (ii) or of the Convention became applicable to \n\nthem, or became applicable in that Member State; and \n\n(b) the management authority of the Member State is satisfied that: \n\n(i) any living specimen will be so prepared and shipped as to \n\nminimize the risk of injury, damage to health or cruel \n\ntreatment; \n\n(ii) the specimens are not to be used for primarily commercial \n\npurposes; \n\n(iii) in the case of re-export of a living specimen of a species \n\nreferred to in point (a) of Article 3(1) of this Regulation \n\nto a State party to the Convention, an import permit has been \n\nissued; and \n\n\f- 38 -\n\n(c) in the case of re-export of specimens of Annex A species \n\nother than those referred to in point (a) of Article 3(1) or \n\nof re-export to a State not party to the Convention, the \n\ncompetent scientific authority of the Member State is \n\nsatisfied that the recipient of any living specimen is \n\nsuitably equipped to house and care for it; and \n\n(d) there are no other factors relating to the conservation of \n\nspecies which militate against the issuance of the re-export \n\ncertificate. 2. The re-export from the Community of specimens of the species listed in \n\nAnnexes B and C shall be subject to the prior presentation, at the \n\ncustoms office at which the customs formalities are completed, of a re \n\nexport certificate issued by a management authority of the Member State \n\nin whose territory the specimens are located. This re-export certificate may be issued only when the conditions \n\nreferred to in points (a) and (b)(i) of paragraph 1 have been met. Article 8 \n\nRejection of applications for permits and certificates \n\nreferred to in Articles 4 to 7 and 18 \n\n1. When a Member State rejects an application for a permit or certificate, \n\nit shall immediately inform the Commission of the rejection and of the \n\nreasons for rejection if the decision to reject: \n\n(a) is based on information not already available to the other Member \n\nStates; or \n\n\f- 39 -\n\n(b) relates to conditions, criteria or provisions to be laid down in \n\naccordance with the procedure laid down in Article 29 but which \n\nhave not yet been established. 2. The Commission shall, where necessary to ensure the harmonized \n\napplication of this Regulation, communicate to the other Member States \n\ninformation received in accordance with paragraph 1. 3. When an application for a permit or certificate is made relating to \n\nspecimens for which such an application has previously been rejected, \n\nthe applicant must inform the management authority to which the \n\napplication is submitted of the previous rejection. 4. (a) The Member States shall recognize the rejection of applications by \n\nthe competent authorities of the other Member States. (b) However, this need not apply where the circumstances have \n\nsignificantly changed or where new evidence to support an \n\napplication has become available. In such cases, if a management \n\nauthority issues a permit or certificate, it shall inform the \n\nCommission thereof and of the reasons for issuance. Article 9 \n\nCaptive-bred and artificially propagated specimens \n\n1. For the purposes of Articles 4, 6 and 7, specimens of species listed in \n\nAnnex A that have been bred in captivity or artificially propagated for \n\ncommercial purposes shall be treated in accordance with the provisions \n\nrelating to specimens of species listed in Annex B provided that, in \n\nthe case of an animal species, they derive from a captive-breeding \n\noperation approved by the Commission in accordance with the procedure \n\nlaid down in Article 29. - 40 -\n\nWith regard to specimens of species listed in Annex A that have been \n\nbred in captivity or artificially propagated not for commercial \n\npurposes and specimens of species listed in Annexes B and C that have \n\nbeen bred in captivity or artificially propagated: \n\n(a) for the purposes of Article 4, and without prejudice to point (f) \n\nof Article 4(1), a certificate to that effect, issued by a \n\nmanagement authority of the exporting or re-exporting State, if a \n\nparty to the Convention, shall be accepted in place of an export \n\npermit or re-export certificate. In this case, the conditions laid \n\ndown in points (a), (b), (d) and (e) of Article 4(1) and in points \n\n(b)(i) and (b)(ii) of Article 4(2) shall be waived; and \n\n(b) for the purposes of Articles 6 and 7, one of the certificates \n\nreferred to in points (e) and (f) of Article 18 may be issued by a \n\nmanagement authority of the Member State in whose territory the \n\nspecimens are located, on the advice of the competent scientific \n\nauthority of that Member State, and shall be accepted at a customs \n\noffice in place of an export permit or re-export certificate. In \n\nthis case, the issuance of the certificate used shall be subject to \n\nthe conditions laid down in point (c)(i) of Article 6(1). (c) in the case of artificially propagated plants, the provisions of \n\nArticles 4, 6 and 7 may be waived under special provisions \n\nspecified by the Commission, relating to: \n\n(i) the use of phytosanitary certificates; \n\n(ii) trade by registered commercial traders and by the scientific \n\ninstitutions referred to in Article 12(1); and \n\n(iii) the trade in hybrids. - 41 -\n\n3. The criteria for determining whether a specimen has been bred in \n\ncaptivity or artificially propagated and whether for commercial \n\npurposes, as well as the special provisions referred to in point (c) of \n\nparagraph 2, shall be specified by the Commission in accordance with \n\nthe procedure laid down in Article 29. 4. The Commission shall publish in the Official Journal of the European \n\nCommunities the list of captive-breeding operations referred to in \n\nparagraph 1. Derogations \n\nArticle 10 \n\n1. By way of derogation from Articles 4 and 5, where a specimen is in \n\ntransit through the Community, presentation to the appropriate customs \n\nservice of the permits, certificates and declarations prescribed \n\ntherein shall not be required. 2. (a) In the case of species listed in the Annexes in accordance with \n\npoint (a) of Article 3(1), points (a) and (b) of Article 3(2), \n\nArticle 3(3) and point (b) of Article 3(4), the derogation \n\nreferred to in paragraph 1 shall apply only where a valid export or \n\nre-export document provided for by the Convention, and which \n\nspecifies the destination of the specimen, has been issued by the \n\ncompetent authorities of the exporting or re-exporting third \n\ncountry. (b) Member States may require presentation of such export or re-export \n\ndocument or satisfactory proof of its existence. (c) If this document has not been issued, the specimen shall be \n\ndetained and may be confiscated unless: \n\n\f- 42 -\n\n(i) the specimen is of a species listed in Annex B or C; \n\n(ii) the export or re-export document is issued retrospectively; \n\nand \n\n(iii) such retrospective issuance is carried out under conditions \n\nspecified by the Commission in accordance with the procedure \n\nlaid down in Article 29. 3. However, the conditions prescribed in paragraph 2 shall not apply where \n\nthe specimen in transit has been exported or re-exported from and is \n\nconsigned to a third country not party to the Convention. Article 11 \n\nBy way of derogation from Articles 4 to 7, the provisions therein shall \n\nnot apply to dead specimens, parts and derivatives of species listed in \n\nAnnexes B to D which are personal or household effects being introduced \n\ninto the Community, or exported or re-exported therefrom, in compliance \n\nwith provisions that shall be specified by the Commission in accordance \n\nwith the procedure laid down in Article 29. Article 12 \n\nBy way of derogation from Articles 4, 6 and 7, presentation to the \n\ncustoms services of the documents referred to therein shall not be \n\nrequired in the case of non-commercial loans, donations and exchanges \n\nbetween scientists and scientific institutions, registered by the \n\nmanagement authorities of the States in which they are located, of \n\nherbarium specimens and other preserved, dried or embedded museum \n\nspecimens, and of live plant material, bearing a label, the model for \n\nwhich has been determined in accordance with the procedure laid down in \n\nArticle 29 or a similar label issued or approved by a management \n\nauthority of a third country. - 43 -\n\n2. The procedures and criteria for registration of the scientists and \n\nscientific institutions referred to in paragraph 1 shall be determined \n\nby the Commission in accordance with the procedure laid down in \n\nArticle 29. Article 13 \n\nReturn of used permits and certificates \n\n1. Customs offices shall, within one month of receipt, forward to a \n\nmanagement authority of the Member State in which they are situated the \n\npermits and certificates which have been presented to them in \n\naccordance with Articles 4 to 7, as well as any supporting CITES \n\ndocuments issued by exporting or re-exporting third countries. 2. The management authorities of the Member States shall, within one month \n\nof receipt, return to the management authorities which have issued them \n\nthe Community permits and certificates which have been sent to them by \n\nthe customs offices in accordance with paragraph 1, together with any \n\nsupporting CITES documents. Prohibitions relating to internal trade and \n\nto specimens of endangered species \n\nArticle 14 \n\n1. The possession of any specimen of a species listed in Annex A is \n\nprohibited except where it can be proved, to the satisfaction of the \n\nmanagement authority of the Member State concerned, to have been \n\nacquired and, if it originated outside the Community, to have been \n\nintroduced thereto, in accordance with the legislation in force for the \n\nconservation of wild fauna and flora. - 44 -\n\n2. A management authority of a Member State may, if it deems it \n\nappropriate, issue the certificate provided for in point (g) of \n\nArticle 18 to confirm that possession of such a specimen is legal. 3. In accordance with the procedure laid down in Article 29, the \n\nCommission may establish restrictions on the possession of specimens of \n\ncritically endangered species. Article 15 \n\n1. The purchase, acquisition for commercial purposes, display to the \n\npublic for commercial purposes, use for commercial gain and sale, \n\nkeeping for sale, offering for sale or transporting for sale of \n\nspecimens of the species listed in Annex A are prohibited. 2. (a) Exemption from the prohibition referred to in paragraph 1 may be \n\ngranted by issuance of a certificate to that effect by a management \n\nauthority of the Member State in which the specimens are located, \n\non a case-by-case basis, account being taken of the objectives of \n\nthe Convention and in accordance with the requirements of other \n\nCommunity legislation on the conservation of wild fauna and flora, \n\nwhere the specimens: \n\n(i) were acquired in or were introduced into the Community before \n\nthe provisions relating to species listed in Appendix I of \n\nthe Convention or in Annex CI to Regulation (EEC) 3626/82 or \n\nin Annex A to this Regulation became applicable to the \n\nspecimens; or \n\n(ii) are worked specimens that were legally acquired more than \n\nfifty years previously; or \n\n(iii) were introduced into the Community in compliance with the \n\nprovisions of this Regulation and are to be used for one of \n\nthe purposes referred to in point (d)(ii) of Article 4(1); or \n\n\f- 45 -\n\n(iv) are captive-bred specimens of an animal species or \n\nartificially propagated specimens of a plant species or are \n\nparts or derivatives of such specimens; or \n\n(v) are required under exceptional circumstances for advancement \n\nof science or for essential biomedical purposes where the \n\nspecies in question proves to be the only one suitable for \n\nthose purposes; or \n\n(vi) are intended for breeding or propagation purposes from which \n\nconservation benefits will accrue to the species concerned; \n\nor \n\n(vii) are intended for research or education aimed at the \n\npreservation or conservation of the species; or \n\n(viii)originate in a Member State and were removed from the natural \n\nState in compliance with the legislation in force in that \n\nMember State. (b) General exemptions from this prohibition, based on the conditions \n\ncontained in subparagraph (a), as well as general exemptions with \n\nregard to species included in Annex A in accordance with points \n\n(b)(ii) and (c) of Article 3(1) may be granted by the Commission. (c) The Commission shall lay down the conditions and criteria for \n\ngranting the exemptions referred to in subparagraph (a) and shall \n\ngrant the exemptions referred to in subparagraph (b) in accordance \n\nwith the procedure laid down in Article 29. The Scientific Review \n\nGroup shall advise the Committee on the application of the \n\nconditions in points (v), (vi) and (vii) of paragraph 2(a). 3. The prohibitions referred to in paragraph 1 shall also apply to \n\nspecimens of the species listed in Annexes B to D except where it can \n\nbe proved to the satisfaction of the management authority of the Member \n\nState concerned that such specimens were acquired and, if they \n\noriginated outside the Community, were introduced thereto, in \n\naccordance with the legislation in force for the conservation of wild \n\nfauna and flora. - 46 -\n\n4. For the purposes of Articles 4(5), 14(1) and 15(3), and without \n\nprejudice to other types of proof satisfactory to the management \n\nauthority, the Commission may specify acceptable proof of legal \n\nacquisition and legal introduction into the Community, which may \n\ninclude the use of documents and marks, in accordance with the \n\nprocedure laid down in Article 29. 5. The competent authorities of the Member States shall have discretion to \n\nsell any specimen of the species listed in Annexes B to E they have \n\nseized under this Regulation, provided that they are not thus returned \n\ndirectly to the person or entity from whom they were seized. Such \n\nspecimens may then be treated for all purposes as if they had been \n\nlegally acquired. Article 16 \n\nMovement and registration of live specimens \n\n1. (a) (i) A management authority of each Member State shall establish \n\nand maintain a register of the authorized locations of live \n\nspecimens of species included in Annex A, specified in \n\naccordance with point (a) of paragraph 4 and located in the \n\nterritory under its jurisdiction. (ii) Each holder of such specimens shall: \n\n- within three months of the date on which such specimens \n\nbecome subject to the provisions of point (a) of \n\nparagraph 4, notify their location to a management \n\nauthority of the Member State in which the specimens are \n\nlocated at that time; and \n\n\f- 47 -\n\n- notify to such management authority any subsequent change \n\nin holding by acquisition, captive breeding, artificial \n\npropagation, death or disposal, within one month of such \n\nchange. (b) (i) Any movement within the Community of a live specimen of a \n\nspecies listed in Annex A from the location specified in the \n\nregister, the import permit or in any certificate issued in \n\ncompliance with this Regulation, shall require prior \n\nauthorization from a management authority of the Member State \n\nin which the specimen is located. (ii) Such authorization shall: \n\n- only be granted when the competent scientific authority of \n\nsuch Member State or, where the movement is to another Member \n\nState, the competent scientific authority of the latter, has \n\nadvised in writing that the intended accommodation is \n\nadequately equipped and suited to the biological and, in the \n\ncase of an animal, behavioural needs of the species and that \n\nthe specimen will be properly cared for; \n\nbe confirmed by issuance of the certificate referred to in \n\npoint (1) Article 18; and \n\n- where applicable, be immediately communicated to a management \n\nauthority of the Member State in which the specimen is to be \n\nlocated. (iii) However, no such authorization shall be required if a live \n\nanimal must be moved for the purpose of urgent veterinary \n\ntreatment and is returned directly to its authorized \n\nlocation. - 48 -\n\n(iv) As soon as any movement authorized in accordance with this \n\nsubparagraph has taken place, the holder of the specimen \n\nshall inform the management authority competent for the new \n\nlocation that the specimen has been delivered to that \n\nlocation. (c) (i) \n\nThe provisions of subparagraph (b) shall not apply to \n\nspecimens of Annex A species that are commonly bred in \n\ncaptivity or artificially propagated. 2. Where a live specimen of a species listed in Annex B is moved within \n\nthe Community, the holder of the specimen may relinquish it only after \n\nensuring that the intended recipient is adequately informed about the \n\naccommodation, equipment and practices required to ensure the specimen \n\nwill be properly cared for. 3. When any live specimens are transported into, from or within the \n\nCommunity or are held during any period of transit or transhipment, \n\nthey shall be so prepared, moved and cared for as to minimize the risk \n\nof injury, damage to health or cruel treatment to such specimens and, \n\nin the case of animals, in conformity with Community legislation on the \n\nprotection of animals during transport. 4. Under the procedure laid down in Article 29, the Commission may: \n\n(a) determine the criteria, conditions and procedures for application \n\nof the provisions and exemptions in paragraphs 1 and 2 and specify \n\nthe live specimens and species referred to in subparagraph 1(a)(i); \n\nand \n\n(b) establish restrictions on the holding or movement of live specimens \n\nof species included in Annex A or B for which the Scientific Review \n\nGroup has advised that the introduction into nature of such \n\nspecimens, through escape or release, forms an ecological threat to \n\nspecies of wild fauna and flora indigenous to the Community; and \n\n\f- 49 -\n\n(c) establish restrictions on the holding or movement of live specimens \n\nof species in relation to which restrictions on the introduction \n\ninto the Community have been established in accordance with points \n\n(a) or (c)(ii) of Article 4(6) and may establish restrictions of \n\nthe same nature on specimens originating in the Community; and \n\n(d) establish restrictions on the holding or movement of live specimens \n\nin order to safeguard human life and health. Article 17 \n\nStricter measures for indigenous species \n\n1. The possession of any specimen of a species listed in Annex E in the \n\nterritory of the Member State with respect to which it is listed \n\ntherein and the removal of any such specimen from the territory of such \n\nMember State are prohibited. 2. Exemption from the prohibition referred to in paragraph 1 may be \n\ngranted by a management authority of the Member State concerned by \n\nissuance, where trade is with a third country, of an import permit, \n\nexport permit or re-export certificate or, where trade is within the \n\nCommunity, of one of the certificates referred to in Article 18. Article 18 \n\nCertificates to be issued \n\nOn receiving an application, together with all the requisite supporting \n\ndocuments from the person concerned, a management authority of a Member \n\nState may issue the appropriate one of the following certificates: \n\n\f- 50 -\n\n(a) a certificate stating that a specimen was acquired in or was \n\nintroduced into the Community before the provisions relating to \n\nAppendix I, II or III to the Convention, Annex C to Regulation \n\n(EEC) No 3626/82 or Annexes A, B, C or E to this Regulation became \n\napplicable to it; \n\n(b) a certificate stating that a worked specimen of a species listed in \n\nAnnex A was legally acquired more than fifty years previously; \n\n(c) a certificate stating that a specimen was introduced into the \n\nCommunity in accordance with the provisions of Regulation (EEC) \n\nNo 3626/82 or of this Regulation; \n\n(d) a certificate stating that a specimen was removed from the natural \n\nstate in compliance with the legislation in force within its own \n\nterritory; \n\n(e) a certificate stating that a specimen is or is a part of or derived \n\nfrom an animal bred in captivity; \n\n(f) a certificate stating that a specimen is or is a part of or derived \n\nfrom an artificially propagated plant; \n\n(g) a certificate stating that the possession of a specimen of a \n\nspecies listed in Annex A or Annex E is legal; \n\n(h) a certificate stating that the use has been authorized of a \n\nspecimen of a species listed in Annex A, introduced into the \n\nCommunity in compliance with the provisions of this Regulation, for \n\none of the purposes referred to in point (d)(ii) of Article 4(1); \n\n(i) a certificate stating that the use of a specimen of a species \n\nlisted in Annex A essential for biomedical purposes or advancement \n\nof science in exceptional circumstances has been authorized; \n\n\f- 51 -\n\n(j) a certificate stating that, in accordance with Article 15(2), the \n\nuse has been authorized of a specimen of a species listed in Annex \n\nA for breeding or propagation purposes from which conservation \n\nbenefits will accrue to the species concerned or for research or \n\neducation aimed at the preservation or conservation of the species; \n\n(k) a certificate stating that a specimen was acquired in accordance \n\nwith Article 15(5); \n\n(1) a certificate stating that the movement of a live specimen of a \n\nspecies listed in Annex A has been authorized. Article 19 \n\nValidity of and special conditions on permits and certificates \n\n1. Permits and certificates issued by the competent authorities of the \n\nMember States in accordance with this Regulation shall be valid \n\nthroughout the Community. 2. (a) However, any such permit or certificate, as well as any permit or \n\ncertificate issued on the basis of it, shall be deemed void if the \n\nissuing authority or the Commission establishes that it was issued \n\non the false premise that the conditions for its issue were met. (b) Specimens situated in the territory of a Member State and covered \n\nby such documents shall be seized by the competent authorities of \n\nthat Member State and may be confiscated. 3. (a) Any permit or certificate issued in accordance with this Regulation \n\nmay stipulate conditions and requirements imposed by the issuing \n\nauthority to ensure compliance with the provisions thereof. - 52 -\n\n(b) When a Member State has recourse to subparagraph (a), it shall \n\ninform the Commission of the conditions and requirements imposed. 4. Any import permit issued on the basis of a copy of the corresponding \n\nexport permit or re-export certificate shall be valid only for the \n\nintroduction of specimens into the Community when accompanied by the \n\noriginal valid export permit or re-export certificate. Article 20 \n\nCharges for applications for permits and certificates \n\nMember States shall levy a charge for processing any application for a \n\npermit or certificate required under this Regulation. The charge shall be \n\nset by the Commission in accordance with the procedure laid down in \n\nArticle 29. Article 21 \n\nPlaces of entry, exit and transit \n\n1. The Member States shall, within twelve months of 1 January 1993: \n\n(a) designate customs offices for the completion of procedures for the \n\nintroduction to, export or re-export from or transit or \n\ntranshipment through the Community of specimens of species covered \n\nby this Regulation; and \n\n\f- 53 -\n\n(b) designate customs offices specifically for such procedures relating \n\nto shipments of live specimens, account being taken of the \n\ndistances that such specimens may be transported, and shall provide \n\nholding facilities at or in close proximity to all such designated \n\nplaces to ensure that any live specimens held are adequately housed \n\nand cared for. 2. All places designated in accordance with paragraph 1 shall be notified \n\nto the Commission which shall publish a list of them in the Official \n\nJournal of the European Communities. 3. In exceptional cases, where a shipment contains only one or a few \n\naccompanied live specimens, a management authority may permit the \n\nintroduction into the Community or the export or re-export therefrom at \n\na customs office other than one designated in accordance with point (b) \n\nof paragraph 1. 4. The minimum requirements for the holding facilities referred to in \n\npoint (b) of paragraph 1 shall be determined by the Commission in \n\naccordance with the procedure laid down in Article 29. Article 22 \n\nManagement and scientific authorities \n\nand other competent authorities \n\n1. Within six months of 1 January 1993: \n\n(a) (i) Each Member State shall designate a management authority with \n\nprimary responsibility for implementation of this Regulation \n\nand for communication with the Commission; \n\n\f- 54 -\n\n(ii) Each Member State may also designate additional management \n\nauthorities and other competent authorities to assist in \n\nimplementation, in which case the primary management \n\nauthority shall be responsible for providing to the \n\nadditional authorities all the information required for \n\ncorrect application of the Regulation; \n\n(b) Each Member State shall designate one or more scientific \n\nauthorities whose personnel shall be separate from those of any \n\ndesignated management authority and shall be appropriately \n\nqualified and experienced in connection with the conservation, \n\nmanagement or biology of wild animals and plants so as to render it \n\na suitable body, and shall consider only information that has a \n\nscientific bearing in giving their advice. 2. (a) Member States shall forward the names and addresses of the \n\ndesignated management authorities, scientific authorities and other \n\nauthorities competent to grant permits or certificates to the \n\nCommission which shall publish this information in the Official \n\nJournal of the European Communities. (b) Each management authority referred to in point (a)(i) of \n\nparagraph 1 shall, if so requested by the Commission, communicate \n\nto it, within one month, the names and specimen signatures of \n\npeople authorized to sign permits or certificates, impressions of \n\nstamps, seals or other devices used to authenticate permits or \n\ncertificates. (c) Member States shall communicate to the Commission any changes in \n\nthe information already provided, not later than one month after \n\nthe implementation of such change. - 55 -\n\nArticle 23 \n\nMonitoring of compliance and investigation of infringements \n\n1. (a) The competent authorities of the Member States shall monitor \n\ncompliance with the provisions of this Regulation. (b) If, at any time, the competent authorities have reason to believe \n\nthat these provisions are being infringed, they shall take the \n\nappropriate steps to ensure compliance or to instigate legal \n\nactions. (c) The Member States shall inform the Commission of any action taken \n\nby the competent authorities in relation to infringements of this \n\nRegulation, including the making of seizures and confiscations. 2. (a) The Commission can request the competent authorities of the Member \n\nStates to undertake the investigations which it considers to be \n\nnecessary under this Regulation. (b) If agreed by the Commission and the competent authorities of the \n\nMember States in whose territory the investigation is to be made, \n\nthe services of the Commission shall assist such authorities in \n\ncarrying out their duties. Communication of information \n\nArticle 24 \n\n1. The Member States and the Commission shall communicate to one another \n\nthe information necessary for implementing this Regulation. - 56 -\n\n2. The Commission shall communicate with the Secretariat of the Convention \n\nso as to ensure that the Convention is effectively implemented \n\nthroughout the territory to which this Regulation applies. 3. When the Scientific Review Group provides advice in accordance with \n\npoints (a) or (d) of Article 4(1), point (i) of Article 4(2)(b), point \n\n(a) of Article 5(1), point (i) of Article 5(2)(b) or point (a) of \n\nArticle 6(1), the Commission shall immediately communicate this advice \n\nto the management authorities of the Member States or to the management \n\nauthority of the Member State concerned, as appropriate. 4. (a) The information to be passed to the Commission by the Member States \n\nin accordance with Articles 19(3)(b) and 23(1)(c) shall be provided \n\non a monthly basis. (b) The Commission shall: \n\n(i) specify the form and manner in which such information shall \n\nbe provided; and \n\n(ii) where necessary to ensure the harmonized implementation of \n\nthis Regulation, communicate to the Member States the \n\ninformation received. 5. The Commission shall take the appropriate measures to protect the \n\nconfidentiality of information obtained in confidence pursuant to the \n\napplication of this Regulation. - 57 -\n\nArticle 25 \n\n1. (a) The management authorities of the Member States shall communicate \n\nto the Commission, before 15 June each year, all the information \n\nrelating to the preceding year required for drawing up the reports \n\nreferred to in Article VIII(7) of the Convention and equivalent \n\ninformation on international trade in all specimens of species \n\nlisted in Annexes A, B and C and on introduction into the Community \n\nof specimens of species listed in Annex D. The information to be \n\ncommunicated and the format for its presentation shall be specified \n\nby the Commission. (b) On the basis of the information referred to in-(a), the Commission \n\nshall publish annually a statistical report on the introduction \n\ninto and the export and re-export from the Community of the \n\nspecimens of the species to which this Regulation applies. 2. (a) With respect to the species to which this Regulation applies and \n\nspecies which may be eligible for inclusion in the Annexes, the \n\ncompetent authorities of the Member States shall forward to the \n\nCommission all the relevant information relating to: \n\n- the biological or trade status of such species; \n\n- the methods used for their transport; \n\n- the requirements for accommodating and caring for live specimens; \n\n- the uses to which specimens of such species are put; and \n\n- scientific, technical and other forms of progress in methods of \n\ncontrolling trade in live specimens, parts and derivatives, \n\nincluding methods for detection and investigation of illegal \n\ntrade. ,* \n\n(b) The Commission may, where necessary, take suitable steps to co \n\nordinate the work in these fields or to use the information to \n\nimprove the application of this Regulation. - 58 -\n\nArticle 26 \n\nSanctions \n\n1. The Member States shall take appropriate measures to ensure the \n\nimposition of sanctions for at least the following infringements of the \n\nprovisions of this Regulation: \n\n(a) introduction into or export or re-export from the Community of \n\nspecimens without the appropriate permit or certificate or with a \n\nfalse, falsified or non-valid permit or certificate or one altered \n\nwithout authorization by the issuing authority; \n\n(b) failure to comply with the stipulations specified on a permit or \n\ncertificate issued in accordance with this Regulation; \n\n(c) making a false declaration or knowingly providing false information \n\nin order to obtain a permit or certificate; \n\n(d) using a false, falsified or non-valid permit or certificate or one \n\naltered without authorization, as a basis for obtaining a Community \n\npermit or certificate or for any other official purpose in \n\nconnection with this Regulation; \n\n(e) making no declaration or making a false declaration on import; \n\n(f) shipment of live specimens not properly prepared so as to minimize \n\nthe risk of injury, damage to health or cruel treatment; \n\n(g) use of specimens of species listed in Annex A other than in \n\naccordance with the authorization given at the time of issuance of \n\nthe import permit or subsequently; \n\n(h) trade in artificially propagated plants contrary to the provisions \n\nlaid down in accordance with point (c) of Article 9(2); \n\n\f- 59 -\n\n(i) shipment of specimens into or out of or transit through the \n\nterritory of the Community without the appropriate permit or \n\ncertificate issued in accordance with this Regulation and, in the \n\ncase of export or re-export from a third country party to the \n\nConvention, in accordance therewith, or satisfactory proof of its \n\nexistence; \n\n(j) possession of specimens in contravention of Articles 14 or 17; \n\n(k) purchase, acquisition for commercial purposes, use for commercial \n\ngain, display to the public for commercial purposes, sale, keeping \n\nfor sale, offering for sale or transporting for sale of specimens \n\nin contravention of Article 15; \n\n(1) failure to notify the holding, acquisition (whether or not by \n\ncaptive breeding or artificial propagation), death or disposal of \n\nlive specimens of Annex A species or movement of live specimens \n\ncontrary to the provisions of Article 16; \n\n(m) removal of a specimen of a species listed in Annex E from the \n\nterritory of a Member State with respect to which it is listed \n\ntherein, contrary to the provisions of Article 17; \n\n(n) use of a permit or certificate for any specimen other than one for \n\nwhich it was issued; \n\n(o) falsification or alteration of any permit or certificate issued in \n\naccordance with this Regulation; \n\n(p) failure to disclose rejection of an application for a permit or \n\ncertificate, in accordance with Article 8(3). 2. The measures referred to in paragraph 1 shall be appropriate in \n\nrelation to the nature and the gravity of the infringement and include \n\nprovisions with regard to the seizure and confiscation of specimens. - 60 -\n\n3. Where a specimen is confiscated the specimen shall be entrusted to a \n\nmanagement authority of the Member State of confiscation which: \n\n(i) shall, following consultation with a scientific authority of that \n\nMember State, place or otherwise dispose of the specimen where it \n\ndeems appropriate and consistent with the purposes and provisions \n\nof the Convention and this Regulation; and \n\n(ii) in the case of a living specimen having been introduced into the \n\nCommunity, may, after consultation with the State of export, \n\nreturn the specimen to that State at the expense of the convicted \n\nperson. 4. Where a living specimen of a species listed in Annex B or C arrives \n\nfrom a third country at a port of entry into the Community without the \n\nappropriate valid permit or certificate, the specimen may be seized and \n\nconfiscated or, if the consignee refuses to acknowledge the specimen, \n\nthe competent authorities of the Member State responsible for the place \n\nof entry may, if appropriate, refuse to accept the shipment and require \n\nthe carrier to return the specimen to its place of departure. Article 27 \n\nCommon positions on proposals submitted to \n\nthe conference of the parties to the Convention \n\n1. A common position of the Member States on each proposal submitted to \n\nthe Secretariat of the Convention for approval by the conference of the \n\nparties to the Convention and which is relevant to the implementation \n\nof this Regulation shall be established by the Commission in accordance \n\nwith the procedure laid down in Article 29. - 61 -\n\n2. Proposals for approval by the conference of the parties to the \n\nConvention may be submitted by: \n\na) the Member States; or \n\nb) the Commission on behalf of the Community when the latter is a \n\nparty to the Convention; \n\nonly when they have been approved in accordance with the procedure laid \n\ndown in Article 29. 3. (a) During meetings of the conference of the parties to the Convention, \n\nthe representatives of the Member States may express and vote in \n\nfavour of a position other than the common position established in \n\naccordance with paragraph 1 only in order to represent the \n\ninterests of dependent territories. (b) Any such divergent position may be expressed by a Member State and \n\nsupported by its vote only after the Member State, in consultation \n\nwith the Commission, has exhausted the possibilities to reconcile \n\nthis with the common position and, in this case, shall make it \n\nclear that it was expressing its position or exercising its vote on \n\nbehalf of an interest of a dependent territory. Article 28 \n\nThe Scientific Review Group \n\n1. A scientific consultative group is hereby established, consisting of \n\nthe representatives of each Member State's scientific authority and \n\nchaired by the representative of the Commission. - 62 -\n\n2. (a) The Scientific Review Group shall examine any scientific question \n\nrelating to the implementation of this Regulation raised by the \n\nchairman, either on his own initiative or at the request of the \n\nmembers, the Commission or the Committee. (b) The Scientific Review Group shall endeavour to ensure that the best \n\nscientific information available is taken into consideration and \n\nshall convey its scientific findings and advice to the Commission \n\nand the Committee. Article 29 \n\nThe Commission shall be assisted by a committee composed of the \n\nrepresentatives of the Member States and chaired by the representative of \n\nthe Commission. The representative of the Commission shall submit to the Committee a draft \n\nof the measures to be taken. The Committee shall deliver its opinion on \n\nthe draft within a time limit which the chairman may lay down according to \n\nthe urgency of the matter. The opinion shall be delivered by the majority \n\nlaid down in Article 148(2) of the Treaty in the case of decisions which \n\nthe Council is required to adopt on a proposal from the Commission. The \n\nvotes of the representatives of the Member States within the Committee \n\nshall be weighted in the manner set out in that Article. The chairman \n\nshall not vote. The Commission shall adopt measures which shall apply immediately. However, \n\nif these measures are not in accordance with the opinion of the committee, \n\nthey shall be communicated by the Commission to the Council forthwith. In \n\nthat event the Commission shall defer application of the measures which it \n\nhas decided for a period of three months from the date of such \n\ncommunication. The Council, acting by a qualified majority, may take a different decision \n\nwithin the time limit referred to in the previous paragraph. - 63 -\n\nFinal provisions \n\nArticle 30 \n\nIn accordance with the procedure laid down in Article 29, the Commission \n\nshall: \n\n(a) amend Annexes A to E on the basis of the criteria contained in \n\nArticle 3; \n\n(b) lay down uniform conditions and criteria for: \n\n(i) the issue, validity and use of the documents referred to in \n\nArticles 4 to 7 and 18 and determine the design thereof; and \n\n(ii) the use of plant health certificates; \n\n(c) adopt the measures referred to in Article 4(6), Article 6(4), \n\nArticle 9(1) and (3), Article 10(2), Article 11, Article 12(1) and (2), \n\nArticle 14(3), Article 15(2) and (4), Article 16(4), Article 20, \n\nArticle 21(4), Article 27(1) and (2); and \n\n(d) adopt any additional measures necessary to ensure effective and \n\nharmonized application of the provisions of this Regulation, including \n\nmeasures to implement resolutions of the conference of the parties to \n\nthe Convention, where appropriate, and to establish procedures for \n\nmarking specimens as an aid to identification and enforcement. Article 31 \n\nEach Member State shall notify the Commission and the Secretariat of the \n\nConvention of the provisions which it adopts specifically for the \n\nimplementation of this Regulation and of all legal instruments used anc \n\naction taken for its implementation and enforcement. - 64 -\n\nThe Commission shall communicate this information to the other Member \n\nStates. Article 32 \n\nRegulation (EEC) No 3626/82 is hereby repealed. Article 33 \n\nThis Regulation shall enter into force on the date of its publication in \n\nthe Official Journal of the European Communities. It shall apply from 1 January 1993. Articles 28, 29 and 30 shall apply from the date of entry into force. This Regulation shall be binding in its entirety and directly applicable in \n\nall Member States. Done at Brussels, \n\nFor the Council \n\nThe President \n\n\f\f- 65 -\n\nANNEXES A. B AMD C \n\nINTERPRETATION \n\n1. Species Included In these annexes are referred to: \n\na) \n\nb) \n\nby the name of the species; or \n\nas being all of the species Included In a higher taxon or \ndesignated part thereof. 2. The abbreviation \"spp. \" Is used to denote all species of a higher \n\ntaxon. 3. Other references to taxa higher than species are for the purposes of \n\nInformation or classification only. 4. Domestic forms of the species or higher taxa named In these annexes \n\nare excluded therefrom. 5. The abbreviation \"p. e. \" Is used to denote species that are possibly \n\nextinct. 6. An asterisk \"*\" placed against the name of a species or higher taxon \n\nIndicates that one or more geographically separate populations, \n\nsubspecies or species of that species or taxon are Included In Annex A \n\nand are excluded from Annex B. 7. Two asterisks \"**\" placed against the name of a species or higher \n\ntaxon Indicate that one or more geographically separate populations, \n\nsubspecies or species of that species or taxon are Included In Annex B \n\nand are excluded from Annex A. - 66 -\n\n8. The symbols 'I', 'II' and 'III' and the symbol 'x' followed by a \n\nnumber placed against the name of a species or higher taxon refer to \n\nthe Appendices of the Convention In which the species concerned are \n\nlisted, as Indicated In notes 9-12. Where none of these annotations \n\nappears, the species concerned are not listed In the Appendices to the \n\nConvention. 9. (I) \n\nagainst the name of a species or higher taxon Indicates that the \n\nspecies or higher taxon concerned Is included In Appendix I of \n\nthe Convention; \n\n10. (11) against the name of a species or higher taxon Indicates that the \n\nspecies or higher taxon concerned Is Included In Appendix II of \n\nthe Convention; \n\n11. (111) against the name of a species or higher taxon Indicates that It \n\nIs Included In Appendix 111 of the Convention. In this case the \n\ncountry with respect to which the species or higher taxon Is \n\nIncluded in Appendix III Is also Indicated by a two-letter code \n\nas follows : BW (Botswana), \u00c7A (Canada), CO (Colombia), CR (Costa \n\nRica), GH (Ghana), GT (Guatemala), HN (Honduras), IN (India), MY \n\n(Malaysia), MU (Mauritius), NP (Nepal), TN (Tunisia) and UY \n\n(Uruguay). 12. The symbol MxN followed by a number placed against the name of a \n\nspecies or higher taxon In Annex A or B denotes that certain \n\ngeographically separate populations, species, groups of species or \n\nfamilies of that species or taxon are listed In Appendix I, II or III \n\nof the Convention, as follows : \n\nx701 Dendrolagus bennettlanus, Dendrolagus Inustus, Dendrolagus \n\nlumholtzl and Dendrolagus urslnus are listed In Appendix II. - 67 -\n\nx702 All species are listed In Appendix II except Ate les geoffroyl \n\nfrontatus and Ateles geoffroyl panamensis which are listed in \n\nAppend Ix I. x703 All species are listed In Appendix M except Lagothrix fiavicauda \n\nwhich Is listed In Appendix 1. x704 The species Is listed In Appendix II but subspecies Cercocebus \n\ngalerltus ga1er I tus Is listed In Appendix I. x705 The species Is listed In Appendix II but subspecies Co Iobus \n\npennant 11 kirk I Is listed in Appendix I. x706 Myrmecophaga tridactyla and Tamandua tetradactyla chapadensis are \n\nlisted In Appendix II. Tamandua tetradactyla Is listed In \n\nAppend Ix III for GuatemaI a. x707 Bradypus varlegatus Is listed In Appendix II. x708 Choloepus hoffmannl Is listed In Appendix III for Costa Rica. x709 Cabassous centralis Is listed In Appendix III for Costa Rica and \n\nCabassous tatouay Is listed In Appendix III for Uruguay. X 7 10 ManIs crasslcaudata, Manls Javanlca and Manls pentadactyla are \n\nlisted In Appendix II. Manls glgantea, Manls tetradactyla and \n\nManls trlcuspls are listed In Appendix III for Ghana. X711 All species are listed In Appendix II except LI potes vexllllfer, \n\nPlatanlsta spp. , Berardlus spp. , Hyperoodon spp. , Physeter \n\nmacrocephalus, Sotalla spp. , Sousa spp. , Neophocaena \n\nphocaenoldes, Phocoena sinus, Eschrlent lus robustus, Balaenoptera \n\nspp. (except population of West Greenland of Balaenoptera \n\nacutorostrata), Megaptera novaeangllae, Balaena spp. and Caperea \n\nmarglnata which are listed In Appendix I. X712 The populations of Bhutan, India, Nepal and Pakistan are listed \n\nIn Appendix I and the population of the territory of the European \n\nCommunity Is listed In Appendix II. X713 Duslcyon culpaeus, Duslcyon grlseus and Dusicyon gymnocercus are \n\nIIsted In Appendix II. X714 The population of Mexico Is listed In Appendix I and the \n\npopulation of the territory of the European Community Is listed \n\nIn Append Ix 11. - 68 -\n\nx715 The species Is listed In Appendix I except the population of \n\nAustralia which Is listed In Appendix II. X 7 16 Trichechus Inunquis and Trichechus manatus are listed In Appendix \n\nl. Trichechus senega Iens I s Is listed In Appendix II. X717 The species Is listed In Appendix II but subspecies Equus \n\nhem I onus hemlonus and Equus hem Ionus khur are listed In Appendix \n\nI. X718 All species are listed In Appendix II except the populations of \n\nAfghanistan, Bhutan, India, Myanmar, Nepal and Pakistan which are \n\nIisted In Appendix I. X719 The species Is listed In Appendix il but subspecies Capra \n\nfalconer! chialtanensls, Capra falconer I jerdonl and Capra \n\nfalconer I megaceros are listed In Appendix I. x720 Cephalophus dorsal Is, Cephalophus montlcola, Cephalophus oglibyl, \n\nCephalophus sylvlcultor and Cephalophus zebra are listed In \n\nAppendix II. X 7 21 Gazella cuvierl, Gazella dorcas and Gazella Ieptoceros are listed \n\nIn Appendix III for Tunisia. x722 The species Is listed In Appendix III for Uruguay but subspecies \n\nRhea amerlcana albescens Is listed In Appendix It. x723 Rhynchotus rufescens maculIcolI Is, Rhynchotus rufescens \n\npallescens and Rhynchotus rufescens rufescens are listed In \n\nAppendix II. x724 Ephlpplorhynchus senega lens Is and Leptoptllos crumenlferus are \n\nlisted In Appendix III for Ghana. x725 CI con I a cI con I a boyclana Is listed In Appendix I. x726 Eudoclmus ruber Is listed In Appendix II. Hagedashla hagedash, \n\nLamprlbls rara and Threskiornls aethlopicus are listed In \n\nAppendix III for Ghana. x727 Anas aucklandlca aucklandlca and Anas aucklandlca chlorotls are \n\nIIsted In Appendix 11. x728 Cygnus columblanus Jankowskll Is listed In Appendix II. x729 Sarcoramphus papa Is listed In Appendix III for Honduras. - 69 -\n\nx730 The following species are listed In Appendix III : Crax \n\ndaubentonl and Crax pauxl for Colombia, Crax rubra for Colombia, \n\nCosta Rica, Guatemala and Honduras, Ortalls vetula for Guatemala \n\nand Honduras and Penelope purpurascens for Honduras. x731 Arborophlla brunneopectus and Arborophlla charitonll are listed \n\nIn Appendix III for Malaysia. x732 Cyrtonyx montezumae mearnsl (except the population of the USA) \n\nand Cyrtonyx montezumae montezumae are In Appendix II. x733 Lophura erythrophthalma and Lophura ignita are listed In Appendix \n\n111 for Malaysia. x734 The species Is listed In Appendix II but subspecies Grus \n\ncanadensis neslotes and Grus canadensis pulla are listed In \n\nAppend Ix I. x735 Galllcolumba luzonlca Is listed In Appendix II. x736 All species are listed In Appendix II except Pslttacula krameri \n\nwhich Is listed In Appendix III for Ghana and Melopslttacus \n\nundulatus and Nymphlcus hoi I and I eus which are not listed In the \n\nConvent Ion. x737 Tauraco corythalx Is listed In Appendix II. Corythaeola \n\ncrlstata, Crlnlfer plscator, Musophaga vlolacea and Tauraco \n\nmacrorhynchus are listed In Appendix III for Ghana. x738 Aceros narcondaml, Buceros blcornls, Buceros hydrocorax and \n\nBuceros rhinoceros are listed In Appendix II. x739 Ramphastos sulfuratus Is listed In Appendix III for Guatemala. x740 Ruplcola spp. Is listed In Appendix II. Cephalopterus ornatus \n\nand Cephalopterus pendullger are listed In Appendix III for \n\nCo I omb I a. X741 Pitta brachyura nympha and Pitta quajana are listed In Appendix II \n\nx742 Paroaria capltata and Paroaria coronata are listed In Appendix II, \n\nx743 Sphenodon punctatus Is listed In Appendix I. x744 All European populations except that of the Union of Soviet \n\nSocialist Republics are listed In Appendix I. x745 All species are listed In Appendix II but Arlocarpus agavoldes, \n\nAriocarpus scaphorostrus and Arlocarpus trlgonus are listed in \n\nAppend Ix I. - 70 -\n\n13. The symbol \"-\" followed by a number placed against the name of a \n\nspecies or higher taxon denotes that designated geographically \n\nseparate populations, species, groups of species or families of that \n\nspecies or taxon are excluded from the annex concerned as follows: \n\n-102 Populations of Bhutan, India, Nepal, Pakistan and of the \n\nterritory of the European Community \n\n-103 Population of the Union of Soviet Socialist Republics \n\n-104 Population of China \n\n-106 Population of the United States of America \n\n-107 - Chile: part of the population of Parlnacota Province, la. Region of Tarapac\u00e0; \n\n- Peru: populations of Pampa Galeras National Reserve and Nuclear \n\nZone, Pedregal, Oscconta and Sawacocha (Province of \n\nLucanas), Sals Plcotani (Province of Azangaro), Sals \n\nTupac Amaru (Province of Janln), and of Salinas Aguada \n\nBlanca National Reserve (Provinces of Arequlpa and \n\nCal Iloma) \n\n-111 Me Iops Ittacus undulatus and Nymph I eus hoi I and I eus \n\n-112 Population of the Congo subject to an annual export quota of 600 \n\n(In 1990, 1991 and 1992) \n\n-113 Populations of Botswana, Malawi, Mozambique, Zambia and Zimbabwe \n\nand populations of the following countries subject to the \n\nspecified annual export quotas: \n\n\f- 71 -\n\n1990 \n\n1991 \n\n1992 \n\n0 \n\n0 \n\n0 \n\n0 \n\n0 \n\n0 \n\n9370 \n\n8870 \n\n8870 \n\nCameroon \n\nCongo \n\nEthiopia \n\n(ranched skins: \n\n6500 \n\n6000 \n\n6000 \n\nI Ive hatchl Ings: \n\n2500 \n\n2500 \n\n2500 \n\nhunting trophies: \n\nlive adults: \n\n50 \n\n20 \n\n50 \n\n20 \n\n50 \n\n20 \n\ncurios from ranching: \n\n300 \n\n300 \n\n300) \n\nKenya \n\n5000 \n\n6000 \n\n8000 (skins and \n\nMadagascar \n\n0 \n\n2000 \n\n4000 (ranched \n\nspecimens \n\nderivatives only) \n\nonly) \n\nSoma 11 a \n\nSudan \n\n500 \n\n500 \n\n500 \n\n5040 \n\n0 \n\n0 \n\nUnited Republic of Tanzania \n\n1100 \n\n5100 \n\n(ranched specimens: \n\n0 \n\n4000 \n\nwild-taken specimens: \n\n1000 \n\n1000 \n\n6100 \n\n6000 \n\n0 \n\nhunting trophies: \n\n100 \n\n100 \n\n100) \n\n-114 Populations of Australia and Papua New Guinea and population of \n\nIndonesia subject to specified annual export quotas as follows: \n\n1990 \n\n1991 \n\n1822 \n\nTotal \n\n5000 \n\n6000 \n\n7500 \n\nRanched specimens \n\n2000 \n\n3000 \n\n5000 \n\nWild skins with belly \n\n-width of 10-18 Inches \n\n3000 \n\n3000 \n\n2500 \n\n-115 Population of the Congo but with a zero annual export quota \n\n-116 Population of Indonesia subject to specified annual export quotas \n\n(1990: 1250; 1991: 1500; 1992: 2500 Including 50X ranched \n\nspecimens) \n\n\f- 72 -\n\n-117 Population of Chile \n-118 All species that are not succulent \n-190 Species of the subfamily In Annex A, namely Nemos I a rourel and \n\nTangara fastuosa \n\n-191 Except LImon I urn bel IIdlfolIurn \n\n14. The symbol M+M followed by a number placed against the name of a \n\nspecies or higher taxon denotes that only designated geographically \n\nseparate populations, subspecies or species of that species or taxon \n\nare Included In the annex concerned, as follows: \n\n4201 Population of South America (populations outside South America \n\nare not Included in the annexes) \n\n4202 Populations of Bhutan, India, Nepal and Pakistan and the \n\nterritory of the European Community \n\n4203 Populations of Mexico and of the territory of the European \n\nCommunity \n\n4204 Populations of Cameroon and Nigeria \n\n4205 Population of Asia \n\n4206 Population of India \n\n4207 Populations of North and Central America \n\n4209 - Chile: part of the population of Parlnacota Province, la. Region of Tarapace; \n\n- Peru: populations of Pampa Galeras National Reserve and Nuclear \n\nZone, Pedregal, Oscconta and Sawacocha (Province of Lucanas), \n\nSals Plcotani (Province of Azangaro), Sais Tupac Amaru (Province \n\nof Jan In), and of Salinas Aguada Blanca National Reserve \n\n(Provinces of Arequlpa and Cal Noma) \n\n4211 Population of Mexico \n\n4212 Populations of Algeria, Burkina Paso, Cameroon, Central African \n\nRepublic, Chad, Mall, Mauritania, Morocco, Niger, Nigeria, Senegal \n\nand the Sudan \n\n4214 Population of Indonesia subject to specified annual export quotas \n\n(1990: 1250; 1991: 1500; 1992: 2500 Including 50% ranched \n\nspecimens) \n\n\f- 73 -\n\n4215 All species of New Zealand \n\n4216 Population of Chile \n\n4250 Population of the territory of the European Community \n\n15. The symbol \u2022-\" followed by a number placed against the name of a \n\nspecies or higher taxon denotes that the name of that species or taxon \n\nshall be Interpreted as follows: \n\n\u2022301 Includes family Tupalldae \n\n\u00ab302 Includes generic synonym Leontldeus \n\n\u2022303 Includes synonym Sagulnus geoffroyl \n\n\u00ab304 Includes synonym Cercoplthecus roloway \n\n\u00ab306 Includes synonym Co Iobus bad Ius rufomltratus \n\n\u00ab307 Includes generic synonym Sim I as \n\n\u00ab308 Includes generic synonym Mandril lus \n\n\u00ab309 Includes generic synonym Rhlnoplthecus \n\n\u00ab311 Includes synonym Prlodontes giganteus \n\n\u00ab316 includes generic synonym Fennecus \n\n\u00ab317 Also referenced as Ursus thlbetanus \n\n\u00ab318 Includes generic synonym Thai arctos \n\n\u00ab319 Also referenced as Aonyx mlcrodon or as Paraonyx microdon \n\n\u00ab320 Includes synonyms Lutra annectens, Lutra enudrls, Lutra Incarum and \n\nLutra platens I s \n\n\u00ab321 Includes synonym Eupleres major \n\n\u00ab322 Also referenced as Lynx caracal; Includes generic synonym Caracal \n\n-323 Also referenced as Lynx pardlnus or Fells lynx pardlna \n\n\u00ab324 Also referenced as Lynx rufus esculnapae \n\n\u00ab325 Includes synonyms Equus klang and Equus onager \n\n\u00ab326 Includes generic synonym Dama \n\n\u00ab327 Includes generic synonyms Axis and Hyelaphus \n\n\u00ab328 includes synonym Bos frontalis \n\n\u00ab329 Includes synonym Bos grunnlens \n\n\u00ab330 Includes generic synonym Nov I bos \n\n\u00ab331 Includes generic synonym Anoa \n-332 Includes synonym Oryx tao \n\u00ab333 Includes synonym Ovls arles ophlon \n\n\f- 74 -\n\n\u2022334 Also referenced as Anas platyrhynchos laysanensls \n\n\u2022336 Includes synonyms Faico pelegrInoldes and Faico baby Ion I eus \n\n\u2022337 Includes generic synonym Pip I le \n\n\u2022338 Includes generic synonym Mi tu \n\n\u2022339 Also Incorrectly referred to as Rhelnartia ocellata; \n\nincludes synonym Rhelnartia nlgrescens \n\n\u2022340 Also referenced as Eupodotls bengalens I s \n\n\u2022341 Often traded under the Incorrect designation Ara can Inde \n\n\u2022342 Includes generic synonym Cyclops Itta \n\n\u2022343 Formerly Included In genus Galllrex \n\n\u2022344 Also referenced as Mlmlzuku gurneyl \n\n\u2022345 Formerly Included In genus Ramphodon \n\n\u2022346 Also referenced as Muscicapa rueckl \n\n\u2022347 Formerly Included In genus Splnus \n\n\u2022348 Includes generic synonyms NI cor I a and Geoemyda (part) \n\n\u2022349 Also referenced In genus Testudo \n\n\u2022350 Formerly Included In Podocnemls spp. \u2022351 Includes AI 11gatorIdae, Crocodylldae and Gavialidae \n\n\u2022352 Formerly Included In Chamaeleo spp. \u2022353 Also referenced as Constrictor constrictor occidental Is \n\n\u2022354 Includes synonym Pseudoboa d oe I la \n\n\u2022355 Also referenced as Hydrodynastes glgas \n\n\u2022356 Includes generic synonym Megalobatrachus \n\n\u2022357 Sensu D'Abrera \n\n\u2022358 Also referenced In genus Dysnomla \n\n\u2022359 Includes generic synonym Proptera \n\n\u2022360 Also referenced In genus Caruncullna \n\n\u2022361 Includes generic synonym Mlcromya \n\n\u2022362 Includes generic synonym Papulna \n\n\u2022363 Also referenced as Podophyllum emodl \n\n\u2022364 Also referenced In genus Sclerocactus \n\n\u2022365 Also referenced In genus Echlnocactus \n\n\u2022366 Also referenced In genus Pachycereus \n\n\u2022367 Also referenced In genus Escobar la \n\u2022368 Also referenced as Echlnocereus llndsayl \n\n\u2022369 Also referenced as Wilcox la schmollll \n\n\f- 75 -\n\n\u2022370 Also referenced In genus Neolloydia or In genus Sclerocactus \n\n\u2022371 Also referenced as Sollsla pectlnata \n\n\u2022372 Also referenced as Lobe Ira macdouga 1111 \n\n\u2022373 Also referenced In genus Neolloydia \n\n\u2022374 Also referenced as Saussurea lappa \n\n\u2022375 Also referenced as Engelhard I a pterocarpa \n\n\u2022376 Includes families Apostasiaceae and Cyprlpedlaceae as subfamilies \n\nApostasloldeae and Cyprlpedloldeae \n\n\u2022377 Also referenced as Lycaste virginal Is var. alba \n\n\u2022378 Also referenced as Sarracenla rubra alabamensls \n\n\u2022379 Also referenced as Sarracenla rubra Jones 11 \n\n\u2022380 Includes synonym Stangerla paradoxa \n\n\u2022381 Includes synonym Welwltschla balneal I \n\n\u2022385 Includes generic synonym Coendou \n\n\u2022386 Includes generic synonym Cunlculus \n\n\u2022387 Includes synonym Vu I pes vu I pes leucopus \n\n\u2022388 Includes synonym Nasua narlca \n\n\u2022389 Includes synonym Gal let Is allamandl \n\n\u2022390 Includes synonym Martes gwatklnsl \n\n\u2022391 Includes generic synonym Viverra \n\n\u2022392 Also referenced as Tragelaphus eurycerus; \n\nIncludes generic synonym Taurotragus \n\n\u2022393 Formerly Included as Bubalus bubal Is (domesticated form) \n\n\u2022394 Also referenced as Ardeola Ibis \n\n\u2022395 Also referenced as Egretta alba \n\n\u2022396 Also referenced as Spatula clypeata \n\n\u2022397 Also referenced as Nyroca nyroca \n\n\u2022398 Includes synonym Dendrocygna fulva \n\n\u2022399 Also referenced a Calrlna hartlaubll \n\n\u2022402 Also referenced as Turturoena I rid I torques or Columba ma I herb 11 \n\n(In part) \n\n\u2022403 Also referenced as Columba mayerl \n\n\u2022404 Also referenced as Treron austral Is (In part) \n\n\u2022405 Also referenced as Calope I la brehmerl; \n\nIncludes synonym CalopeI la pue I la \n\n\f- 76 -\n\n\u2022406 Also referenced as Tympan I stria tympan I stria \n\n\u2022407 Also referenced as Terpslphone bourbonnensis \n\n\u2022408 Also referenced as Estrllda subfiava or Sporaeginthus subflavus \n\n\u2022409 Also referenced as Estrllda larvata; \n\nIncludes synonym Lagonostlcta vlnacea \n\n\u2022410 Includes generic synonym Spermestes \n\n\u2022411 Also referenced as Euodlce cantans \n\n\u2022412 Also referenced as Hypargos nltldulus \n\n\u2022413 Includes synonym Parmoptlla rubrlfrons \n\n\u2022414 Includes synonyms Pyrenestes fromml and Pyrenestes rothschlidl \n\n\u2022415 Also referenced as Estrllda bengala \n\n\u2022416 Includes synonym Bubal o m is nlger \n\n\u2022417 Also referenced as Euplectes afra \n\n\u2022418 Also referenced as Coiluspasser ardens \n\n\u2022419 Also referenced as Coiluspasser macrourus \n\n\u2022420 Includes synonym Euplectes franciscanus \n\n\u2022421 Also referenced as Anaplectes melanotls \n\n\u2022422 Includes synonyms Passer dlffusus, Passer gongonensls, Passer \n\nsuahellcus and Passer swalnsonli \n\n\u2022423 Includes synonym Ploceus nlgrlceps \n\n\u2022424 Includes synonym Ploceus atrogularls \n\n\u2022425 Also referenced as Sltagra luteola \n\n\u2022426 Also referenced as Sltagra melanocephala \n\n\u2022427 Includes synonyms Ploceus katangae, Ploceus relchardi, Ploceus \n\nruweti and Ploceus vite Minus \n\n>428 Also referenced as Hypochera chalybeate; \n\nIncludes synonyms Vidua amauropteryx. Vidua centralis, Vidua \n\nneumannl. Vidua okavangoensI s and Vidua Ultramar Ina \n\n\u2022429 Includes synonym Vidua oriental Is \n\n\u2022430 Also referenced as Peluslos subnlger \n\n\u2022431 Formerly Included in genus Natrlx \n\n\u2022480 Also referenced as Phaeornls obscurus I ana Iens is \n\n\u2022481 Also referenced as Phaeornls obscurus myadestlnus \n\n\u2022482 Also referenced as Loxla curvlrostra scotlca \n\n\u2022483 Also referenced as Varanus gray I \n\n\u2022484 Also referenced as Chlorophora excelsa \n\n\f- 77 -\n\n16. The symbol \"'\" followed by a number placed against the name of a species \n\nor higher taxon shall be Interpreted as follows : \n\n'501 For the exclusive purpose of allowing International trade In cloth \n\nmade from wool sheared from live vicunas of the populations \n\nIncluded In Annex B (see 4209), and of the Items made thereof. The reverse side of the cloth must bear the logotype adopted by \n\nthe range states of the species, which are signatories to the \n\nConvenlo para la conservaclon y Mane Jo de la Vicuna, and the \n\nselvages either the words VICU ANDES-CHILE or the words VICU \n\nANDES-PERU, depending on the country of origin. '502 Fossils are not subject to CITES provisions. '520 All specimens of Cystophora cristate are Included In Annex B \nexcept skins of young animals In the phase of pelage where they \nare known as \"bluebacks\". Only blueback skins are Included in \nAnnex A. '521 All specimens of Phoca groenlandlca are Included In Annex B except \n\nskins of young animals In the phase of pelage where they are known \n\nas \"whltecoats\". Only whltecoat skins are Included in Annex A. '522 \n\nAll specimens are Included In Annex C except plant seeds, spores, \n\npollen (Including poll in I a), tissue cultures and fI asked seedling \n\ncultures. 17. The symbol (\u2022) followed by a number placed against the name of a species \n\nof higher taxon Included In Annex B Indicates that. In relation thereto, \n\nthe only parts and derivatives considered as specimens for the purposes \n\nof this Regulation are those designated as follows : \n\n\u20221 \n\nDesignates all parts and derivatives, except : \n\na) seeds, spores and pollen (Including polllnla); and \n\nb) tissue cultures and fI asked seedling cultures \n\n\f- 78 -\n\n\u20222 \n\nDesignates all parts and derivatives except : \n\na) seeds and polI en; \n\nb) tissue cultures and fI asked seedling cultures; and \n\nc) chemical derivatives \n\n\u20223 \n\nDesignates roots and readily recognizable parts thereof \n\n\u20224 \n\nDesignates all parts and derivatives, except : \n\na) seeds and polIen; \n\nb) tissue cultures and ftasked seedling cultures; \n\nc) fruits and parts and derivatives thereof of naturalised or \n\nartificially propagated plants; and \n\nd) separate stem Joints (pads) and parts and derivatives thereof \n\nof naturalized or artificially propagated Opuntia subgenus \n\nOpuntia spp. \u20225 \n\nDesignates all parts and derivatives, except : \n\na) seeds and polI en; \n\nb) tissue cultures and fI asked seedling cultures; and \n\nc) separate \n\nleaves and parts and derivatives thereof of \n\nnaturalized or artificially propagated Aloe vera \n\n\u00ab6 \n\nDesignates all parts and derivatives except : \n\na) seeds and pollen (Including pollinia); \n\nb) tissue cultures and ftasked seedling cultures; \n\nc) cut flowers of artificially propagated plants; and \n\nd) fruits and parts and derivatives thereof of artificially \n\npropagated Vanilla spp. - 79 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nFAUNA \n\nMAMMALIA \n\nMONOTREMATA \n\nTachyglossldae \n\nZaglossus spp. (II) \n\nMARSUPIAL IA \n\nOasyurldae \n\nSilnthopsis longIcaudata (I) \nSilnthopsis psaaaophlla (I) \n\nMyraecobildae \n\nMyriecoblus fasclatus \n\nThylac InIdae \n\nThyiacinus cynocephalus p. e. (I) \n\nPeraie IIdae \n\nChaeropus ecaudatus p. e. (I) \nPeraie les bougalnvllle (I) \nPeraeeles gunnll \n\nThylacoayldae \n\nMacrotls lagotls (I) \nMacrotls leucura (I) \n\nPhaIangerIdae \n\nPhalanger lulluiae \n\nBurraayIdae \n\nVoabatldae \n\nLas lorn Inus krefftll (I) \n\nPhaIanger aaculatus (II) \nPhalanger oriental Is (II) \n\nBurraays parvus (II) \n\n\f- 80 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nMacropodldae \n\nMacropodldae spp. * x701 \n\nBettongla spp. (I) \nCalopryanus caipestrls p. e. Lagorchestes hlrsutus (I) \nLagostrophus fasclatus (I) \nOnychogalea fraenata (I) \nOnychogalea Iunata (t) \n\n(I) \n\nIHSECTIVORA \n\nSolenodontldae \n\nSolenodon cubanus \nSolenodon paradoxus \n\nErlnaceidae \n\nErlnaceus alglrua \n\nSorlcldae \n\nCrocIdura canariensIs \n\nTaIpIdae \n\nGaleays pyrenalcus \n\nCHIROPTERA \n\nPteropodidae \n\nPteropus Insular Is (I) \nPteropus livingstone I \nPteropus aar(annus (I) \nPteropus aoIossInus (I) \nPteropus phaeocephalus (I) \nPteropus pliosus (I) \nPteropus rodrteens Is \nPteropus saaoensls(l) \nPteropus tonganus (I) \nPteropus voeltzkowl \n\nAcerodon spp. (II) \nPteralopex spp. Pteropus spp. * (II) \n\n\f81 -\n\nAnnex B \n\nAnnex C \n\nVaapyrops I meatus (III, UY) \n\nRhlnolophldae \n\nPhyllostoaldae \n\nVespertlIlonldae \n\nAnnex A \n\nRhino tophus blast I \nRhlnolophus euryale \nRhino tophus ferruiequlnua \nRhlnolophus hlpposlderos \nRhlnolophus aehelyl \n\nBarbastella barbastellus \nEpteslcus nllssonl \nEpteslcus serotinus \nMlnlopterus schrelbersl \nMyotls bechstelnl \nMyotla blythll \nMyotls brandtl \nMyotla capacclnll \nMyotls dasycneee \nMyotls daubentonl \nMyotls eaarglnatu8 \nMyotls ayotls \nMyotls aystaclnus \nMyotls nattererl \nNyctalus I as Iopterus \nNyctalus le Is 1er I \nNyctalus noctula \nPlplstrellus kuhlll \nPIplstreI lus aaderensls \nPlplstrellus nathus 11 \nPlplstrellus plplstrellus \nPIplstreI lus savll \nPlecotus aurltus \nPlecotus austrlacus \nVespertlIlo aurlnus \n\nMo IossIdae \n\nTadarlda tenlotIs \n\n\f- 82 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nPRIMATES \n\nPRIMATES spp. \u2022 -301 (II) \n\nLeaurldae \n\nLeaurldae spp. (I) \n\nChelrogaleldae \n\nChelrogaleldae spp. (I) \n\nIndrlldae \n\nIndrlldae spp. (I) \n\nDaubenton IIdae \n\nOaubentonla aadagascarlensls (I) \n\nLor isIdae \n\nNyctlcebus pygaaeus (II) \n\nTarsiIdae \n\nTar8lu8 puai lus (II) \nTars lus syrlchta (II) \n\nCalllthrlcldae \n\nCalllthrlx huaerallfer (II) \nCaliithrlx Jacchus aurlta (I) \nCalllthrlx Jacchus flavlceps (I) \nLeontoplthecus spp. -302 (I) \nSagulnus blcolor (I) \nSagulnus leucopus (I) \nSagulnus oedlpus -303 (I) \n\nCat I la IconIdae \n\nCalllalco goeldll (I) \n\nCebldae \n\nAlouatta pa 11 lata (I) \nAteIes spp. x702 \nBrachyteles arachno\u00efdes (I) \nCacajao spp. (I) \nCalllcebus personatus (II) \nChlropotes alblnasus (I) \nLagothrix spp. x703 \nSa I at I r I oerstedll (I) \n\nCercoplthecldae \n\nAllenoplthecus nlgrovlrldls (II) \nCercocebus ga1er Itus x704 \nCercoplthecus dlana -304 (I) \n\n\f- 83 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCercoplthecus solatus (II) \nCo Iobus pennant 11 x705 \nCoIobus preussl (II) \nCo Iobus rufoBltratus -306 (I) \nCoIobus satanas (II) \nMacaca silenus (I) \nNasal Is spp. -307 (I) \nPaplo leucophaeus -308 \nPaplo sphinx -308 (I) \nPresbytls enteI lus (1) \nPresbytls franco Is I (II) \nPresbytls gee I (I) \nPresbytls John 11 (II) \nPresbytls plleata (I) \nPresbytls potenzlanl (I) \nPygathrlx spp. -309 (I) \n\n(I) \n\nHylobatldae \n\nHylobatldae spp. (I) \n\nPongIdae \n\nEDENTATA \n\nMyraecophagldae \n\nBradypodldae \n\nCholoepldae \n\nDasypodldae \n\nPHOLIDOTA \n\nManIdae \n\nPongIdae spp. (I) \n\nBradypus torquatus \n\nPriodontes aaxlaus -311 \n\nMyraecophagldae spp. x706 \n\nBradypodldae spp. * x707 \n\nCholoepldae spp. x708 \n\nDasypodldae spp. * x709 -\n\nManls teiBlnckll (I) \n\nManls spp. * x710 \n\n\fAnnex A \n\n84 -\n\nAnnex B \n\nAnnex C \n\nLAGOMORPHA \n\nLeporldae \n\nROOENTIA \n\nGIIrIdae \n\nCaprolagus h IspIdus (I) \n\nRoaerolagus dlazl (I) \n\nDryoays nltedula \nMuscardlnus avellanarlus \nMyoalaus roach I \n\nSclurldae \n\nCynoays aexlcanus (I) \n\nRatufa Indlca (II) \nSclurus anoaalus \n\nSperaophllus citeI lus \n\nCastor fiber \n\nCastorIdae \n\nAnoBalurldae \n\nLepus capons Is \nLepus tlaldus \n\nRatufa spp. * (II) \n\nCastor canadensis \n\nCrIcetIdae \n\nCrIcetus crlcetus \n\nArvlcolldae \n\nMlcrotus cabrerae \nMlcrotus oeconoaus arenlcola \n\nOndatra zIboth Ieus \n\nEplxerus ebll (III. GH) \nMaraota caudate (111, IN) \nMaraota hlaalayana (III, IN) \n\nSclurus deppel (III, CR) \n\nAnoaalurus beecroftl (III, GH) \nAnoaalurus derblanus (III, GH) \nAnoialurus pell (III, GH) \nIdlurus aacrotls (III, GH) \n\n\fAnnex A \n\n- 85 -\n\nAnnex B \n\nAnnex C \n\nMurIdae \n\nLeporlllus condltor (I) \nPseudoays praeconls (I) \nXeroays ayoldes (I) \nZyzoays pedunculatus (I) \n\nZapodldae \n\nSlclsta be tu Una \n\nHystrlcldae \n\nHystrlx crlstata (III, GH) \n\nErethlzontldae \n\nAgoutldae \n\nDasyproctldae \n\nChlnchl11Idae \n\nChinchilla spp. +201 (I) \n\nCaproayldae \n\nCaproaya spp. CETACEA spp. X711 \n\nCETACEA \n\nCARNIVORA \n\nCanIdae \n\nCanIs lupus** +202 x712 \nCan I s rufus \nCanls sIaensIs \nChrysocyon brachyurus (II) \nCuon alplnus (II) \n\nLycaon pIctus \nSpeothos venatlcus (I) \n\nSphlggurus aexicanus -385 (III, HN) \nSphlggurus splnosus -385 (III, UY) \n\nAgouti paoa -388 (III, HN) \n\nDasyprocta punctata (III, HN) \n\nCanls aureus (III, IN) \nCanls latrans \nCanls lupus* -102 (II) \n\nDuslcyon spp. x713 \n\nUrocyon spp. Vulpes bengalens Is (III, IN) \n\n\f- 86 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nVulpes cana (II) \n\nVulpes zerda -316 (II) \n\nVulpes vulpes griffIthl (III, IN) \nVulpes vulpes aontana (III, IN) \nVulpes vulpes pus Ilia -387 (III, IN) \n\nUrsldae \n\nProcyonldae \n\nAlluropoda aelanoleuca (I) \nHelarctos Balayanus (I) \nMelursus urslnus (I) \nSelenarctos thlbetanus -317 (I) \nTreaarctos ornatus (I) \n\nUrsus arctos** +203 x714 \nUrsus arctos Isabel IInus (I) \nUrsus arctos prulnosus (I) \n\nMustelldae \n\nAonyx conglca** -319 +204 (I) \n\nEnhydra lutrls nereis (I) \n\nGulo gulo \n\nLutra fellna (I) \nLutra longlcaudls -320 (I) \nLutra lutra (I) \nLutra provocax (I) \n\nUrsus aierlcanus (III, CA) \nUrsus arctos* -103 (II) \n\nUrsus aarltlaus -318 (II) \n\nAllurus fulgens (II) \n\nProcyon lotor \n\nConepatus huiboldtll (II) \n\nLutrlnae spp. * (II) \n\nMartes aiericana \n\nBassarlcyon gabbll (III, CR) \nBassarlscus sualchrastl (III, CR) \nNasua nasua -388 (III, HN) \nNasua nasua sol I tar Ia (III, UY) \nPotos flavus (III, HN) \n\nElra barbara (III, HN) \n\nGal let Is vlttata -389 (III, CR) \n\n\fAnnex A \n\n87 -\n\nAnnex B \n\nMartes aartes \nMartes pennant I \nMartes zlbelllna \n\nMustela eralnea (III, IN) \n\nMustela putor lus \n\nTax Idea taxus \n\nCryptoprocta ferox (II) \n\nGenetta genetta \nHeal galus derbyanus (II) \n\nMustela lutreola \nMustela nlgrlpes (I) \n\nPteronura br\u00e9siliens Is (I) \n\nCynogale bennettll (II) \nEupleres goudotll -321 (II) \nFossa fossa (II) \n\nLiber I let Is kuhnl \n\nPrlonodon llnsang (II) \nPrlonodon pardlcolor (I) \n\nVlverrldae \n\nHerpestldae \n\nAnnex C \n\nMartes flavlgula -390 (III, IN) \nMartes foina Intermedia (III, IN) \n\nMe 11 Ivora capensls (III. BN. GH) \nMustela altalca (III, IN) \n\nMustela kathlah (III. IN) \n\nMustela slblrlca (III, IN) \n\nArctlctls blnturong (III, IN) \nClvettlctls civetta -391 (III. BN) \n\nPaguaa larvata (III. IN) \nParadoxurus heraaphroditus (III. IN) \nParadoxurus Jerdonl (III. IN) \n\nVlverra aegasplla (III. IN) \nVlverra zlbetha (III, IN) \nVlverricula Indice (III. IN) \n\nHerpestes auropunctatus (III, IN) \nHerpestes ednardsI (III. IN) \n\n\fAnnex A \n\n88 -\n\nAnnex B \n\nHerpestes Ichneuaon \n\nProtelldae \n\nHyaenldae \n\nHyaena brunnea (I) \n\nFel Idae \n\nFelIdae spp. * (II) \n\nAnnex C \n\nHerpestes fuscus (III, IN) \n\nHerpestes salthll (III, IN) \nHerpestes urva (III, IN) \nHerpestes vlttlcollls (III. IN) \n\nProteles cr(status (III. BN) \n\nAclnonyx Jubatus (I) \nFells badla (II) \nFells bengalen8ls bengalensls** -104 (I) \nFells caracal** +205 -322 (I) \nFells concolor coryl (I) \nFells concolor costarlcensls (I) \nFells concolor cougar (I) \nFells geoffroyl (II) \nFella irloBotenala (II) \nFells Jacob I ta (I) \nFells lynx** +250 (II) \nFells aaraorata (I) \nFells nlgripes (I) \nFells pardalIs (I) \nFells pardlna -323 (I) \nFells planlceps (I) \nFells rublglnosa** +206 (I) \nFells rufa esculnapae -324 (I) \nFells sllvestrls (II) \nFells teBBlnckl (I) \nFells tlgrlna (I) \nFells Nledll (I) \nFells yagouaroundl** +207 (I) \nNeofells nebulosa (I) \nPanthera leo pers lea (I) \nPanthera onca (I) \nPanthera pardus (I) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 89 -\n\nPanthera tlgrls (I) \nPanthera une Ia (I) \n\nArctocephalus phlllppll (II) \nArctocephalus townsendl (I) \nEuaetoplas Jubatus \n\nPINNIPEDIA \n\nOtarlldae \n\nOdobenldae \n\nPhocldae \n\nCystophora cristate *520 \n\nMonachus spp. (I) \nPhoca groenlandica *521 \n\nTUBULIDENTATA \n\nOrycteropodldae \n\nPROBOSCIDEA \n\nElephantIdae \n\nSIRENIA \n\nElephas aaxlaus (I) \nLoxodonta africana (I) \n\nDugongIdae \n\nDugong dugon x715 \n\nArctocephalus spp. * (II) \n\nNeophoca clnerea \nPhocarctos hooker I \n\nOdobenus rosearus (III. CA) \n\nCystophora crlstata *520 \nErlgnathus barbatus \nHallchoerus grypus \nMIrounga spp. (II) \n\nPhoca groenlandica *521 \nPhoca hlsplda \nPhoca v I tu Una \n\nOrycteropus afer (II) \n\n\f- 90 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nTrIchechIdae \n\nTrIchechIdae spp. x716 \n\nPERISSODACTYLA \n\nEquldae \n\nEquus afrlcanus (I) \nEquus grevyl (I) \nEquus heal onus -325 x717 \nEquus przewalskll (I) \n\nEquus zebra zebra (I) \n\nTapirIdae \n\nTapirIdae spp. ** (I) \n\nRhlnocerotldae \n\nRhlnocerotldae spp. (I) \n\nARTIODACTYLA \n\nSuIdae \n\nTayassuldae \n\nBabyrousa babyrusaa (I) \nSus sa Ivan Ius (I) \n\nCatagonus wagnerl (I) \n\nHlppopotaaldae \n\nChoeropsls liber lens Is (II) \n\nCaaelldae \n\nTragulldae \n\nCervldae \n\nVicugna vicugna -107 \u2022\u2022 (I) \n\nBlastocerus dlchotoaus (I) \nCervus daaa aesopotaalcus -326 (I) \nCervus duvauceli (I) \n\nEquus zebra hartaannae (II) \n\nTaplrus terrestris (II) \n\nTayassuldae spp. * -106 (II) \n\nHippopotaaus aaphlblus (III. GH) \n\nLaaa guanlcoe (II) \nVicugna vicugna* +209 *501 (II) \n\nHyeaoschus aquat1eus (III, GH) \n\nCervus eiaphus bactrlanus (II) \n\nCervus eiaphus barbarus (III, TN) \n\n\f- 91 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCervus eiaphus corslcanus \nCervus eiaphus hang lu (I) \nCervus eld I (I) \nCervus poreInus annaaUlcus -327 (I) \nCervus poreInus calaalanensls -327 (I) \nCervus porclnus kuhll -327 (I) \nHlppocaaelus spp. (I) \n\nMoschus spp. x718 \nMuntlacus crlnlfrons (I) \nMuntlacus feal \n\nOzotoceros bezoartlcus (I) \n\nPudu pudu (I) \n\nBovldae \n\nAddax nasoaaculatus (I) \n\nAntllocapra aaerlcana aexlcana (II) \nAntllocapra aaerlcana pen Insular I s (I) \nAntllocapra aaerlcana sonorlensls (I) \n\nBison bison athabascae (I) \n\nBos gaurus -328 (1) \n\nBos autus -329 (I) \nBos sauve 11 -330 (I) \n\nBubalus depress Icorn I s -331 (I) \nBubalus alndorensls -331 (I) \nBubalus quarlesl -331 (I) \n\nCapra aegagrus \nCapra falconer I x719 \n\nPudu aephIstoph11es (II) \n\nAaaodorcas Clarke I \nABBOtragus lervla (II) \nAntllocapra aaerlcana* \n\nBos Javanlcus \n\nBudorcas taxicolor (II) \n\nMazaaa aaerlcana ceraslna (III. GT) \n\nOdocolleus vlrglnlanus aayensls (III. GT) \n\nAntilope cervlcapra (III. NP) \n\nBoocercus eurycerus -392 (III. GH) \n\nBubalus arnee -393 (III. NP) \n\n\f92 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCapra pyrenalca pyrenalca \nCapricorn Is suaatraensls (I) \n\nCephalophus Jentlnkl (I) \n\nGazella daaa (I) \n\nHlppotragus nlger variant (I) \n\nNeaorhaedus goral (I) \nOryx daaaah -332 (I) \nOryx leucoryx (I) \n\nOvIs aaaon hodgsonl (I) \n\nOvIs Buslaon \nOvIs oriental Is ophion -333 (I) \nOvIs vlgnel (I) \nPantholops hodgsonl (I) \n\nRuplcapra ruplcapra balean lea \nRuplcapra ruplcapra ornata (I) \n\nCapra Ibex \nCapra pyrenalca * \n\nCephalophus spp. * x720 \n\nDaaallscus dorcas dorcas (II) \nOaaallscus hunter I \n\nGazella spp. * x721 \n\nHealtragus spp. Hlppotragus equInus (II) \n\nKobus leche (II) \n\nOvIs aaaon* (II) \n\nOvIs canadensis +211 (II) \n\nRuplcapra ruplcapra* \n\nTragelaphus buxtonl \n\nDaaallscus lunatus (III. GH) \n\nTetracerus quadrlcornis (III. NP) \n\nTragelaphus spekel (III. GH) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 93 -\n\nAVES \n\nSTRUTHIONIFORMES \n\nStruthIonIdae \n\nStruthlo caaelus +212 (I) \n\nRHEIFORMES \n\nRheldae \n\nPterocneala pennata (I) \n\nRhea aaerlcana x722 \n\nCasuarlldae spp. Tlnaaus sol I tar lus (I) \n\nRhynchotus rufescens x723 \n\nSpheniscus huaboldtl (I) \n\nSpheniscus deaersus (II) \n\nCASUARIIFORMES \n\nCasuarlldae \n\nTINAMIFORMES \n\nTinaaIdae \n\nSPHENISCIFORMES \n\nSphenlscldae \n\n6AVI IFORMES \n\nGavlldae \n\nGavlldae spp. PODICIPEDIFORMES \n\nPodIclpedIdae \n\nPodlceps auritus \nPodlceps crIstatus \nPodlceps grlsegena \n\nPodlceps nlgrlcollls \n\nPodlceps najor \n\n\f- 94 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nPodllyabus glgas (I) \n\nTachybaptus ruflcollls \n\nDloaedea albatrus (I) \nDIoaedea aesterdaaensIs \n\nBulwerla bulwerll \nCalonectrls dloaedea \n\nFulaarus glacial Is \n\nPterodroaa aollls feae \nPterodroaa aollls aadelra \nPuffInus asslallls \nPuff Inus gravis \nPuffInus grlseus \nPuffInus puffInus \n\nHydrobates pelagieus \nOceanodroaa castro \nOceanodroaa leucorhoa \n\nOcean I tes ocean Ieus \nPelagodroaa aarlna \n\nPelecanus crlspus (I) \n\nPROCELL ARM FORMES \n\nDloaedeldae \n\nProcellarlIdae \n\nHydrobatldae \n\nPELECANIFORMES \n\nPhaethontldae \n\nPelecanldae \n\nPod 11y\u00abbus podlceps \n\nDloaedea exulans \nDloaedea aelanophrls \n\nDaptlon capense \n\nPterodroaa hasltata \n\nOceanodroaa aonorhls \n\nPhaethon aethereus \n\nPelecanldae spp. * \n\n\f- 95 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nPelecanus onocrotalus \nPelecanus phi IIppensls \n\nSu IIdae \n\nMorus bassanus \nSula abbottl (I) \n\nPhalacrocoracIdae \n\nHalletor pygaeus \nPhalacrocorax arlstotells \nPhalacrocorax carbo \n\nFregatldae \n\nFregata andrewsl (I) \n\nCICON 11FORMES \n\nArdeldae \n\nArdea clnerea \n\nArdea huablotl \nArdea laper la I Is \nArdea purpurea \n\nArdeola ra Ho Ides \n\nBotaurus stellar Is \nBubulcus Ibis -394 (III. GH) \n\nCasaerodlus albus -395 (III. GH) \nEgretta eulophotes \nEgretta garzetta (III. GH) \n\nGorsachlus go IsagI \n\nSula dactylatra \nSu Ia leucogaster \n\nFregata aagnIf Icons \n\nAgaala agaal \n\nArdea herodlas \n\nArdea suaatrana \nArdeola Idae \n\nBotaurus lentlglnosus \n\nButor Ides strlatus \n\nEgretta gularls \nEgretta thuia \n\nArdea got lath (III. GH) \n\n\f- 96 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nGorsachlus aagnlflcus \n\nIxobrychus a Inutus \n\nNyctlcorax nyctlcorax \n\nBataenlcIpItIdae \n\nBalaenlceps rex (II) \n\nScopIdae \n\nC Icon IIdae \n\nCIcon la cIcon la x725 \nClconla nigra (II) \nCIcon Ia eplscopus store I \nJablru aycterla (I) \nLeptoptllos dub Ius \nLeptoptllos Javanlcus \nMycteria clnerea (I) \n\nGorsachlus aelanolophus \nHydranassa caerulea \nHydranassa tricolor \nHydranassa vlnacelgula \nIxobrychus eurhythaus \nIxobrychus exllls \n\nIxobrychus sturalI \n\nTlgrlsoaa fasclatua \nZebrllus undulatus \n\nScopus uabretta \n\nCIcon IIdae spp. * x724 \n\nThresklornlthldae \n\nThresklornlthldae spp. * x726 \n\nGerontlcus calvus (II) \nGerontlcus erealta (I) \nNippon la nippon (I) \nPlatalea leucorodla (II) \nPlatalea alnor \nPlegadls falclnellus \nThauaatlbls glgantea \n\nPhoenIcopterIdae \n\nPhoenIcopterIdae spp. * (II) \n\n\f- 97 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nPhoenlcopterus ruber (II) \n\nAlopochen aegyptlacus (III, GH) \n\nAnas capensls (III, GH) \n\nANSERIFORMES \n\nAnn laIdae \n\nAnatldae \n\nChauna chavarla \n\nAlx sponsa \n\nAnas acuta (III, GH) \n\nAnas aucklandlca* x727 \n\nAnas bernlerl (II) \n\nAnas elypeata -396 (III, GH) \nAnas crecca (III, GH) \n\nAnas foraosa \n\nAnas pane lope (III, GH) \nAnas platyrhynchos \nAnas querquedula (III, GH) \n\nAnas strep\u00e9ra \nAnser alblfrons \nAnser anser \n\nAnser faballs \nAythya affinis \nAythya baerl \n\nAythya ferlna \nAythya fullgula \n\nAnas aaerlcana \n\nAnas aucklandlca neslotis (I) \n\nAnas discors \n\nAnas laysanensls -334 (I) \nAnas oustaletl (I) \n\nAnas rubrlpes \n\nAnser caerulescens \nAnser erythropus \n\nAythya col 1er is \n\nAythya Innotata \n\n\f- 98 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nAythya nyroca -397 (III, GH) \n\nBranta canadensis leucoparela (I) \nBranta leucopsls \nBranta ruflcollls (II) \nBranta sandvlcensls (I) \n\nCalrlna scutulata (I) \n\nCygnus coluablanus ben Ick11 \nCygnus cygnus \n\nMaraaronetta angustlrostrls \n\nMe Ian Itta persplclI lata \nMergus a Ibe I lus \n\nAythya mari la \n\nBranta bernlcla \nBranta canadensis* \n\nBucephala albeola \nBucephala clanguia \nBucephala Is land lea \n\nClangula hyeaalls \nCoscoroba coscoroba (II) \nCygnus coluablanus* x728 \n\nCygnus aelanocoryphus (II) \nCygnus olor \nDendrocygna arborea (II) \n\nCalrlna aoschata (III. HN) \n\nDendrocygna blcolor -398 (III, GH, HN) \nDendrocygna vlduata (III, GH) \nHistrionlcus hlstrlonlcus \nHyaenolalaus aalacorhynchus \n\nDendrocygna autuanalls (III. HN) \n\nMe Ian Itta fusca \nMe Ian Itta nigra \n\nMergus cucullatus \nMergus aerganser \nMergus octosetaceus \nMergus serrator \nMergus squamatus \nNeochen Jubatus \n\n\f- 99 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nNettapus aurltus (III. GH) \n\nPlectropterus gaabensls (III. GH) \n\nPteronetta hartlaubll -399 (III, GH) \n\nOxyura leucocephala (II) \n\nRhodonessa caryophyllacea p. e. (l) \n\nSoaaterla spectablI Is \nTadorna cristate \nTadorna ferruglnea \nTadorna tadorna \n\nFALCONIFORMES \n\nCathartldae \n\nGyanogyps calIfornlanus (I) \nVultur gryphus (I) \n\nPandIonIdae \n\nPandIon hallaetus (II) \n\nNetta ruflna \n\nPolystlcta stel1er I \n\nSarkldlornls aelanotos (II) \nSoaaterla nolllsslaa \n\nCathartldae spp. * x729 \n\nAcclpltrldae \n\nAcclpltrldae spp. * (II) \n\nAceIpIter brevlpes (II) \nAceIpIter gentil Is (II) \nAceIpIter nlsus (II) \nAegyplus aonachus (II) \nAqulla chrysaetos (II) \nAqulla clanga (II) \nAqulla hellaca (I) \nAqulla poaarlna (II) \nButeo buteo (II) \nButeo galapagoensls (II) \nButeo rldgwayl (II) \nButeo ruflnus (II) \nButeo lagopus (II) \nChondrohlerax unclnatus wlIson 11 (I) \n\n\f- 100 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nClrcaetus gal Ileus (II) \nCircus aeruglnosus (II) \nCircus cyaneus (II) \nCircus aacrourus (II) \nCircus pygargus (II) \nElanus caeruleus (II) \nEutrlorchls astur (II) \nGypaetus barbatus (II) \nGyps fulvus (II) \nHallaeetus alblcllla (I) \nHallaeetus leucocephalus (I) \nHallaeetus pelagieus (II) \nHallaeetus sanfordl (II) \nHallaeetus voclferoldes (II) \nHarp la harpyja (I) \nHenlcopernls Infuscata (II) \nHleraaetus fasclatus (II) \nHleraaetus pennatus (II) \nLeucopternls lacernulata (II) \nLeucopternls occidental Is (II) \nMl Ivus a Igrans (II) \nMlIvus allvus (II) \nNeophron percnopterus (II) \nPern Is aplvorus (II) \nPlthecophaga Jefferyl (I) \nSpllornls cheela klnabaluensls (II) \nSpllornls elglnl (II) \nSplzaetus bartelsl (II) \n\nSaglttarIIdae \n\nFa IconIdae \n\nSaglttarlIdae spp. (II) \n\nFa IconIdae spp. * (II) \n\nFaico araea (I) \nFaico bIaraIeus (II) \nFaico cherrug (II) \nFaico coluabarlus (II) \nFaico eleonorae (II) \n\n\f- 101 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nGALLIFORMES \n\nMegapodlldae \n\nCracIdae \n\nFaico Jugger (I) \nFaico nauaannl (II) \nFaico newton I aldabranus (I) \nFaico peregrlnus \u00ab336 (I) \nFaico punctatus (!) \nFaico rustIcolus (I) \nFaico subbuteo (II) \nFaico tlnnunculus (II) \nFaico vespertInus (II) \n\nMacrocephalon aaleo (I) \n\nAburrla Jacutlnga -337 (I) \nAburrla plplle plplle -337 (I) \nCrax albert I (III. CO) \nCrax bluaenbachll (I) \nCrax globulosa (III. CO) \nCrax altu altu -338 (I) \nOreophasis derblanus (I) \nOrtalIs erythroptera \nPenelope alblpennls (I) \nPenelope barbate \nPenelope dabbenel \nPenelope ochrogaster \nPeneloplna nigra (III, GT) \n\nMegapodlldae spp. * \n\nCracldae spp. * x730 \n\nPhaslanldae \n\nAgelastes aeleagrldes (III, GH) \n\nA lector Is chukar \n\nAfropavo congensls \n\nA lector Is barbara \n\nA lector Is graeca \n\nAgrlocharls ocellata (III, GT) \n\n\f- 102 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nArborophlla ardens \nArborophlla rufIpectus \n\nCatreus walllchll (I) \nColInus vlrglnlanus rldgwayl (I) \n\nCrossoptllon crossoptllon (I) \nCrossoptllon aantchurlCUB (I) \n\nFranco IInus franco IInus \n\nLophophorus spp. (I) \n\nLophura bulwerl \nLophura edwardsl (I) \nLophura hatlnhensls \nLophura laper la I Is (I) \nLophura swlnholl (I) \n\nOdontophorus strophlua \nOphrysa superclllosa \n\nCaioperdlx oculea (III. MY) \n\nA lector Is rufa \nArborophlla spp. 1 x731 \n\nArgus I anus argus (II) \nBonasa bonasla \n\nCoturnlx coturnlx \n\nCyrtonyx aontezuaae x732 \n\nGal lus sonneratll (II) \nIthaglnls cruentus (II) \nLagopus lagopus \nLagopus autus \n\nLophura spp. * x733 \n\nMelanoperdlx nigra (ill. MY) \n\nPavo autlcus (II) \nPerdlx perdlx \nPhaslanus coleh Ieus \nPolyplectron blcalcaratua (II) \n\n\f103 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nPolyplectron Inop Inatua (ill, MY) \n\nRhlzothera longlrostrls (III, MY) \nRollulus rouloul (III, MY) \n\nTragopan sstyre (III, NP) \n\nPolyplectron enphanua (I) \n\nRhelnardla ocellata -339 (I) \n\nSyreatIeus elIloti (I) \nSyraatlcus hualae (I) \nSyraatlcus alkado (I) \n\nTetraogallU8 casplus (I) \nTetraogallus tlbetanus (I) \nTragopan blythll (I) \nTragopan cabotl (I) \nTragopan aelanocephalus (I) \n\nTyapanuchus cup Ido attwaterl (I) \n\nTurn Ix syIvat lea \n\nBugeranus carunculatus (II) \nGrus aaerlcana (I) \nGrus canadensis x734 \nGrus grus (II) \nGrus Japonensls (I) \n\nPolyplectron geraalni (II) \n\nPolyplectron aalacense (II) \n\nTetrao tetrlx \nTetrao urogallus \n\nMesltornlthldae spp. Turn Ix aelanogaster (II) \n\nPedlonoBus torquatus (II) \n\nGruldae spp. * (II) \n\nGRUIFORMES \n\nMes Itorn IthIdae \n\nTurn leIdae \n\nPedlonoaldae \n\nGruldae \n\n\f- 104 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nGrus leucogeranus (I) \nGrus aonacha (I) \nGrus nlgrlcollls (I) \nGrus vlplo (I) \n\nPsophlldae \n\nRailIdae \n\nCrex crex \n\nFullea crIstata \n\nNotornls aantelll \nPorphyrlo porphyrlo \n\nPorzana parva \nPorzana porzana \nPorzana pus Ilia \n\nTrlcholianas syivestrls (I) \n\nPsophlldae spp. Fullea aaerlcana \nFullea atra \n\nGal I Inula chloropus \nGal I Irai lus austral Is hector I (II) \nLlanocorax flavI rostra \n\nPorphyrula a I lent \nPorphyrula Bart Inlea \nPorzana Carolina \n\nRallus aquatlcus \n\nRhynochetldae \n\nRhynochetos Jubetus (I) \n\nOtIdIdae \n\nOtIdIdae spp. * (II) \n\nChlaaydotls undulata (I) \nChorlotls nlgrlceps (I) \nHoubaropsls bengalens Is -340 (I) \nOtis tarda (II) \nSypheotldes Indies (II) \nTetrax tetrax (ll) \n\n\f- 105 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nBurhlnus blstrlatus (III, GT) \n\nCHARADRI(FORMES \n\nHaeaatopodldae \n\nRecurvlrostrldae \n\nH leantopus h leantopus \nHlaantopus novaezelandlae \nRecurvI rostra avosetta \n\nBurhlnldae \n\nBurhlnus oedlcneaus \n\nGlareolldae \n\nCursor lus cursor \n\nGlareola pratincole \nGlareola nordaannl \n\nCharadrlldae \n\nCharadrlus alexandrlnus \n\nCharadrlus dubIus \nCharadrlus h let leu la \n\nEudroalas aorlnellus \n\nScolopacldae \n\nVane I lus splnosus \n\nAct It Is hypoleucos \nAct It Is aacularla \nArenarla Interpres \n\nHaeaatopus ostralegus \n\nRecurvlrostrldae spp. * \n\nGlareola aaldlvarua \n\nPluvlanus aegyptlus \n\nCharadrlus as Iat!eus \n\nCha radrIus Ieschenau1111 \nCharadrlus aongolus \nCharadrlus sea Ipa leatus \nCharadrlus voclferus \n\nPluvial Is aprlcarla \nPluvial Is doalnlca \nPluvial Is squatarola \nVaneI lus gregarlus \nVaneI lus leucurus \n\nVaneI lus vaneI lus \n\n\f- 1 06 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCal Idrls alba \nCalldrls alplna \n\nCalIdrls ferruglnea \n\nCalIdrls aarltlaa \n\nCalldrls aelanotos \nCalldrls alnuta \n\nCalldrls teealnckll \n\nGallInago aedla \n\nLlalcola falclnetlus \n\nNuaenlus boreal Is (I) \n\nNuaenlus tenulrostrls (I) \nPhalaropus lobatus \n\nBartraala longlcauda \nCalIdrls acunlnata \n\nCalldrls balrdll \n\nCal Idrls canutus \n\nCal Idrls fusclcol Ms \n\nCalldrls aaurl \n\nCalldrls alnutllla \nCalldrls pus Ilia \nCalldrls rufIcollls \nCalldrls subalnuta \n\nCalldrls tenulrostrls \nCatoptrophorus sealpalaatus \nGal Iinago gal IInago \n\nHeteroscelus brevlpes \n\nLlanodroaus grlseus \nLIanodroaus scoIopaceus \nLlanodroaus sealpalaatus \nLlaosa haeaastlca \nLlaosa lapponlca \nLlaosa llaosa \nLyanocryptes Bin IBUS \nMlcropalaaa hlaantopus \nNuaenlus arquata \n\nNuaenlus a Inutus \nNuaenlus phaeopus \n\n\f- 107 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nPhalaropus fulicarlus \n\nTrlnga glareola \nTrlnga guttlfer (I) \n\nTrlnga ochropus \n\nTrlnga stagn\u00e2t 11 Is \n\nXenus clnereus \n\nCatharacta skua \nStercorarlus longicaudus \nStercorarlus parasiticus \nStercorarlus poaarlnus \n\nStercorarlIdae \n\nPhalaropus tricolor \nPhiloaachus pugnax \nScolopax rustlcola \nTrlnga erythropus \nTrlnga flavlpes \n\nTrlnga aelanoleuca \nTrlnga nebular la \n\nTrlnga sol I tar la \n\nTrlnga totanus \nTryngltes subrufIcollIs \n\nLar!da9 \n\nAnous stolldus \n\nChi I don las hybrldus \nChi Idon Ias leucopterus \nChi I don I as nlger \nGeloche IIdon nllot lea \nHydropogne caspla \n\nLarus audoulnli \nLarus cachlnnans \n\nLarus gene I \nLarus gfaucoldes \n\nLarus argentatus \nLarus atrlcllla \n\nLarus canus \nLarus clrrocephalus \nLarus delawarensis \nLarus fuscus \n\n\f- 108 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nLarus hyperboreus \n\nLarus aelanocephalus \nLarus alnutus \n\nLarus re I ictus (I) \n\nRlssa tridactyla \nSterna alblfrons \n\nSterna dougallll \n\nSterna hlrundo \nSterna paradlsaea \n\nThalasseus sandvlcensls \nXeaa sabInI \n\nA lea torda \nAlie alia \nCepphus grylle \nFratercula arctlca \nUrla aalge \n\nLarus Ichthyaetus \nLarus leucophthalBUS \nLarus aarInus \n\nLarus Philadelphia \nLarus plplxcan \n\nLarus rldlbundus \nPagophlla alba \nRhodostethla rosea \n\nSterna a Ieut lea \nSterna anaethetus \n\nSterne elegans \nSterna forsterl \nSterna fuscata \n\nThalasseus bengalensl \nThalasseus aaxlaus \n\nUrla loavla \n\nAlcldae \n\nCOLUMBIFORMES \n\nPteroclldldae \n\nPterocles alchata \n\n\f- 109 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nColuabldae \n\nPterocles oriental Is \n\nSyrrhaptes paradoxus \n\nCaloenas nlcobarlca (I) \nClaravis godefrlda \nColuaba bollll \nColuaba carlbaea \n\nColuaba Junonlae \n\nColuaba trocaz \n\nDldunculu8 strlglrostrls \nDrepanoptI la ho loserIcea \n\nDucula aurorae \nDucula galeata \nDucula go I lath \nDucula alndorensls (I) \nDucula ahartonI \n\nGal IIcoluaba erythroptera \nGeotrygon canlceps \n\nLeptotI la net Is I \nNesoenas aayerl -403 (III, MU) \n\nPtlllnopus button I \nPtlllnopus roselcapllla \n\nPterocles senegaI lus \n\nAlectroenas spp. Coluaba llvla (III, GH) \nColuaba oenas \nColuaba oil viae \nColuaba paluabus \n\nOucula spp. * \n\nGal IIcoluaba spp. * x735 \n\nGoura spp. (II) \n\nOtldlphaps nobilis \n\nColuaba guinea (III, GH) \nColuaba Irid Itorques -402 (III, GH) \n\nColuaba unlclncta (III. GH) \n\nOena capensls (III. GH) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 110 -\n\nStreptopella decaocto \n\nStreptopella oriental Is \n\nStreptopella senega lens Is (III, GH) \nStreptopella turtur (III, GH) \n\nStreptopella decIplens (III, GH) \n\nStreptopella roseogrlsea (ill, GH) \nStreptopella sealtorquata (III. GH) \n\nStreptopella vlnacea (III, GH) \nTreron calva -404 (III, GH) \nTreron waalla (III, GH) \nTurtur abyss In I eus (III, GH) \nTurtur afer (III, GH) \nTurtur brehaerl -405 (III, GH) \nTurtur tyapanlstrla -406 (III. GH) \n\nPSITTACIFORMES \n\nZenalda aacroura graysonl \n\nPSITTACIFORMES spp. * -111 X736 \n\nAaazona agi I Is (II) \nAaazona arauslaca (I) \nAaazona barbadensls (I) \nAaazona br\u00e9siliens Is (I) \nAaazona collar la (II) \nAaazona dufresniana rhodocorytha (I) \nAaazona gulldlngll (I) \nAaazona laper la I Is (I) \nAaazona leucocephala (I) \nAaazona pr\u00eatre I (I) \nAaazona tucuaana (I) \nAaazona ventral Is (II) \nAaazona versicolor (I) \nAaazona vlnacea (I) \nAaazona vlttata (I) \nAnodorhynchus spp. (I) \nAra aablgua (I) \nAra glaucogularls -341 (I) \nAra aacao (I) \n\n\f- 111 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nAra aaracana (I) \nAra allltarls (I) \nAra rubrogenys (I) \nAratlnga euops (II) \nAratlnga guarouba (I) \nBrotogerls pyrrhopterus (II) \nCacatua aoluccensls (I) \nCharaosyna diadeaa (II) \nCyanopsltta splxll (I) \nCyanoraaphus aurlceps forbes I (I) \nCyanoraaphus novaezelandlae (I) \nGeopslttacus occidental Is p. e. (l) \nLeptoslttaca branickll (II) \nLor lus tibialis (II) \nNeopheaa chrysogaster (I) \nOgnorhynchus Icterotls (I) \nOpopsltta dlophthalaa coxenl -342 (I) \nPezoporus waI Ileus (I) \nPlonopsltta pi leata (I) \nProbosclger aterrleus (I) \nProsopele spp. (II) \nPsephotus chrysopteryglus (I) \nPsephotus puIcherrIBUS p. e. (l) \nPslttacula echo (I) \nPslttacula Interaedla (II) \nPslttacus erlthacus prlnceps (I) \nPyrrhura cruentata (I) \nPyrrhura hypoxantha (II) \nRhynchopsltta spp. (I) \nStrlgops habroptllus (I) \nTanygnathus heterurus (II) \nVlnl spp. (II) \n\nCUCULIFORMES \n\nMusophagldae \n\nTauraco banneraanI \n\nMusophagldae spp. * x737 \n\n\f- 112 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nTauraco porphyreolophus -343 (II) \nTauraco ruspolll \n\nCuculldae \n\nCentropus chlororhynchus \nClaaator glandarlus \n\nCuculus canorus \n\nTyto alba (II) \nTyto souaagnel (I) \n\nSTRIGIFORMES \n\nTytonIdae \n\nStrlgldae \n\nCoccyzus aaerlcanus \nCoccyzus erythrophthalaus \n\nTytonldae spp. * (II) \n\nStrlgldae spp. * (II) \n\nAegollu8 funereus (II) \nAslo flaaaeus (II) \nAslo otus (II) \nAthene blewlttl (I) \nAthene noctua (II) \nBubo bubo (II) \nGlaucldlua passer Inua (II) \nNlnox novaeseelandlae royana (I) \nNlnox squaalplla natal Is (I) \nNyctea scandlaca (II) \nOtus gurneyl -344 (I) \nOtus Ireneae (ll) \nOtus scops (II) \nStrlx aluco (II) \nStrlx uralensls (II) \n\nCAPRIMULGIFORMES \n\nCaprlaulgldae \n\nCaprlaulgus europaeus \nCaprlaulgus ruflcollk \n\nCaprlaulgus aegyptlus \n\n\f- 113 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nAPOD IFORMES \n\nApodIdae \n\nTrochiildae \n\nTROGONIFORMES \n\nTrogonldae \n\nCORAC11FORMES \n\nAlcedlnldae \n\nMoBotldae \n\nMeropldae \n\nCoraclldae \n\nApus apus \nApus caffer \nApus aelba \n\nApus paIlldus \n\nGiaucls dohrnll -345 (I) \n\nPharoaachrus aoeinno (I) \n\nAlcedo atthls \n\nMerops apIaster \n\nCoracles garrulus \n\nChordelles a Inor \n\nApus affIn Is \n\nApus paclflcus \n\nChaetura pelag lea \nHlrundapus caudacutus \n\nTrochiildae spp. * (II) \n\nTrogonldae spp. * \n\nAlcedlnldae spp. ' \n\nMoaotldae spp. Meropldae spp. * \n\nCoraclldae spp. * \n\nUpupldae \n\nUpupa epops \n\nBucerotldae \n\nBucerotldae spp. * x738 \n\n\f- 114 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nSeanornls raaphastlnus (III. CO) \n\nRaaphastldae spp. x739 \n\nPIC IFORMES \n\nCap ItonIdae \n\nRamphastldae \n\nPlcldae \n\nBuceros blcorn Is hoaral (I) \nRhlnoplax vlgll (I) \n\nCaapephllus laper la Ils (I) \nCaapephllus principalis \nDryocopus Javensls richardsI (l) \nDryocopus aartlus \nJynx torqullla \nPIcoIdes leucotos \nPIcoIdes aajor \nPI coldes aedlU8 \nPlcoldes alnor \nPIcoldes syriacus \nPlcoldes trldactylU8 \nPIeus canus \nPlcus vlrldls \nSapheoplpo noguchll \n\nPASSER(FORMES \n\nCotIngIdae \n\nPlttidae \n\nCotlnga aaculata (I) \nXlpholena atropurpurea (I) \n\nPltta gurneyl (I) \nPltta kochl (I) \n\nAtrlchornlthidae \n\nAtrichornls claaosus (I) \n\nSphyraplcus varlus \n\nCotIngIdae spp. * x740 \n\nPlttidae spp. * x741 \n\n\f- 115 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nAlaudIdae \n\nCalandre I la clnerea brachydactyla \nCalandre I la rufescens \nChersophI lus dupontl \nEreaophlla alpestrls \n\nGa 1er Ida cristate \nGa1er Ida theklae \nLullula arborea \n\nMelanocorypha calandra \n\nHlrundlnldae \n\nCecropls daurlca \nDellchon urblca \nHlrundo rustics \n\nPseudochelIdon slrlntarae (I) \nPtyonoprogne rupestrls \nRlparla rlparla \n\nMotaclIIIdae \n\nAnthus berthelotll \nAnthus caapestrls \nAnthus cervlnus \n\nAlaeaon a Iaudipes \nAlauda arvensls \nAanoaanes clncturus \n\nEreaophlla bllopha \n\nMelanocorypha blaaculata \n\nMelanocorypha leucoptera \nMelanocorypha yeltonlensls \n\nPetrochelIdon pyrrhonota \n\nAnthus hodgsonl \nAnthus pratensls \nAnthus novaeseelandlae richard I \nAnthus splnoletta** \n\nAnthus trivial Is \nMotaclI la alba \n\nAnthus godlewskli \nAnthus gustavl \n\nAnthus splnoletta rubescens \n\n\f- 116 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nMotacllia cltreola \n\nPycnonotus barbatus \n\nLanlus collurlo Isabel IInus \nLanlus crlstatus \n\nMotaclI la clnerea \n\nMotaclI la flava \n\nPycnonotldae \n\nLan IIdae \n\nLanlus collurlo** \n\nLan Ius excubltor \nLanlus a Inor \nLanlus nub Ieus \nLanlus senator \n\nBoabyclllldae \n\nBoabycllla garru lus \n\nClnclldae \n\nCine lus cInclus \n\nTroglodytldae \n\nTroglodytes troglodytes \n\nM laIdae \n\nDuaetella carolInensls \n\nMlaodes graysonl \nRaaphocIndus brachyurus \n\nPruned Idae \n\nPrunella collar Is \nPrunella aodularls \n\nMuse leapidae \n\nAcrocephalus arundlnaceus \n\nAcrocephalus pa IudIcola \nAcrocephalus palustrls \nAcrocephalus schoenobaenus \nAcrocephaIus scIrpaceus \n\nToxostoaa rufua \n\nPrunella aontanella \n\nAcrocephalus aedon \nAcrocephalus agricole \n\nAcrocephalus duaetorua \n\n\f- 117 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nAlethe choloensls \nBebrornls roderlcanus (III. MU) \n\nCettla cettl \nClstlcola June IdIs \n\nCopsychus sechellarua \nDasyornls broadbentl 11tore I Is p. e. (I) \nDasyornls longlrostrls (I) \nErlthacus lusclnla \nErlthacua aegarhynchos \nErlthacus rubecula \nErlthacus sveclcus \nErythropygla galactotes \nFlcedule elblcollls \nFlcedule hypoleuca \nFlcedula parve \n\nHippo la Is Icterlna \nHippo la la olivetorua \nHlppolals pallida \nHippo la Is polyglotte \n\nLloclchla oaelensls \n\nLocuste I la fluvlatllls \n\nLocuste I la lusclnloldes \nLocuste I la naevla \n\nLusclnlola aelanopogon \n\nCatharus fuscescens \nCatharus guttatus \nCatharus a In IBUS \nCatharus ustulatus \n\nConostoaa oeaodlua \n\nHlppolals cal Igata \n\nHyloclchla austellna \nIran Ia guttural Is \nLelothrlx spp. Locuste I la certhlola \nLocuste I la fasclolata \n\nLocuste I la lanceolate \n\nLusclnla calliope \n\n\f- 118 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nMontlcola saxatlI Is \nMont IcoI a sol I tar lus \n\nMusclcapa striata \nMyadestes I ana I ensls -480 \nMyadestes ayadestlnus -481 \nMylagra freycinetl \n\nOenanthe hi span lea \nOenanthe Isabel Una \n\nOenanthe leucura \nOenanthe oenanthe \n\nPanurus bI ara Ieus \n\nPhaeornle pa leer I \n\nPhoenIcurus ochruros \nPhoenIcurus phoenlcurus \nPhylloscopus boneill \nPhylloscopus bor6alis \nPhylloscopus col IybI ta \n\nPhylloscopus Inornatus \n\nPhylloscopus proregulus \n\nPhylloscopus slbllatrlx \nPhy11oscopus t roch11oIdes \nPhylloscopus trochIlus \nPlcathartes spp. (I) \nPoaarea dlaldlata \nPoaarea nigra \n\nMusclcapa latlrostris \n\nNltalra rueckl -346 (II) \nOenanthe desert I \n\nOenanthe leucopyga \n\nOenanthe pleschanka \n\nParadoxornls spp. Phoenlcurus aoussler \n\nPhylloscopus fuscatus \n\nPhylloscopus nltldus \n\nPhylloscopus schwarzl \n\n\f- 1 19 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nRegulus Ignleap 11 lus \nRegulus regulus \nSaxlcola dacotlae \nSaxlcola rubetra \nSaxlcola torquata \nSylvia atrleap Ilia \nSylvia borln \nSylvia cant I Hans \nSylvia coaaunls \nSylvia consplclI lata \nSylvia curruca \nSylvia hortensls \nSylvia aelanocephala \n\nSylvia nlsorla \nSylvia rueppelll \nSylvia sarda \nSylvia undata \n\nTerpslphone corvlna \n\nTurdus he 11er I \n\nTurdus torquatus \n\nSylvia aystacea \nSylvia nana \n\nTarslger cyanurus \n\nTurdus lllacus \n\nTurdus aerula \nTurdus algratorlus \nTurdus nauaannl \nTurdus obscurus \nTurdus pallIdus \nTurdus phlloeelos \nTurdus pilaris \nTurdus ruflcollls \n\nTurdus un Icolor \nTurdus vise Ivorus \nZoothera dauaa \nZoothera naevla \n\nTchltrea bourbonnensls -407 (III, MU) \n\n\f- 120 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nZoothera s lbIrlea \n\nParus cyanus \n\nAegI thaiIdae \n\nAegI thaios caudatus \n\nRealzldae \n\nParIdae \n\nSlttldae \n\nRealz penduIInus \n\nParus ater \nParus caeruleus \nParus crlstatus \n\nParus lugubrls \nParus aajor \nParus aontanus \nParus palustrls \n\nSltta europaea \nSltta krueperl \nSltte neueayer \nSltta whitehead! \nTlchodroaa aurarla \n\nCerthlldee \n\nCerthle brachydactyla \nCerthla faalMarls \n\nNectar In IIdae \n\nNectar In IIdae spp. ' \n\nAnthreptes pal IIdlgaster \nAnthreptes rectlrostrls rubrItorques \nNectar Inla afra prlgoglnel \nNectar Inla loverldgel \n\nZosteropldae \n\nZosterops albogularls (I) \n\nMellphagldae \n\nEaberlzldae \n\nMellphaga cassldlx (I) \nMoho bishop I \nMono braccatus \n\nAaaodraaus sandwlchensls \n\n\f- 121 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCatear lus lapponicus \n\nEaberlza caesla \nEaberlza calandra \n\nEaberlza cia \n\nEaberlza clrlus \nEaberlza citrlnella \nEaberlza hortulana \n\nEaberlza aelanocephala \n\nEaberlza pus I lia \n\nEaberlza schoenlclus \n\nincasplza pulchra \n\nNeaosla rourel \n\nPlectrophenax nivalis \nTangara fastuosa \n\nEaberlza aureola \nEaberlza brunlceps \n\nEaberlza chrysophrys \n\nEaberlza clneracea \n\nEaberlza leucocephala \n\nEaberlza pal Ias I \n\nEaberlza rustics \n\nEaberlze spodocephala \nEaberlza strlolata \nGubernatrlx cristate (II) \n\nJunco hyeaells \nMelosplza aelodie \n\nParoaria spp. x742 \nPasserelle lllaca \nPasser Ina cyanea \nPheuctlcus ludovlei anus \nPlplio erythrophthalaus \n\nThrauplnae spp. * -190 \nZonotrlchla alblcollls \nZonotrlchla leucophrys \n\n\f- 122 \n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nParulIdae \n\nHealgnathus lueIdus \nHealgnathus obscurus \nHealgnathus wllsonl \nLoxops aaculata \nPslttI rostra pslttacea \n\nDrepanldldae \n\nVlreonldae \n\nIcterldae \n\nFrlnglllldae \n\nAcanthis cannablna \nAcanthis flaaaea \nAcanthls flavlrostrls \n\nDendrolca coronata \nOendrolca fusca \nDendrolca nagnolla \nOendrolca pensylvanlca \nDendrolca petechia \nOendrolca striata \nDendrolca tlgrlna \nDendrolca vIrons \nGeothlypls trichas \nMnlotllta varia \nParu la aaerlcana \nSetophaga rut Id I la \nSelurus aurocaplllus \nSelurus noveboracensls \nVeralvora chrysoptera \nVeralvora peregrlna \nWllsonia cltrlna \nNllsonla pusllla \n\nVlreo ollvaceus \nVlreo phi ladeIphlcus \n\nDollchonyx oryzlvorus \nIcterus galbula \nQuisea Ius qulscula \n\nAcanthis horneaannl \n\nXanthopsar flavus (III. UY) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 123 -\n\nCarduelIs carduel Is \nCarduells chloris \nCarduelIs cucullata -347 (I) \nCarduells splnus \n\nCarpodacus erythrlnus \n\nCoccothraustes coccothraustes \nFrlngiI la coelebs \nFrIng11la aontlfrlngllla \nFrlngilla teydea \n\nLoxla curvlrostra \n\nLoxla pytyopslttacus \nLoxla scotlca -482 \n\nPyrrhula pyrrhula \nRhodopechye glthaglnea \nSerinus canarla \nSerinus citrine lia \n\nSerinus puslI lus \nSerinus serinus \n\nEstr!!dldae \n\nCarduells yarrellll -347 (II) \n\nCarpodacus roseus \n\nHesperlphona vespertine \n\nLoxla leucoptera \n\nPlnlcola enucleator \n\nSerinus gularls (ill, GH) \nSerinus leucopyglus (III. GH) \nSerinus aozaablcus (III. GH) \n\nAaadlna fasciata (III. GH) \nAaandava subfiava -408 (III. GH) \nEstrllda astrlld (III. GH) \nEstrllda caerulescens (III. GH) \nEstrllda aelpoda (III. GH) \nEstrllda troglodytes (III. GH) \nLagonostlcta larvata -409 (III. GH) \nLagonostlcta rara (III, GH) \nLagonostlcta rubrlcata (III, GH) \nLagonostlcta rufoplcta (III, GH) \n\n\f- 124 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nPoephlla clncte clncte (II) \n\nPloceidee \n\nFoudla flav Icans \nFoudla rubra \n\nMai Iabus Ibadanensls \n\nLagonostlcta senega la (III, GH) \nLonchura blcolor -410 (III. GH) \nLonchura cucullata -410 (III. GH) \nLonchura frlngiIloldee -410 (III. GH) \nLonchura aalabarlca -411 (III. GH) \nMandlngoa nltldula -412 (III. GH) \nNesocharls cap Istrata (III. GH) \nNlgrlta blcolor (III. GH) \nNlgrlta canlcapllla (III. GH) \nNlgrlta fusconota (III, GH) \nNlgrlta lutelfrons (III, GH) \nOrtygosplza atrlcolI Is (III, GH) \nParaoptlla woodhousel -413 (III. GH) \nPholldornls rushlee (III. GH) \n\nPyrenestes ostrlnus -414 (III, GH) \nPytIlia hypograaalca (III, GH) \nPyt 11 la phoenlcoptere (III. GH) \nSperaophaga haeaatlna (III. GH) \nUraeginthus bengalus -415 (III, GH) \n\nAablyosplza alblfrons (III, GH) \nAnoaalosplza laberbls (III. GH) \nBubalornls alblrostrls -416 (III, GH) \nEuplectes afer -417 (III, GH) \nEuplectes ardens -418 (III, GH) \nEuplectes hordeaceus (III, GH) \nEuplectes aacrourus -419 (III, GH) \nEuplectes orlx -420 (III, GH) \n\nMaiIabus casslnl (III. GH) \n\nMa 11abus aallablcus (III. GH) \nMaiIabus nltens (III. GH) \nMaliabus rubrlceps -421 (III. GH) \nMai I abus rubrlcolI Is (III. GH) \n\n\f- 125 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nMontlfrlngllla nivalis \nPasser doaestlcus \n\nPasser hlspanlolensls \nPasser aontanus \n\nPetronla petronla \n\nPloceus go Iand I \n\nSturnldae \n\nAplonls clnerascens \n\nLeucopsar rothschlidl (I) \n\nGracula rellglosa \n\nMai Iabus scutatus (III. GH) \n\nPasser grlseus -422 (III, GH) \n\nPetronla dentata (ill, GH) \n\nPlocepasser superclllosus (III, GH) \nPloceus alblnucha (III, GH) \nPloceus aurantlus (III, GH) \nPloceus cucullatus -423 (ill, GH) \n\nPloceus heugllnl -424 (III, GH) \nPloceus luteolus -425 (III. GH) \nPloceus eelanocephalus -426 (III. GH) \nPloceus nlgerrlaus (III. GH) \nPloceus nlgrlcollls (III. GH) \nPloceus pelzelnl (III, GH) \nPloceus preussl (III, GH) \nPloceus superclllosus (III, GH) \nPloceus tricolor (III, GH) \nPloceus veletus -427 (III, GH) \nQue lea erythrops (III, GH) \nSporoplpes frontalis (III, GH) \nVidua chalybeate -428 (III, GH) \nVidua InterJecta (III, GH) \nVidua larvatlcola (III, GH) \nVidua aacroura (III, GH) \nVidua paradlsaea -429 (III, GH) \nVidua rarlcola (III, GH) \nVidua togoensls (III, GH) \nVidua wllsonl (III. GH) \n\n\f- 126 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nSturnus roseus \n\nSturnus unlcoior \nSturnus vulgaris \n\nOrioiIdae \n\nOrlolus crlolus \n\nParadlsaeldae \n\nCorvldae \n\nCorvus corax \n\nCorvus tropicus \nCyanoplca cyana \n\nNuclfraga caryocatactes \n\nPyrrhocorax graculus \nPyrrhocorax pyrrhocorax \n\nSturnus sturnlnus \n\nParadlsaeldae spp. (I I) \n\nCorvus corone \nCorvus frugllegus \nCorvus aonedula \nCorvus rufIcol I Is \n\nGarrulus glandarlus \n\nPica pica \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 127 -\n\nREPTILIA \n\nTESTUDINATA \n\nDeraateaydldae \n\nChe I ydrIdae \n\nEaydldae \n\nTestudlnldae \n\nDeraateays aawll (II) \n\nMacrocIeaays teaaInek 11 \n\nCleaays auhlenbergl (II) \nCuora crlskarannarua \nCuora pan I \n\nRhlnocleaays spp. Terrapene spp. * \n\nTracheays scripts elegans \n\nTestudlnldae spp. * (II) \n\nBatagur baska (I) \nCallagur borneoensls \n\nEays orbicularis \nGeocleay8 haalltonll (I) \nKachuga tecta tecta (I) \nMaureays casplca \nMaureays leprosa \nMelanochelys tricar Inata -348 (I) \nMorenla ocellata (I) \n\nTerrapene coahulla (I) \n\nGeochelone elephantopus -349 (I) \nGeochelone radlata -349 (I) \nGeochelone ynlphora -349 (I) \nGopherus flavoaarglnatus (I) \nHoaopus berger I (11) \nMalacochersus torn 1er I (II) \nPsaanobates geoaetrlcus -349 (I) \nPyxis planlcauda (II) \nTestudo graeca (II) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 128 -\n\nTestudo heraannl (II) \nTestudo aarglnata (II) \n\nChe Ion IIdae \n\nChe Ion IIdae spp. (I) \n\nDeraochelyldae \n\nOeraochelys corlacea (I) \n\nLlsseays punctata punctata (I) \nTrlonyx ater (I) \nTrlonyx gangetlcus (I) \nTrlonyx hurua (I) \nTrlonyx nigricans (I) \n\nTrlonychldae \n\nPeloaedusldae \n\nPodocneals lewyana (II) \n\nChe IIdae \n\nPseudeaydura uabrlna (I) \n\nCR0C00YLIA \n\nAlligatorIdae \n\nCrocodylldae \n\nAlligator sinensis (I) \nCe Iaan crocodllus apeporlensls (I) \nCalaan latlrostrls (I) \nMelanosuchus nlger (I) \n\nCrocodylus acutus (I) \nCrocodylus cataphractus** -112 (I) \nCrocodylus Interaedlus (I) \n\nTrlonyx trlunguls (III. GH) \n\nPeloaeduea aubrufa ( M l. GH) \n\nPeluslos adansonll (III, GH) \nPelus Ios castaneus (III, GH) \nPeluslos gabonensls -430 (III, GH) \nPeluslos nlger (III, GH) \n\nEryanochelys aadagascarlensls -350 (II) \n\nPeltocephalus duaerlllanus -350 (II) \n\nPodocneals spp*. (II) \n\nCROCODYLIA spp. * -351 (II) \n\n\f- 129 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCrocodylus sore let 11 (I) \nCrocodylus nllotlcus** -113 (I) \nCrocodylus novaegulneae alndorensls (I) \nCrocodylus palustrls (I) \nCrocodylus porosus** -114 (I) \nCrocodylus rhonblfer (I) \nCrocodylus s I aniens I s (I) \nOsteolaeaus tetraspls** -115 (I) \nToalstoaa schlegelll (I) \n\nGavlalldae \n\nGavlalls gangetlcus (I) \n\nRHYNCHOCEPHALIA \n\nSphenodontldae \n\nSphenodon spp. x743 (I) \n\nSAUR IA \n\nGekkonldae \n\nAgaaldae \n\nCyrtopodlon kotschyl \n\nPheIsuaa edwardnewtonII (II) \nPhelsuaa guentherl (II) \nPhyllodactylus eurppaeus \n\nTarentola angustlaentalIs \nTarentola boettgerl \nTarentola delalandll \nTarentola goeerensls \n\nStelllo stelllo \n\nCyrtodactylus serpens Insu Ia (II) \n\nPhelsuaa spp. * (II) \n\nRhacodactylus spp. Ceratophora tennentll \nChlaaydosaurus king 11 \nHydrosaurus spp. Uroaastyx spp. (II) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n130 -\n\nBradypodlon spp. -352 (II) \nChaaaeleo spp. * (II) \n\nABblyrhynchus crlstatus (II) \nAnolls equestrls \n\nConolophus spp. (II) \n\nIguana spp. (II) \nOplurus spp. Phrynosona coronatua blalnvlllel (II) \n\nChaaaeleonldae \n\nIguanldae \n\nLacertldae \n\nChaaaeleo chaaaeleon (II) \n\nAnolls rooseveltl \nBrachylophus spp. (I) \n\nCyclura spp. (I) \nGaabella si lus \n\nSauroaalus varlus (I) \n\nAlgyrolde8 fltzlngerl \nAIgyro Ides aarchl \nAIgyro I des aoreotlcus \nAIgyro I des nlgropunctstus \nGal lot la atlantlca \nGal lot la gal lot I \nGal lot la slaonyl (I) \nGal lot la stehllnl \nLecerte agi I Is \nLacerta bedrlagae \nLacerta danfordl \nLacerta dugesl \nLacerta graece \nLacerta horvathl \nLacerta leplda \nLacerta aontlcola \nLacerta schrelberl \nLacerte trlllneata \nLacerta vlrldls \nOphlsops elegans \nPodarcls erhard 11 \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 131 -\n\nPodarcls \nPodarcls \nPodarcls \nPodarcls \nPodarcls \nPodarcls \nPodarcls \nPodarcls \nPodarcls \nPodarcls \nPodarcls \nPodarcls \n\nfllfolensls \nh I span lea strata \nIII ford I (II) \neelIse I lens Is \nallensls \naural Is \npeloponneslaca \npltyusensls (II) \nslcula \ntaurlca \ntlliguerta \nwag 1er I ana \n\nAblepharus kltalbelll \nChalcldes bedrlagal \nChalcldes occidental Is \nChalcldes ocellatus \nChalcldes sexllneatus \nChalcldes vlrldlanus \n\nOphloaorus punctatlsslaus \n\nCordylldae \n\nTelIdae \n\nSeineIdae \n\nCordylus spp. (II) \np8eudocordylus spp. Zonosaurus spp. (ID \n\nCalloplstes palluaa \nCnealdophorus hyperythrus (II) \nCrocodllurus lacertlnus (II) \nDracaena spp. (II) \nTuplnaabls spp. (II) \n\nCorucla zebrata \n\nAnguldae \n\nOphlsaurus apodus \n\nXenosaurldae \n\nShlnlsaurus crocodllurus (II) \n\n\f- 132 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nHe IOderaatIdae \n\nVaranldae \n\nSERPENTES \n\nBoIdae \n\nColubrldee \n\nVaranus bengalens Is (I) \nVaranus flavescens (I) \nVaranus grlseus (I) \nVaranus koaodoensls (I) \nVaranus ollvaceus -483 (II) \n\nAcrantophls spp. (I) \nBoa constrictor occidental 16 -353 (I) \nBo Iyer la aultocarlnata (I) \nCasarea dussualerl (I) \nEplcrates Inornatus (I) \nEpIcrates aonensis (I) \nEplcrates subflavus (I) \nEryx Jaculus (II) \nPython aolurus aolurus (I) \nSanzlnla aadagascarlensls (I) \n\nColuber \nColuber \nColuber \nColuber \nColuber \nColuber \nColuber \nCoronel \n\ncasplus \nhlppocrepls \nJugular Is \nIsurent I \nnajadua \nnuaalfer \nvlrldlfIavus \nla austrlaca \n\nElrenls aodesta \n\nHe Ioderaa spp. (II) \n\nVaranus spp. * -483 \n\nBoldae spp. * (II) \n\nClella d el la -354 (II) \n\nAtretlua schlstosua (III, IN) \nCerberus rhynchops (III, IN) \n\nCyclagras g Igas -355 (II) \n\nElachlstodon westeraannl (II) \n\n\f- 133 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nElapldae \n\nViperIdae \n\nElaphe longlsslaa \nElaphe quatuor IIneeta \nElaphe sltula \n\nNatrlx natrlx cettl \nNatrlx natrlx corsa \nNatrlx tessellata \n\nTelescopus fa I lax \n\nNaja naja oxlana (II) \n\nVlpera aaaodytes \n\nVlpera latest I \n\nEnhydrls spp. Hoaalopsls buccata \nLangaha spp. Ptyas aucosus (II) \n\nHoplocephalus bungaroldes (II) \n\nNaja naja* (II) \n\nOphlophagus hannah (II) \n\nAgklstrodon blI meatus (III. HN) \n\nBothrops Insular Is \n\nCrotalus unlcolor \nCrotalus M 11 lard I \nTrlaeresurus wI rot I \nVlpere alblzona \n\nVlpere bornauellerl \nVlpere bulgardaghlca \nVlpera kaznakovl \n\nXenochrophls plscator -431 (III. IN) \n\nMlcrurus dlasteae (III. HN) \nMlcrurue nlgroclnctue (III. HN) \n\nBothrops asper (III, HN) \n\nBothrops nasutus (III, HN) \nBothrops nuaalfer (III, HN) \nBothrops ophryoaeges (III, HN) \nBothrops schlegelll (III. HN) \nCrotalus dur Issus (III. HN) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n134 -\n\nVlpera latlfll \n\nVlpera seoannl \nVlpera schwelzeri \nVlpera urslnll x744 \n\nVlpera xanthlna \n\nVlpera raddel \n\nVlpera wagnerl \n\nVlpera russe 1111 (III. IN) \n\nAMPHIBIA \n\nANURA \n\nBufonldae \n\nDendrobatldae \n\nDlscoglossldae \n\nAte I opus varlus zetekl \nBufo calaalta \nBufo perlglenee \n\n(I) \n\nBufo superclllarls (I) \nBufo vlrId Is \nNectophrynoldes spp. (I) \n\nAlytes clsternasll \nAlytes auletensls \nAlytes obstetrleans \nBoablna boablna \n\nBoablna varlegate \nOlscoglossus galganol \nDlscoglossus jeanneae \nOlscoglossus aontalent \nDlscoglossus pIctus \n\nBufo retlforals (II) \n\nOendrobates spp. (II) \nPhyllobates spp. (II) \n\nBoablna fortInuptla M s \nBoablna aaxlaa \nBoablna alcrodeladlgltora \nBoablna orienta I Is \n\n\f- 135 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nHylldae \n\nMIcrony IIdae \n\nMyobatrachldae \n\nPelobatldae \n\nDlscoglossus sardus \n\nHyla arborea \nHyla Berldlonalis \nHyla sarda \n\nDyscophus antongl \n\n(I) \n\nRheobatrachus si lus (II) \n\nPelobates cultrlpes \nPelobates fuscus \nPelobates syrlacus \n\nRanIdae \n\nConraua go I lath \n\nMantel la aurantlaca \n\nRana arvalls \n\nRana dalaatlna \n\nRana graeca \n\nRana Iberlca \nRana I ta I lea \nRana latastel \nRana lessonae \n\nDyscophus spp. * \n\nRheobatrachus spp. * (II) \n\nConraua robuste \nMantel la spp. Rana arfakl \n\nRana blythl \nRana boulanger I \nRana cancrlvora \nRana catesbelena \nRana crassa \n\nRana esculents \n\nRana grunnlens \nRana gryllo \nRana hexadactyla (II) \nRana heckscherl \n\n\f- 136 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nRana nacrodon \nRana occipitalis \nRana perezl \nRane phrynoldes \nRana rldlbunda \nRana rugulosa \nRana teaporarla \nRana tigerina (II) \n\nAabystoaa duaerllll (II) \nAabystoaa aexlcanua (II) \n\nCynops pyrrhogaster \n\nCAUDATA \n\nAabystoaatldae \n\nCryptobranchldae \n\nAndrlas spp. -356 (I) \n\nPlethodontldae \n\nSpeleoaentas aabrosll \nSpaleoBantea flavus \nSpeleoaentes gene I \nSpeIeoaantes laper la I Is \nSpeleoaentes Ite 11eus \nSpeIeoaantes supraaontes \n\nProteldae \n\nProteus angulnus \n\nSalaaandrldae \n\nChloglossa lusltanlca \n\nEuproctus asper \nEuproctus aontanus \nEuproctus platycephalus \nSa Iaaandra atra \nSalaaandra aurorae \nSalaaandra lanzal \nSalaaandra luschani \nSalaaandrlna terdlgltata \nTrlturus earn Ifex \n\n\f- 137 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nTrlturus crlstatus \nTrlturus I ta Ileus \nTrlturus karellnll \nTrlturus aaraoratus \n\nPISCES \n\nPETROMYZONTIFORMES \n\nPetroayzontldae \n\nCERAT000NTIFORMES \n\nCeratodldae \n\nCOELACANTHIFORMES \n\nCoeIacanthidee \n\nLatlaerla chaluanae (I) \n\nACIPENSERIFORMES \n\nAc IpenserIdae \n\nAclpenser brevlrostrua (I) \nAc Ipenser naccarll \n\nAclpenser sturlo (I) \n\nOSTEOGLOSSIFORMES \n\nOsteoglossIdae \n\nLaapetra fluvlat11 Is \nLethenteron zanandral \n\nNeoceretodus forsterl (II) \n\nAclpenser nudlventrls \nAclpenser oxyrhynchus (II) \nAclpenser ruthenus \nAclpenser stellatus \n\nHuso huso \n\nArapalaa glgas (II) \nHeterotls nI lot Ieus \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 138 -\n\nScleropages foraosus** -116 (I) \n\nScleropages foraosus* +214 (II) \n\nCLUPEIFORMES \n\nClupeldae \n\nCYPRINIFORMES \n\nCyprinIdae \n\nAnaecyprls h Ispan lea \n\nProbarbus Jul I lent (I) \n\nCatostoaidae \n\nChasalstes cujus (I) \n\nSILURIFORMES \n\nSchllbeldae \n\nPangaslanodon glgas (I) \n\nSllurldae \n\nSALMONIFORMES \n\nCoregonldae \n\nSalaonldae \n\nCoregonus oxyrhynchus \n\nAlosa alosa \nAlosa fa I lax \n\nBarbus barbus \nBarbus aerldlonalls \nBarbus pl\u00e8bejus \nCaecobarbus geertsl (II) \nCtenopharyngodon Idella \nHypophthalalchthys aolltrlx \n\nRasbora kalachroaa \nRhodeus serlceus \n\nSllurus arlstotells \n\nCoregonus spp. Hucho hucho \nSalao salar \nThyaallus thyaallus \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 139 -\n\nATHERIN(FORMES \n\nCyprInodontIdae \n\nAnablapIdae \n\nSYNGMATHiFORMES \n\nCentr\u00eesc\u00eedae \n\nSo I \u00abno?ton Mae \n\nValencia h I span lea \n\nCrenlchthys spp. Cynoleblas constanclae (II) \nCynoleblas aaraoratus p. e. (II) \nCynoleblas alnlaus (II) \nCynoleblas opalescens p. e. (II) \nCynoleblas splendens (II) \nCyprlnodon bovinus \nCyprlnodon dlabolIs \nCyprlnodon elegans \nCyprlnodon ereaus \nCyprlnodon latifasclatus \nCyprlnodon \u00abacularlus \nCyprlnodon all 1er I \nCyprlnodon nevadensls \nCyprlnodon radlosus \nCyprlnodon tularosa \nEepetrIchthys spp. Anableps anableps \n\nAeollscus punctulatus \nAeolIscus strlgatus \nCentrlscus scutatus \n\nSolenostonus araatus \nSolenostoaus cyanopterus \nSolenostonus paegnls \nSolenostonus paradoxus \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- HO -\n\nSyngnathldae \n\nPERCIFORMES \n\nSerranIdae \n\nCentrarchldae \n\nPercldae \n\nEphlppldldae \n\nZInge I asper \n\nSclaenldae \n\nCynosclon aacdonaldl (I) \n\nChaetodontldae \n\nDoryrhaapus dactyl Iophorus \n\nHeaanthlas carberryl \nPseudanthlas luzonensls \nPseudanthlas hypseIosoaus \nPseudanthlas rubrlzonatus \n\nLepoals spp. Gyanocephalus schraetzer \n\nZInge I zInge I \n\nPlatax plnnatus \n\nChaetodon \nCheetodon \nChaetodon \nChaetodon \nChaetodon \nChaetodon \nChaetodon \nChaetodon \nChaetodon \nChaetodon \nCheetodon \nChaetodon \nChaetodon \nChaetodon \nChaetodon \nChaetodon \nChaetodon \n\naustrlacus \nbaronessa \nbennettI \ncltrlnellus \nlarvatus \naelapterus \naeyerI \nocelllcaudatus \noctofasclatus \nornatlsslaus \npleblus \nretlculatus \nspeculua \ntrlanguluB \ntrlfasclalls \ntrlfasclatus \nzanzlbarensls \n\n\f- 141 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nPoaacanthldae \n\nLabrldae \n\nHenlochus chrysostoaus \nParachaetodon ocellatus \n\nApolealchthys arcuatus \nCentropyge aultlfasclatus \nChaetodontopIus aesoIeucus \n\nAnaapses caeruleopunctatus \nAnaapses chrysocephalus \nAnaapses cuvler \nAnaapses slogans \nAnaapses geographlcus \nAnaapses lennardl \nAnaapses llneatus \nAnaapses nelanurus \nAnaapses aeleagrldes \nAnaapses neogulnalcus \nAnaapses rubrocaudatus \nCIr rh 11abrus cyanopIeura \nClrrhllabrus lubbockl \nClrrhllabrus rubrlplnnls \nLabroldel pectoral Is \nLabroldel pthlrophagus \nLabroldel rubrolablatus \nLabropsls a lien I \nLabropsls austral Is \nLabropsls a Icrones lea \nLabropsls xanthonota \nMacropharyngodon choatl \nMacropharyngodon cyanoguttatus \nMacropharyngodon geoffroyl \nMacropharyngodon negrosensls \nMacropharyngodon ornatus \nMicrolabrlchthys bartlettl \nMicrolabrlchthys blcolor \nMicrolabrlchthys dI spar \nMicrolabrlchthys evansl \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 1 42 -\n\nUlcrolabrIchthys Ignitus \nMlcrolabrIchthys lueIdae \nMicrolabrIchthys pascalus \nMlcrolabrIchthys salthvanlzl \nMlcrolabrIchthys thoapsonl \nMicrolabrlchthys tuka \nM Ira IabrIchthys spp. ParachelIInus IIneopunctatus \nPseudojulloldes ceraslnus \nPseudojulloldes elongatus \nPseudojulloldes erythrops \nStethojulls spp. Aoanthurus trlostegus \n\nZand us canescens \n\nBetta bel I lea \nMaIpulutta kretserl \n\nLuclocephalldae spp. Oxyaonocanthus longlrostrls \n\nTrlacanthldae spp. Aoanthurldae \n\nZand idae \n\nBe Iont IIdae \n\nLuclocephalldae \n\nTETRAODONTIFORMES \n\nBal IstIdae \n\nTrlacanthldae \n\nECHINOOERMATA \n\nECHINOIOEA \n\nAULODONTA \n\nCentrostephanus longlsplnus \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 143 -\n\nARTHROPODA \n\nINSECTA \n\nCOLEOPTERA \n\nCarabldae \n\nDytlscldae \n\nCarabus olyaplae \n\nDytlscus latlsslaus \nGraphoderus blllneatus \n\nLucanldae \n\nLucanus cervus \n\nScarabaeldae \n\nOsaoderaa area Ita \n\nBuprestIdae \n\nBuprest Is splendens \n\nCucuJIdae \n\nCucujus clnnaberlnus \n\nCeraabyx cerdo \nRosalia alpine \n\nCeraabycldae \n\nLEPIDOPTERA \n\nPapillonIdae \n\nOrnlthoptera alexandrae (I) \nPaplllo alexanor \n\nPaplllo chlkae (I) \n\nAtrophaneura pelu \nBaron Ia brevlcornls \nBhutan It Is spp. (II) \nGraph IUB sandawanuB \nGraphlua streseaannl \nOrnlthoptera spp. * -357 (II) \n\nPaplllo arlstodeaus ponceanus \nPaplllo benguetanus \n\nPaplllo esperanza \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 144 -\n\nPaplllo grosesalthl \n\nPaplllo aaraho \nPaplllo aorondavana \nPaplllo neuaoegenl \nPar Ides ascanlus \nPar Ides hahnell \n\nTe Inopalpus spp. (II) \nTrogonoptera spp. -357 (II) \nTroldes spp. -357 (II) \n\nPaplllo hoaerus (I) \nPaplllo hosplton (I) \n\nParnasslus apollo (II) \nParnasslus aneaosyne \nPleblcula golgus \nProserpInus prosperpIna \n\nZerynthla polyxena \n\nLyceene dlsper \nMacullnea arlon \nMacullnea nauslthous \nMacullnea tele lus \n\nCoenonyapha hero \nCoenonyapha oedlppus \nEreble calcarla \nErebla christ I \nEreble sudetlca \nLoplnga echlne \nMelanagrla arge \n\nApatura set Is \nEuphydryas aurlnla \nFabriclena el Isa \nHypodryas aaturna \n\nLycaenldae \n\nSatyrIdae \n\nNyaphalldae \n\nLaslocaapldae \n\nErlogaster catax \n\n\f- 145 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nSaturn IIdae \n\nGraellsla Isabelae \n\nSphIngIdae \n\nHyles hlppophaes \n\nMANTOOEA \n\nMantldae \n\nODONATA \n\nApteroaantls aptera \n\nCoenagrlonldae \n\nCoenagrlon aercurlale \n\nLestIdae \n\nAeshnldae \n\nGoaphldae \n\nSyapecaa brauerl \n\nAeshna vlrId Is \n\nGoaphus grasllnll \nLinden Ia tetraphylla \nOphlogoaphus ceci I la \nStylurus flavIpes \n\nCordulegasterldae \n\nCordulegaster trlnacrlae \n\nCordullldae \n\nLibel luiIdae \n\nORTHOPTERA \n\nTettlgonlldae \n\nMacrosIa splendens \nOxygastra curt Is 11 \n\nLeucorrhlnla alblfrons \nLeucorrhinla caudal Is \nLeucorrhlnla pectoral Is \n\nBaetlca ustulata \nSaga pedo \n\n\f- 146 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nARACHNIOA \n\nARANEAE \n\nTheraphosldae \n\nDlplurldae \n\nMacrothele calpelana \n\nCRUSTACEA \n\nDECAPODA \n\nAstacldae \n\nScyllarldae \n\nANNELIDA \n\nHIRUDINOIDEA \n\nARHYNCHOBDELLAE \n\nHlrudlnldae \n\nMOLLUSCA \n\nBIVALVIA \n\nANISOMYARIA \n\nBrachypelaa salthl (II) \n\nAstecus astacus \nAustropotaaoblus pallipes \nAustropotaaoblus torrent Iua \n\nScyMarides latus \n\nHIrudo aedldnalls (II) \n\n\fMytllldae \n\nLlthophaga llthophaga \n\nAnnex A \n\nPinna nobIlls \n\nPinnIdae \n\nVENEROIDA \n\nTrldacnldae \n\nUN IOHOIDA \n\nUn IonIdae \n\nConradlI la caelata (I) \n\n- 147 -\n\nAnnex B \n\nPholas dactylus \n\nTrldacnldae spp. (II) \n\nCyprogenla abort I (II) \n\nAnnex C \n\nDroaus droaas (I) \nEploblasaa curtlsi -358 (I) \nEploblasaa florentine -358 (I) \nEploblasaa saapsonl -358 (I) \nEploblasaa sulcata perobi Iqua -358 (I) \nEploblasaa torulosa gubernaculua -358 (I) \n\nEploblasaa torulosa torulosa -358 (I) \nEploblasaa turgldula -358 (I) \nEloblasaa walker I -358 (I) \nFusconala cuneolus (I) \nFusconala edgarlana (I) \n\nLaapsllls hlgglnsl (I) \nLaapsllls orblculata orblculata (I) \nLaapsllls satura (I) \nLaapsllls vlrescens (I) \n\nPlethobasus clcatrlcosus (I) \nPlethobasus cooper Ianus (I) \n\nPleurobeaa pIonus (I) \nPotaaIlus capax -359 (I) \nQuadrula Interaedla (I) \nQuadrula sparse (I) \nToxolasaa cylindre I la -360 (I) \n\nEploblasaa torulosa ranglana -358 (II) \n\nFusconala subrotunda (II) \nLaapsllls brevlcula (II) \n\nLexington la do labelloldes (II) \nMlcrocondylaea coapressa \n\nPleurobeaa clava (II) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 148 -\n\nUnlo cressus \n\nUnlo nlckllnlana (I) \nUnlo taaplcoensls tecoaatensls (I) \nVII loss traballs -361 (I) \n\nUnlo elongatulus \n\nMargarltlferldae \n\nMargarltlferra auricular la \n\nMargarltlfere aargaritlfere \n\nGASTROPODA \n\nPROSOBRANCHIA \n\nPetal I Idas \n\nPatella feruglnea \n\nSTYLOMMATOPHORA \n\nAchat Ine IIIdae \n\nAchatlnella 8pp. (I) \n\nPartu IIdae \n\nPartula spp. Chondrlnldae \n\nLelostyla abbreviate \nLelostyla casslda \nLelostyla corneocostata \nLelostyla glbba \nLelostyla laaellosa \n\nArIonIdae \n\nGeoaalacus aaculosus \n\nEndodontldae \n\nDiscus defloratus \nDiscus guerlnlanus \n\nCaaaenldae \n\nParyphantldae \n\nHe He idae \n\nCaseolus eelcuius \nCaseolus coaalxta \nCaseolus sphaerula \n\nPapustyla pulcherrlaa -362 (II) \n\nParyphanta spp. +215 (II) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 149 \n\n-\n\nDIseul a leacocklana \nDiscuta tabellata \nDiscuta testudlnalls \n01seul a turrlcula \nGeoaltra aonozlana \n\nHelix subpllcata \n\nEIonIdae \n\nElona qulaper Iana \n\nHelix poaatla \n\nCNIDARIA \n\nANTHOZOA \n\n60RGONACEA \n\nCoral 11Idae \n\nANTIPATHARIA \n\nSCLERACTINIA \n\nHYDROZOA \n\nATHECATA \n\nMllleporldae \n\nStyIasterIdae \n\nALCYONARIA \n\nCOENOTHECALIA \n\nSTOLON IFERA \n\nTublporldae \n\nCora I H UB rubrua *502 \n\nANTIPATHARIA spp. (II) \n\nSCLERACTINIA spp. *502 (II) \n\nMllleporldae spp. \u00b0502 (II) \n\nStylasterIdae spp. *502 (II) \n\nCoenothecalla spp. \u00b0502 (II) \n\nTublporldae spp. *502 (II) \n\n\f- 150 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nFLORA \n\nSPERMATOPHYTA \n\nANGIOSPERMAE \n\nAGAVACEAE \n\nAgave arlzonlca (I) \nAgave parvlflora (I) \n\nDracaena draco \nNo Una Interrata (I) \n\nALISMATACEAE \n\nCaldes Ia parnasslfolla \nLuronlua natans \n\nAMARYLLIDACEAE \n\nLeucojua nlcaeense \n\nNarcissus asturlensls \nNarcissus calclcola \nNarcissus cyclaalneus \nNarcissus fernandesll \nNarcissus huallls \nNarcissus long Ispathus \nNarcissus nevadensls \nNarcissus pseudonarcIssus nob I \nNarcissus scaberulus \nNarcissus trlandrus \nNarcissus vlrldlftorus \n\nIs \n\nAgave victorlae-reglnae el (II) \n\nGalanthus spp. e1 (II) \n\nNarcissus bulbocodlua el \nNarcissus JuneIfollus el \n\nSternberg Ia spp. el (II) \n\n\f- 151 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nAPOCYNACEAE \n\nPachypodlun spp. * t1 (II) \n\nPachypodlua baron 11 (I) \nPachypodlua brevlcaule (I) \nPachypodlua decaryl (I) \nPachypodlua naaaquanua (I) \n\nAQUIFOLIACEAE \n\nARACEAE \n\nAIocas I a sanderIana (I) \n\nRauvolfla serpentina t2 (II) \n\nI lex aqulfollua el \n\nARALIACEAE \n\nPanax qulnquefollus #3 (II) \n\nASCLEPIADACEAE \n\nCaralluaa burchardll \n\nCeropegle chrysantha \n\nBERBER IDACEAE \n\nBerber 18 aaderensls \n\nCeropegle spp. * el (II) \n\nFreree Indice el (II) \n\nPodophyllum hexandrua \u00a72 -363 (II) \n\nBORAGINACEAE \n\nAnchusa crispa \nEchlua candlcans \nEchlua gent IanoIdes \nLlthodora nit Ida \nMyosotis azorlca \nMyosotis Ius Itan Ice \nMyosotis aarltlaa \nMyosotis rehsteInert \nMyosotis retuslfolla \nOaphalodes kuzlnskyana \nOaphalodes littoral Is \nSolenanthus a Iban Ieus \nSyaphytua cycladense \n\nBYBLIDACEAE \n\nByblls spp. el (II) \n\n\fAnnex A \n\n- 152 -\n\nAnnex B \n\nAnnex C \n\nCACTACEAE \n\nCACTACEAE spp. * e4 (II) \n\nAnclstrocactus tobuschll -364 (I) \nArlocarpus spp. x745 \nAstrophytua aster las -365 (I) \nAzteklua rltterl (I) \nBackebergla all I tar Is -366 (I) \nCoryphantha ainlaa -367 (I) \nCoryphantha sneedll -367 (I) \nCoryphantha aerderaann11 (I) \nDlscocactus spp. (II) \nEch I noce reus ferre I Nanus var. llndsayl \n-368 (I) \nEchlnocereus schaollll -369 (I) \nEchlnoaastus erectocentrue -370 (I) \nEchlnoaestus aarlposensls -370 (I) \nLeuchtenbergla principle (I) \nMaaalllarla pectinIfera -371 (I) \nMaaalllarla pluaosa (I) \nMaaalllarla sol Isloldes (I) \nMelocectus conoldeus (II) \nNopalxochla aacdougallll -372 (I) \nObregonla denegrll (I) \nPedlocactus bradyl (I) \nPedlocactus despalnll (I) \nPedlocactus knoaltonll (I) \nPedlocactus papyracanthus -364 (I) \nPedlocactus paradlnel (I) \nPedlocactus peebleslsnus (I) \nPedlocactus si 1er I (I) \nPedlocactus \u00abrink 1er I (I) \nPelecyphora spp. (I) \nSclerocactus glaucus (I) \nSclerocactus aesae-verdae (I) \nSclerocactus pub IspInus (I) \nSclerocactus arlghtlae (I) \nStroabocactus disc I fora Is (I) \nTurblnlcarpus laul -373 (I) \nTurblnlcarpus lophophoroldes \u00ab373 (I) \n\n\f- 153 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCAMPANULACEAE \n\nTurblnlcarpus pseudoaacrochele -373 (I) \nTurblnlcarpus pseudopectlnatus -373 (I) \nTurblnlcarpus schaledlckeanus -373 (I) \nTurblnlcarpus valdezlanus -373 (I) \nUebelaannla spp. (II) \n\nAsyneuaa glganteua \nAzorlna vldalll \nCaapanula aorettlana \nCaapanula sabatla \nJaslone crispa serpent In lea \nJaslone Ius Itan lea \nMusschla aurea \nMusschla noilaston 11 \nPhysoplexls coaosa \n\nCAPRIFOL IACEAE \n\nSaabucus palaensls \n\nCARYOCARACEAE \n\nCARYOPHYLLACEAE \n\nArenarla nevadensls \nArenerle provincial Is \nDlanthus clntranus clntranus \nDlanthus aarlzll \nDlanthus ruplcola \nGypsophlla papulosa \nHerniarla algarvlca \nHernlarla berlenglana \nHerniarla latlfolla lltardierel \nHernlarla aarltlaa \nMoehrlngla fontquerl \nMoehrlngla toaaaslnll \nPetrocoptls grandIflora \nPetrocoptls aontslcclana \nPetrocoptls pseudovlscosa \nSllene clntrana \nSil\u00e8ne hlceslae \nSllene hlfacensls \nSllene longlcllla \n\nCeryocar costarlcense el (II) \n\n\f- 154 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCephalotus fol IIcularIs el (II) \n\nSllene aariana \nSllene orphanldls \nSllene rothaalerl \nSllene velutlna \nSpergularla azorlca \n\nCELASTRACEAE \n\nMaytonus uabellata \n\nCEPHALOTACEAE \n\nCHENOPODIACEAE \n\nCISTACEAE \n\nBassla saxlcola \nBeta patula \nKochla saxlcola \nSal loom I a venett \n\nClstus chlnaaadensls \nClstus palhlnhae \nHallalua vertlclIlatua \nHellantheaua alypoldes \nHellantheaua bystropogophyllua \nHellantheaua caput-fells \nTubererla aajor \n\nCOMPOS ITAE \n\n(ASTERACEAE) \n\nAndryala crlthalfolla \nAntheals glaberrlaa \nArgyrantheauB I Id 11 \nArgyrantheaua plnnatlfldua succulentua \nArgyrantheaua thalassophylua \nArgyrantheaua winter 11 \n\nArtealsla granatens Is \nAster pyrenaeus \nAster sorrentInlI \nAtractylls arbuscula \nAtractylls preauxlana \n\nCalendula aaderensls \n\nArnica aontana el \nArtealsla erlantha el \nArteal6la genlpl el \n\nBrechylaena huteh Ins 11 el \n\n\f155 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nCarduus ayrIacanthus \nCentaures alba heldrelchll \nCentaurea alba prlnceps \nCentaur\u00e9e attlca aegarensls \nCentaurea bal ear lea \nCentaurea borjae \nCentaurea cltrlcolor \nCentaurea coryabosa \nCentaurea gadorensls \nCentaurea horrlda \nCentaurea kalaabakensls \nCentaurea kartschlana \nCentaurea lactlflora \nCentaurea alcrantha herald I \nCentaurea nlederi \nCentaurea peucedanlfolla \nCentaurea pinnate \nCentaurea pulvlnata \nCentaurea rothaalerana \nCentaurea vlcentlna \nChelrolophus duranll \nChe Irotophus ghoaerytus \nChelrolophus Junonlanus \nChelrolophus aassonlanus \nClrslua latlfoilua \nCrepls croclfolla \nCr\u00e9pis granatensls \n\nErlgeron frlgldus \nHelichrysua gossyplnua \nHe 11chrysua o11gocephaI a \nHellchrysuB slbthorplI \nHyaenostenaa pseudanthsals \nJurlnea cyanoldes \nJurlnea fontquerl \nLactuca watsonlana \nLaayropsis alcrocephala \nLeontodon alcrocephalus \nLeontodon boryl \n\nDoronlcua plantaglreua tournefortil e1 \n\n\f- 156 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nLeuzea rhapontlcoldes el \n\nLeontodon s Icuius \nLeuzea long IfoI la \n\nLlgularla slblrlca \nOnopordua carduelInua \nOnopordua nogalesll \nPer lea 11 Is hadrosoea \nPhagnalon benettll \nPlCrIS BlIlkOBBll \nSanto Una elegans \nSanto Una lapressa \nSanto Una sealdentata \nSaussurea costus -374 (I) \nSeneclo ceespltosus \nSeneclo elodes \nSeneclo legascanus lus Itan Ieus \nSeneclo nevadensls \nSteaaacantha cynaroldes \nSventenla bupIeuroIdes \nTsnacetua ptaralclflorua \n\u2022egenltzle lanclfolla \n\nConvoIvu Ius a rgyrothaanus \nConvolvulus caput-aedusae \nConvolvulus fernendesll \nConvoIvuIus Iopez-soca811 \nConvolvulus aassonll \n\nAeonluB goaeraense \nAeonlua saundersll \nAlchryson duaosua \nDudleys stolonIfera (I) \nDudleys trasklae (I) \nMonanthes \u00abIIdpretlI \nSedua brlsseaorettll \n\nCONVOLVULACEAE \n\nCRASSULACEAE \n\nCRUCIFERAE \n\nAlyssua plntodaslIvae el \n\nAlyssua pyrenalcua \nArab Is sadlna \n\n\f- 1 57 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nBlscutella neustrlaca \nBlscutella VincentIna \nBoleua asperua \nBrass lea glabrescens \nBrass lea Insular Is \nBrass lea aacrocarpa \nColncya clntrana \nColncya rupestrls \nCoronopus navasll \nCraabe arbor\u00e9e \nCraabe laevigata \nCraabe sventenll \nDlplotaxls Iblcensls \nDlplotaxls slettlane \nDlplotaxls VincentIna \nErucaatruB palustre \nIbar I s erbuscula \nIberls procuabens alcrocarpa \nlonopsldlua acaule \nlonopsldlua aavlenua \n\nMurbecklelle sousae \nParolInla schlzogynoldes \nSlnapldendron rupestre \nSIsyabrIua cavan111es Ianua \nSlsyabrlua suplnua \n\nCarex aalato-bellzlI \nCarex panoraltana \nEleocharls carnlollca \n\nCYPERACEAE \n\nDIAPENSIACEAE \n\nDID IEREACEAE \n\nDIOSCOREACEAE \n\nBorderea chouardll \n\nMalcolala lac\u00e8re grace I Ilea e1 \nMurbecklelle plnnetlflde heralnll el \n\nShortla galaclfolla el (II) \n\nDIDIEREACEAE spp. el (II) \n\nOloscorea de Ito Idea el (II) \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 158 -\n\nDIPSACACEAE \n\nScablosa nI tens \n\nOIPTEROCARPACEAE \n\nNeobalanocarpus he la 11 #1 \n\nDROSERACEAE \n\nAldrovanda vesiculosa \n\nERICACEAE \n\nErica scoparla azorlca \n\nEUPHORBIACEAE \n\nKalala cuneata tl (II) \n\nEuphorbia spp. e1 -118 (II) \n\nEuphorbia aabovoBbensIs (I) \nEuphorbia cyllndrlfolla (I) \nEuphorbia decaryl (I) \nEuphorbia francolsll (I) \nEuphorbia hand Iens Is (II) \nEuphorbia laabll (II) \nEuphorbia aargalldlana \nEuphorbia aoratll (I) \nEuphorbia nevedenele \nEuphorbia parvlcyathophore (I) \nEuphorbia prlaullfolla (I) \nEuphorbia quartz ItIcole (I) \nEuphorble etyglena \nEuphorbia transtagana \nEuphorbia tuIearens Is (I) \n\nFAGACEAE \n\nFOUQUIERIACEAE \n\nFouqulerle fasciculate (I) \nFouqulerla purpusll (I) \n\nGENTIANACEAE \n\nConteur Iua rlgualll \nCentaur lue soaedanua \n\nQuercus copeyensls e1 (II) \n\nFouqulerla coluanarls el (II) \n\n\f- 159 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nIRIDACEAE \n\nCrocus etruscus \nIris bolsslerl \n\nIris aarlsca \n\nJUGLANDACEAE \n\nOreoaunnea pterocarpa -375 (I) \n\nJUNCACEAE \n\nJuncus valvatus \n\nIris lusltanlca tl \n\nLABIATAE \n\nDracocephalua austrlacua \nMlcroaerla taygetea \nNepeta dlrphya \nNepeta sphaclotlca \nOrlganuB dlctaanus \nRosaarlnus toaentosus \nSlderltls cystoslphon \nSlderltls discolor \nSlderltls Incsna glauca \nSlderltls Infernal Is \nSlderltls Javalaabrensls \nSlderltls aaraorea \nSlderltls serrata \nTeucrlua abut Iloldes \nTeucrlua betonlcua \nTeucrlua cher Ideal \nTeucrlua leplcephalua \n\nTeucrlua turredanua \nThynus caaphoratus \nThyaus capital Iatus \nThyaus carnosus \nThyaus cephelotos \nThyaus vlllosus vlllosus \n\nTeucrlua salvlastrua salviastrue el \n\n\f- 160 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nGentlana lutea el \n\nGERANIACEAE \n\nGent Iana 11gust lea \n\nGent lane I la angelica \n\nErodlua astragaloldes \nErodlua paularense \nErodlua ruplcola \nGeranlua aaderense \n\nGESNERIACEAE \n\nJankaea heldrelchll \nRaaonda serblca \n\nGLOBULAR IACEAE \n\nGlobularla ascanll \nGlobular la sarcophylla \nGlobularla stygla \n\nGRAMINEAE \n\nAvenu le heckelll \nBroau8 grossus \nCo leanthus subtil Is \nDeschaapsla aaderensls \nFestuca brIgantIna \nFestucs durlotagana \nFestucs elegans \nFestuca henrlquesll \nFestucs sua 11us ItenIce \nGaudlnla h Ispan lea \nHo Ieus setlgluals dur Iens I s \nMlcropyropsls tuberose \nPseudarrhenatherua pal lens \nPuce Ine 111a pungens \nStlpa austroltallca \nStlpa bavarlca \nStlpa veneta \n\nGROSSULARIACEAE \n\nRlbes sardoua \n\nGUTTIFERAE \n\nHyper Icua aclferuB \n\nHUMIRIACEAE \n\nVantanee barbourll el (II) \n\n\f- 161 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nLEGUMINOSAE \n(FABACEAE) \n\nAnagyrls latlfolla \nAnthyllis hystrlx \nAnthyllls leaannlana \n\nAstragalus algarblensls \nAstragalus aqullanus \nAstragalus centreIpInus \nAstragalus aarltlaus \nAstragalus treaolslanus \nAstragalus verrucosus \n\nCytlsus aeollcus \n\nDoryen Iua spectablle \nGenlsts dorycnlfolla \nGenista holopetele \n\nLotus szorlcus \nLotus cal IIs-vlrldls \nLotus kunke111 \nMel I lotus segetalls-fallax \nOnonis hackelll \n\nTel Ine rosaarlnlfolla \nTellne salsololdes \nTrlfollua saxatlle \n\nVlcla blfollolata \nVic la denneslana \n\nAnthyllls lusltanlca il \n\nBalklaea plurljuga el \nCynoaetra healtOBOphylla il (II) \n\nDalbergla cochlnchlnensls el \nDalbergla nigra el \nDa Iberg le Stevenson 11 el \nOorycnluB pentaphyllua transaontana el \n\nGossaellerodendron balsaalferua el \n\nPlatyalscluB plelostachyua e1 (II) \nTachlgall versicolor el (II) \n\nUlex densus e1 \n\nLENTIBULARIACEAE \n\nPlngulcula nevadensls \n\n\f- 162 \n\n-\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nLILIACEAE \n\nAI I lui gros il \n\nAloe spp. \u00bb \u00ab5 (II) \n\nAloe a lb Ida (I) \nAloe plllansll (I) \nAloe polyphylla (I) \nAloe thorncroftll (I) \nAloe vossll (I) \nAndrocyeblui europeui \nAndrocyeblui psainophllue \nAndrocyeblui rechlngerl \nAsphodeIus bento-raInhae \nBel levai la hackelll \nCo IchIcut cor8lcui \nCo IchIcue cousturlerl \nFrltlMaria conlca \nFrit I Maria drenovsKII \nFrltl Maria gusslchlae \nFrltl Maria obliqua \nFrltl Maria rhodocanakls \nHyaclntholdes vlcentlna \n\nMuscarl gussonel \nOrnIthogalui reverchon11 \n\nSell la belrana \nSell la laderensls \nSell la odorata \nSeiele laderensls \n\nLINACEAE \n\nLlnui luellerl \n\nLII lui rubrui el \n\nRuscus aculeatus tl \n\n\f- 163 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nTalauaa hodgsonlI *522 (III. NP) \n\nLORANTHACEAE \n\nArceuthoblua azorlcua \n\nLYTHRACEAE \n\nLythruB flexuosua \n\nMAGNOLIACEAE \n\nMALVACEAE \n\nKosteletzkya pentacarpos \n\nMELIACEAE \n\nMORACEAE \n\nMYRICACEAE \n\nMyrlca rlvas-aartlnezl \n\nNAJADACEAE \n\nNejes flexllls \n\nNEPENTHACEAE \n\nOLEACEAE \n\nORCHIDACEAE \n\nNepenthes kheslana (I) \nNepenthes rajah (I) \n\nJasalnua azorlcua \nPlcconla azorlce \n\nCattleya skinner I (I) \nCattleya trlanae (I) \nCephalanthera cucullata (II) \nCyprlpediua spp. (II) \n\nLovoa swynnertonll el \nSuletenla huallls el (II) \n\nBatocarpus costarIcons Is e1 (II) \nMl I Ida excel8a el -484 \nMl I Ida regie #1 \n\nNepenthes spp. * el (II) \n\nORCHIDACEAE spp. * i6 -376 (II) \n\n\f- 164 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nDIdIclea cunnlnghaalI (I) \nGoodyera eacrophylla (II) \nHlaantoglossuB spp. (II) \nLaella Jongheana (I) \nLaella lobata (I) \nLlparls loeselll (II) \nLycaste skinner I var. alba -377 (I) \nOphrys spp. (II) \nOrchis spp. (II) \nPaphlopedllua spp. (I) \nPerlsterla elata (I) \nPhragalpedlua spp. (I) \nRenanthera laschootlana (I) \nVanda coerulea (I) \n\nPaeon le caabessedesll \nPaeon le d us 11 rhodla \nPaeon I a pa m a ss lea \n\nPhoenix theophrastl \n\nPAEON IACEAE \n\nPALMAE \n\n(ARECACEAE) \n\nPAPAVERACEAE \n\nPITTOSPORACEAE \n\nPlttosporua corlaceua \n\nPLANTAGINACEAE \n\nPLUMBAGINACEAE \n\nPIantago a Igarb Iens Is \nPlantago alaogravensls \nPlentago aalato-belIzlI \n\nAraerla berlengensls \nAraerla he Iodes \nAraerla negleta \nAraerla pseudaraerla \nAraerla rouyana \n\nAraerla solelrolll \n\nAreca Ipot el (II) \nChrysalIdocarpus decIplens e1 \nNeodypsls deceryl el (II) \n\n(M) \n\nMeconopsls regla *522 ( M l. NP) \n\nAraerla sanpalol el \n\n\f- 165 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nLlaonlua spp. * tl -191 \n\nAnacaapseros spp. el (II) \nLealsle cotyledon el (II) \nLewlsis aagulrel el (II) \nLewl8la serrata el (II) \nLewlsis tweedy I el (II) \n\nCyclaaen spp. el (II) \n\nAraerla velutlna \n\nLlaonlua arborescens \nLlaonlua dendroldes \nLlaonlua dodartll lusltanlcua \nLlaonlua InsuIare \nLlaonlua lanceolatua \nLlaonlua Bultlflorua \nLlaonlua pseudolaetua \nLlaonlua strlctlsslBua \nLlaonlua spectablle \nLlaonlua sventenll \n\nPolygonua praelongue \nRuaex azorlcus \nRuaex rupestrls \n\nAndrosace cyllndrlca \nAndrosace aathlldae \nAndrosace pyrenalca \n\nPrlaula apennlna \nPrlaula glaucescens \nPrlaula pallnurl \nPrlaula spectabllls \nSoldanella vlllosa \n\nPOLYGONACEAE \n\nPORTULACACEAE \n\nPRIMULACEAE \n\nPROTEACEAE \n\nOrothaanus zeyherl (I) \nProtea odorata (I) \n\nRANUNCULACEAE \n\nAconltua cors ICUB \nAdonis distorts \n\n\fAnnex A \n\n- 166 -\n\nAnnex B \n\nAnnex C \n\nAquileg I a alplna \nAaulleg la bertolonll \nAqullegla kltalbelll \nAqullegia pyrenalca cazorlensis \nConsolida saala \nPulsatilla patens \nRanunculus weylerl \n\nRESEDACEAE \n\nReseda decurslva \n\nRHAMNACEAE \n\nFrangula azorlca \n\nROSACEAE \n\nRUB IACEAE \n\nBencoBla brachystachya \nBencoala sphaerocarpa \nChaaaeaelei oorlion \nDendrlopoterlua pu IIdo I \nMarcetella aaderensls \nPotent 11 la delphlnensls \nPrunus Ius I tan lea azorlce \n\nSorbus aaderensls \n\nBalaea storalae (I) \nGallua lltorale \nGallua vlrldlflorua \n\nRubus genevlerl herein 11 tl \n\nSALICACEAE \n\nSalIx salvlfolla \n\nSANTALACEAE \n\nKunkeIIe11a subsuccuIenta \n\nTheslua ebracteatua \n\nSanta Iua albua tl \n\n\fSARRACENIACEAE \n\nSAXIFRAGACEAE \n\n- 1 67 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nDarlington I a callfornlca tl (II) \nSarracenla spp. * \u00ab1 (II) \n\nSarracenla alabanensls alabanensls-378 \n(I) \nSarracenla Jones 11 -379 (I) \nSarracenla oreophlla (I) \n\nSaxifrage \nSaxifrage \nSaxifrage \nSaxlfrega \nSaxlfraga \nSaxifrage \nSaxlfraga \nSaxlfraga \nSaxlfraga \n\nberlca \nclntrana \nflorulenta \nhlrculus \nportosanctana \npresolanensls \ntoabeanensls \nva Idens Ia \nvayredana \n\nSCROPHULARIACEAE \n\nAnarrhlnua longIpedIce I atua el \n\nAntlrrhinua char Ideal \nAntlrrhlnuB lopeslanua \nChaenorrhlnua serpylIIfollue lus I tan ICUB \nEuphrasls azorlca \nEuphrasia genargentea \nEuphrasia grand I flora \nEuphrasia aarchesettll \n\nEuphrasia aendoncee el \n\nIsop IexIs chalcantha \nIsoplexls Isabel liana \nLlnarla algarvlana \nLlnarla coutlnhol \nLlnarla flcalhoana \nLlnarla flava \nLlnarla rlcardol \nLlnarla tonzlgll \nLlnarla turslca \nLlndernla procuabens \nOdontites grsnatensls \nOdontites hoIIIana \n\nScrophularla grand I flora el \n\n\f- 168 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nScrophularla heralnlI #1 \nScrophularla sublyrata tl \n\nCaaellla chrysantha el (II) \n\nTetracentron slnense *522 (III. NP) \n\nSlbthorpla peregrine \nVerbascua lltlglosua \nVeronica alcrantha \nVeronica oetaea \n\nAtropa baetlca \nMandragore offlelnarua \nSolanua Mdll \n\nDaphne petraee \nDaphne rodrlguezll \nThyaelaea broterana \n\nSOLANACEAE \n\nTETRACENTRACEAE \n\nTHEACEAE \n\nTHYMELAEACEAE \n\nULMACEAE \n\nZelkova abellcea \n\nUMBELLIFERAE \n\nABB I trlfollatua \nAngelica heterocarpa \nAngelica palustrls \nAplua beraejol \nApluB repens \nAthaaanta cortlana \nBunlua brevlfollua \nBupleurua capII tare \nBupleurua handlense \nBupleurua kaklskalae \nChaerophyllua azorlcua \nErynglua alplnua \nErynglua vlvlparua \nFerula latlplnna \nLaserpltlua longlradlua \nMe Ianose11nua dec IpI ens \nMon Izla edulIs \n\n\f- 169 -\n\nAnnex A \n\nAnnex B \n\nAnnex C \n\nNaufraga batear lea \nOenanthe conloldes \nOenanthe dlvarlcata \nPetagnla sanlculIfolla \nRouya polygaaa \nSanlcula azorlca \nSesell Intrlcatua \nThorella vertlclIlatlnundata \n\nVALERIANACEAE \n\nCentranthus trlnervls \n\nVIOLACEAE \n\nViola athols \nViola cazorlensls \nViola de IphInantha \nViola hlsplda \nViola Jaubertlena \nViola paradoxe \n\nZINGIBERACEAE \n\nHedychlua phi IIpplnense (I) \n\nZYGOPHYLLACEAE \n\nGualacua sanctua el (II) \n\nGYMNOSPERMAE \n\nARAUCARIACEAE \n\nAraucaria araucana** 4216 (I) \n\nAraucaria araucana* el -117 (II) \n\nCUPRESSACEAE \n\nFltz-Roya cupressoides (I) \nPIIgerodendron uvlferua (I) \n\nCYCADACEAE \n\nGNETACEAE \n\nCycas beddoael (I) \n\nCYCADACEAE spp. * el (II) \n\nGnetua aontenua *522 (III. NP) \n\n\fAnnex A \n\n- 170 -\n\nAnnex B \n\nAnnex C \n\nPINACEAE \n\nAbies guateaalensls (I) \nAbies nebrodensls \n\nP0D0CARPACEAE \n\nPodocarpus parlatorel (I) \n\nSTANGERIACEAE \n\nStangerla erlopus -380 (I) \n\nNELNITSCHIACEAE \n\nZAMIACEAE \n\nPTERIDOPHYTA \n\nASPLENIACEAE \n\nCeratozaala spp. (I) \nChlgua spp. (I) \nEncephalartos spp. (I) \nMlcrocycas calocoaa (I) \n\nAsp Ien Iua healonltls \nAsp I en Iua Jahandlezll \nDryopterls cor leyI \nPolystlchua drepanue \n\nBLECHNACEAE \n\nWoodward Ia radlcans \n\nCYATHEACEAE \n\nDICKSON IACEAE \n\nCulclta aacrocarpa \n\nHYMENOPHYLLACEAE \n\nHyaenophyllua aaderensls \nTrlchoaanes speclosua \n\nISOETACEAE \n\nIsoetes azorlca \nIsoetes boryana \nIsoetes nalInvernlana \n\nPodocarpus nerllfollus el *522 (III. NP) \n\nMelNltschla alrabllls el -381 (II) \n\nZAMIACEAE spp. el (II) \n\nCYATHEACEAE spp. el (II) \n\nDICKSONIACEAE spp. * el (II) \n\n\fAnnex A \n\n- 171 -\n\nAnnex B \n\nAnnex C \n\nLYCOPOOIACEAE \n\nMARSILEACEAE \n\nMarsllea azorlca \nMars I lea batardae \nMarsllea quadrlfolla \nMarsllea strlgosa \n\nOPHIOGLOSSACEAE \n\nBotrychlua s lap lex \nOphIogIossua poIyphy11ua \n\nLycopodlua spp. \u00ab1 \n\nBRYOPHYTA \n\nMUSC I \n\nLeucobryua glaucua el \n\n\fAnnex A \n\nAnnex B \n\nAnnex C \n\n- 172 -\n\nSphagnua pylaIssI \nTaylor Ia rudolphlana \nThaanobryua fernandesl \n\nSphagnun spp. * tl \n\nTHALLOPHYTA \n\nALGAE \n\nLICHENS \n\nLlthothaanlua corallolde el \nPhyaatholIthon calcareua el \n\nCladlna spp. el \n\n\f- 173 -\n\nANNEX D \n\nINTERPRETATION \n\n1. The symbol \"*\" against the name of a taxon Indicates that some species \n\nIn the named taxon are Included in Annex A and are excluded from Annex D \n\n2. The symbol \u2022*\u2022\" against the name of a taxon Indicates that some \n\nspecies In the named taxon are Included In Annex B and are excluded \n\nfrom Annex D. 3. The symbol \"-\" followed by a number placed against the name of a \n\nspecies or higher taxon denotes that the name of that species or taxon \n\nshall be Interpreted as follows : \n\n-485 Also referenced as Mytragyna ci I lata \n\n-486 Also referenced as Podocarpus blumei \n\n-487 Also referenced as Podocarpus amarus \n\n4. In respect of species of Fauna listed In Annex D, the provisions shall \n\nnot apply to any domestic forms and shall not apply to any specimens \n\nexcept the following: \n\nA. For Mammals. Birds. Reptiles and Amphibians; \n\n( I ) \n\n(II) \n\nLive specimens; \n\nWhole dead specimens, frozen, dried or preserved by chemicals, \n\nwhich externally resemble the complete body of the species \n\nconcerned; \n\n(III) \n\nThe whole or any part of or anything made wholly or partly from \n\nany tooth or tusk of any animal; \n\n\f- 174 -\n\n(Iv) \n\n(v) \n\nThe whole or any part of the horns or antlers of any animal; \n\nThe whole or any part of any raw hide or skin (with or without \n\nfur or hair) If fresh, salted, dried, pickled or limed and \n\nwhether or not splIt; \n\n(vl) \n\nThe whole or any part of any shell of any animal In the Order \n\nTestudlnes; \n\n(vii) \n\nCreams, oils, soup, meat or other foodstuffs, made from or \n\nderived from any animal In the following groups: \n\nOrder Testudlnes (turtles, tortoises and terrapins) \n\nOrder Marsupial la (marsupials) \n\nFamilies Otarlidae (eared seals) and Phocidae (true seals) In the \n\nOrder Plnnipedla \n\nOrder Lagomorpha (hares and rabbits) \n\nOrder Artlodactyla (even-toed ungulates) \n\nOrder Apodlformes (swifts etc. ) \n\nOrder Anura (frogs and toads); \n\nvlll) \n\nAny feather or feathers or any skin or any other part with \n\nfeathers on It of any bird or birds other than the downy feathers \n\nof any adult female of the species Somater la molisslma (eider \n\nduck) or the train of any adult male of the species Pavo \n\n(Ix) \n\n(x) \n\ncrlstatus (Indian peacock); \n\nAny egg, whether whole or blown; and \n\nThe casque, whether or not attached to the upper part of the \n\nbill, of any bird In the Order CoraclIformes (hornbllls etc). B. For Fish: \n\n(xl) \n\nAll live specimens; and \n\n(xli) \n\nAll specimens, live or dead, of species in the Family \n\nSyngnathldae (sea horses etc. ). C. For Invertebrates: \n\n(xli I) \n\nThe whole or any part of any external shell or skeleton, except \n\nfor fosslIs. - 175 -\n\n5. In respect of species of Flora listed In Annex D, the provisions shall \n\nnot apply to the following parts and derivatives which shall not be \n\nconsidered as specimens of species listed In Annex D : \n\nSeeds, spores, pollen, tissue cultures, fI asked seedling cultures, \n\nchemical derivatives, fruits and parts and derivatives thereof of \n\nartificially propagated plants, cut flowers of artificially propagated \n\nplants, manufactured products made from timber. - 176 -\n\nFAUNA \n\nVERTEBRATES \n\nMAMMALIA \n\nAll taxa not included in Annexes A, B and C except: \n\nOrvctolaous cunlculus domestic forms \nRattus norveolcus \nMus musculus \nMesocrlcetus auratus domestic forms \nCavla spp. domestic forms \nChinclila lanlger domestic forms \nC a ms fam| Marls \nMustela furp \nFelIs catus \nEouus cabalius \nE Q U US as I nus \nEouus cabal lus x AJLLDUS. Sus scrofa domestic forms \nLama clama \nLama pacos \nCamelus bactrlanus domestic forms \nCame lus dromedarlus \nCervus claohus eiaphus \nCervus dama dama \nCervus nippon \nCervus tlmprensls \nRanqtfer tarandus domestic forms \nBubalus bubal is \nBos taurus \nBos lndjcus \nBos frontal Is \nBos grunnlens domestic forms \nCaora h I reus domestic forms \nP Y IS arles \n\nAVES \n\nAll taxa not Included In Annexes A, B and C except: \n\nAnser anser domestic forms \nAnser cvgnoides domestic forms \nCalrlna tppschata domestic forms \nAnas platvrhvnchos domestic forms \n\n\f- 177 -\n\nGal lus gal lus \nPhaslanus colchlcus \nCoturnlx lappnlca \nExcalfactorla chlnensls \nNumlda meleagrls domestic forms \nMeleagrls oailopava domestic forms \nNvmphlcus hoi I andieus \nMelons Ittacus undulatua \nLonchura striata domestic forms \n\nREPTIUA \n\nAll taxa not listed In Annexes A, B and C \n\nAMPHIBIA \n\nAll taxa not listed In Annexes A, B and C \n\nPISCES \n\nAI I mar ine species \n\nINVERTEBRATES \n\nCNIDARIA \n\nANTHpZPA \n\nGORGONACEA \n\nCoral 11Idae \n\nCoral Ilum spp. MOLLUSCA \n\nGASTROPODA \n\nARCHAEOGASTROPODA \n\nTurbinIdae \n\nTurbo martnoratus \n\nMESOGASTROPODA \n\nStrombidae \n\nStrombus olaas \n\nECHINODERMATA \n\nECHINQIPA \nECHINOIDA \n\nEchlnldae \n\np?r?rftntrotus llvidus \n\n\f- 178 -\n\nFLORA \n\nSPERMArQPHYTA \n\nANGIQSPERMAE \n\nAgavaceae \n\nNo IIna spp. * \n\nAmary11Idaceae \n\nLoucolum spp. * \nNarcissus spp. */** \n\nAnacardiaceae \n\nDracontomelon dao \n\nApocynaceae \n\nAdenluin spp. Aspldosperma polvneuron \nHunter la eburnea \nStrophantus spp. Voacanqo africana \nVoacanga thouarsll \n\nAraceae \n\nArlsaema spp. Blarlum spp. Asclepladaceae \n\nBoraginaceae \n\nBrome Ilaceae \n\nBurseraceae \n\nDloscoreaceae \n\nDroseraceae \n\nEbenaceae \n\nBrachvstelma spp. FocKea spp. Cord I a m H en 11 \nCordla Platvthvrsa \n\nTl I lands la spp. Aucoumea klalneana \n\nDIoscorea elephantInes \n\nDlonaea musclnula \nDrosera spp. plospyros celeblca \nPlpspyros crasslflora \n\nPlospyros muni \nPlospyros phi Iloplnensls \nPlospyros j&llosanthera \n\n\f- 179 -\n\nEuphorblaceae \n\nMonadenlum spp. GuttI ferae \n\nAllanfrlacKla parvifIpra \nPentatfesma butyracea \n\nlr idaceae \n\nIris species of the section Qncocycius Including \n\nIris acutlloba \n\ns antIllpanoti\u00e7a \ns assadlana \ns atrpfusca \ns atrppurourea \ns auranltica \ns. barnumae \ns basaltlca \ns benlamlnlI \ns bigger I \ns blsmarklana \ns bpstrensis \ns cam I M ae \ns cedretlI \ns damascena \ns el Izafretfrae \ns ga 11es 11 \ns orosshelmlI \ns hauranensis \ns havne \ns hermpna \ns heylantilana \ns Iberlca \ns lordana \ns keredlensls \ns klrkwoodlI \ns lortetll \ns marlae \ns meda \ns nectarIfera \ns nigricans \ns naradoxa \ns petrana \ns samarlae \ns sari \ns schelkownllowlJ \ns sprenqerl \ns sus I ana \ns swensonlana \ns west 11 \n\nJuglandaceae \n\nJugIans neotropica \n\nLauraceae \n\nEus I deroxy Ion zmoejrJ \n\n\f- 180 -\n\nLegumlnosae \n\nAfzel la africana \nAfzella blplndensls \nAfzel la pachvloba \nAmburana cearensla \nCaesalDlnIa oaraauariensis \nCopalfera salikounda \nDalbergla spp. **. Grlffonla slmpliclfolla \nGulfrpurtla ehle \nHap IormosI a monophv11 a \nIntsla bl luoa \nIntsia palembanlca \nKoofflpassla malacccnsla \nMIcroberiInla blsculcnta \nM I c r o b e r i I n ia brazzaviMens \nM I M e t t la \nMpnppetalanthus h e t t z ll \nP e r l c o p s ls e l a ta \nPerlcppsls mopniana \nPterocarpus spp. Phvsostloma venenosum \nSwartzla flstulpldes \n\ni a u r e n t il \n\nLI Ilaceae \n\nAstroloba spp. Ervthronlum spp. F r m i i a r la spp. * \nGasterla spp. Hawprthla spp. LM lum s p p. ** \nMuscarl spp. * \nPoel I n l t z la spp. S c lI la s p p. * \nTrl11lum spp. Tu Ii pa spp. Mellaceae \n\nCedrela \nf I s s l l ls \nCedrela pdprata \nEntandrophraoma SPP. Guarea cedratn \nGuarea thompsonll \nKhaya SPP. Lovoa \nS w l e t e n la macrophvila \nS w l M e n la mahaoonl \nTurraeanthus afrlcanus \n\nt r l c h l i i o l d es \n\nOchnaceae \n\nLophira alata \nT\u00ab8tulea oabonensls \n\nPassifloraceae \n\nAjfenlfi. spp. Rosaceae \n\nprunus a f r i c a na \n\n\f- 181 -\n\nRublaceae \n\nCorvnanthe pachvceras \nHal lea ledermanniI -485 \nNauclea dlderrlchlI \nPauslnystalla Iphlmbe \n\nRutaceae \n\nBaifourodendron riedliianum \nChloroxvlon swletenla \n\nSapotaceae \n\nAningerla altlssima \nAutranella conaolensls \nBai I lone I la toxlsoerma \nTleohemella africana \nTleghemella heckelIi \n\nStercullaceae \n\nMansonla altlssima \nNesoaordonia oanaverlfera \nSterculla ppipnga \nTriplpchltpn sclerpxylpn \n\nThymelaeaceae \n\nAqul I aria malaccensls \nG o n v s t v l us bancanus \n\nVerbenaceae \n\nTectona spp. GYMNQSPERMAE \n\nAraucarlaceae \n\nAoathls S P P. Araucaria angustlfolla \n\nPodocarpaceae \n\nPacrydlum elatum \nNage I a walIIchlana -486 \nPodocarpus rumphil -487 \nPrumnopltvs amara \n\nPTERIDOPHYTA \n\nSe I agi ne Ilaceae \n\nSelaolnella Imbricata \nSelaglnella tftpldophvila \nSe I agi ne I la novoleonls \nS\u00abt\u00bbginftM\u00bb nlllfera \n\nTHALLQPHYTA \n\nLICHENS \n\nCctrarla spp. - 182 -\n\nAnnex E \n\n\f\f\f\fISSN 0254-1475 \n\nCOM (91) 448 final \n\nDOCUMENTS \n\nEN \n\n14 03 \n\nCatalogue number : CB-CO-91-540-EN-C \n\nISBN 92-77-78033-9 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/56678522-d9b5-424a-8915-778c1b08946b", "title": "Coping with social and economic change at neighbourhood level : An annotated bibliography.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Eurofound", "date": "1991-12-06", "subjects": "living conditions,urban construction,urban infrastructure", "workIds": "PUB_SY5689788", "eurovoc_concepts": ["living conditions", "urban construction", "urban infrastructure"], "url": "http://publications.europa.eu/resource/cellar/56678522-d9b5-424a-8915-778c1b08946b", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6dd4a565-37f5-4e16-a65b-a60377b030aa", "title": "Proposal for a COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2603/69 ESTABLISHING COMMON RULES FOR EXPORTS", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-06", "subjects": "European political cooperation,animal skin,export policy,export restriction,petroleum product", "workIds": "celex:51991PC0534,comnat:COM_1991_0534_FIN", "eurovoc_concepts": ["European political cooperation", "animal skin", "export policy", "export restriction", "petroleum product"], "url": "http://publications.europa.eu/resource/cellar/6dd4a565-37f5-4e16-a65b-a60377b030aa", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 534 final \n\nBrussels, 6 December 1991 \n\nProposal for a \n\nmi INC l L REfflH-ATION (EEC) \n\nAMENDING REGULATION (EEC) No 2803/69 \n\nESTABLISHING COMMON RULES FOR EXPORTS \n\n(presented by the Commission) \n\n\fEXPLANATORY MEMORANDUM \n\nIn line with the provisions of Part 3 of the EEC Treaty regarding a common \n\ncommercial policy, Council Regulation (EEC) No 2603/69 establishing common \n\nrules for exports1 laid down the principle of the freedom of exports \n\noriginating In the Community to third countries, subject to the exceptions \n\nprovided for in that Regulation. Council Regulation (EEC) No 1934/822 amending Regulation (EEC) No 2603/69 \n\nupdated the list of exceptions by abolishing some of the restrictions \n\nimposed by Member States and introducing exceptions regarding certain \n\npetroleum products. However, since the adoption of the amending Regulation, most Member States \n\nhave removed the remaining restrictions. In the light of the forthcoming \n\ncompletion of the single market, the maintenance of such restrictions is \n\nnot only a contradiction of all that the market stands for, but is also \n\nimpracticable In a Community without controls on goods at internal \n\nfrontiers. It seemed necessary to take account of this development. It is therefore proposed In this Regulation that the previous regulations \n\nbe brought up to date by the removal of almost all the restrictions still \n\nin force and the principle of total freedom established from \n\n31 December 1992. Until then a few restrictions of minor economic \n\nimportance shall be maintained. 1 \n\n2 \n\n0J No L 324, 27. 12. 1969, p. 25. OJ No L 211, 20. 7. 1982, p. 1. 3 \n\nPROPOSAL FOR A COUNCIL REGULATION \n\nAMENDING REGULATION (EEC) No 2603/69 \n\nESTABLISHING COMMON RULES FOR EXPORTS \n\nThe Council of the European Communities, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nand in particular Article 113 thereof, \n\nHaving regard to the instruments establishing common organization of \n\nagricultural markets and to the Instruments concerning processed \n\nagricultural products adopted In pursuance of Article 235 of the Treaty, in \n\nparticular the provisions of those instruments which allow for derogation \n\nfrom the general principle that quantitative restrictions or measures \n\nhaving equivalent effect may be replaced solely by measures provided for in \n\nthose same instruments; \n\nHaving regard to the proposal from the Commission, \n\nWhereas under Regulation (EEC) No 2603/69,1 as amended by Regulation (EEC) \n\nNo 1934/82,2 exports from the Community to third countries are free, that \n\nis not subject to any quantitative restrictions, subject to the exceptions \n\nprovided for In that Regulation and listed in the Annex thereto; \n\nWhereas since the adoption of that Regulation, the Member States have \n\nremoved most of the restrictions on exports of some products listed in that \n\nAnnex ; \n\nWhereas the Regulation should be updated accordingly; \n\n1 \n\n2 \n\nOJ No L 324, 27. 12. 1969, p. 25. OJ No L 211, 20. 7. 1982, p. 1. Whereas after 31 December 1992 the maintenance by Member States of \n\nquantitative restrictions would be Incompatible with the single market, \n\nwhich entails the abolition of goods controls at the Community's internal \n\nfront iers; \n\nWhereas Article 30, paragraph 5, of the Single European Act determines that \n\nthe external policies of the European Community and the policies agreed in \n\nEuropean Political Cooperation must be consistent; whereas, therefore, \n\nMember States may be allowed to maintain some restrictions on exports until \n\n31 December 1992, in particular on those exports for which restrictions \n\nhave been agreed In European Political Cooperation. Whereas It is necessary to authorize Member States which are bound by \n\ninternational commitments setting up a system for the allocation of oil \n\nproducts between contracting parties in cases of actual or potential supply \n\ndifficulties to comply with the resulting obligations vis-\u00e0-vis third \n\ncountries, without prejudice to Community provisions adopted to the same \n\nend; whereas this authorization should apply until the adoption by the \n\nCouncil of appropriate measures pursuant to commitments entered Into by the \n\nCommunity or all the Member States. HAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\nRegulation (EEC) No 2603/69 Is hereby amended as follows \n\nArticle 10 is replaced by the following: \n\n\f\" Article to \n\n1. Until 31 December 1992 the principle of the freedom of export as laid \n\ndown In Article 1 shall not apply: \n\n- to those products listed In the Annex 1 for the Member States \n\nmentioned therein, \n\n- nor to exports which are presently restricted by the Member States \n\npursuant to a decision taken In European Political Cooperation. 2. In respect of products listed in Annex 2, until such time as the \n\nCouncil adopts appropriate measures pursuant to international \n\ncommitments entered Into by the Community or all its Member States, \n\nMember states are authorised to implement, without prejudice to rules \n\nadopted by the Community In this field, the emergency sharing system \n\nIntroducing an allocation obligation vis-\u00e0-vis third countries \n\nprovided for in International commitments entered into before the \n\nentry into force of this Regulation. Member States shall inform the Commission of measures they envisage to \n\nadopt. The measures adopted shall be communicated by the Commission \n\nto the Council and other Member States. Article 2 \n\nThe Annex is replaced by Annexes 1 and 2 to this Regulation. \" \n\nArticle 3 \n\nThis Regulation shall enter into force on the third day following that of \n\nits publication In the Official Journal of the European Communities. This Regulation shall be binding in Its entirety and directly applicable in \n\na I I Member States. Done at Brussels, \n\nFor the Council \n\n\fANNEX 1 \n\nDescription \n\nCCT \n\nheading No \n\nMember \n\nState \n\napplying \n\nrestrlet ion \n\nex \n\n4101 10 \n\nWhole tildes or skins of bovine animals, Italy \n\nof a weight per skin not exceeding 8 kg \n\nwhen simply dried, 10 kg when dry-\n\nsalted, or 14 kg when fresh, wet-salted \n\nor otherwise preserved:: \n\nex \n\n4102 \n\nRaw skins of sheep or lambs (fresh, or Italy \n\nsalted, dried, limed, pickled or \n\notherwise preserved, but not tanned, \n\nparchment-dressed or further prepared), \n\nwhether or not with wool on or split, \n\nother than those excluded by note K b) \n\nor 1(c) to this chapter: \n\nex \n\n4102 10 \n\nWith wool on: \n\nex \n\n4102 10 90 \n\nOther \n\nex \n\n4102 29 00 \n\nWithout wool on, other \n\nFrance \n\nFrance \n\nFrance \n\n\f* \n\nex \n\n4103 10 \n\nOther raw hides and skins of goats or \n\nItaly \n\nkids (fresh, or salted, dried, limed, \n\npickled or otherwise preserved, but not \n\ntanned, parchment-dressed or further \n\nprepared), whether or not dehaired or \n\nsplit, other than those excluded by \n\nnote K b) or 1(c) to this chapter: \n\nex \n\n4301 20 00 \n\nRaw furskins (including heads, tails, \n\nItaly \n\npaws and other pieces or cuttings, \n\nsuitable for furriers' use), other than \n\nraw hides and skins of heading No 4101, \n\n4102 or 4103 of rabbit or hare, whole, \n\nwith or without head, tall or paws \n\n\f% \n\nANNEX 2 \n\n2709 00 \n\nPetroleum oiIs and oils obtained from bituminous minerals, \n\ncrude \n\n2710 00 \n\nPetroleum oils and oils obtained from bituminous minerals, \n\nother than crude-, preparations not elsewhere specified or \n\nincluded, containing not less than 70% by weight of petroleum \n\noils or of oils obtained from bituminous minerals, these oils \n\nbeing the basic constituents of the preparations: \n\n2710 00 11 to 2710 00 39 \n\nLight oils \n\n2710 00 41 to 2710 00 59 \n\nMedium oils \n\n2710 00 61 to 2710 00 99 \n\nHeavy oils except \n\nex 2710 00 91 to ex 2710 00 00 \n\nlubricating oils used \n\nin clocks and watches and the \n\nlike presented in small \n\nreceptacles containing not \n\nmore than 250 g net of oil. 2711 \n\nPetroleum gases and other gaseous hydrocarbons: \n\nLiquefied: \n\n2711 12 \n\nPropane: \nPropane of a purity not less than 99% \n\nOther \n\n2711 13 \n\nBjJlanfiS. : \n\nIn gaseous state: \n\nex 2711 29 00 \n\nOther: \n\n- Propane \n\n- Butanes \n\n\fKSN 0254-1475 \n\nCOM(91) 534 final \n\nDOCUMENTS \n\nEN \n\n02 \n\nCatalogue number : CB-CO-91-587-EN-C \n\nISBN 92-77-78827-5 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/945036a7-d0b0-4012-907c-fe27b7c2965c", "title": "WRITTEN QUESTION No. 2843/91 by Mr Peter CRAMPTON to the Commission. Fisheries: Closed areas", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CRAMPTON,European Parliament", "date": "1991-12-05", "subjects": "common fisheries policy,conservation of fish stocks,conservation of resources,fishery resources,fishing area", "workIds": "celex:91991E002843", "eurovoc_concepts": ["common fisheries policy", "conservation of fish stocks", "conservation of resources", "fishery resources", "fishing area"], "url": "http://publications.europa.eu/resource/cellar/945036a7-d0b0-4012-907c-fe27b7c2965c", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ec49c7b4-51e0-4848-86f0-19f2fb9b10ad", "title": "WRITTEN QUESTION No. 2832/91 by Mr Mauro CHIABRANDO to the Commission. Aid for industrial firms located in Modane", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CHIABRANDO,European Parliament", "date": "1991-12-05", "subjects": "Piedmont,Rh\u00f4ne-Alpes,frontier region,industrial conversion,industrial free zone,interest rate subsidy,location of industry,regional development,tax incentive,vocational retraining", "workIds": "celex:91991E002832", "eurovoc_concepts": ["Piedmont", "Rh\u00f4ne-Alpes", "frontier region", "industrial conversion", "industrial free zone", "interest rate subsidy", "location of industry", "regional development", "tax incentive", "vocational retraining"], "url": "http://publications.europa.eu/resource/cellar/ec49c7b4-51e0-4848-86f0-19f2fb9b10ad", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/15a45b92-ec41-41b1-9122-6e31934772da", "title": "WRITTEN QUESTION No. 2844/91 by Mr Peter CRAMPTON to the Commission. Dumping of old nuclear submarines at sea", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CRAMPTON,European Parliament", "date": "1991-12-05", "subjects": "United Kingdom,dumping of waste,international convention,marine pollution,pollution control measures,radioactive waste,submarine,warships", "workIds": "celex:91991E002844", "eurovoc_concepts": ["United Kingdom", "dumping of waste", "international convention", "marine pollution", "pollution control measures", "radioactive waste", "submarine", "warships"], "url": "http://publications.europa.eu/resource/cellar/15a45b92-ec41-41b1-9122-6e31934772da", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2a9e1e6f-f004-439d-83cf-07c711658dcd", "title": "WRITTEN QUESTION No. 2810/91 by Mr Christos PAPOUTSIS to the Commission. Conferring direct responsibility on the Prefecture of Evros for projects which have been included in the SPA programme", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PAPOUTSIS", "date": "1991-12-05", "subjects": "Greece,engineering structure,flood,public contract,regional planning,water management in agriculture", "workIds": "celex:91991E002810", "eurovoc_concepts": ["Greece", "engineering structure", "flood", "public contract", "regional planning", "water management in agriculture"], "url": "http://publications.europa.eu/resource/cellar/2a9e1e6f-f004-439d-83cf-07c711658dcd", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/496757ce-09c3-448c-9fee-85f7fc8a5739", "title": "WRITTEN QUESTION No. 2883/91 by Mr Gianfranco AMENDOLA to the Commission. Le Caravelle di Ceriale aquatic park in Liguria (Italy)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "AMENDOLA,European Parliament", "date": "1991-12-05", "subjects": "EU aid,Integrated Mediterranean Programmes,Liguria,bathing water,environmental impact,leisure park,sports facilities,terms for aid,tourist infrastructure,use of aid", "workIds": "celex:91991E002883", "eurovoc_concepts": ["EU aid", "Integrated Mediterranean Programmes", "Liguria", "bathing water", "environmental impact", "leisure park", "sports facilities", "terms for aid", "tourist infrastructure", "use of aid"], "url": "http://publications.europa.eu/resource/cellar/496757ce-09c3-448c-9fee-85f7fc8a5739", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a34d5317-067c-491c-a213-bf6c4a1c7c43", "title": "WRITTEN QUESTION No. 2854/91 by Mr Ernest GLINNE to the Commission. Drugs trafficking from the Dominican Republic", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,GLINNE", "date": "1991-12-05", "subjects": "Dominican Republic,EU aid,North-South relations,drug addiction,drug traffic,fourth Lom\u00e9 Convention", "workIds": "celex:91991E002854", "eurovoc_concepts": ["Dominican Republic", "EU aid", "North-South relations", "drug addiction", "drug traffic", "fourth Lom\u00e9 Convention"], "url": "http://publications.europa.eu/resource/cellar/a34d5317-067c-491c-a213-bf6c4a1c7c43", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6691b196-e3eb-4a24-b800-6c51a48b9394", "title": "WRITTEN QUESTION No. 2806/91 by Mr Yves VERWAERDE to the Commission. Use of subcontracting in the Commission' s translation service", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,VERWAERDE", "date": "1991-12-05", "subjects": "European Commission,data recording,statistics,subcontracting,translation", "workIds": "celex:91991E002806", "eurovoc_concepts": ["European Commission", "data recording", "statistics", "subcontracting", "translation"], "url": "http://publications.europa.eu/resource/cellar/6691b196-e3eb-4a24-b800-6c51a48b9394", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/599c3eb5-41f9-4120-991c-bba165970627", "title": "WRITTEN QUESTION No. 2853/91 by Mr Freddy BLAK to the Council. The killing of birds in southern Europe", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "BLAK,European Parliament", "date": "1991-12-05", "subjects": "Southern Europe,hunting regulations,international trade,marketing,protected species,protection of animal life,protection of animals,slaughter of animals,wildlife", "workIds": "celex:91991E002853", "eurovoc_concepts": ["Southern Europe", "hunting regulations", "international trade", "marketing", "protected species", "protection of animal life", "protection of animals", "slaughter of animals", "wildlife"], "url": "http://publications.europa.eu/resource/cellar/599c3eb5-41f9-4120-991c-bba165970627", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/015d6f71-318f-4024-993b-a57461da922b", "title": "WRITTEN QUESTION No. 2891/91 by Mrs Christine ODDY to the Commission. Apartment complex in Tenerife", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Provisional data", "date": "1991-12-05", "subjects": "Canary Islands,indebtedness,multi-storey dwelling,property development,seizure of goods", "workIds": "celex:91991E002891", "eurovoc_concepts": ["Canary Islands", "indebtedness", "multi-storey dwelling", "property development", "seizure of goods"], "url": "http://publications.europa.eu/resource/cellar/015d6f71-318f-4024-993b-a57461da922b", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/e75eb000-ba42-4672-b3b0-4be949c1279d", "title": "WRITTEN QUESTION No. 2886/91 by Mrs Maria SANTOS to the Commission. Ecological disaster at the Maranh\u00e3o Dam in Avis -Portugal", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SANTOS", "date": "1991-12-05", "subjects": "Alentejo,degradation of the environment,engineering structure,environmental impact,fish,impact study,maintenance,man-made disaster,water pollution", "workIds": "celex:91991E002886", "eurovoc_concepts": ["Alentejo", "degradation of the environment", "engineering structure", "environmental impact", "fish", "impact study", "maintenance", "man-made disaster", "water pollution"], "url": "http://publications.europa.eu/resource/cellar/e75eb000-ba42-4672-b3b0-4be949c1279d", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2ce190b2-dbcf-4361-aa30-3cc477fdc24e", "title": "WRITTEN QUESTION No. 2814/91 by Mr Sotiris KOSTOPOULOS to the Commission. Development of woodland by building cooperatives", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,KOSTOPOULOS", "date": "1991-12-05", "subjects": "Greece,building plot,competence of the Member States,environmental protection,forest,wooded area", "workIds": "celex:91991E002814", "eurovoc_concepts": ["Greece", "building plot", "competence of the Member States", "environmental protection", "forest", "wooded area"], "url": "http://publications.europa.eu/resource/cellar/2ce190b2-dbcf-4361-aa30-3cc477fdc24e", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a40bb67f-ac9b-4d2b-a912-48222ecd20a9", "title": "Proposal for a COUNCIL DECISION concerning the conclusion of an Agreement in the form of an Exchange of Letters relating to the amendment of the Convention of 20 May 1987 on a common transit procedure", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_other,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-05", "subjects": "ACP-EU Convention,EFTA countries,agreement (EU),carriage of goods,customs transit", "workIds": "celex:51991PC0490,comnat:COM_1991_0490_FIN", "eurovoc_concepts": ["ACP-EU Convention", "EFTA countries", "agreement (EU)", "carriage of goods", "customs transit"], "url": "http://publications.europa.eu/resource/cellar/a40bb67f-ac9b-4d2b-a912-48222ecd20a9", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMVIUNITIES \n\nCOM(91)490 final \n\nBrussels, 5 December 1991 \n\nProposal for a, \n\nCOUNCIL DECISION \n\nconcerning the conclusion of an Agreement \n\nIn the form of an Exchange of Letters \n\nrelating to the amendment of the Convention \n\nof 20 May 1987 on a common transit procedure \n\n(presented by the Commission) \n\n\f-a \n\nEXPLANATORY MEMORANDUM \n\nSubject : \" \n\nproposal for a Council Decision concerning the conclusion \n\nof an agreement in the form of an exchange of letters in respect \n\nof recommandation No 1/91 of the EEC-EFTA Joint Committee on \n\ncommon transit relating to the amendment of the Convention of the \n\n20th May 1987 on a common transit procedure. 1. The Convention of the 20th May 1987 put into effect most of the rules \n\nof the Community Transit System which relate to trade between the \n\nCommunity and the EFTA countries and between those countries \n\nthemselves. 2. In Regulation (EEC) No 2726/90 of 17. 9. 90 (OJ No L 262 of 26. 9. 1990), \n\nthe Council introduced to these rules the amendments necessary for \n\nthe realisation of the internal market on 1. 1. 1993. 3. It is now, therefore, considered appropriate to amend the Convention \n\nin order to take account of these reforms. 4. Such is the objective of Recommendation No 1/91 which the EEC-EFTA-\n\nJoint Committee adopted formally at its forth meeting which was held \n\nin Helsinki on 19. 9. 1991. 5. It is essential that this Recommendation 1/91 be accepted by means of \n\nan agreement concluded in the form of an exchange of letters between \n\nthe contracting parties to the Convention. 6. This agreement must be approved on behalf of the Community by a \n\nCouncil decision, the proposal for which is attached. -* \n\n-\n\nProposal for a Council Decision \n\nconcerning the conclusion of an Agreement \n\nIn the form of an Exchange of Letters \n\nrelating to the amendment of the Convention \n\nof 20 May 1987 on a common transit procedure \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \n\nCommunity, and in particular Article 113 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas Article 15(2) of the Convention between the European Economic \n\nCommunity, the Republic of Austria, the Republic of Finland, the \n\nRepublic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and \n\nthe Swiss Confederation on a common transit procedure1 empowers the \n\nJoint Committee set up by that Convention to make recommendations for \n\namendments to the Convention; \n\nWhereas the Convention has been amended to take account of recent \n\nchanges to Community transit rules forming part of the reforms to that \n\nprocedure in the light of the completion of the internal market by \n\n1 January 1993; \n\nWhereas the amendments to the Convention are set out in the Joint \n\nCommittee's Recommendation No 1/91; whereas the Agreement in the form \n\nof an Exchange of Letters relating to that recommendation should be \n\napproved; \n\n1 0J No L 226, 13. 8. 1987, p. 1. -A \n\nHAS DECIDED AS FOLLOWS: \n\nArticle 1 \n\nThe Agreement in the form of an Exchange of Letters relating to the \n\namendment of the Convention of 20 May 1987 on a common transit \n\nprocedure is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2 \n\nThe President of the Council is hereby authorized to designate the \n\nperson empowered to sign the Agreement in order to bind the Community \n\nDone at Brussels, \n\nFor the CounciI \n\nThe President \n\n\f- r-\n\nAGREEMENT \n\nin the form of an Exchange of Letters relating to the amendment of the \n\nConvention between the European Economic Community, the Republic of \n\nAustria, the Republic of Finland, the Republic of Iceland, the Kingdom \n\nof Norway, the Kingdom of Sweden and the Swiss Confederation on a \n\ncommon transit procedure \n\nSir, \n\nIn its Recommendation No 1/91 of 19 September 1991, the EEC-EFTA Joint \n\nCommittee on common transit proposed a number of amendments to the \n\nEEC-EFTA Convention of 20 May 1987 on a common transit procedure. The \n\nproposed amendments are set out in the Annex. I have the honour to confirm that the Community is in agreement with \n\nthose amendments and I propose that, subject to any change which may be \n\nmade, they come into force on 1 January 1993. I should be obliged if \n\nyou would confirm that the Government of. is in agreement with the \n\namendments and the proposed date on which they are to enter into force. Please accept, Sir, the assurance of my highest consideration. On behalf of the Council \n\nof the European Communities \n\n\f-6-\n\nBrussels, \n\nSir, \n\nI have the honour to acknowledge receipt of your letter which reads as \n\nfo11ows: \n\n\"In its Recommendation No 1/91 of 19 September 1991, the EEC-EFTA Joint \n\nCommittee on common transit proposed a number of amendments to the \n\nEEC-EFTA Convention of 20 May 1987 on a common transit procedure. The \n\nproposed amendments are set out in the Annex. I have the honour to confirm that the Community is in agreement with \n\nthose amendments and I propose that, subject to any change which may be \n\nmade, they come into force on 1 January 1993. I should be obliged if \n\nyou would confirm that the Government of. is in agreement with the \n\namendments and the proposed date on which they are to enter into \n\nforce. \" \n\nI have the honour to confirm that the Government of. is in agreement \n\nwith the contents of your letter and on the proposed date on which the \n\namendments are to enter into force. Please accept, Sir, the assurance of my highest consideration. For the Government \n\n\f-f-\n\nof the EEC-EFTA Joint Committee on Common Transit \n\nRecommendation No 1/91 \n\nof \n\nfor the amendment of the Convention \n\nof 20 May 1987 \n\non a common transit procedure \n\nTHE JOINT COMMITTEE, \n\nHaving regard to the Convention of 20 May 1987 on a common transit \n\nprocedure, and in particular Article 15(2)(a) thereof, \n\nWhereas the Convention of the 20 May 1987 gave effect to the Commun icty \n\nTransit rules on trade between the Community and the EFTA countries and \n\nbetween those countries themselves; \n\nWhereas substantial changes have recently been made to the basic provisions \n\nof the Commmunity Transit system in operation within the European Economic \n\nCommunity with a view to the achievement of the internal market on \n\n1. 1. 1993; whereas steps should accordingly be taken to modify the \n\nConvent ion; \n\nWhereas it is considered necessary to arrange for the simultaneous entry \n\ninto force of these modifications and of the changes in the Community \n\nTransit system; \n\nHEREBY RECOMMENDS that the Contracting Parties to the Convention: \n\namend it, with effect from 1. 1. 1993 along the lines set out in the \n\nproposal annexed to this Recommendation, \n\nreview, before 1 November 1992, this Recommendation on the basis of \n\na report from the Commission of the European Communities on the \n\nharmonization of provisions on the achievement of the internal \n\nmarket. - \u00bb-\n\ninform each other, by means of an exchange of letters, of their \n\nacceptance of this Recommendation. Done at Helsinki, 19 September 1991. For the Joint Committee \n\nThe Chairman \n\n\f- y-\n\nProposed amendment to the Convention \n\nbetween the European Economic Community, \n\nthe Republic of Austria, the Republic of Finland, the Republic of Iceland, \n\nthe Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation \n\non a common transit procedure \n\nThe Convention between the European Economic Community, the Republic of \n\nAustria, the Republic of Finland, the Republic of Iceland, the Kingdom of \n\nNorway, the Kingdom of Sweden and the Swiss Confederation is amended as \n\nfol lows: \n\nA. Article 2 is replaced by the following text: -\n\n\"Article 2 \n\n1. The common transit procedure shall hereinafter be described as the T1 \n\nprocedure or the T2 procedure, as the case may be. 2. The T1 procedure may be applied to any goods carried in accordance \n\nwith Article 1, paragraph 1. 3. The T2 procedure shall apply to goods carried in accordance with \n\nArticle 1, paragraph 1: \n\n(a) in the Community: \n\nonly when the goods are Community goods. By \"Community goods\" \n\nis meant goods: \n\nentirely obtained in the customs territory of the Community \n\nwithout the addition of goods from third countries or \n\nterritories which are not part of the customs territory of \n\nthe Community. -40-\n\nfrom countries or territories not forming part of the customs \n\nterritory of the Community which have been released for free \n\ncirculation in a Member State. obtained in the customs territory of the Community from goods \n\nreferred to either exclusively in the second indent or in the \n\nfirst and second indents. However, without prejudice to this Convention, or to other \n\nAgreements concluded by the Community, goods which, although \n\nfulfilling the conditions laid down in one of the preceding \n\nthree indents, are reintroduced into the customs territory of \n\nthe Community after being exported outside that territory \n\nshall be deemed not to be Community goods. (b) in an EFTA country: \n\nonly when the goods have arrived in that EFTA country under the \n\nT2 procedure and are reconsigned under the special conditions \n\nlaid down in Article 9 be Iow. 4. The special conditions laid down in this Convention in respect of \n\nplacing goods under the T2 procedure shall apply also to the issue of \n\ndocuments certifying the Community status of goods and goods covered \n\nby such a document shall be treated in the same way as goods carried \n\nunder the T2 procedure, except that the document certifying the \n\nCommunity status of the goods need not accompany them. \" \n\n\f-41-\n\nB. Article 3 is replaced by the following text:-\n\n\"ArticlQ 3 \n\n1. For the purposes of this Convention, the term: \n\n(a) \"transit\" shall mean a procedure under which goods are carried \n\nunder the control of the competent authorities from one office of \n\na Contracting Party to another office of the same Contracting \n\nParty or that of another Contracting Party over at least one \n\nfrontier; \n\n(b) \"country\", shall mean any EFTA country and any Member State of \n\nthe Community; \n\n(c) \"third country\" shall mean any State which is neither an EFTA \n\ncountry nor a Member State of the Community. 2. In the application of the rules laid down in this Convention for the \n\nT1 or T2 procedure, the EFTA countries and the Community and its \n\nMember States shall have the same rights and obligations. \" \n\nC. Article 4 is replaced by the following text:-\n\n\"Article 4 \n\n1. This Convention shall be without prejudice to the application of any \n\nother international agreement concerning a transit procedure, subject \n\nto any limitations to such application in respect of the carriage of \n\ngoods from one point in the Community to another point in the \n\nCommunity and to any limitations on the issue of documents certifying \n\nthe Community status of goods. -41-\n\n2. This Convention shall be without prejudice also to: \n\n(a) movements of goods under a temporary admission procedure; \n\nand \n\n(b) agreements concerning frontier traffic. \" \n\nD. Article 6 is replaced by the following text:-\n\n\"Article 6 \n\nProvided that the implementation of any measures applicable to the goods is \n\nensured, countries may, within the T1 or T2 procedure, introduce among \n\nthemselves simplified procedures, by means of bilateral or multilateral \n\nagreements, which shall conform to criteria to be laid down , where \n\nnecessary, in Appendix II and which shall be applicable to certain types of \n\ntraffic or to designated undertakings. Such agreements shall be communicated to the Commission of the European \n\nCommunities and to the other countries. \" \n\nImplementation of the transit procedure \n\nE. Article 7 is replaced by the following text:-\n\n\"Article 7 \n\n1. Subject to any special provisions of this Convention, the competent \n\noffices of the EFTA countries are empowered to assume the functions \n\nof offices of departure, offices of transit, offices of destination \n\nand offices of guarantee. 2. The competent offices of the Member States of the Community shall be \n\nempowered to issue T1 or T2 documents for transit to an office of \n\ndestination situated in an EFTA country. Subject to any special \n\nprovisions of this Convention, they shall also be empowered to issue, \n\nfor goods consigned to an EFTA country, documents certifying the \n\nCommunity status of those goods. - 4 3-\n\n3. Where several consignments of goods are grouped together and loaded \n\non a single means of transport, within the meaning of Article 12, \n\nparagraph 2, of Appendix I, and are dispatched as a consolidated load \n\nby one principal in a single T1 or T2 operation, from one office of \n\ndeparture to one office of destination for delivery to one consignee, \n\na Contracting Party may require that those consignments shall, save \n\nin exceptional, duly Justified cases, be included in one single T1 or \n\nT2 declaration with the corresponding loading lists. 4. Notwithstanding the requirement for the Community status of goods to \n\nbe certified where applicable, a person completing export formalities \n\nat the frontier customs office of a Contracting Party shall not be \n\nrequired to place the goods consigned under the T1 or the T2 \n\nprocedure, irrespective of the customs procedure under which the \n\ngoods will be placed at the neighbouring frontier customs office. 5. Notwithstanding the requirement for the Community status of goods to \n\nbe certified where applicable, the frontier customs office of the \n\nContracting Party where export formalities are completed may refuse \n\nto place the goods under the T1 or T2 procedure if that procedure is \n\nto end at the neighbouring frontier customs office. \" \n\nF. Article 9 is replaced by the following text:-\n\n\"Article 9 \n\n1. Goods which are brought into an EFTA country under the T2 procedure \n\nand may be reconsigned under that procedure shall remain at all times \n\nunder the control of the customs authorities of that country to \n\nensure that there is no change in their identity or state. -4h-\n\n2. Where such goods are reconsigned from an EFTA country after having \n\nbeen placed, in that EFTA country, under a customs procedure other \n\nthan a transit or a warehousing procedure, no T2 procedure may be \n\napplled. This provision shall, however, not apply to goods which are admitted \n\ntemporarily to be shown at an exhibition, fair or similar public \n\ndisplay and which have received no treatment other than that needed \n\nfor their preservation in their original state or for splitting up \n\nconsignments. 3. Where goods are reconsigned from an EFTA country after storage under \n\na warehousing procedure, the T2 procedure may be applied only on the \n\nfollowing conditions: \n\nthat the goods have not been warehoused over a period exceeding \n\nfive years; however, as regards goods falling within Chapters 1 \n\nto 24 of the Nomenclature for the Classification of Goods in \n\nCustoms Tariffs (International Convention on the Harmonized \n\nCommodity Description and Coding System of 14 June 1983), that \n\nperiod shall be limited to six months, \n\nthat the goods have been stored in special spaces and have \n\nreceived no treatment other than that needed for. their \n\npreservation in their original state, or for splitting up \n\nconsignments without replacing the packaging; \n\nthat any treatment has taken place under customs supervision. -49-\n\nAny T2 document or any document certifying the Community status of \n\ngoods issued by a competent office of an EFTA country shall bear a \n\nreference to the corresponding T2 document or document certifying the \n\nCommunity status of goods under which the goods arrived in that EFTA \n\ncountry and shall \n\ninclude all special endorsements appearing \n\nthereon. \" \n\nArticle 10 is replaced by the following text:-\n\n\"Article 10 \n\nExcept where otherwise provided for in paragraph 2 below or in the \n\nAppendices, any T1 or T2 operation shall be covered by a guarantee \n\nvalid for all Contracting Parties involved in that operation. The provisions of paragraph 1 shall not prejudice the right: \n\n(a) of Contracting Parties to agree among themselves that the \n\nguarantee shall be waived for T1 or T2 operations involving only \n\ntheir territories; \n\n(b) of a Contracting Party not to require a guarantee for the part of \n\na T1 or T2 operation between the office of departure and the \n\nfirst office of transit. -u-\n\nFor the purposes of the flat rate guarantee as provided for in \n\nAppendices I and II, the \"ecu\" means the total of the following \n\namounts: \n\n0,6242 \n\nGerman mark \n\n0,08784 \n\nPound sterIing \n\n1,332 \n\nFrench francs \n\n151,8 \n\nItalian lira \n\n0,2198 \n\nDutch guiIder \n\n3,301 \n\n0,130 \n\nBelgian francs \n\nLuxembourg franc \n\n0,1976 \n\nDanish krone \n\n0,008552 \n\nIrish pound \n\n1,440 \n\n6,885 \n\n1,393 \n\nGreek drachmas \n\nSpanish pesetas \n\nPortuguese escudos \n\nThe value of the ecu in a given currency shall be equal to the sum of \n\nthe exchange values in that currency of the amounts set out in the \n\nfirst sub-paragraph. \" \n\nArticle 11 is replaced by the following text:-\n\n\"Article 11 \n\nAs a general rule, identification of the goods shall be ensured by \n\nsealing. The following shall be sealed: \n\n(a) the space containing the goods, when the means of transport has \n\nalready been approved under other regulations or recognized by \n\nthe office of departure as suitable for sealing; \n\n(b) each individual package in other cases. -4> \n\n3. Means of transport may be recognized as suitable for sealing on \n\ncondition that: \n\n(a) seals can be simply and effectively affixed to them; \n\n(b) they are so constructed that no goods can be removed or \n\nintroduced without leaving visible traces of tampering or without \n\nbreaking the seals; \n\n(c) they contain no concealed spaces where goods may be hidden; \n\n(d) the spaces reserved for the load are readily accessible for \n\ninspection by the competent authorities. 4. The office of departure may dispense with sealing if, having regard \n\nto other possible measures for identification, the description of the \n\ngoods in the T1 or T2 declaration or in the supplementary documents \n\nmakes them readily identifiable. \" \n\nI. In the German version, at Article 12/1 (a) and (b) the word \n\n\"GrenzUbergangsstelle\" \n\nis \n\nreplaced \n\nby \n\nthe \n\nword \n\n\"DurchgangszolIstelle\". J. Article 13 is replaced by the following text:-\n\n\"Article 13 \n\n1. The competent authorities of the countries concerned shall furnish \n\neach other with any information at their disposal which is of \n\nimportance in order to verify the proper application of this \n\nConvent ion. 2. Where necessary, the competent authorities of the countries concerned \n\nshall communicate to one another all findings, documents, reports, \n\nrecords of proceedings and information relating to transport \n\noperations carried out under the T1 or T2 procedure as well as to \n\nirregularities or infringements in connection with such operations. -4e-\n\nFurthermore, where necessary, they shall communicate to one another \n\nall findings relating to goods in respect of which mutual assistance \n\nis provided for and which have been subject to a customs warehousing \n\nprocedure. Where irregularities or infringements are suspected in connection \n\nwith goods which have been brought into one country from another \n\ncountry or have passed through a country or have been stored under a \n\nwarehousing procedure, the competent authorities of the countries \n\nconcerned shall on request communicate to one another all information \n\nconcerning: \n\n(a) the conditions under which those goods were carried: \n\nwhatever the way in which they were reconsigned, where they \n\narrived in the country to which the request is addressed \n\nunder cover of a T1 or T2 document or a document certifying \n\nthe Community status of the goods, or \n\nwhatever the way in which they arrived, where they were \n\nreconsigned from the country to which the request is \n\naddressed under cover of a T1 or T2 document or a document \n\ncertifying the Community status of the goods; \n\n(b) the conditions of any warehousing of those goods where they \n\narrived in the country to which the request is addressed under \n\ncover of a T2 document or a document certifying the Community \n\nstatus of the goods or where they were reconsigned from that \n\ncountry under cover of a T2 document or a document certifying the \n\nCommunity status of the goods. 4. Any request made under paragraphs 1 to 3 shall specify the case or \n\ncases to which it refers. - - f f-\n\n5. If the competent authority of a country requests assistance which it \n\nwould not be able to give if requested, it will draw attention to \n\nthat fact in the request. Compliance with such a request will be \n\nwithin the discretion of the competent authority to whom the request \n\nis made. 6. Information obtained in accordance with paragraphs 1 to 3 shall be \n\nused solely for the purpose of this Convention and shall be accorded \n\nthe same protection by a receiving country as is afforded to \n\ninformation of like nature under the national law of that country. Such information may be used for other purposes only with the written \n\nconsent of the competent authority which furnished it and subject to \n\nany restrictions laid down by that authority. \" \n\n\flo-\n\nCOMMISSION STATEMENT CONCERNING \n\nIMPACT ON ECONOMIC ACTIVITY \n\nSubject: \n\nproposal for a Council decision concerning the conclusion \n\nof an agreement by an exchange of letters relating to an \n\namendment to the Convention of 20 May 1987 on Common transit. The agreement by exchange of letters which is the subject of this \n\nproposed Council decision relates to the acceptance of Recommendation \n\n1/91 adopted by the Joint EEC/EFTA Committee on Common transit on \n\n19. 9. 91. This Recommendation amends the EEC/EFTA Convention on Common \n\ntransit in such a way as to make the necessary amendments following \n\nthe recently introduced modifications to the Community Transit regime \n\nin the light of the completion of the internal market on 1. 1. 93, \n\nwhich involves an area without internal borders and within which in \n\nparticular the free circulation of goods is guaranteed. It should be noted that the said Convention does constitute in itself \n\na measure of harmonisation and simplification in trade between the \n\nCommunity and the EFTA countries and is intended to promote economic \n\nactivity between the Parties. This agreement on Recommendation 1/91 follows the same line in \n\nimproving EEC/EFTA trade procedures and will have therefore a \n\npositive economic impact. BSN 0254-1475 \n\nCOM(91) 490 final \n\nDOCUMENTS \n\nEN \n\n07 \n\nCatalogue number : CB-CO-91-545-EN-C \n\nISBN 92-77-78116-5 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/05bf2bff-048f-416e-9851-56ba7f46faa0", "title": "WRITTEN QUESTION No. 2820/91 by Mr Thomas MEGAHY to the Commission. Fraudulent labelling of garments", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MEGAHY", "date": "1991-12-05", "subjects": "application of EU law,carpet,clothing,fraud,labelling,marketing standard,wool", "workIds": "celex:91991E002820", "eurovoc_concepts": ["application of EU law", "carpet", "clothing", "fraud", "labelling", "marketing standard", "wool"], "url": "http://publications.europa.eu/resource/cellar/05bf2bff-048f-416e-9851-56ba7f46faa0", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/bb124b3a-ea95-4794-9e18-43c7500a2998", "title": "WRITTEN QUESTION No. 2845/91 by Mr Peter CRAMPTON to the Commission. Fisheries: Minimum crab landing size", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CRAMPTON,European Parliament", "date": "1991-12-05", "subjects": "common fisheries policy,conservation of fish stocks,crustacean,marketing standard,quantity of fish landed", "workIds": "celex:91991E002845", "eurovoc_concepts": ["common fisheries policy", "conservation of fish stocks", "crustacean", "marketing standard", "quantity of fish landed"], "url": "http://publications.europa.eu/resource/cellar/bb124b3a-ea95-4794-9e18-43c7500a2998", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/30836f17-9605-4d80-94dd-c8607f319854", "title": "WRITTEN QUESTION No. 2869/91 by Mr John CUSHNAHAN to the Commission. European Economic Area Agreement", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CUSHNAHAN,European Parliament", "date": "1991-12-05", "subjects": "EFTA,European integration,economic agreement,economic integration,economic priority,financing method,regional aid,regional development", "workIds": "celex:91991E002869", "eurovoc_concepts": ["EFTA", "European integration", "economic agreement", "economic integration", "economic priority", "financing method", "regional aid", "regional development"], "url": "http://publications.europa.eu/resource/cellar/30836f17-9605-4d80-94dd-c8607f319854", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f23c9fb7-7079-449e-a131-01d4583f4fab", "title": "WRITTEN QUESTION No. 2867/91 by Mr John CUSHNAHAN to the Commission. European transport policy", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CUSHNAHAN,European Parliament", "date": "1991-12-05", "subjects": "Structural Funds,Treaty on European Union,common transport policy,less-favoured region,peripheral region,single market,transport infrastructure,transport network", "workIds": "celex:91991E002867", "eurovoc_concepts": ["Structural Funds", "Treaty on European Union", "common transport policy", "less-favoured region", "peripheral region", "single market", "transport infrastructure", "transport network"], "url": "http://publications.europa.eu/resource/cellar/f23c9fb7-7079-449e-a131-01d4583f4fab", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ec28ce56-675c-4524-a2e7-56327bd509b7", "title": "WRITTEN QUESTION No. 2868/91 by Mr John CUSHNAHAN to the Commission. Proposed ' RETEX' initiative", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CUSHNAHAN,European Parliament", "date": "1991-12-05", "subjects": "Central Portugal,European Regional Development Fund,industrial conversion,less-favoured region,modernisation of industry,priority region,textile industry", "workIds": "celex:91991E002868", "eurovoc_concepts": ["Central Portugal", "European Regional Development Fund", "industrial conversion", "less-favoured region", "modernisation of industry", "priority region", "textile industry"], "url": "http://publications.europa.eu/resource/cellar/ec28ce56-675c-4524-a2e7-56327bd509b7", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/5adbe56d-9a2c-4094-a96c-fd3fd2b89f13", "title": "WRITTEN QUESTION No. 2881/91 by Mr Willi ROTHLEY to the Commission. Protection of legal rights following road accidents", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,ROTHLEY", "date": "1991-12-05", "subjects": "access to information,insurance indemnity,motor vehicle insurance,personal accident insurance,third-party insurance,transport accident,travel,vehicle documents", "workIds": "celex:91991E002881", "eurovoc_concepts": ["access to information", "insurance indemnity", "motor vehicle insurance", "personal accident insurance", "third-party insurance", "transport accident", "travel", "vehicle documents"], "url": "http://publications.europa.eu/resource/cellar/5adbe56d-9a2c-4094-a96c-fd3fd2b89f13", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/554f0f78-e1cc-4593-a95b-7f38bd6e3031", "title": "WRITTEN QUESTION No. 2827/91 by Mr Filippos PIERROS to the Commission. Insurance for AIDS sufferers in the Community", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PIERROS", "date": "1991-12-05", "subjects": "AIDS,France,approximation of laws,competence of the Member States,equal treatment,social assistance,social security", "workIds": "celex:91991E002827", "eurovoc_concepts": ["AIDS", "France", "approximation of laws", "competence of the Member States", "equal treatment", "social assistance", "social security"], "url": "http://publications.europa.eu/resource/cellar/554f0f78-e1cc-4593-a95b-7f38bd6e3031", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9b7f0f86-9073-48b6-a9fe-989d7c00466b", "title": "Chapters 1 to 49.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-05", "subjects": "EU law,common customs tariff,countervailing charge,customs territory (EU),customs union,suspension of customs duties,tariff nomenclature,tariff preference,tariff quota", "workIds": "PUB_CQ6791002", "eurovoc_concepts": ["EU law", "common customs tariff", "countervailing charge", "customs territory (EU)", "customs union", "suspension of customs duties", "tariff nomenclature", "tariff preference", "tariff quota"], "url": "http://publications.europa.eu/resource/cellar/9b7f0f86-9073-48b6-a9fe-989d7c00466b", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b0642716-c622-4fc6-bc59-69ac4e841a53", "title": "Vocational guidance and counselling for adults in the United Kingdom, particularly the long-term unemployed.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Cedefop,European Commission", "date": "1991-12-05", "subjects": "United Kingdom,adult education,fight against unemployment,vocational training", "workIds": "PUB_HX5689813", "eurovoc_concepts": ["United Kingdom", "adult education", "fight against unemployment", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/b0642716-c622-4fc6-bc59-69ac4e841a53", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a0af2f98-c528-4606-aae4-a7dfa53b11d9", "title": "Chapters 50 to 97.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-05", "subjects": "EU law,common customs tariff,countervailing charge,customs territory (EU),customs union,suspension of customs duties,tariff nomenclature,tariff preference,tariff quota", "workIds": "PUB_CQ6791003", "eurovoc_concepts": ["EU law", "common customs tariff", "countervailing charge", "customs territory (EU)", "customs union", "suspension of customs duties", "tariff nomenclature", "tariff preference", "tariff quota"], "url": "http://publications.europa.eu/resource/cellar/a0af2f98-c528-4606-aae4-a7dfa53b11d9", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4cdf798b-2775-405b-b926-d4d832288ff4", "title": "WRITTEN QUESTION No. 2834/91 by Mr Hemmo MUNTINGH to the Commission. Processing and storage of jarosite by the firm Budelco (Netherlands)", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MUNTINGH", "date": "1991-12-05", "subjects": "Netherlands,electrical process,environmental protection,financial instrument,industrial building,industrial waste,non-ferrous metal,storage of waste,waste recycling", "workIds": "celex:91991E002834", "eurovoc_concepts": ["Netherlands", "electrical process", "environmental protection", "financial instrument", "industrial building", "industrial waste", "non-ferrous metal", "storage of waste", "waste recycling"], "url": "http://publications.europa.eu/resource/cellar/4cdf798b-2775-405b-b926-d4d832288ff4", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/63f2916c-280b-4698-b16d-7b5ff05b2d39", "title": "WRITTEN QUESTION No. 2825/91 by Mr Filippos PIERROS to the Commission. The single market in gambling", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PIERROS", "date": "1991-12-05", "subjects": "State aid,approximation of laws,competition,free movement of capital,freedom to provide services,game of chance,right of establishment,single market", "workIds": "celex:91991E002825", "eurovoc_concepts": ["State aid", "approximation of laws", "competition", "free movement of capital", "freedom to provide services", "game of chance", "right of establishment", "single market"], "url": "http://publications.europa.eu/resource/cellar/63f2916c-280b-4698-b16d-7b5ff05b2d39", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/90aa8f28-277c-4cac-b96d-0c8a8648097f", "title": "Amendment to the proposal for a COUNCIL REGULATION ( EEC ) on the Evaluation and the Control of the Environmental Risks of Existing Chemicals", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-05", "subjects": "chemical product,consumer protection,dangerous substance,exchange of information,health control,health risk", "workIds": "celex:51991PC0469,comnat:COM_1991_0469_FIN,oj:JOC_1991_334_R_0014_01", "eurovoc_concepts": ["chemical product", "consumer protection", "dangerous substance", "exchange of information", "health control", "health risk"], "url": "http://publications.europa.eu/resource/cellar/90aa8f28-277c-4cac-b96d-0c8a8648097f", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 469 final - SYN 276 \n\nBrussels, 5 December 1991 \n\nAmendment to the proposal for a \n\nCOUNCIL REGULATION (EEC) \n\nOn the Evaluation and the Control of the \nEnvironmental Risks of Existing Chemicals \n\n(presented by the Commission pursuant to Article 149(3) \nof the EEC-Treaty) \n\n\f^ \n\nEXPLANATORY MEMORANDUM \n\n1. In September 1990, the Commission submitted a proposal for a \nCouncil Regulation on the evaluation and the control of the \nenvironmental risks of existing substances. (Com (90) 227 final \nSYN-276) under Article 100A of the Treaty. 2. After the first reading, the European Parliament adopted an opinion \non the above proposal for a Regulation on 9th October 1991, \napproving a number of amendments to the text proposed by the \nCommission. In Its legislative resolution, the European Parliament \ncalled on the Commission to amend its proposal accordingly pursuant \nto Article 149(3) of the EEC Treaty. 3. The Commission having considered the amendments approved by the \nEuropean Parliament, agreed to Incorporate a number of them in a \nmod IfIed proposa I. 4. Recital 12 has been amended to fix a deadline for the establishment \n\nof the first annual priority list of chemicals. 5. Recital 16 has been modified to emphasize the importance of using \n\nalternative test methods wherever possible. 6. A new recital 16 has been added, again to ensure that existing data \nis given consideration even if it has not to be generated according \nto established testing methods. 7. Recital 17 has been modified to clarify that tests conducted before \nthe advent of Good Laboratory Practice would not be discounted. 8. The objectives laid down in Article 1 have been modified to make It \nclear, that man, in the context of this Regulation, includes \nworkers and consumers. 9. The definition of Importation in Article 2(c) has been clarified. 10. Articles 3 and 4 have been modified to make It clear that \nsubstances incorporated in preparations are also to be taken into \naccount in this Regulation. In addition, the reference period for \ndetermining the obligation to report has also been clarified. Finally changes designed to avoid anima H testing have also been \nIncluded in these articles. 11. Article 7. 1 now includes a requirement to establish the first \n\npriority lists within one year of the adoption of the Regulation. - 3 \n\n12. Article 8. 1 has been changed to Include the obligation for wider \nconsultation of Member States and Industry. Article 8. 2 clarifies \nthat further Information/testing can only be required If this \nserves to Improve the protection of man or the environment. 13. Article 9. 3. now takes Into account substances incorporated in \n\npr\u00e9par\u00e2t ions. 14. Article 9. 4 now stipulates that punitive sanctions can only be \ntaken against companies that do not comply with the additional \nrequirements imposed by the Regulation. 15. Article 12 has been amended to clarify a number of concerns \n\nrelating to confidentiality. - 4 -\n\nModified Proposal for a Council Regulation on the evaluation and the \ncontrol of the environmental risks of existing substances. The Commission, on the basis of the opinion delivered by the European \nParliament in Its first reading on 9th October 1991, modifies Its \noriginal proposal (J. O. C 276, 5. 11. 1990, p. 1) pursuant to Article \n149(3) of the E. C. Treaty as follows : \n\n- Recital 12 to now read \n\nWhereas on the basis, In particular of the information and data \nsubmitted by manufacturers and Importers and of specific proposals by \nMember States, it is necessary to draw up, at Community level, lists of \npriority substances which require special environment, and whereas to \nexpedite this work, the Commission shall, not later than One Year \nfol lowing the entry Into force of this Regulation, submit an initial \npriority list based on existing priority lists In the Member States. - Recital 16 to now read : \n\nWhereas In the Implementation of this Regulation, It is appropriate to \nreduce to a minimum the number of animals used for experimental \npurposes in accordance with the provision of Council Directive \n86/609/EEC of 24 November 1986 on the Approximation of law regulations \nand administrative provisions of the Member States regarding the \nprotection of animals used for experimental and other scientific \npurposes, and whereas wherever possible and In consultation with the \nEuropean Centre for Alternative Testing Methods, the use of animals \nwill be avoided by recourse to validated alternative procedures. - Recital 16a (new) \n\nWhereas, when evaluating existing data, results obtained using test \nmethods other than those described In Annex V to Directive 67/548/EEC \nshould also be taken Into consideration. - Recital 17 to now read : \n\nWhereas Council Directive 87/18/EEC of 18 December 1986 on the \nharmonization of laws, regulations and administrative provisions \nrelating to the application of the principles of good laboratory \npractice and the verification of their application for tests on \nchemical substances specifies the Community principles of good \nlaboratory practice which must be followed for tests on chemicals to be \ncarried out In the context of this Regulation. - 5 -\n\nABJJUCLES \n\n- Article 1. to now read : \n\nThe purpose of this Regulation is to approximate the laws, regulations \nand administrative provisions of the Member States on : \n\na) the collection of Information on existing substances; \n\nb) the evaluation and the control of the risks of existing substances \n\nto man, including workers, and consumers, and the environment \n\nwhich are listed in the European Inventory of Existing Commercial \nSubstances EINECS. This Regulation shall apply without prejudice to specific Community \nlegislation concerning the safety and the protection of the health of \nworkers at work. - Article 2 point (c) to now read : \n\n\"c) importing means supplying, making available or using substances \n\nfrom outside the Community territory. \" \n\n- Article 3 to now read \n\nAny manufacturer who has produced or any \nexisting substance appearing In Annex 1 \npr\u00e9par\u00e2t Ion. In quantities exceeding 1000 tonnes per year \nIn the three years preceding and/or one year following \nthis Regulation, must submit to the Commission the \nInformation, in accordance with the data set laid down in \nwithin six months of the Regulation entering Into force : \n\nimporter who \neither on_I \n\nhas imported an \nts own or In a \nat least once \nthe adopt Ion of \nfol lowing \nAnnex I i, \n\n(a) \n(b) \n(c) \n\n(d) \n\nthe name of the substance and the number on the EINECS inventory; \nthe quantity of the substance produced or imported; \nthe classification of the substance according to Annex I to \nDirective 67/548/EEC or the provisional classification according to \nDirective 67/548/EEC, including the class of danger, the danger \nsymbol, the risk phrases and the safety phrases; \ninformation on uses of the substances which are reasonably \nforeseeable \n\n(e) data on physico-chemical properties of the substance; \n(f) data on environmental fate and pathways; \n(g) data on the ecotoxoclty of the substance; \n(h) data on the acute and sub-acute toxicity of the substance; \n(I) data on the carcinogenicity, mutagenicity and/or toxicity \n\nreproduction of the substance; \n\n(j) any other Indication relevant to the risk evaluation of \n\nsubstance. to \n\nthe \n\nManufacturers and Importers are required to taKe all reasonable efforts \nto obtain the data referred to under poJnla l^LJo_CJJ^a^ov^x^oj\u00abej^ejifc \n\nout additional tests on animals for the purpose of submitting these \nslala. - 6 -\n\n- Article 4 to now read : \n\n1. Any manufacturer who has produced or any importer who has Imported \na substance appearing In the EINECS inventory but not listed In \nAnnex I, either on Its own or In a preparation in quantities \nexceeding 1000 tonnes per year, at least once In the three years \npreceding and every year following, the adoption of this \nRegulation, must submit to the Commission the information referred \nto In Article 3, in accordance with the data set laid down In Annex \nII, within 18 months of the Regulation entering Into force. 2. Any manufacturer who has produced or any Importer who has Imported \na substance appearing In EINECS, either on Its own or In a \npreparation, in quantities exceeding 10 tonnes per year, but no \ngreater than 1000 tonnes per year, at least once in the three years \npreceding and/or every year following the adoption of this \nRegulation, must submit to the Commission the following \nInformation, in accordance with the declaration form laid down in \nAnnex III within a period of 18 months, to start once the \nRegulation has been in force for three years : \n\n(a) the name of the substance and the number on the EINECS inventory; \n(b) the quantity of the substance produced or Imported; \n(c) the classification of the substance according to Annex I to \nDirective 67/548/EEC or the provisional classification according to \nDirective 67/548/EEC, including the class of danger, the danger \nsymbol, the risk phrases and the safety phrases; \n\n(d) Information on uses of the substance which are reasonably \n\nforeseeable. 3. The Commission, in consultation with the Member States, will \ndetermine the cases in which It is necessary to request the \nproducers and importers of the substances declared In pursuance of \nparagraph 2, to submit additional information, in the framework of \nAnnex II, on the physico-chemical properties, exposure, toxicity, \nand ecotoxicity of the substance and any other aspect relevant to \nthe risk evaluation of the substance, provided that no recourse \nneed be had to further animal experiments. The specific Information \nto be submitted and the procedure to be followed for this \nsubmission will be determined In accordance with the procedure laid \ndown In Ar t i cIe II. - Article 7. 1 to now read : \n\n1. On the basis of the information submitted by the manufacturers and \nimporters in accordance with Articles 3 and 4, and on the basis of \nthe national lists of priority substances, the Commission, in \nconsultation with Member States, shall regularly draw up lists of \npriority substances or groups of substances requiring special \nattention because of the possible effects they may pose to man or \nthe environment. These lists will be adopted in accordance with the \nprocedure laid down in Article 11 and will be published by the \nCommission, In the first Instance within 1 year of the entry into \nforce of this Regulation. - 7 \n\n- Article 8. 1 to now read : \n\n1. For each substance on the priority lists, an appropriate Competent \nAuthority of a Member State will be Identified as rapporteur for \nthat substance after consultation with the Member State concerned. The rapporteurs will be designated in accordance with the procedure \nlaid down In Article 11. The duty of the rapporteur will be to evaluate the Information \nsubmitted by the manufacturer(s) or importer(s) pursuant to the \nrequirements of Articles 3, 4 and 6 and any other available \nInformation, and to Identify, after hearing the parties concerned, \nwhether, for the purpose of the risk evaluation, It would be \nnecessary to require manufacturer(s) or Importer(s) of priority \nsubstances to submit further data and/or to carry out further \ntesting. - Article 8. 2 to now read : \n\nt\u00f9fi substances \n\n2. In the case where the Competent Authority, acting as rapporteur, \nIdentifies the need for further information and/or testing, In \norder to protect man and/or the environment from the harmful \nthe \neffects Q\u00ce \nCommission. The Commission will then submit, to the Management \nCommittee referred to In Article 11, a proposal to request further \nInformation and/or testing specifying the time limit within which \nthe further Information and/or the results of the further tests \nshall be supplied. The decision to Impose such a request on \nmanufacturer(s) or Importer(s) will be adopted in accordance with \nthe procedure laid down in Article 11. concerned. it shall \n\ninform \n\n- Article 9. 3 to read : \n\n3. in the case of a substance either on Its own or In a preparation \nproduced or imported by several manufacturers or importers, the \ntesting in pursuance of paragraphs 1 and 2 may be performed by one \nor more manufacturer(s) or Importer(s) acting on behalf of the \nother concerned manufacturer(s) or importer(s). The other concerned \nmanufacturers or importers shall make reference to the tests \ncarried out by that or those manufacturer(s) or Importer(s) and \nshall share the costs on a fair and equitable basis. - Article 9. 4 to read : \n\n4. in the event that the further Information and/or the results of the \nfurther testing are not supplied within the 11 me limits specified \nIn Article 8(2) and adopted In accordance with the procedure laid \ndown in Article 11, a decision to suspend the further marketing and \nuse of the substance on the Community market will be adopted in \naccordance with the procedure laid down In Article 11 In respect of \nUPdertaKlngs Which have failed to submit the above-mentioned \nInformation or test results and will remain in force until such \ntime as the additional Information and/or the results of the \n\n\f- 8 -\n\nfurther testing are supplied. The Commission will periodically \nreview the cases of substances whose marketing and/or use has been \nsuspended in accordance with this paragraph with a view to making \nproposals for harmonized permanent measures concerning restrictions \non marketing and/or use in the framework of either Directive \n76/69/EEC or other appropriate Community measures. - Article 12. 1 now read : \n\nIndustrial and commercial secrecy shall not apply to : \n\nthe name of the substance, as given In EINECS, \nthe name of the manufacturer or Importer, \nthe physico-chemical data concerning the substance, \nthe summary results of the toxlcological and ecotoxIcologlcal \ntests, \nany Information relating to the safety of the substance and the \nemergency measures, \n\n- any Information which, if withheld. miant isad \n\nLQ animal \n\nexperiments being carried out or repeated unnecessarily. KSN 0254-1475 \n\nCOM(91) 469 final \n\nDOCUMENTS \n\nEN \n\n14 \n\nCatalogue number : CB-CO-91-543-EN-C \n\nISBN 92-77-78060-6 \n\nOffice for Official Publications of the European Communities \n\nLr2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f98fb2a3-1f43-4e52-84c7-6aebbe3012dd", "title": "WRITTEN QUESTION No. 2885/91 by Mr Madron SELIGMAN to the Commission. Discrimination against British pilots", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SELIGMAN", "date": "1991-12-05", "subjects": "civil aviation,crew,equivalence of diplomas,recognition of diplomas,ship's passport,trade union", "workIds": "celex:91991E002885", "eurovoc_concepts": ["civil aviation", "crew", "equivalence of diplomas", "recognition of diplomas", "ship's passport", "trade union"], "url": "http://publications.europa.eu/resource/cellar/f98fb2a3-1f43-4e52-84c7-6aebbe3012dd", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b5620935-a01c-41f1-aed4-c6bb52dc1209", "title": "Amended proposal for a COUNCIL DIRECTIVE on the adoption of standards for satellite broadcasting of television signals", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-05", "subjects": "European standard,harmonisation of standards,high-definition television,satellite communications", "workIds": "celex:51991PC0530,comnat:COM_1991_0530_FIN,oj:JOC_1991_332_R_0013_01", "eurovoc_concepts": ["European standard", "harmonisation of standards", "high-definition television", "satellite communications"], "url": "http://publications.europa.eu/resource/cellar/b5620935-a01c-41f1-aed4-c6bb52dc1209", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91)530 final - SYN 350 \n\nBrussels, 5 December 1991 \n\nAmended proposal for a \n\nCOUNCIL DIRECTIVE \n\non the adoption of standards for satellite broadcasting \nof television signals \n\n\u2022il -Li. *, r \n\ntflMJuBSo \n\n(presented by the Commission pursuant to Article 149(3) \nof the EEC-Treaty) \n\n\fr \n\nEXPLANATORY MEMORANDUM \n\nOn 9 July 1991 the commission presented its initial proposal for a \ncouncil Directive on the ad\u00fbptloa of standards for the satellite. broadcasting of television signals (C0H(91)242 final-S3N 350). \u00abrh\u00ab\u00bb European Parliament expressed its Opinion, at first reading on 20 \nJtovember 1991, In the Light Of that Opinion the Cdmmiccien hereby \n^*xr,*<: i\u00b1j\u00a3 init? nl proposal. This ^TTW*ndprt proposal follows the ling announced by the Commission at \nthe plenary session, of Parliament and incorporates all the amendments \nwhich the Commission had accepted, including those accented subject to \nrevision of the taxfc-\n\nThe resulting- \u2014\u2022\u2014\u00bb*+* proposal represents a broadly consistent solution \nto the text, takes account of toe point of view of the suropoan \nParliament as regards certain sp\u00e9cifie aspects (such as the duration of \nthe Directive, financial support from, the Cmamttnlty and the relaxation \nof a number of obligations} and solves certain specific problems raised \nby the Members in their amendments. The Commission consider?* that this \nnew proposal takes better account of the foreseeable development of the \nmarket and its needs while at the same time ensuring- genuine \nconvergence towards ED-K&G via the intermediate standard M. \u2014K&e>16rS. only amendments 15 and 18 were not accepted by the Commission - the \nformer because the Commission cannot accept subordination of the entry \nInto farce of the Directive to an act of private law such as the HOU<. and the latter because it provides for excessively broad derogations \nfor certain cable operators. - 4-\n\nAmended p r o p o s al \n\nf or a \n\nCOUNCIL DIRECTIVE \n\non the adoption of standards for satellite broadcasting \nof television signals \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, and in \nparticular Article 100a thereof, \n\nHaving regard to the proposal from the Commission, \n\nIn cooperation with the European Parliament, \n\nHaving regard to the opinion of the Economic and Social Committee, \n\nWhereas Council Directive 86/529/EEC1 made provision for review; \n\nWhereas the Community, through Council Decision 89/337/EEC2 and Council Decision \n89/630/EEC3, recognized the strategic importance of High Definition Television (HDTV) \nfor the European consumer electronics industry and for the European television and film \nindustries, and established the strategy framework for the introduction of European \nHDTV; \n\nWhereas Council Directive 86/529/EEC, in particular in Article 2, established a dual \nregime by a limitation of the application of the Directive to only one type of satellite, and \nas a consequence a dual market appeared with the use of MAC standards in Broadcasting \nSatellite Service (BSS) and mainly PAL and Secam in Fixed Satellite Service (FSS);and \nwhereas this should be avoided in the future in order to prevent. a split in the satellite \nmarket. 1 OJ NoL311, 6. 11. 1986, p. 28. 2 OJ No L 142, 25. 5. 1989, p. I. 3 OJ No L 363, 13. 12. 1989, p. 30. Whereas in order to reach Community goals as set out in the Council Decisions mentioned \nabove and in order to contribute to the achievement of a single market in satellite \nbroadcasting of television signals as provided for in Article 8(a) of the Treaty, it is \nnecessary to undertake steps to create a convergence of standards, using in parallel a \nregulatory instrument, and an agreement between major actors in the market; \n\nWhereas it is in the best interest of European consumers to follow a path towards HDTV \nbased on the criteria of compatibility and evolution, in order to avoid discontinuities and \nduplication of investments; \n\nWhereas HD-MAC has been developed as the European transmission standard for HDTV \nservices based on those criteria of compatibility and evolution and D2-MAC offers the best \navailable path towards the development of HDTV with wide-screen 16 : 9 D2-MAC as the \nmain step in that direction; \n\nWhereas there is a need to establish common standards for satellite transmission as an \nenabling element for effective free market competition taking into account that standards \npromote competitiveness by lowering costs for producers, shaping customer preferences for \nproducts by their familiarity, and enabling the emergence of new markets, particularly for \ndeveloping technologies, where they are becoming a pre-condition for industrial production \nor marketing; \n\nWhereas services for satellite television broadcasting using 4:3 aspect ratio format should \nnot be forced to a compulsory stop or change so as not to jeopardize the present market or \ninconvenience users; however, incentives may be provided, through a parallel legal \ninstrument, in order to support, in addition, the use of the D2-MAC standard, in particular \nin 16:9 format, inter alia through simultaneous transmissions (\"simulcast\"); \n\nWhereas it is vital to ensure that audiovisual programmes adapted to the new 16:9 format \nare available in sufficient quantity and quality and that it therefore is appropriate to \nprovide, through a parallel legal instrument, for Community financial incentives; \n\nWhereas in the medium term the capacity of satellite systems is limited and as a result the \nscope for the simulcast transmissions of programmes in different standards is also limited, \nit will be necessary to make a selection of programmes for such transmissions; \n\nWhereas in the interests of the consumer it is necessary to establish a common conditional \naccess system compatible with D2-MAC and HD-MAC, without hampering \nthe \ntechnological development of these systems; whereas, therefore, the best solution is a \nsystem consisting of a common access unit to which one or more smart cards can be added; \n\nWhereas cable TV networks are a relevant feature in the television infrastructure of many \nMember States and will be very important to the future of HDTV services; \n\nWhereas Decision 89/337/EEC called for an action plan for the introduction of HDTV to \nbe prepared in close coordination at Community level between the Commission, the \nMember States and the European Industry; \n\nWhereas it is essential that there should be complete agreement between broadcasters, \nsatellite operators, manufacturers and cable operators about the introduction, as soon as \npossible, of 16:9 D2-MAC services in conformity with the objectives set out in Decision \n89/337/EEC and whereas such agreement might be reached by means of a Memorandum \nof Understanding; \n\nWhereas the Memorandum of Understanding will set out the obligations of the respective \nparties for the development and promotion of 16 : 9 D2-MAC services in Europe in \naccordance with the terms and provisions of this Directive and will constitute an integral \npart of the overall strategy for the introduction of HDTV; \n\n\fWhereas European research efforts must stay in the forefront of all new significant \ndevelopments such as a trend towards digital television broadcasting emissions and Europe \nhas to consolidate its research efforts through collaboration and in the framework of EC \nresearch programmes; \n\nWhereas a strategy for the introduction of High Definition Television has been laid down \nat Community level and European undertakings have made significant investments \ninvolving many jobs; \n\nWhereas in view of the foreseeable technical progress in this sector, account should now be \ntaken of any subsequent developments of the existing systems and provision made for an \neventual review of this Directive; \n\nWhereas it is in the general interest as well as in the interest of the major actors in the \nmarket that this Directive should be implemented at the earliest possible date; \n\n\fHAS ADOPTED THIS DIRECTIVE: \n\nARTICLE 1 \n\nMember States shall take all measures to promote and support the introduction and \ndevelopment of advanced sateUite broadcasting services for television programmes, using \nthe HD-MAC standard for not completely digital High Definition Television transmission \nand the D2-MAC standard for other not completely digital transmission in the 16 :9 aspect \nratio format. ARTICLE 2 \n\n1. For any transmission of a television service in the high definition television format \n\nthat is not completely digital only the HD-MAC standard may be used. 2. For any transmission of a 625 line satellite television service receivable by viewers \nusing domestic satellite receiving equipment, even if such transmissions are intended \nto be redistributed by cable networks; \n\nin respect of any service in the 16 : 9 aspect ratio format only the D2-MAC \nstandard may be used. Financial support will be provided by the Community; \n\nin respect of any other service starting after 1 January 1995, the D2-MAC \nstandard must be used. Financial support will be provided by the Community. These services may also be transmitted simultaneously in PAL, SECAM or ID-\nMAC; \n\nin respect of services in existence prior to 1 January 1995, PAL, SECAM or D-\nMAC may continue to be used as long as the service provider wishes. From 1 \nJanuary 1995 , these services must also be transmitted using the D2-MAC \nstandard. Financial support will be provided by the Community. 5-\n\nARTICLE3 \n\nDELETED \n\nARTICLE 4 \n\nMember States shall take all measures to ensure that as from 1 January 1994, all new \ntelevision sets and all new domestic satellite receivers for sale or rent in the Community: \n\n- in respect to all television sets with 16:9 format possess a D2 MAC decoder; \n\n- in respect of all other such equipment, possess at least a standardized socket by means of \nwhich a D2-MAC decoder may be connected to the equipment permitting an open \ninterface standard. ARTICLE 5 \n\nMember States shall take all measures to ensure that \n\nany new terrestrial redistribution system, or any existing terrestrial redistribution system \nhaving the necessary technical capability, shall be configured in such a way that HD-\nMAC signals can be transmitted through the network from head-end to individual \nhomes; \n\nif cable operators decide the redistribution by cable of programmes received by them in \nthe 16 : 9 aspect ratio format and the D2-MAC or HD-MAC standard, operators shall \ndistribute these programmes also in the 16 : 9 aspect ratio format and the D2-MAC or \nHD-MAC standard. -6 \n\nARTICLE 6 \n\nIn the case of all services using the D2-MAC standard, which are encrypted and employ a \nconditional access system, Member States shall take all the necessary measures to ensure \nthat only a conditional access system fully compatible with D2-MAC and standardized as \nsuch by a European standardization organization by 1 January 1993 is used. ARTICLE 7 \n\n1. This Directive shall apply until 31 December 1999. 2. Before 1 January 1994 and every two years thereafter, the Commission shall submit to \nthe European Parliament, to the Council and to the Economic and Social Committee \na report on the application of this Directive, the evolution of the market and the use \nof the Community funding. If necessary, the Commission shall make proposals to \nadapt this Directive to these developments, in particular in order to confirm or to \namend the obligations set out in Article 2, paragraph 2,3rd indent. 3. Before the date when this Directive expires the Commission shall submit, if necessary, \nproposals to the Council on a policy of standardization \u00a3>r HDTV, in accordance with \nthe objective of achieving total harmonization of all television broadcasting media, \nwhether analogue or digital, by satellite, cable or terrestrial redistribution. These \nproposals should take into account the results of European collaboration in research \nand development and the work of the relevant standardizing organisations in Europe. Article 7 a \n\nThe rules laid down in this Directive shall be accompanied by simultaneous financial \nmeasures designed to support the creation of a European market for the D2-MAC, 16:9 \nand HD-MAC standards and commercial measures based on the. signing, by the parties \nconcerned, of a Memorandum of Understanding coordinating the actions of the various \nsignatories. ARTICLE 8 \n\n1. Member States shall bring into force the laws, regulations and administrative \nprovisions necessary to comply with this Directive no later than three months after the \ndate of its notification. They shall forthwith inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this \nDirective or shall be accompanied by such reference at the time of their official \npublication. The procedure for such reference shall be adopted by Member States. 2. Member States shall communicate to the Commission the texts of the provisions of \n\nnational law which they adopt in the field governed by this Directive. ARTICLE 9 \n\nThis Directive is addressed to the Member States. Done at Brussels, \n\nFor the Council \n\nThe President \n\n\f\fISSN 0254-1475 \n\nCOM(91) 530 final \n\nDOCUMENTS \n\nEN \n\n15 \n\nCatalogue number : CB-CO-91-583-EN-C \n\nISBN 92-77-78791-0 \n\nOffice for Official Publications of the European Communities \nLr2985 Laxcmbourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8350044a-3aa3-48fd-a10d-30b711133122", "title": "WRITTEN QUESTION No. 2879/91 by Mr Adrien ZELLER to the Commission. Reduction of the areas receiving the regional planning grant in France and reform of Community regional policy", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,ZELLER", "date": "1991-12-05", "subjects": "EU financing,European Regional Development Fund,France,Structural Funds,industrial conversion,regional planning,socioeconomic conditions", "workIds": "celex:91991E002879", "eurovoc_concepts": ["EU financing", "European Regional Development Fund", "France", "Structural Funds", "industrial conversion", "regional planning", "socioeconomic conditions"], "url": "http://publications.europa.eu/resource/cellar/8350044a-3aa3-48fd-a10d-30b711133122", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ad7ba971-5fd8-43ba-bd8a-662a08e8c884", "title": "WRITTEN QUESTION No. 2824/91 by Mrs Cristiana MUSCARDINI to the Commission. Community road safety legislation", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MUSCARDINI", "date": "1991-12-05", "subjects": "EU law,European standard,Italy,road safety,toll,traffic signs", "workIds": "celex:91991E002824", "eurovoc_concepts": ["EU law", "European standard", "Italy", "road safety", "toll", "traffic signs"], "url": "http://publications.europa.eu/resource/cellar/ad7ba971-5fd8-43ba-bd8a-662a08e8c884", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f66b4193-a357-4c3d-83c4-128d8600ea65", "title": "Proposal for a COUNCIL REGULATION ( EEC ) fixing for 1992, certain measures for the conservation and management of fishery resources, applicable to vessels flying the flag of a Member State, other than Spain and Portugal, in waters falling under the sovereignty or within the jurisdiction of Portugal", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-04", "subjects": "Portugal,fishery management,fishing licence,fishing season,sea fishing", "workIds": "celex:51991PC0495(01),comnat:COM_1991_0495(01)_FIN", "eurovoc_concepts": ["Portugal", "fishery management", "fishing licence", "fishing season", "sea fishing"], "url": "http://publications.europa.eu/resource/cellar/f66b4193-a357-4c3d-83c4-128d8600ea65", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 495 final \n\nBrussels, 4 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of a \n\nMember State, other than Spain and Portugal, in waters falling \n\nunder the sovereignty or within the jurisdiction of Portugal \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of a \n\nMember State, other than Spain and Portugal, in waters falling \n\nunder the sovereignty or within the jurisdiction of Spain \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of \n\nPortugal in waters falling under the sovereignty or within the \n\njurisdiction of Member States, apart from Spain and Portugal \n\n(presented by the Commission) \n\n\f- L-\n\nEXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that vessels of Member States, with the \nexception of Spain and Portugal, shall be allocated fishing possibilities \nin waters falling under the sovereignty or within the jurisdiction of \nPortugal, for a certain period and under certain conditions; it has also \nbeen provided that the number of vessels authorized to fish in these waters \nshould be fixed annually, and that rules governing their access thereto \nshould be laid down. The purpose of this proposal for a Regulation, in accordance with \nArticle 351 of the Act of Accession of Spain and Portugal, is to establish, \nfor 1992, the quantities of fish which may be taken by vessels of Member \nStates, with the exception of Spain and Portugal, in waters falling under \nthe sovereignty or within the jurisdiction of Portugal, the numbers of such \nvessels, the type of fishing gear to be used and the period of fishing \nauthorization for each species. This proposal replaces Council Regulation \n20. 12. 1990 t1). (EEC) No 3936/90 of \n\n/i> n. T. N O. L 378 of 31. 12. 1990, p. 85 \n\n\fProposal for a \n\n7 \n\nCOUNCIL REGULATION (EEC) No \n\n/ \n\nof \n\nfixing, for 1992, certain measures for the conservation and management of \n\nfishery resources, applicable to vessels flying the flag of a Member State, \n\nother than Spain and Portugal, in waters falling under the \n\nsovereignty or within the jurisdiction of Portugal \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 351 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 351 of the Act of Accession, it is for the \n\nCouncil to fix the fishing possibilities and the corresponding number of \n\nCommunity vessels which may fish in the waters referred to in that Article; \n\nWhereas these possibilities are determined, with respect to pelagic species \n\nnot subject to the system of total allowable catches (TAC) and quotas, \n\nother than highly migratory species, on the basis of the situation of the \n\nfishing activities of the Member States apart from Spain, in Portuguese \n\nwaters for the period prior to accession; whereas there is a need to ensure \n\nstock conservation, taking account moreover of the limits placed on fishing \n\nby Portuguese vessels for similar species in waters of the Member States, \n\napart from Spain; \n\nWhereas, for 1992, no fishing possibilities for species not subject to TACs \n\nand quotas are granted to Portugal in the waters of the Member States apart \n\nfrom Spain; \n\nWhereas the specific conditions governing the fishing activities of vessels \n\nexploiting stocks of highly migratory species, for which catch \n\npossibilities are granted, should be laid down, whereas the limits \n\nconcerning the zones and the periods of fishing of these vessels are laid \n\ndown by Article 351(2), (3) and (4) of the Act of Accession; \n\n\f-h \n\nWhereas the fishing activities covered by this Regulation are subject to \n\nthe control measures provided for by Council Regulation (EEC) \nNo 2241/87 (*), as amended by Regulation (EEC) No 3483/88 (2) as well as \n\nto the specific detailed rules drawn up in accordance with the second \n\nsubparagraph of Article 351(5) of the Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of a Member State other than Spain \n\nand Portugal, authorized to fish in waters falling under the sovereignty \n\nor within the jurisdiction of Portugal, as provided for in Article 351 of \n\nthe Act of Accession and the procedures for access, shall be as set out in \n\nthe Annex. Article 2 \n\nThis regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This Regulation shall be binding in its entirety and directly applicable \n\nin all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President, \n\n\fEEC - PORTUGAL \n\nANNEX \n\nSpecies \n\nQuantity \n(tonnes) \n\nZones \n(1) \n\nAuthorized \nfishing gear \n\nTotal number of \nvessels (3) \n\nPeriod of \nfishing \n\nauthorization \n\nAlbacore tuna \n(Thunnus alalunga) \n\nUnlimited \n\nX and CECAF \n\nTroll line \n\n110 (France) \n(2) \n\nBetween 2/6 \nand 28/7 \n\nTropical tuna \n\nUnlimited \n\nX (to the south of \n\n36\u00b030'N) \n\nCECAF (to the south of \n31\u00b0N and to the north \nof 31\u00b0N to the west of \n17\u00b030'W) \n\nOther tunas \n\nUnlimited \n\nIX \n\nAll except \ngill-nets \n\nAll except \ngill-nets \n\nUnlimited \n\nYear round \n\nUnlimited \n\nYear round \n\n(1) Waters falling under the sovereignty and within the jurisdiction of Portugal. (2) Not exceeding 26 m in length between perpendiculars. (3) Authorized to carry out fishing activities simultaneously. VA \n\n\f1--\n\nEXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that vessels of the Member States, with \nthe exception of Spain and Portugal, shall be allocated fishing \npossibilities in Atlantic waters falling under the sovereignty or within the \njurisdiction of the Kingdom of Spain and covered by the ICES, for a certain \nperiod and under certain conditions, that the number of vessels authorized \nto fish in these waters should be fixed annually and that the rules \ngoverning access thereto should be laid down. The purpose of this proposal for a Regulation is to establish, for 1992, the \nquantities of fish which may be taken by vessels of the Member States, with \nthe exception of Spain and Portugal, in waters falling under the sovereignty \nor within the jurisdiction of the Kingdom of Spain and covered by the ICES, \nthe number of such vessels, the type of fishing gear to be used and the \nperiod of fishing authorization for each species. This proposal replaces Council Regulation (EEC) N 3937/90 of 20 December \n1990 f1) and completes the technical measures established by Council \nRegulation (EEC) No. 3716/85 <2). - -\"*\u00bb\u2022\u00bb _. c \n\n-> t io i c on \n\n\u201e \n\n\fProposal for a \n\n~ -j~ \u2014 \n\nCouncil Regulation (EEC) N \n\nof \n\nestablishing, for 1992, certain measures for the conservation and \n\nmanagement of fishery resources, applicable to vessels flying the flag of \n\na Member State, other than Spain and Portugal, in waters falling under the \n\nsovereignty or within the jurisdiction of Spain \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 164 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 164 of the Act of Accession, it is for the \n\nCouncil to fix the fishing possibilities and the corresponding number of \n\nCommunity vessels which may fish in Atlantic waters falling under the \n\nsovereignty or within the jurisdiction of Spain and covered by the \n\nInternational Council for the Exploration of the Sea (ICES); \n\nWhereas these possibilities are determined, with respect to species \n\nsubject to the system of total allowable catches (TACs) and quotas, on the \n\nbasis of the fishing possibilities allocated and, with respect to species \n\nnot subject to the TAC and quota system, according to the relative \n\nstability of stocks and the need to ensure their conservation; \n\nWhereas specialized fishing activities shall be carried out with the same \n\nquantitative limits as those specified for Spanish vessels authorized to \n\ncarry out their fishing activities in the waters of Member States apart \n\nfrom Portugal; \n\n\fWhereas the specific conditions governing the fishing activities of such \n\nvessels should be laid down, \n\nWhereas the fishing activities covered by this Regulation are subject to \n\nthe control measures provided for by Council Regulation \n\n(EEC) \n\nN 2241/87 t1), as amended by Regulation (EEC) N 3483/88 (2), as well as \n\nto the specific procedures drawn up in accordance with Article 164(4) of \n\nthe Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of a Member State of the Community, \n\nother than Spain and Portugal, authorized to fish in waters falling under \n\nthe sovereignty or within the jurisdiction of Spain as provided for in \n\nArticle 164 of the Act of Accession and the procedures governing access, \n\nshall be as set out in the Annex. Article 2 \n\nThis Regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This regulation shall be binding in its entirety and directly applicable \n\nin all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President \n\n(1) JO N\u00b0 L 207, 29. 7. 1987, p. 1. (2) OJ N\u00b0 L 306, 11. 11. 1988, p. 2. EEC - SPAIN \nI. General fishing \n\nAuthorized fishing gear \n\nLong-lines, trawls \n(vessels over 100 grt) \n\nICES zone \n(1) \n\nVIII, IX \n\nTotal number of vessels \n\nBasic list \n\nPeriodic list \n\nANNEX \n\nPeriod \nof fishing \nauthorization \n\nyear-round \n\nVIII, IX \n\nTrawl \n\nyear-round \n\nVIII, IX \n\nTrawl \n\n10 \n) \n) (France) \n\n) \n) (France) \n\n5 (2) \n\nyear-round \n\nSpecies \n\nHake \n(Merluccius \nmerluccius) \n\nMonkfish \n(Lophius piscatorius) \n(Lophius boudegassa) \n\nMegrim \n(Lepidorhombus whiffiagonis) \n(Lepidorhombus boscii) \n\nNorway lobster \n(Nephrops norvegicus) \n\nPollack \n(Pollachius pollachius) \n\nVIII, \nIX \n\nVIII, \nIX \n\nTrawl \n\nTrawl \n\nyear-round \n\nyear-round \n\nI \n\n(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain. (2) Total number of standard vessels per Member State; standard vessel means a vessel having a brake horsepower equal to 700 \nhorsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in \nArticle 158(2) of the Act of Accession. II. Specialized fishing \n\n(CEE \u2014 ESPAGNE) suite \n\nSpecies \n\nAll \n\nICES zone \n(1) \n\nVIII,IX \n\nAuthorized fishing gear \n\nLong-lines \n(vessels under 100 grt) \n\nRods \n(vessels under 50 grt) \n\nAnchovy \n(Engraulis encrasicholus) \nas main catch \n\nAnchovy \n(Engraulis encrasicholus) \nas live bait \n\nVIII \n\nSeine \n\nVIII \n\nSeine \n\nTotal number of vessels \n\nBasic list \n\nPeriodic list \n\nPeriod \nof fishing \nauthorization \n\n25 \n\n10 \n\nyear-round \n\n64 \n\nyear-round \n\n40 (France) \n\nbetween 1/3 \nand 30/6 \n\n20 (France) \n\nbetween 1/7 \nand 31/10 \n\nSardine \n(Sardina pilchardus) \n\nVIII \n\nSeine \n(vessels under 100 grt) \n\n71 \n(France) \n\n40 (France) \n\nbetween 1/1 \nand 29/2 and \nbetween 1/7 \nand 31/12 \n\nSpecies \n\nThunnidae \n\nQuantity \n(tonnes) \n\nICES \nzone (1) \n\nunlimited \n\nVIII, IX \n\nAuthorized \nfishing \nvessels \n\nAll except \ngillnets \n\nTotal number \nof vessels \n\nPeriod \nof fishing \nauthorization \n\nunlimited \n\nyear-round \n\n(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain. EXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that Portuguese vessels shall be \nallocated fishing possibilities in the waters of certain ICES divisions \nfalling under the sovereignty or within the jurisdiction of the Member \nStates, with the exception of Spain and Portugal, for a certain period and \nunder certain conditions, and that Portugal shall be granted certain \nfishing possibilities limited to catches of blue whiting and horse \nmackerel; it has also been provided that the number of Portuguese vessels \nauthorized to fish in these waters should be fixed annually and that rules \ngoverning their access thereto should be laid down. The purpose of this proposal for a Regulation, in accordance with \nArticle 349 of the Act of Accession of Spain and Portugal, is to establish, \nfor 1992, the quantities of fish which may be taken by Portuguese vessels \nin waters falling under the sovereignty or within the jurisdiction of the \nMember States, with the exception of Spain and Portugal, the numbers of \nsuch vessels, the type of fishing gear to be used and the period of fishing \nauthorization for each species. This proposal \n20. 12. 1990 (!). replaces \n\nCouncil \n\nRegulation \n\n(EEC) N 3938/90 of \n\n(1) O. J. No L 378 of 31. 12. 1990, p. 89. Proposal for a \n\n*L ~~ \n\nCOUNCIL REGULATION (EEC) N \n\nof \n\nfixing, for 1992, certain mesures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of Portugal \n\nin waters falling under the sovereignty or within the jurisdiction of \n\nMember States, apart from Spain and Portugal \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \n\nCommunity, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 349 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 349 of the Act of Accession, it is for the \n\nCouncil to decide on the fishing possibilities and the corresponding \n\nnumber of Portuguese vessels authorizes to fish in the waters referred \n\nto in paragraph 1 of that Article; \n\nWhereas, pursuant to Article 349 (2), fishing possibilities for catches \n\nof blue whiting and horse mackerel are granted to Portuguese vessels; \n\nwhereas the number of these vessels and the procedures for their access \n\nand control should be fixed annually; \n\nWhereas fishing possibilities for species not subject to the system of \n\ntotal allowable catches and the corresponding number of vessels should \n\nbe determined on the basis of the situation of Portuguese fishing \n\nactivities in the waters of the Member States apart from Spain for the \n\nperiod prior to accession; whereas there is a need to ensure the \n\nconservation of stocks taking into account the limits imposed on \n\nfishing for similar species in Portuguese waters by vessels of a \n\nMemeber State other than Spain; \n\n\f- 4 3-\n\nWhereas the specific conditions governing the fishing activities \n\nreferred to in Article 349 of the Act of Accession should be laid down; \n\nWhereas the fishing activities covered by this Regulation are subject \n\nto the control measures provided \n\nfor by Regulation \n\n(EEC) \n\nN 2241/87 (!), as amended by Regulation (EEC) N\u00b0 3483/88 (2), as well \n\nas to the specific detailed rules drawn up in accordance with the \n\nsecond subparagraph of Article 349 (5) of the Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of Portugal authorized to fish in \n\nwaters falling under the sovereignty or within the jurisdiction of \n\nanother Member States, other than Spain and Portugal, as provided for \n\nin Article 349 of the Act of Accession, the procedures for access and \n\nthe catch possibilities for certain species shall be as set out in the \n\nAnnex. Article 2 \n\nThis Regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This regulation shall be binding in its entirety and directly \n\napplicable in all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President \n\n(1) OJ N\u00b0 L 207, 29. 07. 1987, p. 1. (2) OJ N\u00b0 L 306, 11. 11. 1988, p. 2. PORTUGAL - EEC \n\nANNEX \n\nSpecies \n\nQuantity \n(t) \n\nICES \nzone \n\nAuthorized \nfishing gear \n\nTotal number of \n\nvessels \n\nBlue whiting \n(Micromesistius \npoutassou) \n\n3 000 \n\nHorse mackerel \n\n3 000 \n\nTrachurus trachurus \n\nThunnidae \n\nunlimited \n\nVb, VI,VII, \nVilla,b,d \n(1) (2) \n\nVb, VI, VII \nVilla,b,d \n(1) (2) \n\nVb, VI, VII \nVilla,b,d \n(1) (2) \n\nPelagic \ntrawl \n\nPelagic \ntrawl \n\nAll except \ngill-nets \n\nPeriod of \nfishing \n\nauthorization \n\nYear round \n\nYear round \n\n5 (3) \n2 (4) \n\n6 (3) \n4 (4) \n\nunlimited \n\nYear round \n\nExcept for the zone to the south of latitude 56\u00b030' North, to the east of longitude 12\u00b0 West and to the north of latitude \n50\u00b030' North. Waters falling under the sovereignty and within the jurisdiction of Member States of the Community other than Spain and \nPortugal. Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brake horsepower equal to \n700 horsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in \nArticle 158(2) of the Act of Accession. Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (periodic list). TAC/PORT-CEE/RGLT/en/mr \n\n\fISSN 0254-1475 \n\nCOM(91) 495 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-568-EN-C \n\nISBN 92-77-78521-7 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/1b63955c-5889-43b4-b535-df6a2d5753f8", "title": "92/154/EEC: Commission Decision of 4 December 1991 relating to a proceeding under Article 85 of the EEC Treaty (Case IV/33.157 - Eco System/Peugeot) (Only the French text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-04", "subjects": "France,import restriction,motor vehicle industry,restriction on competition,services company", "workIds": "celex:31992D0154,oj:JOL_1992_066_R_0001_006", "eurovoc_concepts": ["France", "import restriction", "motor vehicle industry", "restriction on competition", "services company"], "url": "http://publications.europa.eu/resource/cellar/1b63955c-5889-43b4-b535-df6a2d5753f8", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2f17caaa-ba85-4f22-88ba-f7cd0cbe4a54", "title": "Proposal for a COUNCIL REGULATION ( EEC ) fixing for 1992, certain measures for the conservation and management of fishery resources, applicable to vessels flying the flag of a Member State, other than Spain and Portugal, in waters falling under the sovereignty or within the jurisdiction of Spain", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-04", "subjects": "Spain,fishery management,fishing licence,fishing season,sea fishing", "workIds": "celex:51991PC0495(02),comnat:COM_1991_0495(02)_FIN", "eurovoc_concepts": ["Spain", "fishery management", "fishing licence", "fishing season", "sea fishing"], "url": "http://publications.europa.eu/resource/cellar/2f17caaa-ba85-4f22-88ba-f7cd0cbe4a54", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 495 final \n\nBrussels, 4 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of a \n\nMember State, other than Spain and Portugal, in waters falling \n\nunder the sovereignty or within the jurisdiction of Portugal \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of a \n\nMember State, other than Spain and Portugal, in waters falling \n\nunder the sovereignty or within the jurisdiction of Spain \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of \n\nPortugal in waters falling under the sovereignty or within the \n\njurisdiction of Member States, apart from Spain and Portugal \n\n(presented by the Commission) \n\n\f- L-\n\nEXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that vessels of Member States, with the \nexception of Spain and Portugal, shall be allocated fishing possibilities \nin waters falling under the sovereignty or within the jurisdiction of \nPortugal, for a certain period and under certain conditions; it has also \nbeen provided that the number of vessels authorized to fish in these waters \nshould be fixed annually, and that rules governing their access thereto \nshould be laid down. The purpose of this proposal for a Regulation, in accordance with \nArticle 351 of the Act of Accession of Spain and Portugal, is to establish, \nfor 1992, the quantities of fish which may be taken by vessels of Member \nStates, with the exception of Spain and Portugal, in waters falling under \nthe sovereignty or within the jurisdiction of Portugal, the numbers of such \nvessels, the type of fishing gear to be used and the period of fishing \nauthorization for each species. This proposal replaces Council Regulation \n20. 12. 1990 t1). (EEC) No 3936/90 of \n\n/i> n. T. N O. L 378 of 31. 12. 1990, p. 85 \n\n\fProposal for a \n\n7 \n\nCOUNCIL REGULATION (EEC) No \n\n/ \n\nof \n\nfixing, for 1992, certain measures for the conservation and management of \n\nfishery resources, applicable to vessels flying the flag of a Member State, \n\nother than Spain and Portugal, in waters falling under the \n\nsovereignty or within the jurisdiction of Portugal \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 351 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 351 of the Act of Accession, it is for the \n\nCouncil to fix the fishing possibilities and the corresponding number of \n\nCommunity vessels which may fish in the waters referred to in that Article; \n\nWhereas these possibilities are determined, with respect to pelagic species \n\nnot subject to the system of total allowable catches (TAC) and quotas, \n\nother than highly migratory species, on the basis of the situation of the \n\nfishing activities of the Member States apart from Spain, in Portuguese \n\nwaters for the period prior to accession; whereas there is a need to ensure \n\nstock conservation, taking account moreover of the limits placed on fishing \n\nby Portuguese vessels for similar species in waters of the Member States, \n\napart from Spain; \n\nWhereas, for 1992, no fishing possibilities for species not subject to TACs \n\nand quotas are granted to Portugal in the waters of the Member States apart \n\nfrom Spain; \n\nWhereas the specific conditions governing the fishing activities of vessels \n\nexploiting stocks of highly migratory species, for which catch \n\npossibilities are granted, should be laid down, whereas the limits \n\nconcerning the zones and the periods of fishing of these vessels are laid \n\ndown by Article 351(2), (3) and (4) of the Act of Accession; \n\n\f-h \n\nWhereas the fishing activities covered by this Regulation are subject to \n\nthe control measures provided for by Council Regulation (EEC) \nNo 2241/87 (*), as amended by Regulation (EEC) No 3483/88 (2) as well as \n\nto the specific detailed rules drawn up in accordance with the second \n\nsubparagraph of Article 351(5) of the Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of a Member State other than Spain \n\nand Portugal, authorized to fish in waters falling under the sovereignty \n\nor within the jurisdiction of Portugal, as provided for in Article 351 of \n\nthe Act of Accession and the procedures for access, shall be as set out in \n\nthe Annex. Article 2 \n\nThis regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This Regulation shall be binding in its entirety and directly applicable \n\nin all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President, \n\n\fEEC - PORTUGAL \n\nANNEX \n\nSpecies \n\nQuantity \n(tonnes) \n\nZones \n(1) \n\nAuthorized \nfishing gear \n\nTotal number of \nvessels (3) \n\nPeriod of \nfishing \n\nauthorization \n\nAlbacore tuna \n(Thunnus alalunga) \n\nUnlimited \n\nX and CECAF \n\nTroll line \n\n110 (France) \n(2) \n\nBetween 2/6 \nand 28/7 \n\nTropical tuna \n\nUnlimited \n\nX (to the south of \n\n36\u00b030'N) \n\nCECAF (to the south of \n31\u00b0N and to the north \nof 31\u00b0N to the west of \n17\u00b030'W) \n\nOther tunas \n\nUnlimited \n\nIX \n\nAll except \ngill-nets \n\nAll except \ngill-nets \n\nUnlimited \n\nYear round \n\nUnlimited \n\nYear round \n\n(1) Waters falling under the sovereignty and within the jurisdiction of Portugal. (2) Not exceeding 26 m in length between perpendiculars. (3) Authorized to carry out fishing activities simultaneously. VA \n\n\f1--\n\nEXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that vessels of the Member States, with \nthe exception of Spain and Portugal, shall be allocated fishing \npossibilities in Atlantic waters falling under the sovereignty or within the \njurisdiction of the Kingdom of Spain and covered by the ICES, for a certain \nperiod and under certain conditions, that the number of vessels authorized \nto fish in these waters should be fixed annually and that the rules \ngoverning access thereto should be laid down. The purpose of this proposal for a Regulation is to establish, for 1992, the \nquantities of fish which may be taken by vessels of the Member States, with \nthe exception of Spain and Portugal, in waters falling under the sovereignty \nor within the jurisdiction of the Kingdom of Spain and covered by the ICES, \nthe number of such vessels, the type of fishing gear to be used and the \nperiod of fishing authorization for each species. This proposal replaces Council Regulation (EEC) N 3937/90 of 20 December \n1990 f1) and completes the technical measures established by Council \nRegulation (EEC) No. 3716/85 <2). - -\"*\u00bb\u2022\u00bb _. c \n\n-> t io i c on \n\n\u201e \n\n\fProposal for a \n\n~ -j~ \u2014 \n\nCouncil Regulation (EEC) N \n\nof \n\nestablishing, for 1992, certain measures for the conservation and \n\nmanagement of fishery resources, applicable to vessels flying the flag of \n\na Member State, other than Spain and Portugal, in waters falling under the \n\nsovereignty or within the jurisdiction of Spain \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 164 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 164 of the Act of Accession, it is for the \n\nCouncil to fix the fishing possibilities and the corresponding number of \n\nCommunity vessels which may fish in Atlantic waters falling under the \n\nsovereignty or within the jurisdiction of Spain and covered by the \n\nInternational Council for the Exploration of the Sea (ICES); \n\nWhereas these possibilities are determined, with respect to species \n\nsubject to the system of total allowable catches (TACs) and quotas, on the \n\nbasis of the fishing possibilities allocated and, with respect to species \n\nnot subject to the TAC and quota system, according to the relative \n\nstability of stocks and the need to ensure their conservation; \n\nWhereas specialized fishing activities shall be carried out with the same \n\nquantitative limits as those specified for Spanish vessels authorized to \n\ncarry out their fishing activities in the waters of Member States apart \n\nfrom Portugal; \n\n\fWhereas the specific conditions governing the fishing activities of such \n\nvessels should be laid down, \n\nWhereas the fishing activities covered by this Regulation are subject to \n\nthe control measures provided for by Council Regulation \n\n(EEC) \n\nN 2241/87 t1), as amended by Regulation (EEC) N 3483/88 (2), as well as \n\nto the specific procedures drawn up in accordance with Article 164(4) of \n\nthe Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of a Member State of the Community, \n\nother than Spain and Portugal, authorized to fish in waters falling under \n\nthe sovereignty or within the jurisdiction of Spain as provided for in \n\nArticle 164 of the Act of Accession and the procedures governing access, \n\nshall be as set out in the Annex. Article 2 \n\nThis Regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This regulation shall be binding in its entirety and directly applicable \n\nin all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President \n\n(1) JO N\u00b0 L 207, 29. 7. 1987, p. 1. (2) OJ N\u00b0 L 306, 11. 11. 1988, p. 2. EEC - SPAIN \nI. General fishing \n\nAuthorized fishing gear \n\nLong-lines, trawls \n(vessels over 100 grt) \n\nICES zone \n(1) \n\nVIII, IX \n\nTotal number of vessels \n\nBasic list \n\nPeriodic list \n\nANNEX \n\nPeriod \nof fishing \nauthorization \n\nyear-round \n\nVIII, IX \n\nTrawl \n\nyear-round \n\nVIII, IX \n\nTrawl \n\n10 \n) \n) (France) \n\n) \n) (France) \n\n5 (2) \n\nyear-round \n\nSpecies \n\nHake \n(Merluccius \nmerluccius) \n\nMonkfish \n(Lophius piscatorius) \n(Lophius boudegassa) \n\nMegrim \n(Lepidorhombus whiffiagonis) \n(Lepidorhombus boscii) \n\nNorway lobster \n(Nephrops norvegicus) \n\nPollack \n(Pollachius pollachius) \n\nVIII, \nIX \n\nVIII, \nIX \n\nTrawl \n\nTrawl \n\nyear-round \n\nyear-round \n\nI \n\n(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain. (2) Total number of standard vessels per Member State; standard vessel means a vessel having a brake horsepower equal to 700 \nhorsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in \nArticle 158(2) of the Act of Accession. II. Specialized fishing \n\n(CEE \u2014 ESPAGNE) suite \n\nSpecies \n\nAll \n\nICES zone \n(1) \n\nVIII,IX \n\nAuthorized fishing gear \n\nLong-lines \n(vessels under 100 grt) \n\nRods \n(vessels under 50 grt) \n\nAnchovy \n(Engraulis encrasicholus) \nas main catch \n\nAnchovy \n(Engraulis encrasicholus) \nas live bait \n\nVIII \n\nSeine \n\nVIII \n\nSeine \n\nTotal number of vessels \n\nBasic list \n\nPeriodic list \n\nPeriod \nof fishing \nauthorization \n\n25 \n\n10 \n\nyear-round \n\n64 \n\nyear-round \n\n40 (France) \n\nbetween 1/3 \nand 30/6 \n\n20 (France) \n\nbetween 1/7 \nand 31/10 \n\nSardine \n(Sardina pilchardus) \n\nVIII \n\nSeine \n(vessels under 100 grt) \n\n71 \n(France) \n\n40 (France) \n\nbetween 1/1 \nand 29/2 and \nbetween 1/7 \nand 31/12 \n\nSpecies \n\nThunnidae \n\nQuantity \n(tonnes) \n\nICES \nzone (1) \n\nunlimited \n\nVIII, IX \n\nAuthorized \nfishing \nvessels \n\nAll except \ngillnets \n\nTotal number \nof vessels \n\nPeriod \nof fishing \nauthorization \n\nunlimited \n\nyear-round \n\n(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain. EXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that Portuguese vessels shall be \nallocated fishing possibilities in the waters of certain ICES divisions \nfalling under the sovereignty or within the jurisdiction of the Member \nStates, with the exception of Spain and Portugal, for a certain period and \nunder certain conditions, and that Portugal shall be granted certain \nfishing possibilities limited to catches of blue whiting and horse \nmackerel; it has also been provided that the number of Portuguese vessels \nauthorized to fish in these waters should be fixed annually and that rules \ngoverning their access thereto should be laid down. The purpose of this proposal for a Regulation, in accordance with \nArticle 349 of the Act of Accession of Spain and Portugal, is to establish, \nfor 1992, the quantities of fish which may be taken by Portuguese vessels \nin waters falling under the sovereignty or within the jurisdiction of the \nMember States, with the exception of Spain and Portugal, the numbers of \nsuch vessels, the type of fishing gear to be used and the period of fishing \nauthorization for each species. This proposal \n20. 12. 1990 (!). replaces \n\nCouncil \n\nRegulation \n\n(EEC) N 3938/90 of \n\n(1) O. J. No L 378 of 31. 12. 1990, p. 89. Proposal for a \n\n*L ~~ \n\nCOUNCIL REGULATION (EEC) N \n\nof \n\nfixing, for 1992, certain mesures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of Portugal \n\nin waters falling under the sovereignty or within the jurisdiction of \n\nMember States, apart from Spain and Portugal \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \n\nCommunity, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 349 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 349 of the Act of Accession, it is for the \n\nCouncil to decide on the fishing possibilities and the corresponding \n\nnumber of Portuguese vessels authorizes to fish in the waters referred \n\nto in paragraph 1 of that Article; \n\nWhereas, pursuant to Article 349 (2), fishing possibilities for catches \n\nof blue whiting and horse mackerel are granted to Portuguese vessels; \n\nwhereas the number of these vessels and the procedures for their access \n\nand control should be fixed annually; \n\nWhereas fishing possibilities for species not subject to the system of \n\ntotal allowable catches and the corresponding number of vessels should \n\nbe determined on the basis of the situation of Portuguese fishing \n\nactivities in the waters of the Member States apart from Spain for the \n\nperiod prior to accession; whereas there is a need to ensure the \n\nconservation of stocks taking into account the limits imposed on \n\nfishing for similar species in Portuguese waters by vessels of a \n\nMemeber State other than Spain; \n\n\f- 4 3-\n\nWhereas the specific conditions governing the fishing activities \n\nreferred to in Article 349 of the Act of Accession should be laid down; \n\nWhereas the fishing activities covered by this Regulation are subject \n\nto the control measures provided \n\nfor by Regulation \n\n(EEC) \n\nN 2241/87 (!), as amended by Regulation (EEC) N\u00b0 3483/88 (2), as well \n\nas to the specific detailed rules drawn up in accordance with the \n\nsecond subparagraph of Article 349 (5) of the Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of Portugal authorized to fish in \n\nwaters falling under the sovereignty or within the jurisdiction of \n\nanother Member States, other than Spain and Portugal, as provided for \n\nin Article 349 of the Act of Accession, the procedures for access and \n\nthe catch possibilities for certain species shall be as set out in the \n\nAnnex. Article 2 \n\nThis Regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This regulation shall be binding in its entirety and directly \n\napplicable in all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President \n\n(1) OJ N\u00b0 L 207, 29. 07. 1987, p. 1. (2) OJ N\u00b0 L 306, 11. 11. 1988, p. 2. PORTUGAL - EEC \n\nANNEX \n\nSpecies \n\nQuantity \n(t) \n\nICES \nzone \n\nAuthorized \nfishing gear \n\nTotal number of \n\nvessels \n\nBlue whiting \n(Micromesistius \npoutassou) \n\n3 000 \n\nHorse mackerel \n\n3 000 \n\nTrachurus trachurus \n\nThunnidae \n\nunlimited \n\nVb, VI,VII, \nVilla,b,d \n(1) (2) \n\nVb, VI, VII \nVilla,b,d \n(1) (2) \n\nVb, VI, VII \nVilla,b,d \n(1) (2) \n\nPelagic \ntrawl \n\nPelagic \ntrawl \n\nAll except \ngill-nets \n\nPeriod of \nfishing \n\nauthorization \n\nYear round \n\nYear round \n\n5 (3) \n2 (4) \n\n6 (3) \n4 (4) \n\nunlimited \n\nYear round \n\nExcept for the zone to the south of latitude 56\u00b030' North, to the east of longitude 12\u00b0 West and to the north of latitude \n50\u00b030' North. Waters falling under the sovereignty and within the jurisdiction of Member States of the Community other than Spain and \nPortugal. Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brake horsepower equal to \n700 horsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in \nArticle 158(2) of the Act of Accession. Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (periodic list). TAC/PORT-CEE/RGLT/en/mr \n\n\fISSN 0254-1475 \n\nCOM(91) 495 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-568-EN-C \n\nISBN 92-77-78521-7 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/67523954-91c9-4a7d-80bf-d624087f53f5", "title": "Proposal for a COUNCIL REGULATION ( EEC ) fixing for 1992, certain measures for the conservation and management of fishery resources, applicable to vessels flying the flag of Portugal in waters falling under the sovereignty or within the jurisdiction of Member States, apart from Spain and Portugal", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-04", "subjects": "Portugal,conservation of fish stocks,fishery management,fishing season", "workIds": "celex:51991PC0495(03),comnat:COM_1991_0495(03)_FIN", "eurovoc_concepts": ["Portugal", "conservation of fish stocks", "fishery management", "fishing season"], "url": "http://publications.europa.eu/resource/cellar/67523954-91c9-4a7d-80bf-d624087f53f5", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 495 final \n\nBrussels, 4 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of a \n\nMember State, other than Spain and Portugal, in waters falling \n\nunder the sovereignty or within the jurisdiction of Portugal \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of a \n\nMember State, other than Spain and Portugal, in waters falling \n\nunder the sovereignty or within the jurisdiction of Spain \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nfixing for 1992, certain measures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of \n\nPortugal in waters falling under the sovereignty or within the \n\njurisdiction of Member States, apart from Spain and Portugal \n\n(presented by the Commission) \n\n\f- L-\n\nEXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that vessels of Member States, with the \nexception of Spain and Portugal, shall be allocated fishing possibilities \nin waters falling under the sovereignty or within the jurisdiction of \nPortugal, for a certain period and under certain conditions; it has also \nbeen provided that the number of vessels authorized to fish in these waters \nshould be fixed annually, and that rules governing their access thereto \nshould be laid down. The purpose of this proposal for a Regulation, in accordance with \nArticle 351 of the Act of Accession of Spain and Portugal, is to establish, \nfor 1992, the quantities of fish which may be taken by vessels of Member \nStates, with the exception of Spain and Portugal, in waters falling under \nthe sovereignty or within the jurisdiction of Portugal, the numbers of such \nvessels, the type of fishing gear to be used and the period of fishing \nauthorization for each species. This proposal replaces Council Regulation \n20. 12. 1990 t1). (EEC) No 3936/90 of \n\n/i> n. T. N O. L 378 of 31. 12. 1990, p. 85 \n\n\fProposal for a \n\n7 \n\nCOUNCIL REGULATION (EEC) No \n\n/ \n\nof \n\nfixing, for 1992, certain measures for the conservation and management of \n\nfishery resources, applicable to vessels flying the flag of a Member State, \n\nother than Spain and Portugal, in waters falling under the \n\nsovereignty or within the jurisdiction of Portugal \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 351 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 351 of the Act of Accession, it is for the \n\nCouncil to fix the fishing possibilities and the corresponding number of \n\nCommunity vessels which may fish in the waters referred to in that Article; \n\nWhereas these possibilities are determined, with respect to pelagic species \n\nnot subject to the system of total allowable catches (TAC) and quotas, \n\nother than highly migratory species, on the basis of the situation of the \n\nfishing activities of the Member States apart from Spain, in Portuguese \n\nwaters for the period prior to accession; whereas there is a need to ensure \n\nstock conservation, taking account moreover of the limits placed on fishing \n\nby Portuguese vessels for similar species in waters of the Member States, \n\napart from Spain; \n\nWhereas, for 1992, no fishing possibilities for species not subject to TACs \n\nand quotas are granted to Portugal in the waters of the Member States apart \n\nfrom Spain; \n\nWhereas the specific conditions governing the fishing activities of vessels \n\nexploiting stocks of highly migratory species, for which catch \n\npossibilities are granted, should be laid down, whereas the limits \n\nconcerning the zones and the periods of fishing of these vessels are laid \n\ndown by Article 351(2), (3) and (4) of the Act of Accession; \n\n\f-h \n\nWhereas the fishing activities covered by this Regulation are subject to \n\nthe control measures provided for by Council Regulation (EEC) \nNo 2241/87 (*), as amended by Regulation (EEC) No 3483/88 (2) as well as \n\nto the specific detailed rules drawn up in accordance with the second \n\nsubparagraph of Article 351(5) of the Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of a Member State other than Spain \n\nand Portugal, authorized to fish in waters falling under the sovereignty \n\nor within the jurisdiction of Portugal, as provided for in Article 351 of \n\nthe Act of Accession and the procedures for access, shall be as set out in \n\nthe Annex. Article 2 \n\nThis regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This Regulation shall be binding in its entirety and directly applicable \n\nin all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President, \n\n\fEEC - PORTUGAL \n\nANNEX \n\nSpecies \n\nQuantity \n(tonnes) \n\nZones \n(1) \n\nAuthorized \nfishing gear \n\nTotal number of \nvessels (3) \n\nPeriod of \nfishing \n\nauthorization \n\nAlbacore tuna \n(Thunnus alalunga) \n\nUnlimited \n\nX and CECAF \n\nTroll line \n\n110 (France) \n(2) \n\nBetween 2/6 \nand 28/7 \n\nTropical tuna \n\nUnlimited \n\nX (to the south of \n\n36\u00b030'N) \n\nCECAF (to the south of \n31\u00b0N and to the north \nof 31\u00b0N to the west of \n17\u00b030'W) \n\nOther tunas \n\nUnlimited \n\nIX \n\nAll except \ngill-nets \n\nAll except \ngill-nets \n\nUnlimited \n\nYear round \n\nUnlimited \n\nYear round \n\n(1) Waters falling under the sovereignty and within the jurisdiction of Portugal. (2) Not exceeding 26 m in length between perpendiculars. (3) Authorized to carry out fishing activities simultaneously. VA \n\n\f1--\n\nEXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that vessels of the Member States, with \nthe exception of Spain and Portugal, shall be allocated fishing \npossibilities in Atlantic waters falling under the sovereignty or within the \njurisdiction of the Kingdom of Spain and covered by the ICES, for a certain \nperiod and under certain conditions, that the number of vessels authorized \nto fish in these waters should be fixed annually and that the rules \ngoverning access thereto should be laid down. The purpose of this proposal for a Regulation is to establish, for 1992, the \nquantities of fish which may be taken by vessels of the Member States, with \nthe exception of Spain and Portugal, in waters falling under the sovereignty \nor within the jurisdiction of the Kingdom of Spain and covered by the ICES, \nthe number of such vessels, the type of fishing gear to be used and the \nperiod of fishing authorization for each species. This proposal replaces Council Regulation (EEC) N 3937/90 of 20 December \n1990 f1) and completes the technical measures established by Council \nRegulation (EEC) No. 3716/85 <2). - -\"*\u00bb\u2022\u00bb _. c \n\n-> t io i c on \n\n\u201e \n\n\fProposal for a \n\n~ -j~ \u2014 \n\nCouncil Regulation (EEC) N \n\nof \n\nestablishing, for 1992, certain measures for the conservation and \n\nmanagement of fishery resources, applicable to vessels flying the flag of \n\na Member State, other than Spain and Portugal, in waters falling under the \n\nsovereignty or within the jurisdiction of Spain \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 164 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 164 of the Act of Accession, it is for the \n\nCouncil to fix the fishing possibilities and the corresponding number of \n\nCommunity vessels which may fish in Atlantic waters falling under the \n\nsovereignty or within the jurisdiction of Spain and covered by the \n\nInternational Council for the Exploration of the Sea (ICES); \n\nWhereas these possibilities are determined, with respect to species \n\nsubject to the system of total allowable catches (TACs) and quotas, on the \n\nbasis of the fishing possibilities allocated and, with respect to species \n\nnot subject to the TAC and quota system, according to the relative \n\nstability of stocks and the need to ensure their conservation; \n\nWhereas specialized fishing activities shall be carried out with the same \n\nquantitative limits as those specified for Spanish vessels authorized to \n\ncarry out their fishing activities in the waters of Member States apart \n\nfrom Portugal; \n\n\fWhereas the specific conditions governing the fishing activities of such \n\nvessels should be laid down, \n\nWhereas the fishing activities covered by this Regulation are subject to \n\nthe control measures provided for by Council Regulation \n\n(EEC) \n\nN 2241/87 t1), as amended by Regulation (EEC) N 3483/88 (2), as well as \n\nto the specific procedures drawn up in accordance with Article 164(4) of \n\nthe Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of a Member State of the Community, \n\nother than Spain and Portugal, authorized to fish in waters falling under \n\nthe sovereignty or within the jurisdiction of Spain as provided for in \n\nArticle 164 of the Act of Accession and the procedures governing access, \n\nshall be as set out in the Annex. Article 2 \n\nThis Regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This regulation shall be binding in its entirety and directly applicable \n\nin all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President \n\n(1) JO N\u00b0 L 207, 29. 7. 1987, p. 1. (2) OJ N\u00b0 L 306, 11. 11. 1988, p. 2. EEC - SPAIN \nI. General fishing \n\nAuthorized fishing gear \n\nLong-lines, trawls \n(vessels over 100 grt) \n\nICES zone \n(1) \n\nVIII, IX \n\nTotal number of vessels \n\nBasic list \n\nPeriodic list \n\nANNEX \n\nPeriod \nof fishing \nauthorization \n\nyear-round \n\nVIII, IX \n\nTrawl \n\nyear-round \n\nVIII, IX \n\nTrawl \n\n10 \n) \n) (France) \n\n) \n) (France) \n\n5 (2) \n\nyear-round \n\nSpecies \n\nHake \n(Merluccius \nmerluccius) \n\nMonkfish \n(Lophius piscatorius) \n(Lophius boudegassa) \n\nMegrim \n(Lepidorhombus whiffiagonis) \n(Lepidorhombus boscii) \n\nNorway lobster \n(Nephrops norvegicus) \n\nPollack \n(Pollachius pollachius) \n\nVIII, \nIX \n\nVIII, \nIX \n\nTrawl \n\nTrawl \n\nyear-round \n\nyear-round \n\nI \n\n(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain. (2) Total number of standard vessels per Member State; standard vessel means a vessel having a brake horsepower equal to 700 \nhorsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in \nArticle 158(2) of the Act of Accession. II. Specialized fishing \n\n(CEE \u2014 ESPAGNE) suite \n\nSpecies \n\nAll \n\nICES zone \n(1) \n\nVIII,IX \n\nAuthorized fishing gear \n\nLong-lines \n(vessels under 100 grt) \n\nRods \n(vessels under 50 grt) \n\nAnchovy \n(Engraulis encrasicholus) \nas main catch \n\nAnchovy \n(Engraulis encrasicholus) \nas live bait \n\nVIII \n\nSeine \n\nVIII \n\nSeine \n\nTotal number of vessels \n\nBasic list \n\nPeriodic list \n\nPeriod \nof fishing \nauthorization \n\n25 \n\n10 \n\nyear-round \n\n64 \n\nyear-round \n\n40 (France) \n\nbetween 1/3 \nand 30/6 \n\n20 (France) \n\nbetween 1/7 \nand 31/10 \n\nSardine \n(Sardina pilchardus) \n\nVIII \n\nSeine \n(vessels under 100 grt) \n\n71 \n(France) \n\n40 (France) \n\nbetween 1/1 \nand 29/2 and \nbetween 1/7 \nand 31/12 \n\nSpecies \n\nThunnidae \n\nQuantity \n(tonnes) \n\nICES \nzone (1) \n\nunlimited \n\nVIII, IX \n\nAuthorized \nfishing \nvessels \n\nAll except \ngillnets \n\nTotal number \nof vessels \n\nPeriod \nof fishing \nauthorization \n\nunlimited \n\nyear-round \n\n(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain. EXPLANATORY MEMORANDUM \n\nThe accession arrangements provide that Portuguese vessels shall be \nallocated fishing possibilities in the waters of certain ICES divisions \nfalling under the sovereignty or within the jurisdiction of the Member \nStates, with the exception of Spain and Portugal, for a certain period and \nunder certain conditions, and that Portugal shall be granted certain \nfishing possibilities limited to catches of blue whiting and horse \nmackerel; it has also been provided that the number of Portuguese vessels \nauthorized to fish in these waters should be fixed annually and that rules \ngoverning their access thereto should be laid down. The purpose of this proposal for a Regulation, in accordance with \nArticle 349 of the Act of Accession of Spain and Portugal, is to establish, \nfor 1992, the quantities of fish which may be taken by Portuguese vessels \nin waters falling under the sovereignty or within the jurisdiction of the \nMember States, with the exception of Spain and Portugal, the numbers of \nsuch vessels, the type of fishing gear to be used and the period of fishing \nauthorization for each species. This proposal \n20. 12. 1990 (!). replaces \n\nCouncil \n\nRegulation \n\n(EEC) N 3938/90 of \n\n(1) O. J. No L 378 of 31. 12. 1990, p. 89. Proposal for a \n\n*L ~~ \n\nCOUNCIL REGULATION (EEC) N \n\nof \n\nfixing, for 1992, certain mesures for the conservation and management \n\nof fishery resources, applicable to vessels flying the flag of Portugal \n\nin waters falling under the sovereignty or within the jurisdiction of \n\nMember States, apart from Spain and Portugal \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \n\nCommunity, \n\nHaving regard to the Act of Accession of Spain and Portugal, and in \n\nparticular Article 349 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, pursuant to Article 349 of the Act of Accession, it is for the \n\nCouncil to decide on the fishing possibilities and the corresponding \n\nnumber of Portuguese vessels authorizes to fish in the waters referred \n\nto in paragraph 1 of that Article; \n\nWhereas, pursuant to Article 349 (2), fishing possibilities for catches \n\nof blue whiting and horse mackerel are granted to Portuguese vessels; \n\nwhereas the number of these vessels and the procedures for their access \n\nand control should be fixed annually; \n\nWhereas fishing possibilities for species not subject to the system of \n\ntotal allowable catches and the corresponding number of vessels should \n\nbe determined on the basis of the situation of Portuguese fishing \n\nactivities in the waters of the Member States apart from Spain for the \n\nperiod prior to accession; whereas there is a need to ensure the \n\nconservation of stocks taking into account the limits imposed on \n\nfishing for similar species in Portuguese waters by vessels of a \n\nMemeber State other than Spain; \n\n\f- 4 3-\n\nWhereas the specific conditions governing the fishing activities \n\nreferred to in Article 349 of the Act of Accession should be laid down; \n\nWhereas the fishing activities covered by this Regulation are subject \n\nto the control measures provided \n\nfor by Regulation \n\n(EEC) \n\nN 2241/87 (!), as amended by Regulation (EEC) N\u00b0 3483/88 (2), as well \n\nas to the specific detailed rules drawn up in accordance with the \n\nsecond subparagraph of Article 349 (5) of the Act of Accession, \n\nHAS ADOPTED THIS REGULATION : \n\nArticle 1 \n\nThe number of vessels flying the flag of Portugal authorized to fish in \n\nwaters falling under the sovereignty or within the jurisdiction of \n\nanother Member States, other than Spain and Portugal, as provided for \n\nin Article 349 of the Act of Accession, the procedures for access and \n\nthe catch possibilities for certain species shall be as set out in the \n\nAnnex. Article 2 \n\nThis Regulation shall enter into force on 1 January 1992. It shall be applicable until 31 December 1992. This regulation shall be binding in its entirety and directly \n\napplicable in all Member States. Done at Brussels, \n\nFor the Council, \n\nThe President \n\n(1) OJ N\u00b0 L 207, 29. 07. 1987, p. 1. (2) OJ N\u00b0 L 306, 11. 11. 1988, p. 2. PORTUGAL - EEC \n\nANNEX \n\nSpecies \n\nQuantity \n(t) \n\nICES \nzone \n\nAuthorized \nfishing gear \n\nTotal number of \n\nvessels \n\nBlue whiting \n(Micromesistius \npoutassou) \n\n3 000 \n\nHorse mackerel \n\n3 000 \n\nTrachurus trachurus \n\nThunnidae \n\nunlimited \n\nVb, VI,VII, \nVilla,b,d \n(1) (2) \n\nVb, VI, VII \nVilla,b,d \n(1) (2) \n\nVb, VI, VII \nVilla,b,d \n(1) (2) \n\nPelagic \ntrawl \n\nPelagic \ntrawl \n\nAll except \ngill-nets \n\nPeriod of \nfishing \n\nauthorization \n\nYear round \n\nYear round \n\n5 (3) \n2 (4) \n\n6 (3) \n4 (4) \n\nunlimited \n\nYear round \n\nExcept for the zone to the south of latitude 56\u00b030' North, to the east of longitude 12\u00b0 West and to the north of latitude \n50\u00b030' North. Waters falling under the sovereignty and within the jurisdiction of Member States of the Community other than Spain and \nPortugal. Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brake horsepower equal to \n700 horsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in \nArticle 158(2) of the Act of Accession. Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (periodic list). TAC/PORT-CEE/RGLT/en/mr \n\n\fISSN 0254-1475 \n\nCOM(91) 495 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-568-EN-C \n\nISBN 92-77-78521-7 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/8c4b57f8-5f88-4de4-8811-6dd30ae1739f", "title": "Annual report of the European Foundation for the Improvement of Living and Working Conditions 1990.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Eurofound", "date": "1991-12-04", "subjects": "Eurofound,activity report", "workIds": "PUB_SY7191130", "eurovoc_concepts": ["Eurofound", "activity report"], "url": "http://publications.europa.eu/resource/cellar/8c4b57f8-5f88-4de4-8811-6dd30ae1739f", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/95b58211-8885-421c-92c4-ee48fb954a8e", "title": "Recommendation for a COUNCIL DECISION on the adaptation of the agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_other,http://publications.europa.eu/ontology/cdm#recommendation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-04", "subjects": "Norway,cheese,import levy,tariff quota,trade agreement", "workIds": "celex:51991PC0494,comnat:COM_1991_0494_FIN", "eurovoc_concepts": ["Norway", "cheese", "import levy", "tariff quota", "trade agreement"], "url": "http://publications.europa.eu/resource/cellar/95b58211-8885-421c-92c4-ee48fb954a8e", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 494 final \n\nBrussels, 4 December 1991 \n\nRecommendation for a \n\nCOUNCIL DECISION \n\non the adaptation of the agreement in the form of an exchange \nof letters between the European Economic Community \nand the Kingdom of Norway concerning reciprocal trade in cheese \n\nw:^ \n\n(presented by the Commission) \n\n\f\u00a3 \n\nEXPLANATORY MEMORANDUM \n\n1. The Agreement in the form of an exchange of letters on reciprocal \ntrade in cheese between the Community and Norway^1), signed on 22 \nMarch 1989, is of unlimited duration and largely comprises \nreciprocal tariff quotas. However, the quotas were set for the \nfirst three years only (1989 to 1991). Hence, it is necessary to \ndetermine the quantities and import duties applicable as from 1 \nJanuary 1992. 2. In accordance with the provisions of paragraph 7 of the Agreement, \n\nthe Commission has held consultations on this subject with Norway. In the course of these consultations it was agreed that the \nquantities and import duties should be maintained unchanged for one \nadditional year, in view of the fact that in principle a new \nAgreement should enter into force on the same date as the Agreement \nrelating to the EEA (European Economic Area). 3. It has also been agreed that consultations will take place during \nthe second half of 1992 concerning a possible review of the \nsitu\u00e2t ion. In view of the above, it is proposed that the Council : \n\nshould approve the draft exchange of letters attached to this \nproposal -, \nshould authorize the President of the Council to designate the \nperson empowered to sign the exchange of letters on behalf of \nthe Community. (1) OJ No L 362 of 30. 12. 1988, p. 52 \n\n\f3 \n\nRecommendation for a \n\nCOUNCIL DECISION \n\non the adaptation of the Agreement in the form of exchange of letters \nbetween the European Economic Community and the Kingdom of Norway \nconcerning reciprocal trade in cheese. THE COUNCIL OF THE EUROPEAN COMMUNITIES \n\nHaving regard to the Treaty establishing the European Economic \nCommunity, and in particular Article 113 thereof, \n\nHaving regard to the recommendation by the Commission, \n\nWhereas in the Agreement between the European Economic Community and \nthe Kingdom of Norway concerning reciprocal trade in cheese, signed on \n22 March 1989(1>, the tariff quotas to be opened by the Community and \nNorway respectively were laid down for the years 1989-1991 only; \nwhereas quotas applicable from 1 January 1992 should now be laid down; \n\nWhereas the Commission has held consultations on this matter with \nNorway and whereas these consultations have led to an Agreement; \n\nHAS DECIDED AS FOLLOWS \n\nArt icle 1 \n\nThe Agreement in the form of an exchange of letters between the \nEuropean Economic Community and the Kingdom of Norway concerning the \nadaptation of the Agreement on reciprocal trade in cheese is hereby \napproved on behalf of the Community. The text of the Agreement is attached to this decision. The President of the Council is hereby authorized to designate the \nperson empowered to sign the Agreement in order to bind the Community. Art icle 2 \n\nDone at Brussels, \n\nFor the Council \nThe Pr\u00e8s ident. (1) OJ No L 362 of 30. 12. 1988, p. 52 \n\n\fA. LETTER FROM THE COMMUNITY \n\nBrussels, \n\nSir, \n\nI have the honour to refer to the consultations held between the \nEuropean Economic Community and the Kingdom of Norway under paragraph 7 \nof the Agreement on reciprocal trade in cheese, signed on 22 March \n1989. I hereby confirm that these consultations have led to the following \nresults : \n\n1. For 1992, the quantities of cheese and the import duties laid down \n\nby the said Agreement are maintained without change; \n\n2. During the second half of 1992, consultations will be held to \ndetermine the quantities and import duties applicable for the \nfol lowing years. I should be obliged if you would confirm your Government's agreement \nconcerning the content of this letter. I have the honour to be, Sir, \n\nOn behalf of the Council of \nthe European Communities \n\n\fJ^ \n\nB. LETTER FROM THE KINGDOM OF NORWAY \n\nBrussels, \n\nSir, \n\nI have the honour to acknowledge receipt of your letter of today's date \nwhich reads as follows : \n\n\"I have the honour to refer to the consultations held between the \nEuropean Economic Community and the Kingdom of Norway under paragraph 7 \nof the Agreement on reciprocal trade in cheese, signed on 22 March \n1989. I hereby confirm that these consultations have led to the following \nresults : \n\n1. For 1992, the quantities of cheese and the import duties laid down \n\nby the said Agreement are maintained without change; \n\n2. During the second half of 1992, consultations will be held to \ndetermine the quantities and import duties applicable for the \nfol lowing years. I should be obliged if you would confirm your Government's agreement \nconcerning the content of this letter. \" \n\nI have the honour to confirm that my Government is in agreement with \nthe contents of this letter. I have the honour to be, Sir, \n\nFor the Government of \nthe Kingdom of Norway \n\n\fG \n\nFINANCIAL STATEMENT \n\nDATE: \n\n1. BUDGET HEADING: Own resources (Article 100) \n\nAPPROPRIATIONS: ECU 1 369. 5m \n\n2. TITLE: \n\nProposal for a Counci I Decision on the adaptation of the agreement in the form of an exchange of letters \nbetween the European Economic Camunity and the Kingdom of Norway concerning reciprocal trade in cheese \n\n3. LEGAL BASIS: \n\nArticle 113 of the Treaty \n\n4. AIMS OF PROJECT: \n\nTo extend for 1992 the quotas and duties agreed mutual ly between the Community and Norway on cheese \n\n5. FINANCIAL IMPLICATIONS \n\n5. 0 EXPENDITURE \n\n- CHARGED TO THE EC BUDGET \n- (REFUNDS/INTERVENT ION) \n- NATIONAL ADMINISTRATION \n-OTHER \n\n5. 1 REVENUE \n\n- OWN RESOURCES OF THE EC \n(LEVIES/CUSTOMS DUTIES) \n\n- NATIONAL \n\nPeriod of 12 months \nECU mi 11 ion \n\nCurrent Financial Year \n(1992) ECU mi 11 ion \n\nFollowing Financial Year \n(1993) ECU ml 11 ion \n\n- 3. 1 \n\n- 2. 6 \n\n- 0. 5 \n\n1994 \n\n1995 \n\n1996 \n\n1997 \n\n5. 0. 1 ESTIMATED EXPENDITURE \n5. 1. 1 ESTIMATED REVENUE \n\n5. 2 METHOD OF CALCULATION: (12 months) \n\nNormal import levy \n: ECU 1 883. 1/tcnne \nReduced import levy : ECU 550. 0/tome \n\nLoss of levy per tome: ECU 1 333. 1/tonne \n\nTotal loss of levy \n\n: 2 020 t x ECU 1 333. 1/t x 1,145 (DR) - ECU 3. 1 mi 11 ion (B) \n\nExports to Norway do not qua I ify for export refunds. 6. 0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? \nYES/ND \n\n6. 1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? \n\n6. 2 IS A SUPPLEMENTARY BUDGET NECESSARY? \n\n6. 3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? \n\nOBSERVATIONS: \n\nSince an extension of the arrangements in force with no change in the quantities : \nfinancial impact has already been taken into account in the 1992 draft budget \n\nYES/ND \n\nYES/NO \n\nYES/ND \n\n\f> \n\nISSN 0254-1475 \n\nCOM(91) 494 final \n\nDOCUMENTS \n\nEN \n\n03 li \n\nCatalogue number : CB-CO-91-542-EN-C \n\nISBN 92-77-78051-7 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f986d98f-cb9c-43aa-ac27-72dcae79cc19", "title": "Commission Regulation (EEC) No 3538/91 of 4 December 1991 concerning the stopping of fishing for American plaice by vessels flying the flag of a Member State", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-04", "subjects": "Canada,EU Member State,catch quota,fishery management,sea fishing", "workIds": "celex:31991R3538,oj:JOL_1991_335_R_0010_023", "eurovoc_concepts": ["Canada", "EU Member State", "catch quota", "fishery management", "sea fishing"], "url": "http://publications.europa.eu/resource/cellar/f986d98f-cb9c-43aa-ac27-72dcae79cc19", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6ffb623c-db51-4e8d-aa33-220160f69b76", "title": "Question No 69 by Mr MAHER (H-1202/91) to the Commission: Disappearance of lorry loads of meat in EC", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_parliamentary_question_time,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MAHER", "date": "1991-12-04", "subjects": "Eastern Bloc countries,international criminal law,livestock,meat,re-export,tax evasion,transit", "workIds": "celex:91991H001202", "eurovoc_concepts": ["Eastern Bloc countries", "international criminal law", "livestock", "meat", "re-export", "tax evasion", "transit"], "url": "http://publications.europa.eu/resource/cellar/6ffb623c-db51-4e8d-aa33-220160f69b76", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4fcb2931-622a-482a-8c31-cc06eedf248f", "title": "Proposal for a COUNCIL REGULATION ( EEC ) laying down for 1992 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of certain non-member countries in the 200-nautical-mile zone off the coast of the French department of Guiana", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-04", "subjects": "French Guiana,fishery management,fishery resources,fishing licence,third country", "workIds": "celex:51991PC0492,comnat:COM_1991_0492_FIN", "eurovoc_concepts": ["French Guiana", "fishery management", "fishery resources", "fishing licence", "third country"], "url": "http://publications.europa.eu/resource/cellar/4fcb2931-622a-482a-8c31-cc06eedf248f", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 492 final \n\nBrussels, 4 December 1991 \n\n-nare \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nlaying down for 1992 certain measures for the conservation and management \n\nof fishery resources applicable to vessels flying the flag of \n\ncertain non-member countries in the 200-nautical-mile zone \n\noff the coast of the French department of Guiana \n\n(presented by the Commission) \n\n\fEXPLANATORY hEMORANDUM \n\nThe proposed regulation fixes the fishing arrangements for vessels of thirc \n\ncountries in the fishing zone of the French Department of Guiana for the perio \n\n1 January 1992 to 31 December 199?. The proposal is based on principles already followed in the past, in particul\u00bb \n\nin Council Regulation (EEC) N\" 3935/90 (i)f which established these arrangement \nfor the period from 1 January 1991 to 31 December 199'1. In\"1991# quotas for shrimps for neighbouring ACP cojntries as well as \n\nLicences for fishing snappers and sharks. , in Venezuela were issued. Takinn into account scientific advice on the state of stock evolution \n\nthat, for 1992,those amounts appearing in Annex I remain unchanged. '\u2022\u2022\u2022*# it is proposed \n\n(1) 03 N* L ?7 8. of 31. 12. 19 90. p. 1 \n\n\fProposal for a \n\nCOUNCIL REGULATION (EEC) No \n\nof \n\nlaying down for 1992 certain measures for (he conservation and management of fishery \nresources applicable to vessels flying the flag of certain non-mcmbei countries in the \n200-nautical-mtle zone off ihc coast of the French depanment off Guiana \n\nT EH COUNCIL OF THE EUROPEAN C O M M U N I T I E S. Having regard to ?he Treaty establishing the European \nEconomic Community, \n\nHaving regard to Council Regulation (EEC!) No 170/83 of \n25 January 1983 establishing a Community system for the \nconservation and management of fishery resources ('). and \nin particular Article 11 thereof, \n\nWhereas shrimp fishing licences calculated on the basis of \nscientific advice have been issued to non-member countries \nwhose vessels fish in the zone of the said depanment: \nwhereas therefore a number of those licences arc subject to \nchanges on the basis of that scientific advice; \n\nWherea-j the technical and control measures applicable \nshould be \nunder Regulation \nmaintained and, \nsup \nplemented, \n\nthis prove necessary, \n\n(EEC) No 3 9 3 5 / 90 \n\nshould \n\nHaving regard to the proposal from the Commission, \n\nHAS ADOIMEI) THIS REGULATION: \n\nWhereas under the terms of Article 2 of Regulation (EEC!) \nNo 170/83 it is incumbent upon the Council to formulate, \nin \nthe \nconservation measures necessary to achieve the aims set out \n\u2022n Article 1 of that Regulation; \n\nscientific advice \n\nthe available \n\nlight of \n\nthe \n\nWhereas, since 1977, the Community has operated a \nsystem of conservation and management of \nfishery \nresources applicable to vessels Hying the flag of certain \nnon-member countries in the 2()0-nautical-mile-7one off the \ncoast of the French department of Guiana most recently \nlaid down by Council Regulation (EEC!) No 3935/9{j(')\". whereas the latter Regulation expires on 31 December \n1991. Whereas the continuity of the system should be assured, in \npanicular by maintaining the restriction on some fish \nstocks in the zone in order to conserve the stock and ensure \nadequate profitability for the fishermen concerned; \n\nWhereas the processing \nin the French \ndepanment of Guinea depends on landings from vessels of \nnon-member countries operating in the fishing zone off that \ndepanment; \n\nindustry based \n\nWhereas therefore, it is necessary to ensure that those \nvessels which arc under contract to land their catches in the \nFrench department of Guinea can continue to fish; \n\n(') Ol No I 2 4 > 7. I IW: p. I. (-\u2022, oj N\u00bb 1 37& du 31. 12. 1990 p. 77 \n\nArticle I \n\nVessels flying the flag of one of the countries listed in \nAnnex I shall be authorized, during the period 1 January to \n31 December 1992 to fish for the species listed in the said \nAnnex in the pan of the 200-nautical-milc fishing zone off \nthe coast of the French department of Guiana that lies more \nthan 12 nautical miles from the base lines, in conformity \nwith the conditions laid down in this Regulation. Article 2 \n\n1. Fishing in ihc fishery zone referred to in Aniclc 1 shall \nbe subject to the possession on board of a licence, issued by \nthe Commission on behalf of the Community, and to the \nobservance of the conditions set out in that licence and tht \ncontrol measures and other provisions regulating fishing \nactivities in that zone. 2. Applications for licences shall be submitted by the \nauthorities of the non-member countries concerned to the \nCommission's services at least 15 working days before the \ndesired date of commencement of validity. Licences will be \nissued to the authorities of the third countries concerned. Ihc registration \n\n1. letters and numbers of a vessel in \npossession of a licence must be clearly marked on both \nsides 01 the prow and on both sides of the superstructure at \nthe most visible point. The letters and numbers must be \npainted in a colour thai contrasts with the colour of/the \ntiull or superstructure and must not be obliterated, altered, \ncovered or masked m any other way. Art,Je \n\ni \n\n(c) external identification letters and numbers; \n\nI. The catch \n\nlicences my be issued \n\n1. lor shrimp fishing to vessels \nwhich fly ihe flag of one of (he countries listed in point 1 of \niju. iniiti'. s ainhoti/ed under such \nAnnex \nlicences, \nthe \nmaximum number of days at sea during which such \nlicences are valid shall he as specified (or each country in \npoint I of Annex I. the maximum number of \n\nlicences and \n\n2 The licences referred to in paragraph I shall be issued \non the basis of a tishmg plan submitted by the authorities \nof the country concerned, approved by the Commission \nand not exceeding the limits for the country concerned \nspccilied in point 1 ol Annex 1. 3. The period of validity of each of the licences referred to \nin paragraph 1 shall be \nthe fishing period \nprovided for in the fishing plan on the basis of which the \nlicence was issued. limited \n\nto \n\nA. All licences rclcru'd to in paragraph I issued to vessels \nof a non-member country shall cease to be valid as soon as \nit is established that the quota laid down in point I of \nAnnex I for that country has been used up. Article 4 \n\nto vesst Is flying \n\n1. Licences m. i> be issued for the fishing of species other \nthar. shrimps \nthe \ncountries listed m point 2 ol Annex I. The maximum \nnumber ol such \ntor each country shall be as \nspecified t. : point 2 ot Annex I. the flag of one of \n\nluenccs \n\n(d) port of registration; \n\n(e) name. nul address of the owner or charterer; \n\n(f) gross tonnage and overall length; \n\n(g) engine power; \n\n(h) call sign and radio frequency; \n\n(i) intended method of fishing; \n\n(|) species intended to be fished; \n\n(k) period for which a licence is requested. 2. Each licence shall be valid for one vessel only. Where \nseveral vessels are taking part in the same fishing operation, \neach vessel must be in possession of a licence. Article 6 \n\nI. To obtain a fishing licence for snapper or shark, as \nreferred to in Article 4, proof must be produced, in respect \nof each of the vessels concerned, that a valid contract exists \nbetween \nthe shipowner applying for the licence and a \nprocessing undertaking situated in the French department \nof Guiana and that it includes an obligation to land at least \n75 % of all snapper catches, or 50 % of all shark catches \nfrom the vessel concerned in that department so that they \nmay be processed in that undertaking's plant. referred \n\nis consistent both with \n\nin paragraph 1 must be \nto \n2. The contract \nendorsed by the French authorities, which shall ensure that \nit \nthe \ncontracting proiessing undertaking and with the objectives \nfor the development of the Guianese economy. A copy cf \nthe duly endorsed contract shall be appended to the licence \napplication. the actual capacity of \n\n2. Snapper fishing licences shall be granted subject to an \nundertaking by the owner of the vessel concerned to land \n75 \"'. of the catches m the French department of Guiana. 3. Shark fishing licences shall be granted r>b|ect to an \nundertaking by the owner of the vessel concerned to land \n50 \"L ol the catches in the French department of Guiana. Article S \n\n3. Where the endorsement referred to in paragraph 2 is \nrefused, the French authorities shall give notification of this \nrefusal and state their reasons for it to the party concerned \nand the Commission \n\nArticle 7 \n\nI icences may be cancelled with a view to issuing new \nlicences. Such cancellation shall take effect on the d. ue of \nissuance ol the new licence by the Commission \n\nI. The \napplications for liLeiu. s submitted to \n\ninformation \n\nfollowing \n\nshall \nlie ( ouimission: \n\naccompany \n\nArtieI\" H \n\n'. i) name of the vessr \n\nib) registration numb. \u2022 ; \n\n1. Fishing for shrimps of the species Veruieus mhttli* and \nI'eri. iem hr. i\\ilictf>n shall be forbidden in waters of a depth \nless than Nl metres During these fishing activities earned \nout by vessels using trawls, hy-. atches shall be permitted. 2. Tuna lishmg shall be authou/ed only loi vessels using \nlong lines. \\. Before the ciul of each month, the Trench authorities \nshall send to the Commission all the declarations referred \nto in paragraph 2 relating to the preceding month. 3. Snapper fishing shall be authorized only lor vessels \nusing long lines or traps. A. Shark fishing shall be authorized only for vessels using \nlong lines or mesh nets having a minimum mesh of 100 mm \nin waters of a depth less than \nand shall be forbidden \n30 metres. The granting of licences to vessels from third countries \nshall be sublet to the undertaking by the owner of the \nvessel concerned to permit an observer to come on board at \nthe Commission's request. Article 12 \n\nArticle 9 \n\nA log-book, a model of which appears in Annex II, shall be \ncompleted after each fishing operation. A copy of this \nlog-book shall be sent to the Commission within 30 days of \nthe French \nthe \nauthorities. last day of \n\ntrip via \n\nfishing \n\neach \n\nArticle 10 \n\n!. The master of each vessel ii: possession of a licence \nreferred to in Articles 3 and 4 (}}, a-, concerns tuna fishing, \nshall observe the special conditions \\rt out in Annex III, \nand in particular forward the uiformat. -on specifies in the \nAnnex. These conditions shall form an in;-gral part of the \nlicence. 2. The master of each vessel in possession of a liceure as \nreferred to in Article 4 (2) and (3) shall, on landing \u00abhe \ncatch after each trip, submit to ihe Trench authorities a \nis \ndeclaration, \nresponsible, stating the qualities of shrimp caught and \nkept on board since the last declaration. This declaration \nshall be made using the form of which a model appears in \nAnnex IV. for whose accuiacy \n\nthe master alone \n\nArticle \n\nli \n\nI. The Trench authorities shall take appropriate measures \nto ensure that the obligations set out in this Regulation are \ncomplied with, including the regular inspection of vessels. later than 30 days from \n\n2. Where an infringement \nis formally ascertained, the \nFrench authorities shall, without delay, and in any event \nnot \nthe \ninfringement was ascertained, inform the Commission of \nthe name of the vessel concerned and of any action they \nmay have taken. the date on which \n\nArticle H \n\nI. Licences for vessels which have not complied with the \nobligations provided lor in this Regulation, including the \nobligation to land all or pan of the catches laid down in a \ncom;act as referred to in Article f> shall be withdrawn. No licrnc'\" shall be issued to such vessels for a period of \nfour to 12 n i n t hs from ihe date <:n which the infringement \nwas committee; \n\nArticle JI \n\ntake all appropriate \nI. The French authorities shall \nmeasures to verify the accuracy of the declarations referred \nto in Article 10 (?. ), by checking them in particular against \nthe log-book referred to in Article 9. The declaration shall \nbe signed by the competent official after \nit has been \nverified. 2. Where a vessel fishe wit'. iout a valid licence in the 'one \nreferred to in Article 1, and where that vessel belongs to a \nshipowner or is managed l\u00bby a natural or legal person who \nhas or exercises the management of one or more other \nvessels to which licences have been issued, one of those \nlicences may be withdrawn. 2 \nIhe 1 rem h authorities shall ensure that all landings of \nshrimps in the Trench depa'tment of Guiana by vessels in \npossession of a licence as ref cried to m Article 4 (2) and ( \\) \nshall be the suh|cct of a declaration as referred to in Article \n10(2). L \nIhe granting of a lueiu\" may be refused during the \nperiod referred lo in paragraph I to one or more vessels \nbelonging to a shipowner who owns a vessel whose licence \nhas been withdrawn under this Articl- or which has fished \nwithout a licence in the /one referred to in Article 1. Article M \n\nIf. tor a period of OIK month, the Commission receives no \ncommunication as relrrred to in Article 12(1) concerning a \nvessel in possession ol a licence referred to in Articles 3 and \n4. the licence of such vessel shall be withdrawn. corresponding \nduration of \nexceeded, \n\nlicences \n\nlaid down \n\nthe extension, without \n\nin Annex \nthat \n\nI for \n\nthe \ntotal being \n\nArticle 16 \n\nArticle 17 \n\nThe ;>enod of valuiitv of licences valid on 31 December \nI of Regulation (FTC) No \n1991 pursuant \n-7Q-7t-/qr| may he extended, at the request of the authorities \nof The country concerned, until 31 January 1992 Licences \nthe number of \nthus extended shall be counted against \n\nto Article \n\nThis Regulation shall enter into force on 1 January 1992. It shall apply until 31 December 1 9 9 2. I his Regulation shall be binding in its entirety and directly applicable in all Member \nStates. Done at Brussels, \n\nlor the Council \n\nThe President \n\n\fANNI X I \n\nI. I n e m e\\ referred to in A ' t n lc \n\nI \n\nVcs\u00bbel\\ llvu\u00abi; \n\nthe l l - i*. 1 \n\nQ t u u i i iv <il j u i h o n / rd \n\nM a x i m um number >>l \n\nM ix m um nuni|vc( ill \n\nI J U I K -N in tunnes \n\nv e w eU w i th a licence \n\nJa\u00bb\u00bb. sr. n. i r b. u l oN \n\n( i U I. I D. 1 \n\nS u r i n. i mr \n\n1 n n u l. ul. tritl ! <>b. ij;<i \n\n24 \n\n24 \n\np. m. M. 1 \n\nS \n\nS \n\np. m. H \n\n1(H) \n\n2(1(1 \n\np. m. U (l \n\n2. Licence\u00bb referred u> in A n n ie 4 \n\n*> penes \n\nVe\\\u00bbeU flying \n\nthe IIJK \"' \n\nMj\u00bbmuini number \n\u2022 it liiencec \n\n(a) Tuna \n\n(b) Sn. ippers \n\n(c) Shark \n\n|j(. an \nKorea \n\nVenezuela \n\nHarhados \n\nVenezuela \n\np. m. p. m. s \n\n4 \n\n\f\u2022WW\u00bb V \u00bb\u00bb \n\n\f4 \\ W\u00bb \\ \u00bb\u00bb\u00bb \n\nSpecial conditions \n\n1. Vessels in possession of J licence reterrcd 10 m Articlrv \\ and 4 ( 1) { IhunnuUe) must communicaie information 10 \nthe Commission of the European Communities in Brussels (lelex 24IK1* E\u00cfSEU-B) via the Trench authorities at ihc \nfollowing limes: \n\n(a) on each entry into zones extending up to 2(H) nautical miles oil the COJSI of ihe Trench depanment of Guiana, \n\nhereinafter called 'ihe /one*; \n\nlb) whenever Ic. twng ihe zone. (c) whenever entering a port ol. 1 Member State; \n\n(d* whenever leaving J port ol J Member State; \n\n'. i evcr\\ week m respect >>( the previous week (ruin the dale ol entiv into che zone referred to in ( J) or from the \n\niljie ol leaving the poil referred 10 in id) \n\n2. Communications transirittcd m accordance with the conditions of (he licence at the times specified in I above \nshould include the following particulars, where appropriate and should be transmitted in the following order: \n\n\u2014 name of vessel, \n\n\u2014 radio call sign. \u2014 licence number. \u2014 chronological number of ihe transmission lor ihe trio in question, \n\n\u2014 indication of which of ihc types \n\ntransmission, as set out in paragraph 1, is involved, \n\n\u2014 date, \n\n\u2014 ume. \u2014 geographical position, \n\n\u2014 quantity ol each species caught during the fishing operation (in kilograms), \n\n\u2014 i|u. unity ot each species caught since the previous transmission of information (in kilograms), \n\n\u2014 the geographical coordinates of ihe position where the catches were made, \n\n\u2014 quantities <\u2022! catches, by species, transferred 10 other vessels (in kilograms) since ihe previous information, \n\n\u2014 the name, call sign and. where applicable, licence number of ihe vessel to which the catch was transferred, \n\n\u2014 the master's name. \\ \n\nI lie liil. owiiij'. t(\u00bbde must be used in reporting species caught in anordance with paragraph 2: \nI'l N: Hrown shrimp (fVnaeii/. ie); \nBOH: Ailani'. \\c. i hob shrimp (Xvf>htt[n-njeu\\ Jrrowrni, \nluniiv; \nTUN: \nSK. H: Shark. XXX: Other \n\n4. In cases where, for reasons of (une mj/eure, \n\nthe Communication cannot be transmitted by the vessel in possession \n\nol a licence, the message may he transmitted by another vessel on behalf of the former. n \n\n\fA SSI V IV \n\nDeciararton purtuani l<> Article 10 (2) \n\n\fISSN 0254-1475 \n\nC0M(91) 492 final \n\nDOCUMENTS \n\n03 \n\nEN \n\nCatalogue number : CB-CO-91. 544-EN-. ISBN92-77-78069-X \n\nt-2985 Luxembourg \n\n^ ** Coam^iti^"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b24b5f54-6453-4fad-b501-ba13b86bc97f", "title": "Question No 74 by Mr ALAVANOS (H-1212/91) to the Commission: Declining industrial regions in Greece", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_parliamentary_question_time,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ALAVANOS,European Parliament", "date": "1991-12-04", "subjects": "EU aid,Greece,Structural Funds,bankruptcy,cessation of trading,dismissal,industrial region,job cuts,pauperisation,unemployment", "workIds": "celex:91991H001212", "eurovoc_concepts": ["EU aid", "Greece", "Structural Funds", "bankruptcy", "cessation of trading", "dismissal", "industrial region", "job cuts", "pauperisation", "unemployment"], "url": "http://publications.europa.eu/resource/cellar/b24b5f54-6453-4fad-b501-ba13b86bc97f", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/599e8d4e-900c-4176-94b3-429652d433d8", "title": "92/2/EEC: Commission Decision of 4 December 1991 amending Council Decision 82/734/EEC as regards the list of establishments in Switzerland approved for the purpose of importing fresh meat into the Community", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-04", "subjects": "Switzerland,fresh meat,health control,meat processing industry", "workIds": "celex:31992D0002,oj:JOL_1992_001_R_0022_01", "eurovoc_concepts": ["Switzerland", "fresh meat", "health control", "meat processing industry"], "url": "http://publications.europa.eu/resource/cellar/599e8d4e-900c-4176-94b3-429652d433d8", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9e5b2140-dc83-49bf-817c-34d786fe507c", "title": "Proposal for a Council decision adopting the annual economic report 1991/92 on the economic situation in the Community and determining the economic policy orientation for the Community in 1992 - Annual economic report 1991/92 - Strengthening growth and improving convergence", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#document_com_other_ec,http://publications.europa.eu/ontology/cdm#report_ec,http://publications.europa.eu/ontology/cdm#resource_legal", "authors": "European Commission", "date": "1991-12-04", "subjects": "European Union,activity report,economic convergence,economic growth,economic policy,economic situation", "workIds": "celex:51991DC0484R(01),comnat:COM_1991_0484_FIN2", "eurovoc_concepts": ["European Union", "activity report", "economic convergence", "economic growth", "economic policy", "economic situation"], "url": "http://publications.europa.eu/resource/cellar/9e5b2140-dc83-49bf-817c-34d786fe507c", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91)484 final \n\nBrussels,4 December 1991 \n\nProposal for a \n\nCOUNCIL PECISIQN \n\nADOPTING THE ANNUAL ECONOMIC REPORT 1991/92 ON \nTHE ECONOMIC SITUATION IN THE COMMUNITY AND \nDETERMINING THE ECONOMIC POLICY ORIENTATION \nFOR THE COMMUNITY IN 1992 \n\nANNUAL ECONOMIC REPORT 1991/92 \n\nSTRENGTHENING GROWTH AND \n\nIMPROVING \n\nCONVERGENCE \n\n(presented by the Commission) \n\nm: \n\n\fProposal for a \n\nCOUNCIL DECISION \n\nADOPTING THE ANNUAL ECONOMIC REPORT 1991/92 ON \nTHE ECONOMIC SITUATION IN THE COMMUNITY AND \nDETERMINING THE ECONOMIC POLICY ORIENTATION \nFOR THE COMMUNITY IN 1992 \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITY, \n\nhaving regard to the Treaty establishing the European Economic \nCommunity, \n\nhaving regard to Council decision 90/141/EEC of 12 March 1990 on the \nattainment of progressive convergence of economic policies and \nperformance during Stage One of Economic and Monetary Union, and in \nparticular article 4 ('), \n\nhaving regard to the proposal of the Commission, \n\nhaving regard to the opinion of the European Parliament (2), \n\nhaving regard to the opinion of the Economic and Social Committee \n(3). HAS ADOPTED THIS DECISION: \n\nArticle 1 \n\nThe Annual Economic Report 1991/92, annexed to the present decision \nis adopted, and the economic policy orientations for the Community \nfor 1992 put forward in the report are adopted. This decision is addressed to the Member States. Article 2 \n\nDone at Brussels, \n\nFor the CounclI \n\nThe President \n\n(1) O. J. No L 78, 24. 03. 1990, p. 24. (2) Opinion \n(3) Opinion \n\n\fANNUAL ECONOMIC REPORT 1991/92 \n\nINTRODUCTION AND SUMMARY \n\n1-V \n\n1 \n\nECONOMIC SITUATION AND OUTLOOK \n\n1. 1991, a phase of slower growth \u2014. 1 \n\nA. A less dynamic worId economy. B. A diversified growth pattern In the Community. 1 \n\n1 \n\n2. The outlook for 1992 and 1993: a gradual recovery. 9 \n\n11. PROGRESS IN ECQNQMIC CONVERGENCE IS STALLINQ \n\n1. Nominal convergence Is slipping, but fundamentals \n\nremain pos I1 Ive \n\n, \n\n10 \n\n10 \n\n2. Real convergence Is slowing. ,. 14 \n\nIII. PRIORITi*\u00ab ftg m\u00bb\u00bb*** ptm t*y iu TUC rr+MMmirv. 16 \n\nIV. tiACRO-P^NnyiC POLICIES AND POLICIES FOR STRUCTURAL ADJUSTMENT \n\n19 \n\n1. Monetary pol Icy and ttoe BUS. *. , \n\n19 \n\n2. Budgetary Pol rcy. 21 \n\n3. Po 11 c les for structura I adjustment \n\n26 \n\n\f- \n\n/ -\n\nANNUAL ECONOMIC REPORT 1 9 9 1 - 92 \n\nINTRODUCTION AND SUMMARY \n\n1991-1992: two years of slower growth \n\nIn real \n\ncountries: \n\nterms. Cyclical \n\nhave pushed Into \n\nWorld economic growth has practically \ncent \nfactors, \nthe Gulf crisis, \nindustrialized \nthe United Kingdom. In Central \nsubstantial \nCommunity remains \noutput \nthe expectation \n\nand Eastern Europe \nIn output \ndecline \n\nIn some countries \n\nof a recovery \n\nIn addition, \n\nlimited \n\nground \nreinforced \n\nto a halt \n\nby the negative effects \n\nrecession \n\nthe economies of many \n\nUnited States, Canada, some EFTA countries \n\nthe far \nIs \nIn \n\nreaching \n\ntransformation \n\nprovoking \n\nInevitably \nthose countries: \nthe \nImprovement \n\na \nthe \n\nrecessionary \nIn world \n\nthough. The end of \n\nand a certain \n\nto growth rates of about 2 per cent \n\nIn 1991: +0. 2 per \nof \nImportant \nand \noccurring \nbut \nthe \nIn \nto \n\ntemporary, \nImpact on \n\nphase \nlead \nIn 1992. trade \n\nthe European Community has also been affected \n\nthem much better \n\nIn \n\nfunctioning \nthe 1980s and the strong positive \n\nthe \n\nImprovement \n\nIt has withstood \n\ntook place during \n\nbut \nThe fundamental \n\nThe economy of \nfactors, \nregions. economy which \nImpulses stemming from German unification \ngrowth, albeit \nestimated \nrecorded \n2& per cent \nUnited Kingdom Is offset \nunification \n\nto drop \n\npeter \n\nout. for \n\nIn 1990. 1992 should see a slight \n\nhave ensured \nat a reduced rate. The rate of growth \nIn 1991 to about 1\\k per cent \n\nthe Community as a whole - as the expected \nIn Germany once \n\nby a slow-down \n\nof \n\nby \n\nthese \nthan many other world \nthe Community \ngrowth \nof \nthe Community Is \nthe 2. 8 per cent \n- about \nthe \nrecovery \nIn \nof \nthe effects \n\nthe continuation \nIn \n\nfrom \n\nImprovement of growth \n\nrates of growth of \n\npace since 1984. The last \n\neconomic slow-down must be seen against \n\nIn 1990 the amount of \n\nhigh \n\nThe current \nstrong growth which preceded \na satfsfactory \nby unusually \nsusta/n: \nfirms was about 50% higher \nexpectations \nhave \nfirms \nInternal market effects. the political \nand legislative \nlead to an actual dismantling \n\ncreated by the \n\nto bring \n\nled \n\nthe backdrop of \n\nInvestment which were difficult \n\nthe \nIt. The Community economy has been growing at \ncharacterized \nfew years have been \nto \nIn equipment made by Community \nof \n1984. The \nIn 1987-1989, \nthe actual \nof \nto come as \nIn the years \nImplemented and \n\nterms \nInternal market programme may, \n\nInvestment \nreal \nIn \n\nIn anticipation \n\ntaken are \n\nalready \n\nInvestment \nThese effects will be felt \n\nforward \n\nthan \n\nthat \n\ndecisions \nof \n\nInternal \n\nbarriers. the residual \n\n\f- // \n\nTrie Community economy - Key \n\nIndicators \n\nAverage \n1983-87 \n\nAverage \n1988-89 \n\n1990 \n\n1991 \n\n** \n1992 \n\n** \n1993 \n\n(\") \n\n(a) \n\nReal GDP (annual % Increase) \nInflation \nReal compensation per head \nEmployment \nUnemployment \n(% of active \nBudget deficit \nCurrent account balance \n\npopulation) \n(b)(% GDP) \n\n(\") \n\n2. 4 \n5. 9 \n1. 3 \n0. 1 \n10. 5 \n\n4. 9 \n0. 7 \n\n3. 7 \n4. 3 \n1. 6 \n1. 6 \n9. 3 \n\n3. 3 \n0 \n\n2. 8 \n5. 2 \n2. 3 \n1. 4 \n8. 4 \n\n1. 3 \n5. 0 \n2. 0 \n0. 5 \n8. 6 \n\n4. 1 \n-0. 2 \n\n4. 4 \n-0. 8 \n\n2\u00a5L \n4k \n1hk \n# \n9 \n\n4& \n-1 \n\n2% \n4* \n7% \nhit \n9)4 \n\n4* \n-3/4 \n\n(% of GDP) \n\n** Forecast \n(b) general \n\n(a) private \n\nconsumption \n\ndeflator \n\ngovernment borrowing \n\nrequirement \n\nSlower growth contains \n\nrisks \n\nfor \n\nthe major Community projects \n\nThe current \nthe Community. economic slow-down \n\ncarries \n\na double economic policy message \n\nfor \n\nI) \n\nil) \n\nIt \nthe margin \n\nThe \nto an Increase \ndownward \nrisks \nstructural \nthus \n\nOn the one hand, \nreducing \ncountries. 1991, \ncontinuous \nto change \npresent \nbecome \nConvergence \nfurther \nthis \nfor a rapid \n\nIs \ncomplIcates \n\nIs still \n\nless \n\ncatch/ng-up \n\nInterrupted \nthe \n\nnecessary \n\nrepresents \n\nan unwelcome development which \n\nfor manoeuvre \n\nfor \nof growth \n\neconomic \nare \n\nleading, \n\npolicy \n\nlower \n\nrates \n\nIn unemployment, \ntrend evident \n\nthus bringing \n\n1986. Social \n\nsince \nthe positive \n\nIncreasing \n\nas \n\nconsequences \n\nalready \nto a halt \n\nadjustment \nvisible \n\ntake more \nthe \nnegative \nrun up to EMU and slower \n\ntime \ntemporary \n\nto materialize \n\nthan \nthe \n\nIn \ntask \nand creates \nprocess. of budgetary \nless \n\nconsol/dation \n\nfavourable \n\nIs \nIn many \nIn \nthe \nresistance \nthe \nand \nones. growth \nwhere \nconditions \n\nof \n\nhand, \n\nIt \nadjustment \n\nconstitutes \n\nwhich \n\na powerful \ntook place \n\nreminder \nduring \n\nthe \n\nthat \n\nOn the other \neconomic \nalthough \nmoderation \nhad deteriorated \nand of \npositive \ncorrection \nbring \n1960s. the \n\npolicy \nsubstantial, \nhelped \n\nImprove \nsubstantially \n\nwas not \n\nsufficient \nthe profitability \nIn \n\nor \nof \n\nunsettled \n\nconditions \ncame \n\ntrend, \n\nhowever, \nwas not yet complete. profitability \n\nto \nFurther \nback at \n\nInvestment \n\nefforts \n\nleast \n\nto \n\nthe wake of \n\nwhich \n\na halt \n\nthe \nfollowed \nIn \n\nthe \n1980s, \nWage \nwhich \nshocks \nThis \nthe \nto \nthe \n\ncomplete. Investment \ntwo oil \nthem. 1990 when \nare necessary \nof \nlevel \nIts \n\n\f- /// -\n\nthe \n\nhad \n\neven \n\nfurther \n\ntoo high \n\nadjustment \n\ntaken place. the rates of \n\nprocess where \n\nto \nIn some Member \n\nthis was necessary. Inflation, \nthe beginning of \n\nIf substantially \nthe 1980s, were at \nambition \nthe stated \n\nfor \ntowards Economic and Monetary Union. The strong growth of 1988-1990 was not exploited \nadjustment \nStates \ncomparison with \nthe decade still \nrapidly \nstructural \ngrowth of 1988-90 \nnotwithstanding \nstill \nsituation \nthe budgetary \nIn \noffered a golden opportunity, \nsteps \nto consolIdate \nmany cases, strong consolIdatIon \noverheating with positive \nsome countries \nIn \ncompetitiveness \nas \npositions. area as well. reduced by \nthe end of \nof moving \nInsufficient \nThe strong employment \nIn 1990 \nIs \nthe \nhigh unemployment. Equally worrying \nof \ngrowth \ntake bold \ncost. In \npreventing \npressures. external \nexternal \nthis \n\narea. The strong \nwhich was not seized, \n\nVery often efforts were Interrupted \n\nconsequences on Inflationary \n\nthe budgetary position \n\nto unwarranted wage \n\nwould have helped \n\ntoo soon In \n\nshown by \n\nlittle \nIn \n\ncontinuing \n\nIncreases \n\nremained \n\nproblems \n\nfragile \n\nthere \n\nrates \n\nled \n\nat \n\nto \n\nof \n\nThe policies which have brought about \nthe Community economy during \ndetermination. flexible \na \nadverse external \nfundamental Community economic policy \n\nIn an Interdependent world economy, healthy \nthat \n\nlong way towards ensuring \n\nthe turn around In the performance of \nthe 1980s must be Implemented again with more \nfundamentals and \nof \nof \n\nthe effects \nthe pursuits \n\neconomy go a \n\ndevelopments \n\ndo not put \n\nIn danger \n\nobjectives. With appropriate policies medium term perspectives remain good \n\nrate of growth of \n\nJhe \nup to about 2te per cent \na reflection \nInto \nconditions, \nsustainable \n\nfact \naimed at \n\npolicies \n\nthe \n\nof \n\nthe Community economy Is currently \n\nIn 1993. The slow pace of \n\nthe recovery \n\nthat many Member States are expected \nresuming \n\nefforts. the adjustment \nthe Community economy could \nreturn \nIn both economic and environmental \n\nto stronger \nterms. expected \n\nto pick \nconstitutes \nto embark \nthese \nrates of growth \n\nUnder \n\nThe processes \nthe \nInternal \nreinforcement \ndecisions \non \neconomic growth. the confidence \n\nlaunched with \n\nthe great Community programmes \n\nmarket, \n\ntransition \n\nto Economic \n\nof economic and social \n\ncohesion \n\n- are \n\nand determined actions would have a substantial \n\nof economic agents and give an \n\nand Monetary \nIrreversible. positive \n\n- completion of \nUnion, \nBold \neffect \nto \n\nImpulse \n\nImmediate \n\nto complete \n\nInternal market have resulted \n\nthe \nInitiative \n\nThe efforts \nranging supply side \nthe required decisions \nlaw, however, \nto be solved. The recent agreement on the setting \nArea will \nprogramme. have been taken. Their \nlagging behind and a number of difficult \n\nthe Community. In the most wide-\nMost of \nnational \nstill \nup of a European Economic \nmarket \nInternal \nof \n\nInto \nIssues have \n\nIn the history \n\ntransposition \n\nthe effects \n\nreinforce \n\nextend \n\nand \n\nthe \n\nof \n\nIs \n\n\f- IV -\n\nresult \n\ntype of \nfrom the 1992 programme. Indeed only a single \nto be \npotential \nIntegration \n\nthe Single Market \n\nto strengthen \n\nbenefits \n\nthe \n\nthe \n\nof \n\nAfter many years \nthe degree of nominal convergence \n\nof \n\nthat \n\nallow \n\nfollow \n\nthe full \n\nthe trend \n\nIn an amplification \n\nfor a smooth transition \n\nIts economic performance. the Community and Improve \n\nEconomic and Monetary Union will \neconomic benefits \ncurrency will \nachieved. The primary aim of EMU Is therefore \nof \nof remarkable progress, \nnecessary \nMember States are yet \nconsiderable \ntowards greater \nambitious convergence programmes. It \nImplemented \nneeds are still \nsuccessful \nalready achieved by their partners and by enhanced coordination \nat \n\nIn a resolute way. The Members States, where \nbe reinforced \n\nconvergence, Member States have agreed \nIs \n\ntowards \nto EMU has come to a halt \n\nthe Maastricht meetings, \n\nto make the \nthe need \n\ntransition \nto \n\nthe Community \n\nIn a position \n\noutcome of \n\nRecognizing \n\nadjustment. large will \n\nand clear \n\nImportant \n\nresume \n\nlevel. their \n\nthat \n\nIn \n\nIn 1989/90. Few \nto EMU without \nthe movement \nto embark upon \nthese programmes be \nthe adjustment \nby a \nresults \nprocedures \n\ndetermination \n\nthe \n\nThe Community policy priorities \nappropriate macroeconomlc policies and policies \n\nrequire a consistent \n\nfor structural \n\nImplementation of \nadjustment. to \nthe economy. The coexistence of very high overall \n\nIn all countries \n\nare required \n\nContinued efforts \nof \nand bottle-necks \ngreater \nefforts \nmismatches. At \nwage determination \nsetting \nconsiderations \n\nprocedures \n\nIn certain \n\nsectors \n\nmust be deployed \nto \nthe same time, greater \n\nof \nthe \nImprove \nflexlbl \nIt \n\nImprove the \n\nlabour market suggest \nand reduce \ntraining \nI Ity will \nbe needed both \nIs \n\nflexlblIIty \nlevels of unemployment \nthat \nskill \nIn \nto review wage \nto macroeconomlc \n\nImportant \n\nand the wage structure. so as \n\nto make them more responsive \n\nand to the need of \n\nfurthering \n\nstructural \n\nadjustment. In the \n\nInvestment \n\nIn 1991 are high which points \n\nThe Community, and the whole world, are \nrisks becoming more acute \ndemand for \nrates \nInsufficient \neven less \npent-up capital \nactual demand for \nof all structural \n\nto come. Notwithstanding \nI zed world, \nfact \nthe \nto meet the demand for capital. favourable once Investment activity \ndemand from Central \nfunds. Authorities \nImpediments to \n\nfacing a shortage of savings which \na subdued \nInterest \nsavings are \nrisks becoming \npicks up again and the huge \nInto \nreview \n\ntranslates \nand Eastern Europe \nshould embark on a systematle \n\nIn the years \nIndustrial \nto \n\nlong \nthat available \n\nThis situation \n\nsaving. term \n\nreal \n\nImportant \n\nVarious Member States \n\nThe single most \nhowever, would be a significant \ncountries. Netherlands, \nunsatIsfactory \nImprove macroeconomlc conditions \nfor a smooth transition \nwould also help \nthe burden presently \n\nIreland \nbudgetary positions. to reduce \n\ncontribution \n\nreduction \n(Greece, \n\nto \n\nItaly, \n\nPortugal, \n\nnational \ndeficits \n\nIncreased \nIn public \n\nsaving, \nIn most \nthe \ndegrees, \nto \nconcerned and to allow \nthese goals \nshortage of savings and would ease \n\nThese positions must be corrected \nthe countries \n\nBelgium, \n\ndifferent \n\ntowards \n\nto \n\nIn \n\nto EMU. The necessary progress \n\nthe overall \n\ncarried by monetary \n\npolicy. and Germany) present, \n\n\f- y \n\n-\n\nwithin \n\nrate differentials \n\nThe success of monetary authorities \nexchange rate stability \nmarkets and Interest \ndown substantially. market between \nUnder \nextremely \nGiven the continued strength of \nof Member States, \ncautious. these conditions \nIt \nreduced. the currencies \n\nhowever, \n\ntherefore \n\nthe \n\nof \n\nIs \n\nIn preserving \n\nthe Community has been acknowledged by \namong the EMS currencies \nat \n\nthe short end of \n\nThey have all but disappeared \n\nthe \n\nInitial \n\nnarrow band \n\nroom for manoeuvre at \n\nthe more urgent \n\nInflationary \noverall \n\npressures \n\nmonetary \n\npolicies \n\nprice \n\nstability \n\nand \nthe \nhave come \nthe \nparticipants. Is \nfull EMU. In the vast majority \nremain \n\nshould \n\nlevel \n\nthe national \nto move to \n\nIn \n\nthat \n\nconducive \n\nconditions \n\nconditions \n\nIntegration \n\nand regions \n\nfor structural \n\npolicy measures \n\ntask of creating \n\nadjustment. Member States \n\nnow prevailIng \nthe \n\nthe high degree of economic \n\nthe constraints \nGiven \nexchange rate stability \nand budgetary policy, \nharmonious development of all Community countries \nadjustment. Such policies \npolicies \nappropriate \nIn key sectors of \nrequired \nsupply \nConditions must be created which will \nunemployment \nIs high. catchlng-up process, \nthe \ncooperation, \npenalize entrepreneurial \nMember States should give \nplace \nand supply side policies \nmacro-economic \n\nand \nthe Community exert on monetary \nto an \nfalls more on \nneed to be supported by \nthe \nthat \nemployment. Investment where \nthe \nof \ncloser \nwhich do not \nfactors. a prominent \nlevel \nto \n\nthe Community must ensure \nadditional \n\nSuch conditions \nthat could be further \n\nwould also \nreinforced \nBetter \n\nto \nby a strengthening \n\neconomic policy concept. Cooperation \n\nImprovement of supply policies \n\nare a necessary complement \n\nthe economy to facilitate \n\nlabour markets and \n\nImprove everywhere \n\nare all particularly \n\ncohesion \nrigid \n\nactivities \nthe \n\nIn Member States \n\nthe Community \n\ntax structures \n\nInfrastructure, \n\nCommunity's \n\nJob creating \n\nto create \n\nstrategies. contribute \n\nImportant \n\npolicies. In their \n\nattract \n\nless \n\nand \n\nat \n\ncompetition. Improvement of supply conditions must go hand In hand with maintaining \nand undlstorted \na competitive \nof \ncompeting companies. closer \nsubsidization \n\nopen \nfunctioning \ncan threaten \nto \nspecific \naids should come under \nlimit \n\nImprove convergence. Incorporate \n\nmarket process \nthe \n\nThe Commission strives \n\nPublic subsidies \n\nIn a context of \n\nto EMU state \n\nby confining \n\nrestructuring. advantages \n\nscrutiny \n\nand to \n\nrun-up \n\nthe \n\nto \n\nto \n\nIn \n\nIt \n\nIn \n\nof \n\nto \n\nof \n\nthe \n\ntrading \n\nsystem. areas of \n\nInternational \n\na more open \n\ntraditional \nof mult I lateral \n\nA commitment to more disci pi I ne on subsidies would also contribute \nachievement \nconclusion \nreduced protect \nallow \nrelevance \nInternational \nmarkets \ncountries \ntextiles, \ncarried \npartners, \nIn particular \nand open Community economy will \ndeveloping world and Central \n\nthe \ntimely \nthe Uruguay Round would not only ensure market access and \nbut also \nIon \nto new areas of great \nthe extension \nand \nfor \ntrade \nEuropean \nagriculture, \nnot be \nother \ncompetitive \nthe \n\nthe Community. - services, \nInvestment. It \nthose products with which Central \n\nassist \nIn their development. can \ncoal and steel. relations \nOnly a strong, \n\nthe expense of existing \n\nIn market access will \n\nrules \nIntellectual \n\nand Eastern Europe \n\ncompete effectively \n\ntrade negotiation \n\nrights \nto our \n\nto satisfactorily \n\nImprove access \n\nand Eastern \n\nImprovement \n\nthe world \n\ncommercial \n\ndeveloping \n\nI y agreed \n\ncountries. Important \n\nbe able \n\nproperty \n\nout at \n\nstage: \n\nThis \n\nwith \n\nfor \n\non \n\nto \n\nIs \n\nA \n\n\f- 1 \n\n-\n\nL \n\nECONOMIC SITUATION AND OUTLOOK \n\n1. 1991. Phase of slower growth \n\nA. A less dynamic world economy \n\nOver the last two years the Community has had to operate in an In-\n\nT K. \u00ab i^. ^nD^ \nTaUe 1 : Real GDP. domestic demand and world trade \n\n\\ ^ -. \u2014^ \n\n^-^_ \n\n(% change) \n\n1981-85 1986-89 1990 1991* 1992* 1993* \n\nWorld (excl. EC) \nU. 8A \nJapan \nEC \n\nU. S. A. Japan \nEC \n\n2. 6 \n2. 9 \n3. 9 \n1. 5 \n\n3. 7 \n2. 9 \n0. 9 \n\nWorld imp. (excl. EC) \nGerman imports \nEC imports** \n\n3. 0 \n1. 6 \n2. 0 \n\nG DP \n\n1. 8 \n0. 9 \n5. 6 \n2. 8 \n\n-0. 2 \n-0. 4 \n4. 6 \n1. 3 \n\n3. 8 \n3. 5 \n4. 4 \n32 \n\nDomestic demand \n\n3. 0 \n5. 6 \n42 \n\n0. 5 \n5. 8 \n2. 9 \n\n-1. 0 \n3. 4 \n1. 1 \n\nWorld trade \n\n6. 0 \n6. 1 \n8. 8 \n\n3. 0 \n11. 4 \n4. 7 \n\n1. 8 \n12. 8 \n2. 5 \n\n2. 1 \n2. 1 \n3. 5 \n2. 2 \n\n2. 1 \n3. 7 \n2. 2 \n\n5. 1 \n5. 0 \n5. 2 \n\n3. 1 \n2. 2 \n3. 5 \n2. 4 \n\n2. 1 \n3. 7 \n2. 6 \n\n6. 1 \n4. 7 \n5. 5 \n\ncreaslngly unfavourable eco-\n\nnomlc climate. After peaking In \n\n\" \n\n1988 at around 4%, the growth \n\nof worUd output excluding the \n\nEC \n\nhas \n\nbeen \n\nslowing \n\ncontinuously and was near zero \n\nIn 1991, the weakest rate since \n\n1982. The growth In the volume \n\nof world trade (again excluding \n\nthe EC) has declined even more \n\nfrom a rate In excess of 7% in \n\nCurrent account (% of GOP) \n\n1988 to less than 2% In 1991 \n\nU. S. A. Japan \nEC**'*:::: \n\n-1. 2 \n1. 9 \n\n-2. 8 \n3. 2 \n\n-1. 6 \n1. 2 \n\n-0. 1 \n1. 5 \n\n-0. 7 \n1. 6 \n;\u00a3bi\u00bb:: \n\n-0. 6 \n1. 7 \n-OX \n\nForecast \n\n* \n** EC excl. Germany \n*** EC including Unified Germany from 1991 onwards. Source : Commission Services \n\n(table 1 ). The decline in \n\nactivity \n\nhas \n\nbeen \n\nmore \n\npronounced than assumed at the \n\nbeginning of the year with the \n\nexpected recovery less forth \n\ncoming. The previous assessment of the economic outlook has been \n\nclearly too optimistic. B. A diversified growth pattern In the Community \n\nThe picture of the Community Is rather differentiated: relatively \n\nweak activity In France, Italy and a recession In the United \n\nKingdom, which seems to have reached Its bottom, contrast sharply \n\n\f- 2 -\n\nwith continued rates of expansion In Germany, Luxembourg and \n\nSpain, while the other countries hover between these extremes. a) Expansion continued, particularly In Germany, but at a slowing \n\nrate \n\nGermany continued Its buoyant growth path under the Impact of the \n\nsignificant expansionary impulse of fiscal policy stemming from \n\nunification. Fiscal policy gave a strong boost to private \n\nconsumption, while the Investment performance was underpinned by \n\nInvestors' intentions to widen production capacities in order to \n\nserve the market of the five new Lander. These demand pressures \n\ncould not be met by domestic supply, resulting In a strong spill \n\nover to foreign suppliers implying a swing in the current account \n\nposition from a surplus of 4. 7% of GDP (West Germany) In 1989 to a \n\ndeficit of 1. 1% of GDP (unified Germany) in 1991. But even this strong external leakage of domestic demand was not \n\nsufficient to prevent Internal pressures from developing. A \n\nnumber of factors, including Indirect tax Increases, have \n\ncontributed to an upward movement of the price level. Core \n\ninflation crept up and Inflation in West-Germany is now above 4%. Wage agreements have been concluded that granted pay rises of 6 to \n\n7%. With productivity growth declining, this resulted in an \n\nincrease of unit labour costs of almost 6% with profit margins \n\ndeclining, although from high levels. On account of the strong rise of transfer payments in the context \n\nof unification, the fiscal balance has shifted from equilibrium in \n\n1989 to a deficit of 3. 6% of GDP in 1991, despite revenue \n\nincreasing and expenditure dampening measures of about 2% of GDP \n\nadopted In early 1991. - 3 -\n\nSince about mid 1991 the growth process has been losing momentum \n\nas the expansionary Impulse from unification Is petering out and \n\nas It had to be flanked with a restrictive monetary policy \n\nintended to quell inflationary expectations. Furthermore the \n\noutlook for profitability has deteriorated following the Increase \n\nin unit labour costs. At the same time, the capacity widening \n\neffect of the Investment of recent years has led to some fali in \n\nthe high rate of capacity utilization since the spring of this \n\nyear. Although the danger of a demand-led inflation has eased \n\nsomewhat, there are considerable risks of tax and cost-push \n\nInflation Implied in the present fiscal policy choices, which have \n\nunduly relied on the revenue side. b) Slower growth In the rest of the Community \n\nThe United Kingdom registered a deep recession in 1991, with GDP \n\ndeclining by close to 2%. Private consumption and particularly \n\nInvestment declined significantly under the delayed influence of \n\nthe restrictive monetary policy pursued In 1989 and 1990 to cool \n\noff the overheating of the economy in the previous consumer boom. The rest Of the Community registered a \n\nmore \n\nsubdued \n\nrate of \n\nGraph 1 : Confidence indicators - EC \n(businness s u r v e y s) \n\n10 \n\nI \n\na \n\nI \n1088 \n\no \n\nI \n\na \n1989 \n\nSource : Commission Ssrvlcaa \n\ngrowth of 1. 5% compared to \n\n2. 7% In 1990. Overall, it \n\nwas In particular, the \n\ngrowth \n\nof \n\nprivate \n\nconsumption and exports \n\nthat \n\nretreated, \n\nwhile \n\nInvestment even stagnated. Confidence of consumers \n\nand Industry has been low \n\nsince the outbreak of the \n\nGulf crisis and has shown \n\na limited recovery since \n\n(graph 1 ). - 4 -\n\nInvestment stagnated for the first time after a particularly \n\nstrong Investment boom during the last five years, in the course \n\nof which the European capital stock grew by close to 15% in real \n\nterms. Such a pause for breath was almost unavoidable after the \n\nTable 2: Key indicators of the EC economy \n\nfirst wave of invest-\n\nment In anticipation of \n\nthe completion of the \n\n1983-871988-89 \n\n1990 \n\n1991* 1992* 1993* \n\nInternal \n\nmarket. The \n\nEmployment \n\n0. 3 \n\n1. 6 \n\n1. 4 \n\n0. 5 \n\n0. 3 \n\n0. 5 \n\n::Re\u00e0t:cQ'mp\u00e8iroat^ \n\nInflation*** \n\n5. 8 \n\n4. 3 \n\n5. 2 \n\n5. 0 \n\n4. 5 \n\n4. 2 \n\neffects of the Internal \n\nmarket measures will be \n\nfelt In the years to \n\ncome as the political \n\n' ;RQai:urtit labour costs \u2022\u00ef:::-i:. i:;:;:;:-i:;o^::\u00ef\u00e05::::\u00ef:b:. 6:::^o;7::;::-o:. 7: \n\nand \n\nlegislative deci \n\nInvestment \n\n2. 6 \n\n7. 9 \n\n4. 1 \n\n- 0. 5 \n\n2. 2 \n\n3. 7 \n\n:. erf which; -equipment- ;;\u2022\u2022;\u2022: :: 4. 9 : :;; \u00cf - 9 , 9:: \u00cf ::: 4 :. 7 \u00cf: ^Q^4; >x:2,e^-;>:;4;. e; \n\nForecast \n\n* \n** Real compensation ot employees per head(private consumtion deflator) \n* ** Private consumption deflator \nSource: Commission Services \n\nsions already taken are \n\nImplemented and lead to \n\nan actual dismantling of \n\nthe residual \n\ninternal \n\nbarriers (table 2 ). However, the dent in growth would have been more pronounced In \n\nthe absence of German unification. Indeed the growth performance \n\nof the Community countries was strongly sustained by the demand \n\neffects coming from the German economic expansion. The total \n\nImpact of German unification on the other Community countries Is \n\nestimated at 0. 5 of a percentage point per year on average over \n\nthe period 1990-91 (see box). The slowdown In growth was largely cyclical in countries such as \n\nSpain, Portugal, the Netherlands, Belgium, Luxembourg, Ireland, \n\nItaly and France. The cyclical downswing has brought out \n\nunderlying structural weaknesses in some countries. Italy and \n\nFrance would have had difficulty In maintaining a more sustained \n\npace of economic activity relative to their trading partners in \n\n\f- 5 -\n\nEconomic consequences of German unification \n\nfor the Community \n\nIn general terms, German unification had both real effects via \nand monetary effects via \n\nrate and exchange rate movements. Interest \n\nIntra-Community trade Impulses \n\nthe transmission mechanisms are working via real \n\nOn the real side, \nconsiderable current and capital \nInto additional \nadvantages (geographical proximity, common \nWest- Germany's final demand In turn results \nWorld and, notably to the other Member States of the Community, with positive \nown final demand and GDP growth, all other things being equal. demands mostly addressed to Hest-German firms, \n\nIn favour of the 5 new Under \n\ngiven \nlanguage, common currency). The Induced boost on \nIn Increased Imports addressed to the rest of the \n\nIs partly converted \ncomparative \n\ntrade balance effects: \n\nImpacts on their \n\ntransfers \n\ntheir \n\nthe \n\nTable 1: Quarterly bilateral exporte to Germany, \n\n(X change over same quarter of the previous year) \n\n1990 \n\n1991 \n\nIII \n\nIV \n\nI \n\nII \n\nBLEU \n\n7. 8 \n\n3. 2 \n\n12. 1 \n\n31. 9 \n\n28. 8 27. 0 \n\nDenmark \n\n10. 8 \n\n8. 8 \n\n22. 8 \n\n31. 2 \n\n33. 9 29. 2 \n\nGreece \n\nSpain \n\nFronce \n\nIreland \n\nItaly \n\n3. 4 -2. 7 \n\n3. 8 \n\n8. 4 \n\n8. 1 \n\n4. 9 \n\n16. 3 9. 8 \n\n30. 8 \n\n38. 0 \n\n48. 7 41. 2 \n\n18. 9 -\u00ab. 4 \n\n15. 1 \n\n10. 6 \n\n21. 0 38. 7 \n\n9. 0 8. 8 \n\n11. 7 \n\n6. 9 \n\n13. 6 13. 3 \n\n13. 0 \n\n8. 0 \n\n17. 8 \n\n20. 1 \n\n22. 0 19. 1 \n\nNetherlands \n\n8. 7 -0. 8 \n\n8. 7 \n\n17. 1 \n\n20. 9 18. 8 \n\nPortugal \n\n21. 8 14. 8 \n\n17. 8 \n\n20. 1 \n\n22. 8 21. 3 \n\nUnited Kingdom \n\n6. 7 -0. 8 \n\n7. 1 \n\n13. 4 \n\n17. 8 21. 6 \n\nSource: Bundesbank, monthly report, supplement 3, 1991 \n\nthe \n\nto Germany In \n\nthese positive effects of \nThe amplitude of \nrelative \ncourse depends not only on \ntotal \nImportance of exports \nIn \nexports but also on the share of exports \nGDP (cfr. table 2). Thus, the smaller, open \neconomies having close ties with Germany like \nthe Benelux countries and Denmark are \nlikely \nto be more positively \nto GDP, than the larger countries. affected, \n\nrelation \n\nIn \n\nthe \n\nfirst \n\ntwelve months since \nthe \nIn \nunification, \ntrade movements confirmed the \nestimates made in Hay/June 1990: purchases of \nthe 5 new Lender from the rest of the world \nIncluding tlest Germany went up from 18 bil \nlion DU to about 130 billion, \nan amount close \nto \ntransfers \nreceived by these Under. At the same time \nexcept Greece \nall \nregistered \ntheir \nIn \ntrade with Germany (see table 1). bilateral \n\nconsiderable upswings \n\nEC-countries \n\nequivalent \n\npublic \n\nother \n\nthe \n\nof \n\nFrom these elements, \n(second semester) and 1991 would be respectively around 0. 4 and 0. 6 points \nSmaller and more open economics generally display a higher Impact, particularly \nyear when they also benefit \n\nfrom the Indirect effects of \n\nthe growth Impact for \n\nIt can be estimated \n\nunification. that \n\nthe Community \n\nIn 1990 \n\n(see table 2). In the second \n\nTable 2: Impact of German unification on the growth rate \n\nof the other Member Countries \n\nMemorandum Items 1990 \n\nImpact on \n\nrate of growth \n\nShare of exp. Share of \n\nin % points \n\nto 0 In total \n\nexports \n\nper year \n\nexports X \n\nIn GOP (X) \n\n1990\u00bb \n\n1991 \n\nBLEU \n\nDenmark \n\nGreece \n\nSpain \n\nFronce \n\nIreland \n\nItaly \n\nNetherlands \n\nPortugal \n\nUnited Kingdom \n\n19. 8 \n\n18. 2 \n\n28. 1 \n\n11. 1 \n\n18. 7 \n\n12. 2 \n\n17. 4 \n\n28. 1 \n\n18. 8 \n\n12. 7 \n\n78. 3 \n\n38. 1 \n\n23. 4 \n\n17. 7 \n\n23. 4 \n\n63. 8 \n\n20. 6 \n\n86. 4 \n\n37. 3 \n\n24. 8 \n\n40. 6 \n\n4-1. 0 \n\n40. 4 \n\n40. 7 \n\n40. 2 \n\n40. 4 \n\n40. 3 \n\n40. 8 \n\n40. 4 \n\n40. 7 \n\n40. 3 \n\n40. 8 \n\n40. 3 \n\n40. 6 \n\n40. 7 \n\n40. 9 \n\n40. 3 \n\n40. 4 \n\n40. 2 \n\n40. 8 \n\nEUR 11 \n\n12. 8 \n\n28. 0 \n\n40. 4 40. 6 \n\n* Second semester, in yearly terms \n\nSource: Corrmlesion Services \n\nIt was expected that \nrise \n\nthe \nIn May/June 1990, \nIn \nunification would cause a general \nGerman Interest \nrates and a revaluation of \nthe DM, movements that would have to be \nfollowed by all other countries member of the \nERM with negative effects on their growth \nrates. The reaction of financial markets In \nthe first quarters of 1990 seemed to confirm \nthe \nthose views. Since \nInitial \neffective \nrevaluation, \npre-\nuniflcatlon \nrates \nfor most EC-countries, \nboth \nrise \nfollowed \nfollowed by a decrease. Its \nlevel and nominal Interest \n\nhowever, \nIts \n\nthe same profile \n\nlong and short \n\nexchange rate, \n\nback near \n\nInitial \n\nthen, \n\nafter \n\nfell \n\nof \n\n\f- 6 -\n\nthe monetary effects of the unification on Member States \n\nIt may therefore be estimated that \nwill be somewhat weaker than initially \npresented \neconomics, It may be estimated \nfollowed the same downward cyclical movement as the other countries and the EC-economy would \nhave registered very low growth In 1991. in \neffect, Germany would have \n\nexpected and will not have much Impact on the estimates \n\ntable 2. Thus, although ceteris paribus \n\nIs always difficult \n\nthe unification \n\nthat, without \n\nreasoning \n\nIn \n\nis moreover to be noted that \n\nIn this document all historical \n\nproblems impede to present a reliable picture \n\nIt \nWest Germany only since major statistical \nwhole of Germany. However, there are a few noteworthy exceptions to this general rule, \ntrade figures based on customs data \na methodological break In the time-series concerned. First, \ncover exports and Imports of goods of Unified Germany. Second, the forecast of the general \ngovernment account includes public transfers \nto the five new Under as well as the deficit of \nthe territorial \nof these Lander from 1991 onwards. Third, current account data \nauthorities \nrelate also to Unified Germany. When expressed as a percentage of GDP, In these three cases the \nGDP of Unified Germany Is used. labelled Germany are for \n\nfor the \nImplying \n\ndata \n\nthe aggregation of national data to an EC total \n\nObviously, \ntreatment for Germany. In the table below, an Idea Is given to what extent \nunified Germany, uncertain though they are, affect \nIn particular with regard to real growth, the unemployment rate and \n\ntakes \n\nthe aggregates for the Community as a whole, \nInflation. Into account the retained \nfor \n\nthe forecasts \n\n1991 \n\n1992 \n\n1993 \n\nHeal GDP growth (% p. a. ) \n\nE C \nEC* \n\nE C \nEC* \n\n1. 3 \n0. 9 \n\n8. 6 \n9. 3 \n\n2. 2 \n2. 2 \n\nUnemployment rate \n\n9. 1 \n9. 8 \n\nInflation (% p. a. )a \n\nE C \nEC* \n\n5. 0 \n5. 3 \n\n4. 5 \n4. 7 \n\nMet borrow Ingb \n\nE C \nE C \n\n-4. 3 \n-4. 4 \n\n-4. 3 \n-4. 4 \n\nCurrent account balance0 \n\nE C \nE C \n\n-0. 3 \n-0. 8 \n\n-0. 3 \n\u20220. 9 \n\n2. 4 \n2. 5 \n\n9. 2 \n9. 9 \n\n4. 2 \n4. 3 \n\n-4. 1 \n-4. 3 \n\n-0. 4 \n-0. 8 \n\n* E C \n\nIncluding the new five German Lender \n\na) Deflator of private consumption \nb) General government; as a percentage of GDP \nc) As a percentage of GDP \n\n\f- 7 -\n\nview of the fragility of their external \n\naccounts. Price \n\ncompetitiveness has significantly deteriorated In Italy. In \n\nFrance, the sectoral composition of the trade balance gives reason \n\nfor concern: while the surplus on agricultural products is \n\ngrowing, Its surplus on manufactured goods of the mid 1980s has \n\nturned into a significant deficit, although some improvement could \n\nbe noticed in recent months. The lower growth performance has had, of course, significant \n\nconsequences for the employment situation In the Community, which \n\nhad developed favourably over the 1980s with a net addition of 9 \n\nmillion jobs since 1984 (table 3 ). Despite the fact that growth \n\nbecame more employment intensive, employment growth slowed down \n\nmarkedly for the first time since 1982, resulting In a \n\nsignificant \n\nincrease In the unacceptable \n\nhigh \n\nlevel of \n\nunemployment. Table 3 : Employment in the Community \n\nNonetheless, despite the greater \n\nTotal employment \nin million %change \n\nUnemployment \n\nslack In the labour market, wage \n\nrate ** \n\npressures abated only marginally: \n\n1980 \n\n128. 0 \n\n1984 \n\n124. 8 \n\n-0. 6 *** \n\n1990 \n\n133. 6 \n\n1. 4 \n\n1991 \n\n134. 2 \n\n0. 5 \n\n1992 \n\n134. 6 \n\n0. 3 \n\n1993 \n\n135. 3 \n\n0. 5 \n\n* Forecast \n** in percent of the civilian labour force \n*** average 1980-84 \nSource : Commission Services \n\n6. 0 \n\n10. 7 \n\n8. 4 \n\n8. 6 \n\n9. 1 \n\n9. 2 \n\nnominal compensation per employee \n\nrose by 7% in 1991, a rate only \n\nmarginally below the one in 1990 \n\n(7. 6%). With \n\nthe \n\ncyclical \n\nslowdown In productivity growth \n\nthis resulted in a new increase \n\nin nominal unit labour cost and, \n\ndue to the inability to raise \n\nsufficiently prices, In a further \n\nrise In real unit labour costs with a consequent negative impact \n\non profitability and international competitiveness. - 8 -\n\nGraph 2 : Profitability of fixed capital \n\nNet profit rate of fixed capital \n(1961 - 73 \u2022 100) \n\n<l\u00ablt \u00bb0\u00abl*> \n\nGross fixed capital formi \n(In % of OOP. right \u00aboal\u00bb) \n\nwee \n\n\u00abTO \nluro* : Cemmlaalon 8\u00bbrvlo\u00bb\u00ab \n\n\u00abre \n\n1 \n\nDespite \n\nthis \n\ndecline, \n\npro \n\nfitability remains at a high \n\nlevel. But if unit profit rates \n\nper value added have recovered \n\nto levels prevailing \n\nIn the \n\nperiod \n\n1961-73, \n\nthe \n\nprofi \n\ntability of the capital stock \n\nhas not yet. The productivity of \n\ncapital declined sharply from \n\n1970 to 1983 and only recovered \n\nslowly from 1985 onwards. As a \n\nconsequence, the profitability \n\nof fixed capital Is still below \n\nIts \n\n1961-73 \n\nlevel \n\nso \n\nthat \n\nfurther efforts are needed to \n\nachieve a full restoration of \n\nprofItablIity (graph 2) \n\nTable 4 : Supply-side factors in the Community \n\n(annual % change, unless otherwise stated) \n\n1981-86 1987-89 1990-91 \n\n1991* 1992* \n\nThe deterioration of pro-\n\nf itabl I ity in 1990 and 1991 \n\nIs certainly not dramatic \n\n7. 1 \n\n1. 8 \n\n-0. 5 \n\n2. 2 \n\n(table 4 ). However, while \n\nTotal investment \nof which : \n\nequipment \nconstruction \n\ncapital stock \ncapital productivity \nreal compensation \nper employee ** \n\n0. 1 \n\n1. 7 \n-1. 0 \n\n2. 3 \n-0. 6 \n0. 9 \n\n9. 4 \n4. 9 \n\n2. 7 \n0. 7 \n1. 7 \n\n2. 2 \n1. 7 \n\n2. 9 \n-0. 8 \n2. 1 \n\n-0. 4 \n-0. 5 \n\n2. 6 \n1. 8 \n\n2. 8 \n2. 6 \n-1. 5 -0. 6 \n1. 3 \n2. 0 \n\nreal unit labour costs \nprofitability *** \nreal l. t. interest rate**** \n\n-1. 0 \n73. 8 \n4. 3 \n\n-0. 7 \n90. 2 \n5. 0 \n\n0. 5 \n92. 5 \n5. 3 \n\n0. 6 \n\n-0. 7 \n91. 6 92. 9 \n\n5. 1 \n\nForecast \n\n* \n** Adjusted by the private consumption deflator \n\"** Net return on net capital stock (1961-73 - 100) \n\"\"Adjusted by the GOP deflator \n\nrelative factor prices and \n\nprofitability have only a \n\nlimited \n\nImpact \n\nover the \n\nshort-term on \n\nInvestment, \n\ntheir \n\nimpact \n\nbecomes \n\nstronger in the longer run. A \n\ncontinuation \n\nof \n\nthis \n\ntendency of faltering prof I \n\ntabillty would therefore \n\nbe detrimental for a recovery In \n\ninvestment and employment \n\nSince 1985 Investment has strongly \n\n\f- 9 -\n\nrecovered on the basis of significantly Improved profitability: \n\nreal Investment Is now about one third higher than In 1985. Nevertheless the Investment GDP ratio Is still more than a full \n\npercentage point below the average level of the 1961-73 period. Further progress In this ratio is still warranted In view to \n\nreduce the high level of unemployment in the Community. Sustained wage pressures and increases in taxation in some \n\ncountries did not allow price Increases to abate despite the \n\ncyclical slowdown. Consumption prices and the GDP deflator \n\nincreased at the same pace as In 1990 at around 5%. The outlook for 1992 and 1993: a gradual recovery \n\nAfter bottoming out In the second half of 1991, activity is \n\nexpected to pick up moderately In 19J22 mainly because of domestic \n\nfactors. Although the external environment is expected to Improve \n\nas a result of a take off of world output and trade, the Member \n\nStates of the Community may only benefit to a limited degree from \n\nthis recovery, since this positive development would be \n\ncompensated by the petering out of the demand-pull effect of \n\nGerman unification. The foreign balance therefore Is not expected \n\nto significantly support GDP growth In most countries. Still, \n\nextra Community markets are expected to play a more important part \n\nIn the growth of Community exports than In the last few years. The \n\npreservation of external competitiveness Is therefore crucial. Confidence is expected to be restored gradually leading to a \n\nmodest recovery In private consumption and investment in 1992. With the pursuit of sound policies, the price and cost performance \n\nis expected \n\nto improve, reversing the deterioration in \n\nprofitability during the period 1990-91. As a result of slower activity, employment growth Is expected to \n\nslow down further from 1. 5% on average over the period 1988-90 to \n\n\f- 10 -\n\n0. 5% in 1991 and to 0. 3% in 1992. Combined with the sustained \n\ngrowth of the labour force in the Community, this slower \n\nemployment growth will lead to a further increase in the \n\nunemployment rate from 8. 6% In 1991 to 9. 1% In 1992. For 1993 a further strengthening of the recovery is anticipated \n\nwith real GDP growth rising to around 2%%. Still the higher level \n\nof activity Is not yet expected to result in sufficient job \n\ncreation to match the rise in the labour force resulting in a \n\nfurther, but marginal rise In the unemployment rate. The risk factors surrounding the outlook lie clearly more within \n\nthe Community than outside it, although external uncertainties \n\ncould still affect significantly the outcome in the Community. The \n\noutlook for a gradually strengthening recovery Is very much \n\npredicated on the maintenance of adequate policies. An improvement in the cost performance after the deterioration In \n\n1990-91 is likely to support a gradual pick up of investment. But \n\nif this improvement were not to materialize, it Is uncertain how \n\nInvestment would respond. Stronger growth is, however, needed to \n\nreduce the still high level of unemployment and to facilitate the \n\nstructural adjustment In relation to the completion of the \n\ninternal market and the transition towards Economic and Monetary \n\nUnion. II. P R O G R E SS IN E C O N O M IC C O N V E R G E N CE iS STALLING \n\n1\u2022 \n\nNominal convergence is slipping, but fundamentals remain positive \n\nAfter deteriorating significantly in 1990, price convergence (measured \nby the dispersion of private consumption deflators1^ has improved \n\nsomewhat in 1991 but on a less favourable Infiatlon average than in \n\n1) \n\nDispersion is measured as the unweighted mean of the absolute \ndeviation from the weighted mean. - 11 -\n\nGraph 3 : Price convergence in the \n\nCommunity < m % ) \n\n20 \n\nthe period 1987-89 (graph 3 ). This \n\nwas mainly due to an Increase of \n\nthe average \n\ninflation in the \n\noriginal \n\nnarrow-band \n\ncountries \n\n(EUR-7) attributable essentially \n\nto special developments in Germany \n\nand the Netherlands, while price \n\nperformance generally Improved in \n\nthe other ERM countries, in the \n\ncountries not originally belonging \n\nto the narrow-band price Increases \n\ndeclined and particularly In the \n\nUnited Kingdom. Price developments \n\nIn the Community are, however, \n\nstill a matter of concern, because \n\n1980 \n\n\u00ab 82 \n\n1988 \n1964 \nEur 7 \u2022 B, Dk, D, F, I R L, L, NL \n\n1986 \n\nEur 5 \u2022 G R, E, I T, P, UK \n\n1990 \n\n1992 \n\nthe average level of Inflation Is \n\nst111 near 5% at a moment of \n\nslowing down of economic activity. Graph 4 : Wage convergence in the \nCommunity ( m % ) \n\nWage \n\ndevelopments \n\nand \n\ntax \n\nincreases seem to be the main \n\nAverage \n\nfactors \n\nresponsible \n\nfor the \n\nslippage in price performance. Among the original \n\nnarrow-band \n\ncountries wage developments have \n\nbeen unsatisfactory In 1991 (graph \n\n4) and In Germany, In particular, \n\nthere is a potential risk of the \n\ndevelopment \n\nof \n\ncost-push in \n\nflation. Dispersion \n\n\\ E UH 5 \n\nEUR 12 \n\nEUR 7 \n\n1980 \n\n1982 \n\n1984 \n\n1988 \n\n1988 \n\n1990 \n\n1992 \n\nEur 7 \u2022 B, D K, D, F, I R L, L, N L. Eur 5 \u2022 GR, E, I T, P, U K. The growing tendency to rely more \n\non the revenue side to correct \n\nbudget deficits is not without \n\ndanger for price performance, as \n\n\f- 12 -\n\nIt may reignlte the struggle over the distribution of income. In the framework of EMU, the Community's price and cost performance Is \n\nstill unsatisfactory. For EMU It would be desirable to have average \n\nprice Infiatlon down to the 2-3% range, while divergence is being \n\nreduced at the same time. in the budgetary area the lack of Improvement In convergence, as In \n\nthe field of prices and costs, Is due mainly to a less favourable \n\nsituation in countries that performed well In the years before. In \n\nTable 5 : General government net lendwig (+) or borrowing (-) ** \n\n(in%ofGDP) \n1981 \n\n1985 \n\n1989 \n\n1990 1991* 1992* \n\nEC \n\n-5. 3 \n\n-5. 2 \n\n-2. 9 \n\n-4. 1 \n\n-4. 4 \n\n-4. 4 \n\nGreece \nItaly \nBelgium \nPortugal \nNetherland\u00bb \nGermany \nIreland \nSpain \nUnited Kingdom \nDenmark \nFrance \nLuxemburg \n\n-11,0 \n-11. 4 \n-12. 8 \n-9. 3 \n-5. 5 \n-3. 6 \n-13. 4 \n-3. 9 \n-2. 6 \n-6. 9 \n-1. 9 \n-3. 5 \n\n-13. 6 \n-12. 5 \n-8. 5 \n-10. 1 \n-4. 8 \n-0. 9 \n-11. 2 \n-6. 9 \n-2. 8 \n-2. 0 \n-2. 9 \n5. 3 \n\n-10. 3 \n-10. 1 \n-\u00ab. 7 \n-3. 4 \n-5. Z \n0. 2 \n-3,5 \n-2. 7 \n1. 3 \n-0. 5 \n-15 \n4. 3 \n\n-19,0 \n-10. 6 \n-5. 6 \n-5. 8 \n-5. 3 \n-1. 9 \n-3. 6 \n-4. 0 \n-0. 7 \n-1. 5 \n-1. 6 \n4. 7 \n\n-17,3 \n-9. 9 \n-6. 3 \n-5. 4 \n-4. 4 \n-3. 6 \n-4,1 \n-3. 9 \n-1. 9 \n-1. 7 \n-1. 5 \n1. 9 \n\n-14. 0 \n\n-9. 3 * *' \n-6. 2 \n-4. 6 \n-4. 1 \n-3. 4 \n-4,1 \n-3. 6 \n-3. 6 \n-1. 5 \n-1. 7 \n2. 0 \n\n* Forecast on the basis of unchanged policies. \u2022\u2022 Countries are ranked by size of deficit In 1981. * ** Does not fully Incorporate the effect of the measures of the convergence program \n\nSource: Commission Services \n\n1990, the budget situation \n\nworsened In most countries, \n\ndespite a still \n\nsustained \n\nlevel of activity, but the \n\ndeterioration \n\nwas \n\nparti \n\ncularly marked in Germany and \n\nthe United Kingdom (table 5 ). In 1991 again, the less \n\nfavourable budget position in \n\nthe Community as a whole is \n\nmainly due to the widening \n\ndeficit In the UK and in \n\nGermany. In \n\nmost \n\nother \n\ncountries the deficit more or \n\nless stabilised In terms of GDP, In a context of slower activity. Hence, even automatic stabilizers have not been allowed to exert their \n\nfull effect. This was needed to prevent a further increase of the \n\nbudget deficits. German unification has also contributed to a significant change In the \n\nexternal position of the EC. The EC current account position has \n\ndeteriorated continuously since 1986 from a surplus of 1. 4% of GDP to \n\nan expected deficit of close to 1% of GDP In 1991 (table 6 ). This is \n\n\f- 13 -\n\nTable 6 : Balances on current transactions \n(in % of GDP) \n\ndue to a weakening of the current \n\naccount In most countries, except \n\n1980 1986 1990 1991* 1992* \n\nDenmark, Ireland and the Nether \n\nEC \u2022:\u2022:\u2022:\u2022:\u2022:\u2022:\u2022:\u2022 \n\n:-:t. -2: \n\n1^4 \n\n-0 2 \n\n-ae \n\n-o:9 \n\nlands. The \n\ndeterioration \n\nwas \n\nBelgium \nDenmark; ; ; ; \nGermany \n\n-4. 3 \n\n2. 1 \n\n-1. 7 \n\n4. 4 \n\n1. 0 \n1. 1 \n1. 0 \n;o,\u00e9:;:;:vi:4x>:x2. 2; \n- 1. 1 \n3. 2 \n\n- 0. 9 \n\nparticularly marked In the United \n\nKingdom (from 1986 to 1989), Spain \n\nGreece \nSpain : : :: : \nFrance \n\nIreland \nItaly' \n: : : \nLuxemburg \n\nNetherlands \nPortugal : : \nUnited Kingdom \n\n0. 5 \n-2. 4: \n-0. 6 \n\n11. 8 \n\n18. 7 \n\n- 1. 5 \n\n1. 5 \n\n* Forecast \nSource : Commission Services \n\n- 4. 1 \n\n-5. 3 \n- 6. 1 \n^t\u00e8\u00efx^\u00e0. fifx\u00ef-^\u00e0. \u00ef: \n0. 5 \n\n- 1. 0 \n\n- 0. 7 \n\n- 2. 9 \n0,5 \n39. 4 \n\n3. 4 \n\n2. 3 \n^1;. 4:\u00ef:^1. 3: \n28. 1 \n31. 2 \n\n3. 8 \n\n4. 1 \n\n-3. 4 \n:3. 2: \n\n-0. 8 \n\n2. 0 \n^1,5 \n26. 1 \n\n4. 4 \n\n- 2. 6 \n\n- 1. 1 \n\n- 1. 4 \n\n2. 7 \n\u2022:-:2-. :4-\n- 0. 9 \n\n(from 1987-1989) and Germany (from \n\n1989-1991). But also in France and \n\nItaly \n\nthe \n\nexternal \n\naccounts \n\nweakened significantly. This dete \n\nrioration \n\nresulted \n\nin \n\nmost \n\ncountries \n\nfrom \n\nhigh \n\ndomestic \n\ndemand In relation to production \n\npotential. The most outstanding development of recent years In the external \n\naccounts Is the complete disappearance of the German current account \n\nsurplus. The counterpart of the disappearance of this surplus is not \n\nto be fully found within the Community. About half of the demand \n\nimpact of German unification seems to have leaked outside the \n\nCommunity. The deterioration In the external accounts is particularly \n\nmarked in the trade of manufactured goods: extra-community imports of \n\nmanufactured goods have grown on average more rapidly than intra-EC \n\nimports; among high-tech products more specifically, Community \n\nproducers seem to have conceded some ground to extra-EC producers. Also on the export side the growth of export of manufactures has been \n\nmodest, well below the rate of growth of Intra-EC export volumes. This \n\ntrend points to a reorientation of trade flows to a particularly \n\ndynamic internal market. However, of great concern is the fact that this deterioration In the \n\nexternal account also signals a reduced level of competitiveness, \n\nparticularly in third markets and, even more disquieting, in the high-\n\ntech segment of the market. The Community's currencies have, on \n\n\f- 14 -\n\nbalance, continuously appreciated in real terms since 1984, leading to \n\na loss of market shares. This development raises questions about the \n\nstrength of the economy in some Member States, and its capacity to \n\ncompete effectively with the outside world. Wage competitiveness is \n\ntherefore an Issue that certainly warrants closer scrutiny in the \n\ncases of France and Italy, where the external position remains \n\nfragile. In order to improve convergence during Stage I of EMU, Member States \n\nhave therefore been called upon to draw UP so-called convergence \n\nprograms that are to be discussed and agreed upon at the Community \n\nlevel in the context of multilateral surveillance. Such programs have \n\nbeen presented or are In the process of being formulated by most \n\nMember States, with a view to achieving lasting progress on \n\nconvergence. Real convergence Is slowing \n\nTable 7 : The catching up process in the Community \n\n(GDP per head of population, EC = 100) \n\nOver \n\nrecent \n\nyears, \n\nthe \n\ncatchlng-up countries, with the \n\nSpain Greece \n\nIreland Portugal \n\nexception of \n\nGreece, \n\nhave \n\n1975 \n\n1980 \n\n1986 \n\n1991 * \n\n1992 * \n\nDifferences \n\n1986-80 \n\n1991-86 \n\n81. 9 \n\n74. 2 \n\n72. 8 \n\n79. 0 \n\n79. 9 \n\n-1. 4 \n\n6. 2 \n\n57. 3 \n\n58. 1 \n\n55. 9 \n\n52. 5 \n\n52. 1 \n\n62. 7 \n\n64. 0 \n\n63. 4 \n\n68. 9 \n\n68. 9 \n\n-2. 2 \n\n-3. 4 \n\n-0. 6 \n\n5. 5 \n\n52. 2 \n\n55. 0 \n\n52. 5 \n\n56. 3 \n\n56. 3 \n\n-2. 5 \n\n3. 8 \n\n* Forecast \n** Reference to GDP may overstate progress to the ex-\ntent that income transfers to abroad may have out-\nI \n! \npaced nominal GDP growth. \u00ceSource: Commission Services \n\nsucceeded in reducing their \n\nincome gap with the Community \n\naverage (table 7 ). Appropriate \n\ndomestic \n\npolicies and the \n\ndoubling of resources \n\nmade \n\navailable through the Struc \n\ntural Funds, have contributed \n\nto this outcome. Spain \nIn \ncatching-up \n\nand \n\nwas \n\nPortugal, \nby \nled \n\n\f- 15 -\n\ninvestment as a result of strongly Improved profitability and the \n\nopening up of the Community market. The share of Investment In GDP \n\nexpanded by almost a quarter between 1986 and 1990 (table 8 ). Domestic \n\nsavings were Inadequate to support such expansion so that the current \n\nTable 8 : Investment a nd export shares a nd real unit labour \n\ncosts in t he catching-up countries \n\naccount of the balance of \n\npayments \n\nmoved \n\nto \n\na \n\nGR \n\nIRL \n\nEUR 4 \n\nEUR 8 \n\nsignificant \n\ndeficit. The \n\nInvestment shares (in % of G D P) \n\ncontinuation of the catch Ing-\n\n1986 \n\n18. 5 \n\n19. 5 \n\n18. 1 \n\n22. 1 \n\n19. 6 \n\n18. 9 \n\n1990 \n\n18. 9 \n\n24. 4 \n\n18. 6 \n\n26. 7 \n\n23. 7 \n\n20. 3 \n\n1992* \n\n18. 5 \n\n24. 1 \n\n18. 7 \n\n26. 0 \n\n23. 4 \n\n19. 6 \n\nExport shares On % of G D P) \n\n1986 \n\n22. 4 \n\n19. 9 \n\n55. 2 \n\n33. 2 \n\n23. 8 \n\n28. 0 \n\n1990 \n\n22. 6 \n\n17. 2 \n\n62. 1 \n\n36. 4 \n\n22. 8 \n\n28. 9 \n\nup process in these countries \n\nwill therefore rely, among \n\nother Important factors, on \n\nthe generation of adequate \n\ndomestic \n\nsaving \n\nresulting \n\n1992* \n\n21. 2 \n\n17. 3 \n\n65. 0 \n\n30. 0 \n\n22. 0 \n\n29. 9 \n\nmainly \n\nfrom \n\nfurther \n\nre \n\nReal unit labour costs ( 1 9 6 1 - 73 = 100) \n\nductions in public dissaving. 1986 \n\n102. 3 \n\n91. 1 \n\n92. 8 \n\n98. 4 \n\n1990 \n\n102. 4 \n\n87. 5 \n\n1992* \n\n95. 0 \n\n86. 3 \n\n88. 9 \n\n92. 5 \n\n93. 8 \n\n97. 6 \n\n94. 2 \n\n98. 1 \n\n90. 8 \n\n96. 8 \n\n90. 0 \n\n96. 9 \n\n* Forecast \nSource : Commission Services \n\nIn Ireland, however, the \n\nacceleration of growth was \n\nmainly \n\nexport-led. Budget \n\nconsolidation efforts and \n\nmoderate wage developments dampened domestic demand while at the same \n\ntime improved competitiveness boosted exports. This export led \n\nexpansion made Ireland more vulnerable than Spain and Portugal to the \n\ndeterioration In the international economic climate. Now that Ireland \n\nhas established a sound basis for further catching-up, more emphasis \n\nshould be given to the development of domestic production potential. The investment ratio is still relatively low and has not Increased \n\nmuch. The supply side of the economy, In particular, needs further \n\nimprovement. In Greece, the catchlng-up process has receded over recent years as a \n\nresult of Inadequate policies. The 1991 stabilization and structural \n\n\f- 16 -\n\nadjustment programme adopted by the government is a serious effort to \n\nreverse the country's macro-economic decline and restore Its \n\nproduction potential. The broad aims of the programme are fiscal \n\nreform and structural renewal. The measures for fiscal adjustment and \n\nstructural reform are Interdependent and if applied effectively should \n\nallow Greece to exploit the gains from the process of European \n\nintegration. Recent developments \n\nIndicate, however, that the \n\nimplementation of the programme has encountered serious difficulties \n\nand delays. Failure to fully Implement the programme will further \n\ndelay the resumption of the catching-up process. III. PRIORITIES OF ECONOMIC POLICY IN T HE TOMMUNITY \n\nWith the international environment likely to improve only moderately in the \n\nyear ahead, It Is particularly Important for the Community to reinforce its \n\ninternal potential. Economic policies should therefore contribute to the \n\nswift realization of the major Community projects. Graph 5 : Transposition of internal market directives * The complet ion of the Internal \n\nmaJLfc\u00fbi \n\nremains \n\nan \n\nImmediate \n\npriority for the Community and the \n\nremaining \n\nwork \n\nis \n\nstill \n\nconsiderable: of the 282 White \n\nPaper measures, 69 still require a \n\nCouncil \n\ndecision. The trans \n\nposition \n\nof \n\ndirectives \n\nInto \n\nnational law needs to be speeded \n\nup. 166 White Paper measures have \n\nentered Into force of which 134 \n\nSsss Transposed \n\n\u2022 \n\nDerogations \n\nJ Not t r a n s p o s ed \n\n\u00ce 2J No a c t i on required \n\nSource : Commission Services \n\nsituation as of 15/10/91 \n\nrequire national implementing measures. Of these national measures on \n\naverage 71% have ai ready been taken (graph 5 ). Member States seem to have \n\nrecognized their responsibilities and the need for greater haste. - 17 -\n\nThe Internal market programme has already been a decisive driving force in \nadding to EC growth prospects and prosperity: economic agents have already \nto some extent anticipated the highly competitive environment and the new \noperating conditions and opportunities that will prevail by 1993. This has \nresulted In a strong expansion of investment In the period 1986-1990. The real effects of the Internal market measures will be felt In the years \nto come, especially as residual Internal barriers are actually dismantled. Determined actions and decisions would have a substantial positive effect \non the confidence of economic agents and give a new impulse to economic \ngrowth. An E\u00e7onom IC m$ Monetary Union in the Community will result in an \namplification of the economic benefits that will follow from the 1992 \nprogramme. Indeed only a single currency will allow the ful! potential \nbenefits of a Single Market to be achieved. The primary aim of EMU is to strengthen the integration of the Community \nand improve, its economic performance. EMU will ensurs a climate of \nstability so that the process of self-sustaining growth would be \nstrengthened. The experience of the 1980s has clearly confirmed that there \nis no long-term trade-off between higher inflation and lower unemployment. On the contrary a climate of stability is Increasingly perceived as an \nessential prerequisite for an Improved real economic performance. T he Income gap between the catchlng-up countries and the Community average \nremains sizable and it will therefore take many years to bridge the gap. This process can only be built on the basis of sound growth, which \nincreases domestic production potential. Policies at the national and Community level have to provide the basis for \na continuous relative stronger growth of real GDP, without Inflationary \npressures and unsustainable internal and external imbalances. First and \n\n\f- 18 -\n\nforemost, responsibility for rapid economic and social convergence lies for \n\nthe most part In the least favoured countries themselves. Recent \n\ndevelopments have confirmed that sound macro-economic policies are an \n\nessential condition to improve their internal growth conditions by all \n\naval I able means. The economically stronger countries must also contribute to this process by \n\nsupporting dynamic medium-term growth. The Community shall take into account the objective of strengthening \n\neconomic and social cohesion In the implementation of Its common policies \n\nand of the Internal market. The economic policy actions at Community level \n\nmust act In a synergetlc way to national policies to strengthen economic \n\nperformance in the least favoured Member Countries. The structural Funds \n\nand other financial Instruments, provided they are efficiently used in a \n\nconducive national framework, will considerably Improve both supply and \n\ndemand conditions In the recipient countries. These Instruments should be \n\nreinforced to take account of previous developments and the stronger \n\nintegration In the Community. The envIronment and Its Importance In the overall context of the quality of \n\nlife is Increasingly becoming a matter for Community preoccupation. The \n\nCommission has recently outlined a coherent Community strategy aiming to \n\nstabilise C 02 emissions in the Community by the year 2000 at their 1990 \nlevel. The strategy consists of a range of regulatory, voluntary and \n\npossible fiscal measures taken at the Community level In combination with \n\ncomplementary national programmes. The envisaged reliance on fiscal \n\nInstruments, notably a new combined C02/energy tax, which respects fiscal \n\nneutrality, is considered an Important condition for reaching ~the \n\nCommunity's C 02 emission stabilization objective in the most cost \neffective way. By giving the right price signals all economic agents will \n\nbe induced to adopt environmentally sound behaviour. It Is In the Interest \n\n\f19 -\n\nof long-term economic sustalnablIIty and prosperity, as well as of the \n\nenvironment, \n\nthat \n\nenvironmental \n\nconsiderations are \n\nsatisfactorily \n\nintegrated Into the Community's other policies, notably In the fields of \n\nenergy, transport and agriculture. IV. MACRO-ECONOMIC POLICIES AND POLICIES FOR STRUCTURAL ADJUSTMENT \n\n1. Monetary policy and the EMS \n\nThe aim of the EMS Is to contribute to achieving price stability and \n\nnominal convergence In the Community through exchange rate stability \n\nand an appropriate monetary policy. The conditions for attaining this \n\nhave become more difficult over the past year. In the autumn of 1990, \n\nmonetary conditions In the Community were tightened In response to \n\nrising oil prices. But during the course of 1991, monetary conditions \n\nappear to have eased again. This easing occurred against a background \n\nin which Inflationary pressures In several countries of the Community \n\npersisted or even strengthened despite the fall In oil prices after \n\nthe Gulf war. With the Community economy slowing In 1991, a certain easing of \n\nmonetary conditions was welcome and does not appear to have adversely \n\naffected long-term Inflation expectations: yield curves have tended to \n\nshift downwards this year rather than simply to steepen In response to \n\nthe easier monetary policy, and long rates In most markets are \n\nsomewhat lower than a year ago. Despite this easing, monetary policies \n\nstill remain tight. It is Indeed essential to ensure that nominal \n\nconvergence goes together with an absolute, not a relative, standard \n\nof price stability and that the functioning of the EMS remains a \n\npowerful force for preserving price stability up to a full EMU. In this respect, the mechanism through which monetary policy in the \n\n\f- 20 -\n\nCommunity appears to have eased this year presents some difficulties. During the 1980s the disinflation process in the Community was \n\ndetermined by Germany and transmitted through the exchange rate \n\ndiscipline of the EMS to other ERM narrow-band countries. This link \n\nwas reinforced after the last realignment In January 1987, when \n\nanticipation of further realignments gradually disappeared. The German \n\nstrategy was based on fiscal consolidation and the successful \n\ntargeting of monetary aggregates. This strategy left underlying \n\nInflation at low, If gradually rising, levels even when monetary \n\ntargets were applied with greater flexibility in response to external \n\ncircumstances. The progressive disappearance of realignment expectations have \n\nsignificantly \n\naltered \n\nthis \n\nconfiguration. The \n\nconsiderable \n\nexpansionary swing In fiscal policy in Germany as a result of \n\nunification coupled with the pursuit of a stability oriented monetary \n\npolicy leads to a real appreciation of the currency as real demand \n\nexceeds real domestic supply. This policy mix and the impossibility to \n\nallow the ensuing real appreciation to take place through a nominal \n\nexchange rate adjustment in the ERM, put considerable additional \n\npressure on Interest rates in Germany. Indeed the excessive demand \n\npressures have had a strong influence on the wage bargaining process, \n\nfeeding creeping price rises. This process has been exacerbated by the \n\nheavy reliance on revenue measures to limit the fiscal impact of \n\nun ification. Uncertainty over the extent to which the Bundesbank will be able to \n\npreserve the same policy strategy as in the past has at times surfaced \n\nin the markets. These uncertainties and the expectations of stable \n\nexchange rates and decreasing inflation differences have resulted in a \n\nsignificant reduction within the ERM In interest rate differentials \n\nvis-\u00e0-vis the DM, where the exchange risk premium has more or less \n\ndisappeared. - 21 -\n\nGiven that Inflationary pressures remain significant In the Community \n\nas a whole, any further loosening of the stance of overall monetary \n\npolicy is at present not warranted. The necessary collective character \n\nof the EMS Implies that other members of the ERM than Germany, and In \n\nparticular the bigger countries must accept a share of responsibility \n\nfor achieving a monetary policy In the Community consistent with the \n\nlowest \n\nlevel of price \n\nIncreases and with continued downward \n\nconvergence by the high-infI at Ion countries. In the two countries not yet participating in the ERM, Portugal and \n\nGreece, inflation is In double digits although It has recently \n\ndecelerated in both countries. In Portugal, the Immediate priority is \n\nto maintain monetary policy tight enough to reduce overheating In the \n\nlabour market. Given the scale of capital inflows, this will probably \n\nhave to Involve some continued upward flexibility, for a time, of the \n\nreal exchange rate. The aim should be to adhere to the ERM at a time \n\nwhen sufficient steam had already been taken out of the economy to \n\nensure that the ERM constraint did not lead to an Inappropriate \n\nloosening of monetary policy. In Greece, monetary policy must continue to try to contain the \n\ninflationary pressures created by a clearly excessive budget deficit. But monetary policy cannot cope Indefinitely with the consequences of \n\nthe public finance problem. Only adherence to the budget ceilings laid \n\ndown In the stabilization programme can hope to ensure early and \n\nlasting nominal convergence In Greece. Budgetary DO I lev \n\nSince budgetary authority will remain at the level of the member \n\nstate, progress towards EMU necessitates Increased coordination by \n\nreference to principles or rules that ensure that fiscal policy will \n\nnot undermine stability in the Community. - 22 -\n\nA first group of countries (Greece and Italy) have been showing \n\nexcessive budget deficits for many years and steadily Increasing \n\npublic debt burdens (table 5 and graph 6 ). Graph 6: Trends in gross public debt \n(in % of GDP) \n\n140 \n\n1 20 \n\n100 \n\nao \n\n60 \n\n40 \n\n20 \n\nI \n\nI \n\n! \ni \n\nI \ni \n\nj 140 \n\n! 120 \n\nj 100 \n\ni BO \n\n; so \n\n75 \n\nao \n\nBS \n\n90 \n\n92 \n\n71 \n\n75 \n\n80 \n\n85 \n\nSource : C o m m l a a l on S e r v i e ** \n\nIn Greece, budgetary developments \n\nIn 1991 show a departure from \n\nprevious trends as a result of \n\nthe Implementation of the new \n\nthree-year convergence programme. Budgetary adjustment and reform \n\nwill, however, fall short of the \n\ntargets. The programme needs to \n\nbe Implemented more vigorously to \n\nensure a significant reduction of \n\nthe \n\nbudget \n\ndeficit \n\nand \n\na \n\nstabilization of the public debt \n\nrat io. The budgetary performance of \n\nItaly, continues to diverge from \n\nthe other narrow-band members of \n\nthe ERM. The budget deficit has remained persistently above 10% of GDP \n\ndespite repeated attempts to correct It. As a result the public \n\ndebt/GDP ratio passed the 100% mark In 1990 and has continued to \n\nincrease since then. There has clearly been no lack of adjustment \n\nprogrammes but rather of forceful implementation. More emphasis should \n\nbe laid on the Instruments that will be used to meet the targets and \n\non structural measures to Improve the public finances. Even If \n\nforcefully implemented, the present programme still risks falling \n\nshort of the announced targets as it rests on a very positive growth \n\nscenario. Moreover, this programme is markedly tax-centred. The \n\nforward shifting of increases in direct taxation, on the part of tax \n\n\f- 23 -\n\npayers, on to higher wage claims could contribute to Inflationary \n\npressures. It Is encouraging though, that the Italian Government has \n\nconfirmed its willingness to take corrective measures should targets \n\nnot be met. A second group of countries (Belgium, Netherlands, Portugal and \n\nIreland) still has sizable deficits and excessively high public debt \n\nratios. In Belg I urn. consolidation efforts undertaken during the period \n\nof strong growth (1988-90) were not sufficient to prevent a new rise \n\nof the public debt ratio in 1991, when economic activity slowed down. The double government norm aimed at freezing real non-interest \n\nexpenditures and keeping the central government deficit constant in \n\nnominal terms, is clearly insufficient and needs to be extended to all \n\nlevels of government, including social security. A significant \n\nreduction of the deficit is needed to bring the public debt ratio, \n\nwhich is still double the Community average, on to a clearly \n\ndec IInlng trend. Consolidation efforts In the Netherlands have also been inadequate \n\nduring the period of strong growth (1988-90). Additional measures have \n\nbeen taken In 1991 so that public finance targets will be reached. The \n\npersistence of public dissaving, however, would warrant a tightening \n\nof government medium term targets in order to reduce the public debt \n\nratlo. The reduction In public finance Imbalances in Portugal in recent \n\nyears reflects the complete overhaul of the tax system which Increased \n\nits efficiency, an effort of expenditure restraint, the cyclical \n\nupturn of the economy and the privatization process. However, the \n\nrelative size of both the general government deficit and public debt \n\nare above the Community average. Consequently and also in order to \n\nassist the disinflationary process, fiscal adjustment remains one of \n\nthe main priorities of economic policy and should continue to be \n\nvigorously implemented. - 24 -\n\nIreland has been remarkably successful In consolidating Its public \n\nfinances In the late eighties. Further consolidation has since been \n\nslowed because of the effects of weaker growth on revenue and \n\npressures on public expenditure from rising unemployment and increases \n\nin public sector pay. Consolidation efforts should be maintained over \n\nthe medium term to keep the public debt ratio on a firm downward path. Germany and the United Kingdom are separate cases. In Germany. as a direct consequence of the large financing needs \n\narising from unification, the swing in the public sector accounts has \n\nbeen significant close to 4% of GDP between 1989-91 despite a \n\nsustained level of activity. Even If the present deficit is less a \n\nmatter of concern, apart from contributing to a biased policy mix, the \n\nmedium-term prospects for bringing the deficit under control are \n\nrather disquieting. Even If consumption supporting outlays will be \n\nreduced, they will gradually be replaced by large scale infra-\n\nstructural Investment; the dynamics between a steeply rising public \n\nsector indebtedness and Interest charges will put further pressure on \n\noutlays. Fiscal consolidation will therefore be a major policy \n\nchallenge for the years to come. Moreover, considerable emphasis has recently been laid on Increasing \n\nrevenues. Higher direct or Indirect taxes are, however, very likely to \n\nbe reflected in higher wage demands to compensate for the Income loss. In these conditions, excessive reliance on tax increases may Initiate \n\na new cycle of ever rising claims on income distribution. There is \n\nstill considerable scope on the expenditure side to reduce the budget \n\ndeficit. In addition income support schemes should be designed in such \n\na way as to ensure their temporary character. In the United kingdom, deterioration In the budget balance is \n\n\f- 26 -\n\nprimarily due to the working of the automatic stabilizers during the \n\nsevere recession. The authorities medium-term objective remains that \n\nof attaining broad budget balance on a cyclically adjusted basis. A \n\ncautious policy stance remains appropriate to maintain compliance with \n\nthe medium-term objective of a balanced budget and continued positive \n\npub IIc saving. In the last group of countries (Denmark, Spain, France and Luxembourg) \n\nbudget balances and public debt burdens are broadly under control. These countries have positive public savings, meet the golden rule and \n\nhave a public debt ratio below the Community average. There Is still a \n\nneed to maintain a cautious policy stance In these countries since \n\nsome of them have strong inflationary pressures and large external \n\ndeficits (Spain) or a high foreign debt (Denmark). The Insistence on bjidflej consolidation Is motivated by several \n\nconsiderations: first It is Intended to redress the presently lopsided \n\npolicy mix of a relatively loose fiscal policy combined with a \n\nrelatively restrictive monetary policy. Even when budget deficits are \n\nJustifiable by temporary and exceptional factors, It would still be \n\nappropriate to reduce them as fast as possible to achieve a more \n\nbalanced policy mix. Second, there Is a need for higher saving within \n\nthe Community for which the reduction of public deficits should \n\nprovide a significant contribution. Finally, a more restrained fiscal \n\npolicy Is likely to result in more balanced wage developments, which \n\nwould contribute to better convergence. A desired additional Increase in the Investment ratio to Increase \n\ngrowth and employment raises the Issue of the adequacy of aavIno. Although there are few signs that the low level of saving has had \n\nmajor repercussions on economic performance so far, It has contributed \n\nto keeping real long interest rates high. The inadequacy of saving, \n\n\f- 26 -\n\nhowever, risks becoming a more decisive constraint on growth in the \n\nfuture, particularly for the newly liberalizing countries in Eastern \n\nand Central Europe and the developing world. A saving surplus can only \n\nbe realized if the considerable public dissaving in the Community and \n\nIn the other major Western countries is reversed. The generation of \n\nsufficient public saving Is therefore also an essential precondition \n\nfor a successful take-off of market economies in Central and Eastern \n\nEurope. Finally, in a full fledged EMU fiscal policy and particularly monetary \n\npolicy will have less room for manoeuvre. Therefore more emphasis will \n\nhave to be laid on structural measures to bring about the necessary \n\nadjustment in the Community economies. 3. Policies for structural adjustment \n\nThe efforts to establish an internal market have resulted in the most \n\nwide-ranging supply side Initiative In the history of the Community. The dynamic of the Internal market has, however, not only Increased \n\nthe growth potential of the Community, it has also highlighted the \n\nstill sizable rigidities present in markets. Such rigidities become \n\nmore visible when competition increases. In the present less \n\nsupportive International environment It is also important for the \n\nCommunity to reinforce its own domestic growth. Policies of structural adjustment, supported by adequate industrial \n\npolicies , Improve the adaptability and efficiency of the Community \n\neconomies. In line with the implementation of the 1992-programme, the \n\nCommission has emphasized the need for industrial policy measures in \n\nvarious Important sectors and has put forward proposals to this \n\neffect. Policies of structural adjustment must accompany the \n\ncompletion of the internal market in order to ensure that its full \n\nbenefits are actually forthcoming. - 27 -\n\nFurthermore in EMU the nominal exchange rate will no longer be \n\navailable between full participants as an Instrument for adjustment. Increased flexibility in all markets will therefore be necessary to \n\nensure a balanced development of all areas of the union. In EMU, \n\nadaptability of the labour market will be an important element for \n\nadjustment If one wants to avoid further Increases in unemployment. Both national and Community policies for structural adjustment will \n\nhave to play an even more important role. Together with prudent macro-\n\neconomic policies and the Community policy on economic and social \n\ncohesion which will have to be reinforced, this must constitute the \n\nCommunity's response to restore sustainable growth rates above 3t\u00eb% a \n\nyear in order to reduce the still high level of unemployment. Four \n\nareas \n\nin particular deserve further structural \n\nimprovements: \n\ncooperation, the labour market, competition policy and international \n\ntrade. Cooperation can Improve the underlying conditions within which \n\ncompanies operate and strengthen the Community's international \n\ncompetition by mustering energies and Innovation. A policy to improve \n\ninfrastructure, and especially transportation, is an indispensable \n\nelement In the creation of the internal market. It is equally an \n\nelement In the cohesion process in the sense that a better working \n\nInfrastructure lowers transportation and communications costs and \n\nbrings the peripheral regions closer to the centre of the Community. Further efforts will also have to be undertaken in the area of \n\nInnovation, research and development. Research and development \n\npolicies will stimulate the competitiveness of the Community \n\ncompanies, but, In a period of intense technological change often \n\ninvolving massive development costs, the results of such efforts must \n\nbe spread more widely through Increased cooperation. This wl I I hasten \n\nthe adjustment of our economies to new technological advances. Also In \n\n\f- 28 -\n\nthe area of industrial restructuring and the environment, increased \n\ncooperation is likely to facilitate adjustment. Cooperation in these \n\nareas should allow the Community to better face International \n\ncompetition. The Community can play an important stimulating role in \n\nbringing enterprises together. Labour markets In the Community have been showing greater adap \n\ntability, but this Improvement is still Insufficient. Rising wage \n\npressures at a time when more than 9% of the civilian labour force Is \n\nstill unemployed suggest that significant structural problems persist \n\nin labour markets. The completion of the internal market at a time of reduced growth in \n\nthe Community economy and increased competition from abroad means that \n\ncompanies and workers have to adapt working methods and practices to \n\nthese new circumstances. Flexibility In companies' responses to the \n\nnew operating environment have to be matched by flexibility in the \n\nlabour market In terms of training and skills as well as In the \n\nemployment conditions and practices. In most countries, the adjustment of wage costs is still Insufficient \n\nto ensure full employment. If Increased unemployment is to be avoided, \n\nthe social partners must take the need for adjustment more into \n\naccount in their negotiations. Member States' authorities should \n\ntherefore make their policy objectives more visible so that macro-\n\neconomic prospects can be better taken Into consideration in wage \n\nnegotiations. Credible commitment to convergence by member governments \n\nprovides one such approach. Rigid wage structures, employment practices and lack of training have \n\naccentuated the problems of those outside the work force. The large \n\nnumber of untrained unemployed illustrates the problem of cost and \n\nadequate skills in relation to their productive potential. Member \n\nStates should examine labour market regulations and social security \n\n\f- 29 -\n\nprovisions In order to rectify features that Impede entry or re-entry \n\ninto the labour market. Finally, there seems to be a good case for encouraging a more active \n\nlabour market policy with greater emphasis on retraining than on the \n\nprovision of unemployment support. Competition is bound to Intensify with the completion of the Internal \n\nmarket as barriers are systematically reduced. European companies must \n\nbe prepared for this greater competition, that has already generated a \n\nwave of merger activities within the Community. To avoid dominant \n\npositions that reduce competition and lower overall welfare, the \n\nCommunity pursues an active competition policy. Increased competition may also lead to calls for more aid to defend \n\ncompanies or Industries that are coming under pressure from such \n\ncompetition. State subsidies can threaten, however, the functioning of \n\nthe market process by confining specific advantages to competing \n\ncompanies. They also risk preventing the necessary restructuring of \n\nIndustry. Therefore the Commission strives to limit subsidization and \n\nto Incorporate It in a context of restructuring. The economically stronger countries In the Community should resist the \n\ntemptation to compensate by domestic subsidies the greater competition \n\nresulting from the opening of markets. Indeed such subsidies risk \n\ncancelling out the competitive advantages gained by the least favoured \n\ncountries In specific sectors. Free and undistorted competition In the Community requires efficient \n\nsurveillance of state aids. The Commission has undertaken two surveys \n\non public aids in the European Community In 1988 and In 1990 and is \n\nconsistently striving for greater transparency In this field. Public \n\naids still absorb a significant share of public resources In Member \n\nStates (table 9 ). The second survey Identified total national public \n\naids amounting to 2. 2% of Community GDP, or more than twice the \n\n\f- 30 -\n\nCommunity budget. The differences between Member States are \n\nconsiderable, with Denmark and the United Kingdom spending Just 1% of \n\ntheir GDP, but Belgium, Greece, Italy and Luxembourg spending 3% and \n\nmore. Table 9 : State aids in the Community * \n\n(average 1986-88) \n\nin%of \nGDP \n\nin%of \npublic \nexpenditure \n\nGranted in the form of (%) \n\npublic \n\ntax \n\nexpenditure expenditure \n\nB \nOk \nD \nGr \nE \nF \nhi \nIt \nL \nNI \nP \nUK \n\n3. 2 \n1. 0 \n2. 5 \n3. 1 \n2. 3 \n2. 0 \n2. 7 \n3. 1 \n4. 1 \n1. 3 \n2. 3 \n1. 1 \n\n5. 8 \n1. 7 \n5. 3 \n6. 5 \n5. 5 \n3. 8 \n5. 2 \n6. 2 \n7. 6 \n2. 1 \n5. 3 \n2. 6 \n\n100 \n36 \n100 \n100 \n82 \n63 \n64 \n91 \n70 \n41 \n94 \n\n11 \n0 \n64 \n0 \n0 \n18 \n37 \n36 \n9 \n30 \n60 \n6 \n\n* Refers to subsidies thai are subject to Community rules. The total of sub \nsidies granted Is drfficut to establish due to the various forms subsidies \ncan take and the lack of comprehensive national data. Source : Commission, Second survey on state aids. State \n\naids \n\nare \n\nheavily \n\nconcentrated: the manufacturing \n\nsector took 41%, the transport \n\nsector 30%\u201e the coal industry 16% \n\nand agriculture (national aids) \n\n13%. In the run-up to EMU, national \n\nexpenditures on subsidies should \n\ncome under closer scrutiny to \n\nimprove convergence. A commitment \n\nto more discipline on subsidies \n\nwould also contribute to the \n\nachievement of a \n\nmore open \n\ninternational trading system. The resurgence of protectionist tendencies In International trade is \n\na worrisome development. Friction among trading partners has been \n\nintense, particularly with regard to the subsidization of agriculture \n\nand some declining Industries. The use of non-tariff measures to \n\nprotect domestic products has Intensified In various parts of the \n\nworld. The Community is committed to achieving by the end of 1991 an \n\nambitious, global and balanced result to the Uruguay Round, which Is \n\npresently in a crucial phase. This is necessary in order to strengthen \n\nthe multilateral trading system and to reverse the trend towards \n\nprotectionism. Further delays could undermine the adjustment strategy \n\nof many developing and Central and Eastern European countries which \n\nhave adopted an outward-looking market oriented approach to growth and \n\n\f- 31 -\n\ndevelopment. The major \n\nIndustrial \n\ncountries carry \n\na \n\nlarge \n\nresponsibility In this area and should strive for an early conclusion \n\nof the Uruguay Round. A successful outcome of the Round would not only serve the interests \n\nof the Community by ensuring market access and reduced protection In \n\nthe traditional areas of trade negotiations. It would also allow the \n\nextension of mult I laterally-agreed rules to new areas of great \n\nrelevance for the Community: services, Intellectual property rights \n\nand International Investment. The negotiations between the Community and EFTA countries with the aim \n\nof erecting an European Economic Area have been concluded and will \n\nincrease the benefits of the Internal market to an even greater area. By facilitating the flow of goods, services, capital and labour \n\nbetween the EC and EFTA, the agreement wl 11 make a further \n\ncontribution to more competition and the improvement of the supply \n\nside of the economy. The Community is actively involved in assisting Central and Eastern \n\nEuropean countries to advance political and economic reforms. The \n\nCommission not only manages the Community's own programmes of \n\nassistance, but Is also coordinator for the G-24, a group comprising \n\nall major industrialized countries. Assistance takes a variety of forms, Including support for economic \n\nreconstruction, \n\nfood-aid \n\nand \n\nemergency \n\nassistance, \n\ntechnical \n\nassistance, balance of payments support, investment finance and export \n\ncredits. The Community has become the main source of funds for \n\nCentral and Eastern European countries, providing about half of the \n\ntotal aid they receive. Moreover, the Community has completed \n\nnegotiation \n\nfor \n\nEurope agreements establishing \n\nrelations of \n\nassociation with Hungary, Poland and Czechoslovakia. These agreements \n\n\f- 32 -\n\nwill enable Central and Eastern European countries to participate in \n\nthe process of European integration. They are of an overriding \n\npolitical and economic importance, at a time when these countries' \n\nreforms are at a crucial stage and their main traditional export \n\nmarket (the USSR) has collapsed. The establishment of free trade will \n\nencourage private investment in these countries, which is one of the \n\nmain conditions for the economic reforms to be successful. The \n\nCommunity is ready to negotiate similar agreements with other Central \n\nand Eastern Europe countries which satisfy the necessary political and \n\neconomIc condItIons. The Community has shown Its willingness to Improve access to its \n\nmarkets to Central and Eastern Europe for products with which these \n\ncountries can compete effectively on world markets \n\nincluding, \n\nagriculture, textiles, coal and steel. Account should be taken of the \n\nimplications and difficulties of this Improved access for the sectors \n\nand regions concerned In the Community. This Improvement in market \n\naccess will not be carried out at the expense of existing commercial \n\nrelations with other partners, In particular developing countries with \n\nwhich the Community has cooperation agreements. Such market access is \n\ncritical for successful development of these economies. MAIN ECONOMIC INDICATORS 1989-1993 \n\nCommunity, USA and Japan \n\nGDP at constant prices (1) \n(annual % change) \n\n(b) \n\nDomestic demand at constant prices \n(annual % change) \n\n1989 \n\n1990 \n\n1991* \n\n1992* \n\n1893* \n\n1989 \n\n1990 \n\n1991' \n\n1992* \n\n1993* \n\n3. 9 \n1. 2 \n3. 3 \n\n2. 8 \n4. 8 \n3. 6 \n\n5. 9 \n3. 2 \n6. 1 \n\n4. 0 \n5. 4 \n2. 2 \n\n3. 3 \n\n2. 8 \n4. 9 \n\n3. 7 \n2. 1 \n4. 7 \n\n-. 3 \n3. 7 \n2. 8 \n\n5. 7 \n2. 0. 9 \n\n3. 9 \n4. 0. 8 \n\n2. 8. 9 \n5. 6 \n\n1. 3 2 1/4 2 1/2 \n1. 8 3 \n3 1/4 \n3. 3 2 1/4 1 3/4. 7 \n2. 5 \n1. 3 \n\n1 1/4 \n3 \n2 1/4 \n\n2 \n3 1/4 \n2 1/2 \n\n1/4 \n\n1. 3 2 \n1. 1 2 \n3. 0 3 1/2 \n\n2 3/4 \n2 1/2 \n3 1/2 \n\n2. 3 1 1/4 2 \n2. 0 1 3/4 2 \n-1. 8 2 \n\n2 3/4 \n\n1. 3 2 1/4 2 1/2 \n\n-. 4 \n4. 6 \n\n2 \n3 1/2 \n\n2 1/4 \n3 1/2 \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \nI \nL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP \n\n4. 9. 3 \n2. 7 \n\n3. 3 \n7. 8 \n3. 2 \n\n6. 0 \n3. 6 \n7. 8 \n\n4. 9 \n4. 0 \n3. 1 \n\n3. 7 \n\n22 \n5. 7 \n\n3,4 \n-. 7 \n5. 0 \n\n3. 3 \n4. 6 \n3. 2 \n\n5. 4 \n1. 9 \n2 2 \n\n36 \n58 \n\n-1 \n\n2. 9. 5 \n5. 8 \n\n1. 2. 4 \n3. 0 \n\n-. 3 \n3. 1 \n1. 1. 6 \n1. 5 \n4. 3 \n\n2. 1 \n4. 6 \n-3. 0 \n\n2 1/4 \n2 \n2 1/4 \n\n1 \n3 1/2 \n2 \n\n1 1/4 \n2 1/4 \n3 3/4 \n\n1/4 \n3 1/4 \n2 1/4 \n\n2 \n1/4 \n3 1/4 \n2 \n\n2 1/4 \n3 1/2 \n2 1/4 \n\n1 3/4 \n2 3/4 \n3 3/4 \n\n1 1/2 \n3 1/4 \n3 \n\n1. 1 \n\n2 1/4 \n\n2 1/2 \n\n-1. 0 \n3. 4 \n\n2 \n3 3/4 \n\n3/4 \n\nDeflator of private consumption \n(annual % change) \n\n(d) \n\nBalance on current transactions \n(as a % of GDP) \n\n1989 \n\n1990 \n\n1991' \n\n1992* \n\n1993* \n\n1909 \n\n1991' \n\n1992* \n\n1993* \n\n3. 5 \n5. 1 \n3. 1 \n\n14. 7 \n6. 6 \n3. 5 \n\n3. 9 \n5. 8 \n3. 4 \n\n2. 9 \n12. 8 \n5. 9 \n\n4. 9 \n\n4. 5 \n1. 7 \n\n3. 5 \n2. 5 \n2. 6 \n\n20. 2 \n6. 4 \n2. 9 \n\n2. 6 \n6. 2 \n4. 2 \n\n2. 5 \n13. 6 \n8. 4 \n\n52 \n\n5. 0 \n2. 4 \n\n3. 2 \n2. 4 \n3. 5 \n\n18. 3 \n5. 8 \n3. 0 \n\n3. 0 \n6. 4 \n3. 4 \n\n3. 2 \n11. 7 \n6. 5 \n\n1/2 \n1/4 \n1/4 \n\n14 1/4 \n5 1/2 \n\n1/4 \n3/4 \n\n3 1/2 \n9 1/2 \n4 1/2 \n\n1/2 \n1/2 \n\n3 \n2 \n4 \n\n11 \n5 \n2 \n\n1/4 \n3/4 \n\n2 \n5 \n3 \n\n3/4 \n1/4 \n1/4 \n\n3 1/4 \n7 3/4 \n4 \n\n50 \n\n4 1/2 \n\n4 1/4 \n\n4. 4 \n2. 8 \n\n4 3/4 \n2 1/2 \n\n5 \n2 1/2 \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP \n\n1. 1 \n-1. 2 \n4. 7 \n\n-4. 8 \n-3. 2. 1 \n\n1. 3 \n-1. 4 \n34. 4 \n\n3. 3 \n-2. 9 \n-4. 8 \n\n-. 1 \n\n-1. 9 \n2. 1 \n\n1. 0. 8 \n3. 2 \n\n-6. 1 \n-3. 5 \n-1. 0 \n\n3. 4 \n-1. 4 \n31. 2 \n\n3. 8 \n-. 3 \n-2. 6 \n\n1. 0 \n1. 4 \n-1. 1 \n\n4. 1 \n-3. 1 \n-. 7 \n\n2. 3 \n-1. 3 \n28. 1 \n\n4. 1 \n-1. 1 \n-1. 1 \n\n1 \n2 1/4 \n\n-1 \n\n3 1/4 \n-3 1/4 \n-3/4 \n\n1 1/4 \n2 1/2 \n-3/4 \n\n-2 3/4 \n-3 1/4 \n-3/4 \n\n2 \n-1 1/2 \n26 \n\n1 3/4 \n-1 3/4 \n25 1/2 \n\n4 1/2 \n-1 1/2 \n-1 1/2 \n\n4 3/4 \n-2 1/2 \n-1 1/4 \n\n-1 \n\n-3/4 \n\n-1. 6 \n1. 2 \n\n-. 1 \n1. 5 \n\n-3/4 \n1 1/2 \n\n-3/4 \n1 3/4 \n\n(a) \n\nB \nOK \nO \n\nGR \nE \nF \n\nIRL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP \n\n(c) \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP \n\n(*) Based on the forecasts of October 1991. ( I) GNP for USA and Japan from 1990 onwards. Source : Commission services. d3 \n\n\f(e) \n\nNumber of unemployed as % of the \ncivilian labour force \n\n(f) \n\nGeneral government lending and \nborrowing (as a % of GDP) \n\n1990 \n\n1991' \n\n1992* \n\n1993* \n\n1989 \n\n1990 \n\n1991' \n\n1992* \n\n1993* \n\n8. 5 \n7. 7 \n5. 5 \n\n7. 5 \n17. 1 \n9. 4 \n\n16. 0 \n10. 7 \n1. 8 \n\n8. 7 \n4. 8 \n7. 0 \n\n8. 9 \n\n5. 3 \n2. 3 \n\n8. 1 \n7. 9 \n5. 1 \n\n7. 5 \n16. 1 \n9. 0 \n\n15. 6 \n9. 8 \n1. 8 \n\n8. 1 \n4. 6 \n6. 4 \n\n8. 4 \n\n5. 5 \n2. 1 \n\n8. 6 \n9. 2 \n4. 6 \n\n8. 8 \n15. 8 \n9. 5 \n\n16. 8 \n9. 4 \n1. 6 \n\n7. 2 \n4. 0 \n8. 4 \n\n8 1/2 \n9 \n5 \n\n8 1/2 \n8 1/2 \n5 1/2 \n\n9 1/4 \n15 1/2 \n10 \n\n9 3/4 \n15 1/4 \n10 1/4 \n\n18 \n\n9 1/2 \n1 1/2 \n\n18 1/2 \n9 1/4 \n1 1/2 \n\n7 3/4 \n4 1/4 \n9 3/4 \n\n7 3/4 \n4 3/4 \n\n10 \n\n8. 6 \n\n9 \n\n6. 7 \n2. 2 \n\n7 \n2 1/4 \n\n9 1/4 \n\n6 3/4 \n2 1/4 \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \nI (2) \nL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP \n\n-6. 7 \n-. 5. 2 \n\n-18. 3 \n-2. 7 \n-1. 2 \n\n-3. 5 \n-10. 1 \n4. 3 \n\n-5. 2 \n-3. 4 \n1. 3 \n\n-2 9 \n\n-1. 7 \n2. 5 \n\n-5. 6 \n-1. 5 \n-1. 9 \n\n-19 8 \n-4 0 \n- 16 \n\n-3. 6 \n-10. 6 \n4. 7 \n\n-5. 3 \n-5. 8 \n-. 7 \n\n-4. 1 \n\n-2. 4 \n2. 2 \n\n-6. 3 \n-1. 7 \n-3. 6 \n\n-6 1/4 \n-1 1/2 \n-3 1/4 \n\n-5 3/4 \n-1/2 \n-3 3/4 \n\n-17. 3 \n-3. 9 \n-1. 5 \n\n-14 \n\n-3 1/2 \n1 3/4 \n\n-10 \n-3 \n-1 \n\n1/4 \n1/4 \n1/2 \n\n-4. 1 \n-9. 9 \n1. 9 \n\n-4. 4 \n-5. 4 \n-1. 9 \n\n1/4 \n\n-4 \n-9 \n2 \n\n1/2 \n\n4 \n-4 1/2 \n-3 1/2 \n\n-3 3/4 \n-4 \n-3 \n\n1/4 \n\n-4. 4 \n\n-4 1 / 2 -4 \n\n1/4 \n\n-2. 3 \n1. 8 \n\n1/2 \n\n-1 \n2 \n\nTotal employment \n(annual % change) \n\n(h) \n\nReal compensation of employees per head \n(annual % change) (3) \n\n1989 \n\n1990 \n\n1991' \n\n1992\" \n\n1993* \n\n1989 \n\n1990 \n\n199V \n\n1992* \n\n1993* \n\n1. 6 \n-. 6 \n1. 4. 4 \n3. 6 \n1. 1 \n\n-. 1. 2 \n4. 0 \n\n1. 6 \n1. 0 \n2. 8 \n\n1. 5 \n\n2. 3 \n1. 9. 9 \n-. 4 \n2. 8. 2 \n2. 6 \n1. 2 \n\n1. 3 \n1. 0 \n4. 2 \n\n2. 1 \n1. 1. 4 \n\n1. 4. 5 \n2. 0 \n\n-. 3 \n-1. 0 \n2. 8 \n\n-. 8. 7. 4. 0. 9 \n1. 9 \n\n1. 0 \n1. 1 \n-2. 3 \n\n0 \n0 \n1 \n\n-0 \n1 1/4 \n-0 \n\n1/4 \n1/2 \n\n0 \n\n-1/4 \n\n-3/4 \n\n1/4 \n\n1 \n\n1/4 \n\n1/4 \n\n1/4 \n1 1/2 \n1/2 \n\n3/4 \n3/4 \n1 1/2 \n\n-1/2 \n1/2 \n\n1/2 \n\n-. 8 \n1. 6 \n\n1 \n1 1/2 \n\n1 1/2 \n1 1/2 \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP. 1 \n-1. 6 \n-. 2 \n\n2. 9. 5 \n1. 2 \n\n2. 2 \n3. 0 \n3. 0 \n\n-2. 4. 8 \n2. 8 \n\n1. 1 \n\n-1. 0 \n2. 5 \n\n2. 8 \n1. 0 \n1. 5. 0 \n1. 2 \n1. 9 \n\n5. 9 \n3. 9. 8 \n\n1. 1 \n3. 7 \n2. 7 \n\n2. 3 \n\n-. 1 \n1. 8 \n\n2 1/4 \n1 1/4 \n1 1/2 \n\n\u20222 1/4 \n1 1/4 \n1 \n\n3 \n1 1/2 \n1 1/4 \n\n1/2 \n1/2 \n1/4 \n\n1 1/4 \n\n1. 9 \n1. 1 \n2. 6 \n\n-1. 7 \n1. 8 \n1. 5 \n\n3. 5 \n1. 7 \n1. 3 \n\n1. 5 \n6. 6 \n1. 7 \n\n2. 0. 3 \n1. 0 \n\n1/2 \n1/2 \n\n-3/4 \n1/4 \n\n1/4 \n1/2 \n3/4 \n\n1/2 \n\n1/4 \n\n-1/4 \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP \n\n(g) \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \nI \nL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP \n\n( * ) Based on the forecasts of October 1991. (2) 1992 and 1993 : Does not fully Incorporate the effects of the measures of the convergence program. (3) Deflated by the deflator of private consumption. Source : Commission services. Bk \n\n\f(I) \n\nInvestment in construction at constant prices \n(annual % change) \n\n(j) \n\nInvestment in equipment at constant prices \n(annual % change) \n\n1989 \n\n1990 \n\n1991' \n\n1992* \n\n1993* \n\n1989 \n\n1990 \n\n1991* \n\n1992\" \n\n1993\" \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \nI \nL \n\nNL \nP \nUK \n\nEC \n\n8. 9 \n-4. 6 \n5. 1 \n\n2. 0 \n14. 9 \n5. 3 \n\n9. 8 \n3. 6 \n4. 4 \n\n1. 6 \n3. 5 \n2. 5 \n\n5. 3 \n\n6. 7 \n-6. 1 \n5. 3 \n\n2. 1 \n10. 7 \n2. 3 \n\n8. 4 \n2. 5. 9 \n\n1. 3 \n6. 5 \n-1. 1 \n\n3. 6 \n\n-1. 4 \n-6. 5 \n3. 5 \n\n-5. 0 \n5. 3 \n1. 2 \n\n-2. 9. 4 \n5. 8 \n\n3 1/4 \n-1 \n2 1/2 \n\n2 3/4 \n4 \n1 3/4 \n\n2 1/2 \n4 \n2 \n\n4 \n1 1/4 \n4 1/2 \n\n5 \n4 \n3 \n\n4 \n1 1/4 \n3 \n\n1 1/4 \n4 \n4 3/4 \n\n-. 6 \n4. 5 \n-12. 9 \n\n-1 \n3 \n\n-3/4 \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \nr \nL \n\nNL \nP \nUK \n\nEC \n\n18. 2 \n6. 3 \n10. 0 \n\n17. 4 \n13. 0 \n5. 8 \n\n15. 3 \n6. 2 \n26. 3 \n\n4. 5 \n10. 0 \n8. 3 \n\n8. 5 \n\n10. 3 \n3. 0 \n12. 9 \n\n7. 9 \n1. 2 \n5. 0 \n\n6. 8 \n3. 5 \n6. 0 \n\n7. 7 \n8. 5 \n-3. 6 \n\n47 \n\n3. 0 \n3. 0 \n10. 0 \n\n3. 0 \n-2. 5 \n-1. 8 \n\n1. 8 \n-1. 1 \n6. 7 \n\n2 3/4 \n5 \n5 \n\n2 3/4 \n\n10 \n\n4 1/2 \n\n4 1/2 \n3 \n1 1/2 \n\n3 3/4 \n3 1/2 \n5 \n\n6 \n4 \n3 1/2 \n\n4 1/2 \n4 1/2 \n5 \n\n1/2 \n1/2 \n\n3. 0 \n4. 5 \n-12. 8 \n\n-1 1/4 \n3 \n1 \n\n-. 5 \n\n1 3/4 \n\n2 3/4 \n\n2 1/2 \n\n4 3/4 \n\n(k) \n\nGross fixed capital formation at constant \nprices (annual % change) \n\n(I) \n\nGDP per head (EC = 100) at current \nprices and current PPS \n\n1989 \n\n1990 \n\n1991' \n\n1992\" \n\n1993* \n\n1960 \n\n1973 \n\n1986 \n\n1992* \n\n1993* \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \nI \nL \n\nNL \nP \nUK \n\nEC \n\nUSA \nJAP \n\n13. 6. 2 \n7. 1 \n\n8. 6 \n13. 7 \n5. 8 \n\n11. 3 \n5. 1 \n13. 4 \n\n3. 0 \n7. 5 \n4. 8 \n\n6. 7 \n\n2. 7 \n11. 0 \n\n8. 3 \n-1. 9 \n8. 8 \n\n4. 8 \n6. 7 \n3. 8 \n\n7. 5 \n3. 0 \n3. 3 \n\n4. 2 \n7. 5 \n-2. 4 \n\n4. 1. 9 \n10. 9. 6 \n-1. 9 \n6. 6 \n\n-1. 2 \n2. 2 \n-. 6 \n\n-. 4 \n-. 4 \n6. 2 \n\n1. 1 \n4. 5 \n-12. 8 \n\n3 \n2 \n3 3/4 \n\n3 1/2 \n3 3/4 \n1 3/4 \n\n3 3/4 \n2 1/2 \n4 3/4 \n\n-3/4 \n\n2 3/4 \n7 1/4 \n3 \n\n5 1/2 \n4 \n3 1/4 \n\n4 1/4 \n3 \n4 \n\n2 \n3 3/4 \n6 1/2 \n\n2 1/4 \n\n3 3/4 \n\nB \nDK \nD \n\nGR \nE \nF \n\nIRL \nI \nL \n\nNL \nP \nUK \n\nEC \n\n95. 4 \n118. 3 \n117. 9 \n\n38. 6 \n60. 3 \n105. 8 \n\n60. 8 \n86. 5 \n158. 5 \n\n118. 6 \n38. 7 \n128. 6 \n\n101. 2 \n113. 1 \n111. 1 \n\n56. 8 \n79. 0 \n110. 4 \n\n58. 9 \n93. 3 \n141. 9 \n\n113. 1 \n56. 4 \n108. 5 \n\n100. 6 \n117. 0 \n114. 0 \n\n55. 9 \n72. 8 \n110. 1 \n\n63. 4 \n103. 0 \n126. 2 \n\n106. 0 \n52. 5 \n105. 4 \n\n103. 4 \n110. 2 \n113. 6 \n\n52. 1 \n79. 9 \n108. 8 \n\n68. 9 \n103. 2 \n130. 0 \n\n102. 7 \n56. 3 \n102. 1 \n\n103. 8 \n111. 4 \n112. 3 \n\n52. 0 \n80. 7 \n108. 8 \n\n69. 2 \n103. 4 \n132. 6 \n\n102. 0 \n56. 2 \n102. 5 \n\n100. 0 \n\n100. 0 \n\n100. 0 \n\n100. 0 \n\n100. 0 \n\n-4. 4 \n4. 6 \n\n4 1/2 \n3 1/2 \n\n5 1/2 \n4 \n\nUSA \nJAP \n\n189. 6 \n55. 8 \n\n161. 6 \n96. 2 \n\n155. 7 \n110. 6 \n\n146. 8 \n124. 3 \n\n145. 9 \n125. 6 \n\n(*) Based on the forecasts of October 1991. Source Commission services. 25 \n\n\f\fISSN 0254-1475 \n\nCOM(91) 484 final \n\nDOCUMENTS \n\nEN \n\n01 \n\nCatalogue number : CB-CO-91-572-EN-C \n\nISBN 92-77-78557-8 \n\nOffice for Official Publications of the European Communities \nLr2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b0b04691-f85f-47c5-8250-33223e2f3314", "title": "Commission Directive 91/659/EEC of 3 December 1991 adapting to technical progress Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (asbestos)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "approximation of laws,asbestos,dangerous substance,health risk,marketing", "workIds": "celex:31991L0659,oj:JOL_1991_363_R_0036_033", "eurovoc_concepts": ["approximation of laws", "asbestos", "dangerous substance", "health risk", "marketing"], "url": "http://publications.europa.eu/resource/cellar/b0b04691-f85f-47c5-8250-33223e2f3314", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/856348aa-23a3-4385-b8f9-51e260618618", "title": "91/638/EEC: Commission Decision of 3 December 1991 on the designation of a common host centre for the computerized network Animo'", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "extra-EU trade,information network,intra-EU trade,live animal,veterinary inspection", "workIds": "celex:31991D0638,oj:JOL_1991_343_R_0048_036", "eurovoc_concepts": ["extra-EU trade", "information network", "intra-EU trade", "live animal", "veterinary inspection"], "url": "http://publications.europa.eu/resource/cellar/856348aa-23a3-4385-b8f9-51e260618618", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c9d2059f-ace6-47bb-82f0-7260971716dc", "title": "Proposal for a COUNCIL DIRECTIVE amending Directive 69/169/EEC to extend and modify the exceptions granted to Denmark and to Ireland relating to the rules governing travellers' allowances on imports", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "Denmark,Ireland,VAT,carriage of passengers,excise duty", "workIds": "celex:51991PC0464,comnat:COM_1991_0464_FIN,oj:JOC_1991_333_R_0005_01", "eurovoc_concepts": ["Denmark", "Ireland", "VAT", "carriage of passengers", "excise duty"], "url": "http://publications.europa.eu/resource/cellar/c9d2059f-ace6-47bb-82f0-7260971716dc", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 464 flna \n\nBrussels, 3 December 1991 \n\nProposal for a \n\nCOUNCIL DIRECTIVE \n\namending Directive 69/169/EEC to extend and modify the \n\nexceptions granted to Denmark and to Ireland relating \n\nto the rules governing travellers' allowances \n\non imports \n\n(presented by the Commission) \n\nM\"*1 <t* \n\nl ia <\u2022%< &&>'>*\u2022 \n\n\"^' \n\ngywn \n\n|s?v, ; i \" \n\n!\u00a3\u00bbfs\u00bb. \u00c7 E-: \n\nsjgESHJ?* '*^r \n\n\f- 2 -\n\nEXPLANATORY MEMORANDUM \n\n1. Directive 91/191/EEC introduced for the period 8 April \n1991 to 31 December 1991 derogations for Ireland and the \nKingdom of Denmark, which reduced the levels of the \ntravellers' allowances for those outside Ireland and \nDenmark respectively for less than 24 and 36 hours. In \nthe case of Ireland there was also a limitation on the \namount of beer that could be brought back within the \ngeneral travellers' allowances. 2. These extra restrictions were introduced because of the \nrevenue problems which would be caused by the application \nof the general limit given the high level of indirect \ntaxation in Denmark and Ireland in relation to \nneighbouring Member States. While on 1 January 1993 \ntravellers' allowances restrictions will go, for the year \n1992 it is necessary to provide for a continuation of the \nrestrictions where the levels of taxation for the \nproducts concerned are- still sufficiently different as to \ncause distortion of trade and loss of revenue if the \ngeneral limits are applied. 3. In Denmark the rate of taxation on beer (and wine) has \nbeen reduced slightly, but it remains well in excess of \nthat levied in Germany. There is a proposal that they be \nreduced by a further 40 % or so by the end of 1991. Even \nif this is done the level of taxation will still be in \nexcess of the German level. Thus although there has been \nsome movement and further can be expected there remains \nan important differential which justifies keeping a \nDanish derogation for 1992. 4. In the case of Ireland, differentials in cross-frontier \ntrade have diminished or disappeared since the current \nderogation was adopted. Additional restrictions on \nspirits or tobacco products are no longer necessary. Restrictions are still justifiable on the other products, \nbut cannot be maintained at current levels given the need \nto adjust towards the post 1993 2 situation. However to increase the amounts for wine and intermediate \nproducts by a realistic amount take them so close to the \nfull allowances that it is proposed to go straight to \nthese. '5. Comparative tables \n\nDenmark \n\nProducts \n\n- 3 -\n\nGeneral \nlimits ap \nplied in \n10 Member \nStates \n\nLimits \napplied in \n\n1991 \n\nLimits \nproposed \nfor \n1992 \n\n- Cigarettes \n\n300 \n\n100 \n\n160 \n\n- Distilled beverages and spirits \n\nof an alcoholic strength by \nvolume of more than 22 %; or \n\n- Beer \n\nIreland \n\n1,5 litre \n\nnil \n\n1/2 litre \n\nno quanti \ntative \nlimits \n\n12 litres \n\n20 litres \n\na) For travellers after a stay of less than 24 hours outside Ireland \n\nProducts \n\nGeneral \nlimits ap \nplied in \n10 Member \nStates \n\nLimits \napplied in \n\n1991 \n\nLimits \nproposed \nfor \n1992 \n\n- Cigarettes or \n\n- Smoking tobacco \n\n300 \n\n150 \n\n400 g \n\n200 g \n\n- Distilled beverages and spirits \nof an alcoholic strength fey \nvolume of more than 22 %; \n\n1,5 litre \n\n3/4 litre \n\nor \n\n- Distilled beverages ana spirits, \n\nand aperitifs with a wine or \nalcohol base, sake or similar \nbeverages of an aloefcolie \nstrength by volisme e\u20ac 23 % or \nloss; sparkling wimoo* fortified \nwines a#td \n\n- Still wines \n\n3 litres \n\n1,5 litres \n\n5 litres \n\n2,5 litres \n\nite quanti \ntative \nlimits \n\n12 litres \n\n2\u00a9 \n\n- Other proctecrts \n\n6Q& ecu \n\n110 ecu \n\n340 ecu \n\nGeneral limit to apply, t&is is lower fer travellers from third \ncountries. - 4 -\n\nb) General limit on beer for all travellers \n\n1991 \n\n1992 \n\n25 litres \n\n30 litres \n\n6. Time; periods \n\nThe time period for Denmark should be brought into line \nwith that applied by Ireland of 24 hours. - 5 -\n\nProposal f or a \n\nCOUNCIL DIRECTIVE \n\namending D i r e c t i ve 69/169/EEC to extend and modify the \n\nexceptions granted to Denmark and to \n\nI r e l a nd r e l a t i ng \n\nto the rules governing t r a v e l l e r s \" a l l o w a n c es \n\non imports \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving \nEconomic Community, and in p a r t i c u l ar A r t i c le 99 \n\ne s t a b l i s h i ng \n\nt he T r e a ty \n\nr e g a rd \n\nto \n\nt he European \n\nt h e r e o f, \n\nHaving r e g a rd to t he p r o p o s al from t he Commission (1), \n\nHaving r e g a rd to t he o p i n i on of t he European P a r l i a m e nt ( 2 ), \n\nHaving \nCommittee (3), \n\nr e g a rd \n\nto \n\nt he o p i n i on of \n\nt he Economic and S o c i al \n\nWhereas \n\nit \n\nis n e c e s s a ry \n\nto e x t e nd t he p e r i ed of a p p l i c a t i on \n\nof the exception* p r o v i de few I r e l a nd am\u00ea tortnerk in Council d i r e c t i ve \n\n\u20229/149/EEC ( 4 ), as l a st aoenotyrf hy K r o t t t ve 9 \u00ce / \u00ce 9 1 / E IC ( 5 ), \n\nin view of \n\ntfee eee#\u00bbeoic s i f f l e n t t i es \n\nlawsoo by t ie amplication of the general \n\nlevels \n\nof allowances; \n\ni*} aj M\u00bb L 1M* \n\ntjft. tfJMfr\u00bb #, 4* \n\n\f- 6 -\n\nWhereas, \n\nin \n\nthe \n\np e r s p e c t i ve \n\nof \n\nt he \n\na b o l i t i on \n\nof \n\nt ax \n\nf r o n t i e r s, \n\nt he e x c e p t i o ns w i ll end on 31 December 1992 in so f ar as \n\nthey \n\nare \n\nl i n k ed to D i r e c t i ve 69/169/EEC concerning t r a v e l l e r s' a l l o w a n c e s, which \n\nw i ll \n\ni t s e lf cease to have e f f e ct on 31 December 1992 as f ar as \n\nr e l a t i o ns \n\nbetween the Member S t a t es are concerned; \n\nWhereas Directive 69/169/EEC defining the general rules governing travellers1 \nallowances \na l l o ws t he e x c l u s i on from t he exemption of goods \nt he u n i t a ry v a l ue of which is g r e a t er than ECU 340 and ECU 95 \nfor Denmark and I r e l a nd r e s p e c t i v e l y; \n\nWhereas A r t i c le 8a of t he Treaty d e f i n es t he \ni n t e r n al \nas an area without \nmovement of goods, p e r s o n s, s e r v i c es and c a p i t al \nand \ne s t a b l i s h ed over a p e r i od e x p i r i ng on 31 December 1992; whereas \nit is necessary to modify the impact of the exceptions accordingly, \n\ni n t e r n al market \nf r ee \nt he \nis ensured \np r o g r e s s i v e ly \n\nt h is market \n\nf r o n t i e rs \n\nin which \n\nshould \n\ns t a t es \n\nt h at \n\nbe \n\nHAS ADOPTED THIS DIRECTIVE : \n\n\f\u2022 7 -\n\nA r t i c le 1 \n\nA r t i c le 7c and 7d of Directive 69/169/\u00c9EC are hereby replaced by the f o l l o w i n g: \n\n*\u2022 A r t i c le 7c \n\nl i m i ts \n\nNotwithstanding Articles 2(1) and4(1) , Denmark is authorized to apply the following \nq u a n t i t a t i ve \nimport \n-the \nin Denmark, a f t er \nDenmark: \n\nin q u e s t i on by t r a v e l l e rs \nthan 24 hours \n\nt he \nr e s i d e nt \no u t s i de. goods \na \n\n31 December \n\ns t ay of \n\nu n t il \n\n1992 \n\nl e ss \n\nf or \n\nof \n\ni \n\n: \n\n:\u2014:\u2014 : \u2014: \n\nPRODUCTS \n\n' \n\n1 \n\n; \n\n1 \n\n- Cigarettes \n\nDistilled beverages and spirits of an \nalcoholic strength by volume more than \n22% vol. - Beer \n\nArticle 7d \n\n160 \n\n0. 5 litre \n\n20 litres \n\nNotwithstanding Article 2(1) and within the limit set out \ntherein, \nquantitative limit of 30 litres of beer for all travellers \nto Ireland until 31 \u00aeecember 1992. is aAufclrorized to apply a \n\nIreland \n\nNotwithstanding Articles 2(1> and 4(1), Ireland is \nauthorized to apply the following limits until 31 December \ngoods in question by \nof the \n1992 for the import \n\n\f; _ g -\n\ntravellers from Ireland,after a stay of less than 24 hours \n\noutside Ireland: \n\n(a) for travellers from the Community, ECU 340 \n\n(b) for beer, 20 litres. \" \n\nArticle 2 \n\n1. Member States shall bring into force the measures \nnecessary to comply with this Directive with effect from \n1 January 1992. Member \n\nStates. When \nadopt these measures these shall \ncontain a reference to this Directive or shall be \naccompanied by such reference on the occasion of their \nofficial publication. for \nreference shall be laid down by Member States. procedure \n\nThe \n\nmaking such \n\n2. Member States shall inform the Commission of the main \nprovisions of domestic law which they adopt in order to \ncomply with this Directive. Article 3 \n\nThis D i r e c t i ve is addressed to t he Member S t a t e s. Done at Brussels, \n\nFor the Council \nThe President \n\n\f- 9 -\n\nFINANCIAL STATEMENT \n\n1. Proposition for a Council Directive modifying Directive \n69/169/EEC in order to increase the amounts of the allowances \nfor travellers for Ireland and Denmark for the year 1992. 2. Legal base : Article 99 of the Treaty. 3. Financial impact : this proposal increases the amounts of the \nexisting travellers' allowances (excises and VAT) especially \nfor goods which have already borne tax, therefore it should \nhave a minimal financial impact. ISSN 0254-1475 \n\nCOM(91) 464 final \n\nDOCUMENTS \n\nEN \n\n02 \n\nCatalogue number : CB-CO-91-522-EN-C \n\nISBN 92-77-77808-3 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b2d31417-2378-4a7e-b9d5-3e39adf95f7e", "title": "Proposal for a COUNCIL REGULATION ( EEC ) allocating, for 1992, certain catch quotas between the Member States for vessels fishing in Faroese waters", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "EU Member State,Faroes,fishing area,sea fishing", "workIds": "celex:51991PC0487(01),comnat:COM_1991_0487(01)_FIN", "eurovoc_concepts": ["EU Member State", "Faroes", "fishing area", "sea fishing"], "url": "http://publications.europa.eu/resource/cellar/b2d31417-2378-4a7e-b9d5-3e39adf95f7e", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 487 final \n\nBrussels, 3 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nallocating, for 1992, certain catch quotas between the Member States \n\nfor vessels fishing in Faroese waters \n\nHK\u00effen \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nlaying down for 1992 certain measures for the conservation and \n\nmanagement of fishery resources applicable to vessels \n\nregistered in the Faroe Islands \n\n(presented by the Commission) \n\n\f9 \n\nEXPLANATORY MEMORANDUM \n\nThe consultations between the Community and the Faroe Islands, held In \n\nTorshavn on 14/15 October 1991, resulted in an agreement on reciprocal \n\nfisheries arrangements for 1992. These arrangements imply, inter alia, \n\ncertain catch quota for Community vessels in Faroese waters. The purpose of this proposal for a regulation Is to allocate among \n\nMember States the quotas available in 1992 to Community vessels fishing \n\nin the Faroese zone under the abovementioned arrangements. The proposed allocation among the Member States of the quotas available \n\nto the Community is based on the principles which were applied to the \n\nallocation of the 1983 quotas. 3 \n\nOfficial Journal of the European Communities \n\nN oL \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No \n\nof \n\nDecember \n\nallocating, for 1992, certain catch quotas between the Member States for vessels fishing in \nFaroese waters \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\n\u2022 \n\n, \u2022 \n\n'. \u00bb\u2022 v:. \u2022' \u2022\u2022 \n\n; \n\nNo 170/83, the conditions subject to which these catch \nquotas may be used by Community fishermen; \n\nHaving regard to the Treaty establishing the European \nEconomic Community, \n\nHaving regard to Council Regulation (EEC) No 170/83 of \n25 January 1983 establishing a Community, system for the \nconservation and management of fishery resources 0 ), as \nlast amended by the Act of Accession of Spain and \nPortugal (2), and in particular Article 11 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, in accordance with the procedure provided for \nin the Agreement on fisheries between the European \nthe \nEconomic Community, of \nGovernment of Denmark and the Home Government of the \nFaroe Islands, of the other part, the two parties have held \nconsultations on their mutual fishing rights for J 99Z \n\nthe one part, and \n\nWhereas, as a result of these consultations, the two Parties \nhave agreed on an arrangement for I99J2. whereby certain \ncatch quotas are allocated to Community vessels in the \nFaroese fishing zone;. Whereas, to ensure efficient management of the catch \npossibilities available, they should be allocated among the \nMember States as quotas in accordance with Article 4 of \nRegulation (EEC) No 170/83; \n\nWhereas the fishing activities covered by this Regulation \nare subject to the relevant control measures provided for by \nCouncil Regulation (EEC) No 2241/87 of 23 July 1987 \nfor \nestablishing \nfishing \nactivities (3), as amended by Regulation \n(EEC) No \n3483/88 (4), \n\ncontrol measures \n\ncertain \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\n1. From 1 January to 31 December 1992 catches taken by \nvessels flying the flag of a Member State in the waters \nfalling within the fisheries jurisdiction of the Faroe Islands, \nunder the arrangement on reciprocal fishing rights for 1992 \nbetween the Community and the Faroe Islands, shall not \nexceed the quotas set out in the Annex hereto. Whereas it is for the Community to lay down, \naccordance with Article 3 of Regulation \n\nin \n(EEC) \n\nThis Regulation shall enter into force on 1 January 1992 \n\nArticle 2 \n\nThis Regulation shall be binding in its entirety and directly applicable in all Member \nStates. Done at Brussels, \n\nDecember 1991 \n\nFor the Council \n\nThe President \n\n(\u00bb) OJ No L 24, 27. 1. 1983, p. 1. (2) OJ No L 302, 15. 11. 1985, p. 1. (3) OJ No L 207, 29. 7. 1987, p. 1. (4) OJ No L 306, 11. 11. 1988, p. 2. N oL \n\nOfficial Journal of the European Communities \n\ny \n\nANNEX \n\nAllocation of Community catch quotas in Faroese waters for 1992. , as referred to in Article 1 \n\nSpecies \n\nCommunity \ncatch quotas \n\nQuotas allocated to Member States \n\n(in tonnes) \n\nCod and haddock \n\nSaithe \n\n500 \n\n2 500 \n\nRedfish \n\n7 000 \n\nBlue ling and ling \n\n3 600(1) \n\nFrance \nGermany \nUnited Kingdom \n\nBelgium \nFrance \nGermany \nNetherlands \nUnited Kingdom \n\nBelgium \nFrance \nGermany \nUnited Kingdom \n\nFrance \nGermany \nUnited Kingdom \n\nBlue wh'iting \n\nFlatfish \n\n\u2022 Mackerel \n\nOther species \u2022 \n\n25 000 \n\niooo(2) \n\n4 550 \n\n760 \n\nDenmark \nFrance \nGermany \nNetherlands \nUnited Kingdom \n\n\u00ce \n\nFrance \nGermany \nUnited Kingdom \n\nDenmark \n\nFrance \nGermany \nUnited Kingdom \n\n(\u2022) Including unavoidable by-catches of roundnose grenadier and black scabbard. (2) Including Greenland halibut. 60 \n10 \n430 \n\n50 \n1510 \n310 \n50 \n580 \n\n50 \n435 \n6 440 \n75 \n\n2 340 \n1055 \n205 \n\n11 fiOO \n\n3. 0 00 \n\n11000 \n\n140 \n180 \n680 \n\n4 550 \n\n275 \n305 \n180 \n\n\fs \n\nEXPLANATORY MEMORANDUM \n\nThe consultations between the Community and the Faroe Islands, held in \n\nTorshavn on 14 and 15 October 1991, resulted in an agreement on \n\nreciprocal fisheries arrangements for 1992. These arrangements imply, \n\nInter alia, certain catch quota for Faroese vessels in Community \n\nwaters. The purpose of this proposal for a regulation Is therefore to authorize \n\nFaroese vessels to fish, as from 1 January 1992, the quotas allocated \n\nto them in Community waters for 1992 In accordance with the above-\n\nmentioned arrangements. f. J> \n\nOfficial Journal of the European Communities \n\nNo L \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No. of \n\nDecember \n\nlaying down for 1992 certain measures for the conservation and management of fishery \nresources applicable to vessels registered'in the Faroe Islands \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European \nEconomic Community, \n\nHaving regard to Council Regulation (EEC) No 170/83 of \n25 January 1983 establishing a Community system for the \nconservation and management of fishery resources (*), as \namended by the Act of Accession of Spain and Portugal (2), \nand in particular Article 11 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, in accordance with the procedure provided for in \nArticle 2 of the Agreement on fisheries between the \nEuropean Economic Community, of the one part, and the \nGovernment of Denmark and the Home Government of the \nFaroe Islands, of the other part (3), the Community and the \nHome Government of the Faroe Islands have held \nconsultations concerning their mutual fishing rights for \n1992 \n\nin the course of \n\nWhereas, \nthe \ndelegations agreed to recommend to their respective \nauthorities that certain catch quotas for 1992 should be \nfixed for the vessels of the other party; \n\nthese consultations, \n\nWhereas the fishing activities covered by this Regulation \nare subject to the relevant control measures provided for by \nCouncil Regulation (EEC) No 2241/87 of 23 July 1987 \nfishing \nestablishing \nfor \nactivities (4); as amended by Regulation \n(EEC) No \n3483/88 (s); \n\ncontrol measures \n\ncertain \n\nWhereas Article 3 (2) of Commission Regulation (EEC) \nNo 1381/87 of 20 May 1987 establishing detailed rules \nconcerning the marking and documentation of fishing \nvessels (6) provides \nthat all vessels with chilled or \nrefrigerated sea-water tanks are to keep on board a \ndocument certified by a competent authority and specifying \nthe calibration of the tanks in cubic metres at 10-centimetre \nintervals, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\n1. Vessels registered in the Faroe Islands are hereby \nauthorized, until 31 December 1992 to fish for the species \nlisted in Annex I, within the geographical and quantitative \nlimits laid down therein and in accordance with this \nRegulation, in the 200-nautical-mile fishing zone of the \nMember States in the North Sea, Skagerrak, Kattegat, \nBaltic Sea and Atlantic Ocean north of 43\u00b000'N. 2. Fishing authorized under paragraph 1 shall be limited, \nexcept in the Skagerrak, to those parts of the 200-\nnautical-mile fishing zone lying seawards of 12 nautical \nmiles from the baselines from which the fishing zones of \nMember States are measured. Whereas measures should be taken to implement the results \nof these consultations between the Community and the \nFaroe Islands and thus prevent any interruption of mutual \nfisheries relations as at 31 December 1991 ; \n\n3. Notwithstanding paragraph 1, unavoidable by-catches \nof species for which no quota has been fixed in a given zone \nshall be permitted within the limits laid down by the \nconservation measures in force in the zone concerned. Whereas, under the terms of Article 3 of Regulation (EEC) \nNo 170/83, it is for the Council to fix the total catches \nallocated to third countries and to lay down the specific \nconditions under which such catches may be taken; \n\n4. By-catches in a given zone of a species for which a \nquota is established in that zone shall be counted against \nthe quota concerned. (J) OJNoL24, 27. 1. 1983, p. 1. (2) OJNoL302, IS. 11. 1985, p. 1. (*) OJ No L 226, 29. 8. 1980, p. 11. (*) OJ No L 207, 29. 7. 1987, p. 1. (S) OJ No L 306, 11. 11. 1988, p. 2. (\u00ab) OJNoL 132,21. 5. 1987, p. 9. N oL \n\nOfficial Journal of the European Communities \n\n> \n\nArticle 2 \n\n(d) 16 for the fishing, by trawl, of blue ling in ICES \n\ndivisions VI a (north of 56\u00b030' N) and VI b; \n\n1. Vessels fishing within the quotas fixed in Article 1 shall \ncomply with the conservation and control measures and all \nother provisions governing fishing in the zones referred to \nin that Article. 2. The vessels referred to in paragraph 1 shall keep a log \nbook in which the information set out in Annex II shall be \nentered. 3. The vessels referred to in paragraph 1 shall transmit to \nthe Commission, in accordance with the rules laid down in \nAnnex III, the information set out in that Annex. 4. Those vessels referred to in paragraph 1 which have \nchilled or refrigerated sea-water tanks shall keep on board \na document certified by a competent authority and \nspecifying the calibration of the tanks in cubic metres at \n10-centimetre intervals. (e) 20 for the fishing of blue whiting in ICES sub-area VII \n(west of 12\u00b000' W) and ICES divisions VI a (north of \n56\u00b03()' N) and VI b; \n\n(f) 3 for the fishing, by long-line, of porbeagle in the whole \nthe exception of NAFO \n\nCommunity zone with \n3 PS; \n\n(g) 12 for the fishing of cod in ICES division III d; however \nfish \n\nallowed \n\nthe \ntotal number of vessels \nsimultaneously shall not exceed 9. to \n\n3. , Each licence shall be valid for one vessel only. Where \ntwo or more vessels are taking part in the same fishing \noperation, each vessel must be in possession of a licence. 4. Licences may be cancelled with a view to the issue of \nnew licences. Such cancellations shall take effect on the day \nbefore \nissue of the new licences by the \nCommission. New licences shall take effect from their date \nof issue. the date of \n\n5. The registration letters and numbers of the vessels \nreferred to in paragraph 1 must be clearly marked on the \nbow of each vessel on both sides. 5. Licences shall be wholly or partially withdrawn before \nthe date of expiry \nin \nArticle 1, have been exhausted. if the respective quotas, fixed \n\nArticle 3 \n\n1. Fishing in the waters referred to in Article 1 and within \nthe quotas fixed in that Article shall be permitted only \nwhere a licence issued by the Commission on behalf of the \nCommunity is kept on board and where the conditions set \nout in the licence are observed. 2. Licences shall be issued for the purposes of paragraph 1 \nprovided that the number of licences valid on any one day \ndoes not exceed: \n\n(a) 14 for the fishing of mackerel in ICES divisions VI a \n(north of 56\u00b030' N), VII e, f and h, sprat in ICES \nsub-area IV and division VI a (north of 56\u00b030' N), \nhorse-mackerel in ICES sub-area IV and divisions VI a \n(north of 56\u00b030' N), VII e, f and h and herring in ICES \ndivision VI a (north of 56\u00b030' N); 4 for the fishing of \nherring in ICES division III a N (Skagerrak); \n\n(b) 15 for the fishing of Norway pout in ICES sub-area IV \nand division VI a (north of 56\u00b030' N) and sand-eel in \nICES sub-area IV; \n\n(c) 20 for the fishing, by long line, of ling, tusk and blue \nling in ICES divisions VI a (north of 56\u00b030' N) and \nVI b; however, the total number of vessels allowed to \nfish simultaneously shall not exceed 10; \n\n6. Licences shall be withdrawn in the event of any failure \nto meet the obligations laid down in this Regulation. 7. For a period not exceeding 12 months, no licence shall \nbe issued for any vessel in respect of which the obligations \nlaid down in this Regulation have not been met. 8. Vessels authorized \nto fish on 31 December may \ncontinue their fishing activities as from the beginning of the \nfollowing year, on the basis of this authorization, until the \nnew lists of vessels for the year in question have been \napproved. Article 4 \n\nWhen an application for a licence is submitted to the \nCommission, the following information must be supplied: \n\n(a) name of the vessel; \n\n(b) registration number; \n\n(c) external identification letters and numbers; \n\n(d) port of registration; \n\n(e) name and address of the owner or charterer; \n\n(f) gross tonnage and overall length; \n\n\fOfficial Journal of the European Communities \n\n->r^ \n\n-, \n\n\u2022 \u2022 g-\n\nNo L \n\n(g) engine power; \n\n(h) call sign and radio frequency; \n\n(i) intended method of fishing; \n\n(j) intended area of fishing; \n\n(k) species for which it is intended to fish; \n\n(1) period for which a licence is requested. ,. Article 5 \n\n2. the use of trawls and purse seines for the capture of \npelagic species shall be prohibited from Saturday \nmidnight to Sunday midnight. Article 6 \n\nWhere an infringement is duly established, Member States \nshall without delay inform the Commission of the name of \nthe vessel concerned and of any action they have taken. Fishing in the Skagerrak within the limits of the quotas \nreferred to in Article 1 shall be subject to the following \nconditions:. -; \u2022 \n\n1. direct fishing for herring for purposes other than \n\nArticle 7 \n\nhuman consumption shall be prohibited; \n\nThis Regulation shall enter into force on 1 January 1992. This'Regulation shall be binding in its entirety and directly applicable in all Member \nStates. '^ \n\nDone at Brussels, \n\nDecember \n\nFor the Council \n\nThe President \n\n\f*jg\u00bbi^ii*''^^ffi \n\n3 \n\nOfficial Journal of the European Communities \n\nANNEX/ \n\nFaroese catch quotas for 1992 \n\n1. Quotas for Faroese vessels fishing in the Community zone \n\nSpecks \n\nFishing lone: ICES sub-area/division \n\nLing, tusk and blue ling \n\nVI a Oh VI b \n\nBlue ling \n\nMackerel \n\nHerring \n\nHorse-mackerel \n\nNorway pout \n\nSprat \n\nSand-eel \n\nBlue whiting \n\nOther white fish. (by-catches only) \n\nHerring \n\nPorbeagle \n\nVIa(\u00bb),VIb \n\nVIa(\u00ab),VHe,f,h \n\nVta('), \n\nIV, VI a Oh Vile, f, h \n\nIV, Via 0) \n\nIV, Via 0) \n\nIV \n\nVI a 0), VI b, VII (\u00ab) \n\nIV, VI a 0) \n\nHI a N (Skagerrak) (\u2022) \n\nEntire Community zone except NAFO 3 PS \n\nQuantity \n(tonnes) \n\n800 0 ) 0) \n\n940 (\u00ab) \n\n5 460 0\u00b0) \n\n660 \n\n7 000 \n\n20 000 0) \n\n62 000 (7). 400 \n\n500 \n\n125 0) \n\n(\u00bb) North of 56*3014. 0) To be fished by long line. (J) Of which an incidental catch of other species of 20 % per ship, at any moment, is authorized in ICES divisions VI a and b. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI a and VI b may not exceed 75 tonnes. (4) To be fished by trawl. (J) The overall quota (including for Norway pout and sand-eel, unavoidable by-catches of blue whiting) includes a maximum of \n\n2 000 tonnes of sprat. A maximum of 6 000 tonnes of Norway pout may be fished in ICES division VI a north of 56\u00b030'N subject to the provision on \nrequest by the EEC of details of the quantity and composition of any by-catch taken. (\u00ab) West of 12*00**. (7) Catches of blue whiting may include unavoidable by-catches of argentine. (\u2022) Limited in the west by a line drawn from the lighthouse of Hansthulm to the lighthouse of Lindesnes and in the south by a line \n\ndrawn from Skagen lighthouse to the lighthouse of Tisttarna and from there to the nearest coast of Sweden. (9) Of which 1 000 tonnes may be fished from 1 October to 31 December 1991 in Community waters in division IV a. 2. Quotas for Faroese vessels fishing in Greenland waters according to Article 1 (3) of the EEC/Greenland Fisheries \n\nProtocol 0) (shown for information only) \n\nSpecies \n\nFishing zones: ICES division of NAFO sub-area \n\n,. Northern deepwater prawn \n(Pandalus borealis) \nGreenland halibut \n\nRedfish \nCapalin \n\nNAFO 0 /1 0) \nXIV/V \nNAFOO/1 \nXIV/V \nXIV /V \nXIV/V \n\n(\u00bb) OJ No L 252, 15. 9. 1990, p. 2. (*) South of 68\u00b0 N. I PS \n1tV>!> \n150 \n150 \n500 \n10 000 \n\n\fm \n\n{ \u2022 \n\nOfficial Journal of the European Communities \n\nN oL \n\nANNEX U \n\nWhen fishing within the 200-nautical-mile zone off the coasts of the Member States of the Community which is \ncovered by Community rules on fisheries, the following details are to be entered in the log-book immediatelly \nafter the following events: \n\n1. after each haul \n1. 1. '. the quantity (in kilograms live weight) of each species caught;. 1. 2. t he date and the time of the haul; \n' \n1. 3. ,^the geographical position in which the catches were made; \n1. 4. v^ the fishing method used; \n\n' \n\n'>;. \u2022 '. ,. '-> \n\n,;. ^t. \u2022 \u2022 \u2022 ' \u2022 \u2022 \u2022 \u2022 \u2022 \u2022. 2. after each transhipment to or from another vessel \n2. 1. \" ;'; the indication 'received from* or 'transferred to*; \n2. 2. ^^ me ijuandty (in kilograms live weight) of each species transhipped; \n2. 3. the name, external identificadon letters and numbers of the vessel to or from which the transhipment. \". \u2022* occurred; \n\n3. after each. landing in \u00e0 port of the Community \n3. 1. ^-name of the port; \n3. 2. ; \u2022 the. quantity (in kilograms live weight) of each species landed; \n4. after each transmission of information to the Commission of the European Communities \n4. 1. -elate and time of the transmission; \n4. 2. 4. 3. , type of message: IN, OUT, ICES, WKL or 2 WKL; \nin th\u00e9 case of radio transmission: name of the radio station. x. _. SV-'v. \u00bb. \u2022 \u2022 \u2022- \u2022 \u2022 \n\n\fNo L \n\nOfficial Journal of the European Communities \n\n1-1 \n\nANNEX III \n\n1. The information to be transmitted to the Commission of the European Communities and the timetable for its \ntransmission are as follows: \n\n1. 1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member States of the \n\nCommunity which is covered by Community rules on fisheries: \n\n(a) the information specified under 1. 5; \n\n(b) the quantity (in kilograms live-weight) of each species of fish in the hold; \n\n(c) the date and ICES division within which the master intends to commence fishing. , \n\n' \n\nWhere the fishing operations necessitate more than one entry into the zones referred to under 1. 1 on a given \n\"day, one communication shall suffice on first entry. 1. 2. On each occasion the vessel leaves the zone referred to under 1. 1: \n\n(a) the information specified under 1. 5; \n\n(b) the quantity (in kilograms live-weight) of each species of fish in the hold; \n\n(c) the quantity (in kilograms live-weight) of each species caught since the previous transmission; \n\n(d) the ICES division in which the catches were taken; \n\n(e) the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the \n\nvessel entered the zone and the identification of the vessel to which the transfer was made; ^ \n\n(f) the quantity (in kilograms live-weight) of each species landed in a port of the Community since the vessel \n\n1 \n\nentered the zone. Where the fishing operations necessitate more than one entry into the zones referred to under 1. 1 on a given \nday, one single communication on the last exit will be sufficient. Jl. 3. At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1. 1 \nwhen fishing for herring and mackerel, and at weekly intervals, commencing on the seventh day after the vessel \nfirst enters the zone referred to. under 1. 1 when fishing for all species other than herring and mackerel: \n\n' \n\n(a) the information specified under 1. 5; \n\n(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission; \n\n(c) the ICES division in which the catches were made. 1. 4. On each occasion the vessel moves from one ICES division to another: \n\n(a) the information specified under 1. 5; \n\n(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission; \n\n(c) the ICES division in which the catches have been taken. 1. 5. (a) The name, call sign, external identification letters and numbers of the vessel and the name of its master; \n\n(b) the serial number of the message for the voyage concerned; \n\n(c) identification of the type of message; \n\nU) the date, the time and the geographical position of the vessel. 2. 1. The information specified under point 1 shall be transmitted to the Commission of the European Communities \nin Brussels (telex 24 189 FISEU-B) via one of the radio stations listed under point 3 below and in the form \nspecified under point 4. 2. 2. If it is impossible for reasons ol force majeure for the message to be transmitted by the vessel, it may be \ntransmitted on the vessel's behalf by another vessel. l| \n\n3. Name of radio station \nSkagcn \nBl\u00e2vand \nRenne \n\nCall sign of radio station \nOXP \nOXB \nOYE \n\n\f41. t_. Officiai Journal of the European Communities \n\nNo L \n\nNorddeich \n\nScheveningen \nOostende \nNorth Foreland \nHumber \n' Cullercoats \nWick \nPortpatrick' \nAnglesey \nnfracombe \nNiton. - Stonehaven \nPortishead \n\n\" \n\n\u2022\u2022; \\ *; : ;. Land's End \nValentia \nMalin Head \nBoulogne \nBrest \nSaint-Nazaire \nBordeaux-Arcachon \nThorshavn \n,Bergen '\u2022 ;_ \nFarsund \nFlore \nRogaland \nTjome \nAlesund \n\n' \n\n? i '/ \n:<'. /-; \n\n'-. - \n\n, \n\n/ \n\nDAF DAK \nDAHDAL \nDAI DAM \nDAJDAN \nPCH \nOST \nGNF \nGKZ \nGCC \nGKR \nGPK \nGLV \nGIL \nGNI \n\nGND \nGKA \nGKB \nGKC \nGLD \nEJK \nEJM \nFEB \nFFU \nFFO \n' FFC \nOXJ \n\nLGN \n\nLGZ \nLGL \nLGQ \nLGT \nLGA \n\nForm of the communications \n\nThe information specified under point 1 shall contain the following particulars, which shall be given in the \nfollowing order: \n\n\u2014 name of vessel, \n\n\u2014 call sign, \n\n\u2014 external identification letters and numbers, \n\n\u2014 serial number of the message for the voyage in question, \n\n\u2014 indication of the type of message according to the following code: \n\n\u2014 message when entering one of the zones referred to under 1. 1: 'IN*, \n\u2014 message when leaving one of the zones referred to under 1. 1: 'OUT, \n\u2014 message when' moving from one ICES division to another: 'ICES', \n\u2014 weekly message: 'WKL*, \n\u2014 three-day message: '2 WKL', \n\n\u2014 the date, the time and the geographical position, \n\n\u2014 the ICES divisions/sub-areas in which fishing is expected to commence, \n\n\u2014 the date on which fishing is expected to commence, \n\n\u2014 the quantity (in kilograms live-weight) of each species of fish in the hold using the code mentioned in \n\npoint 5, \n\n\u2014 the quantity (in kilograms live-weight) of each species of fish caught since the previous transmission using \n\nthe code mentioned in point 5, \n\n\u2014 the ICES divisions/sub-areas in which the catches were made, \n\n\u2014 the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the \n\nprevious transmission, \n\n\u2014 the name and call sign of the vessel to and/or from which the transfer was made, \n\n\u2014 the quantity (in kilograms live-weight) of each species landed in a port of the Community since the previous \n\ntransmission, \n\n\u2014 the name of the master. \u2022-\u2022\u2022\u2022\u2022--jj^Kjfiin\"-\n\n| \n\n| \n\nH \n\n1 \n\n:<! \n\nNo L \n\n, Official Journal of the European Communities \n\n5. The code to be used to indicate the species on board as mentioned in point 4 above: \nPRA \u2014 Northern deep-water prawn (Pandalus borealis), \n\n'1j \n\nHKE \u2014 Hake (Merluccius merluccius), \n\nGHL \u2014 Greenland halibut (Reinhardtius hippoglossoides), \n\nCOD \u2014 Cod (Gadus morhua). HAD \u2014 Haddock (Melanogrammus aeglefinus), \n\nHAL \u2014 Halibut (Hippoglossus hippoglossus), \n\nMAC \u2014 Mackerel (Scomber scombrus), \n\nHOM \u2014 Horse-mackerel (Trachurus trachurus), \n\nRNG \u2014 Round-nose grenadier (Coryphaenoides rupestris), \n\nPOK \u2014 Saithe (Pollachius virens), \n\nWHG \u2014 Whiting (Merlangus merlangus), \n\nHER \u2014 Herring (Clupea harengus), \n\nSAN \u2014 Sand-eel (Ammodytes spp. ), \n\nSPR \u2014 Sprat (Sprattus sprattus), \n\nPLE \u2014 Plaice (Pleuronectes platessa), \n\nNOP \u2014 Norway pout (Trisopterus esmarkii), \n\nLIN \u2014 Ling (Molva molva), \n\nPEZ \u2014 Shrimp (Panaeidae), \n\nANE \u2014 Anchovy (Engraulis encrasicholus), \n\nRED \u2014 Redfish (Sebastes spp. ), \n\nPLA \u2014 American plaice (Hypoglossoides platessoides), \n\nSQX \u2014 Squid (Ulex spp. ), \n\nYEL \u2014 Yellowtail flounder (Lhnanda ferruginea), \n\nWHB \u2014 Blue whiting (Micromesistius poutassou), \n\nTUN \u2014 Tuna (Thunnidae), \n\nBLI \u2014 Blue ling (Molva dypterygia), \n\nUSK \u2014 Tusk (Brosme brosme), \n\nDGS \u2014 Dogfish (Squalus acanthias), \n\nBSK \u2014 Basking shark (Cetorinhus maximus), \n\nPOR \u2014 Porbeagle (Lamma nasus), \n\nSQC \u2014 Common squid (Lotigo spp. ), \n\nP\u00d4A \u2014 Atlantic pomfret (Brama brama), \n\nPIL \u2014 Sardine (Sardina pilchardus), \n\nCSH \u2014 Common shrimp (Crangon crangon), \n\nLET. \u2014 Megrim (Lepidorhombus spp. ), \n\nMNZ \u2014 Angler /Monk (Lophius spp. ), \n\nNEP \u2014 Norway lobster (Nephrops norvegicus), \n\nPOL \u2014 Pollack (Pollachius polbchius}, \n\nARC \u2014 Argentine (Argentina sphyraena), \n\nOTH \u2014 Other. \u00a3AJ \"i \n\nCOMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT \n\nThe object of this arrangement Is to provide fishing possibilities for \nFaroese fishermen In EEC waters, In exchange for equivalent fishing \npossibilities for Community fishermen In Faroese waters. It will not involve undertakings in any particular obligations for the \nlatter. RAPPORT DE L'IMPACT SUR LA COMP\u00c9TITIVIT\u00c9 ET L'EMPLOI \n\nL'objet de cet arrangement est de mettre \u00e0 la disposition des p\u00eacheurs \nf\u00e9rlnglens des possibilit\u00e9s de p\u00eache dans les eaux communautaires, en \n\u00e9change de possibilit\u00e9s de p\u00eache \u00e9quivalentes pour les p\u00eacheurs de la \nCommunaut\u00e9 dans les eaux f\u00e9ringiennes. Cela n'implique pas d'obligation particuli\u00e8re pour ces derniers. BERICHT \nUBER \nBESCHATTIGUNG \n\nDIE \n\nAUSWIRKUNGEN \n\nAUF \n\nWETTBEWERBSFAH1GKEIT WQ. Gegenstand dieser MaBnahme 1st es, die Fischereim\u00f4glichkeiten fur die \nf\u00e2r\u00f4ischen Fischer In den Gew\u00e2ssern der Gemeinschaft zu schaffen, im \nAustausch fUr glelche Fischereim\u00f4glIchkelten fUr Gemeinschaftsfischer \nIn den Gew\u00e2ssern von den F\u00e0r\u00f4ern. Es brlngt keine besonderen VerpfIIchtungen fUr die Unternehmen mit \nslch. 1S \n\nISSN 0254-1475 \n\nCOM(91) 487 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-534-EN-C \n\nISBN 92-77-77916-0 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/028fe77b-4c6b-4665-b873-ceb789bc6dee", "title": "Question No 10 by Mr LANE (H-1191/91) to the Council: Gulf States", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_parliamentary_question_time,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,LANE", "date": "1991-12-03", "subjects": "EU relations,Middle East,cooperation agreement,economic development,free-trade agreement", "workIds": "celex:91991H001191", "eurovoc_concepts": ["EU relations", "Middle East", "cooperation agreement", "economic development", "free-trade agreement"], "url": "http://publications.europa.eu/resource/cellar/028fe77b-4c6b-4665-b873-ceb789bc6dee", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/03f477e7-82f5-4f97-b81a-8e883a09019e", "title": "Council Regulation (EEC) No 3588/91 of 3 December 1991 extending to 1992 the application of Regulation (EEC) No 3834/90 reducing for 1991 the levies on certain agricultural products originating in developing countries", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-03", "subjects": "agricultural levy,agricultural product,developing countries,import levy", "workIds": "celex:31991R3588,oj:JOL_1991_341_R_0006_019", "eurovoc_concepts": ["agricultural levy", "agricultural product", "developing countries", "import levy"], "url": "http://publications.europa.eu/resource/cellar/03f477e7-82f5-4f97-b81a-8e883a09019e", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a331580c-34ae-46ef-9f52-2ae7a865c7a0", "title": "92/5/EEC: Commission Decision of 3 December 1991 approving the programme for the eradication of enzootic bovine leukosis presented by the Federal Republic of Germany and fixing the level of the Community' s financial contribution (Only the German text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "EU aid,Germany,animal leucosis,cattle,veterinary legislation", "workIds": "celex:31992D0005,oj:JOL_1992_004_R_0013_025", "eurovoc_concepts": ["EU aid", "Germany", "animal leucosis", "cattle", "veterinary legislation"], "url": "http://publications.europa.eu/resource/cellar/a331580c-34ae-46ef-9f52-2ae7a865c7a0", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/eace99d7-a2a7-466e-9398-3d7a432f9e2f", "title": "92/1/EEC: Commission Decision of 3 December 1991 laying down the rules for scientific measures concerning the control of African swine fever and the financial contribution from the Community", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "EU financing,animal plague,epidemiology,scientific research,swine", "workIds": "celex:31992D0001,oj:JOL_1992_001_R_0020_026", "eurovoc_concepts": ["EU financing", "animal plague", "epidemiology", "scientific research", "swine"], "url": "http://publications.europa.eu/resource/cellar/eace99d7-a2a7-466e-9398-3d7a432f9e2f", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/7f557aa2-b0c6-400e-b211-7bd35d85fdac", "title": "Council Regulation (EEC) No 3587/91 of 3 December 1991 extending into 1992 the application of Regulations (EEC) No 3831/90, (EEC) No 3832/90, (EEC) No 3833/90 and (EEC) No 3835/90 applying generalized tariff preferences for 1991 in respect of certain products originating in developing countries", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-03", "subjects": "developing countries,generalised preferences,industrial product,textile product", "workIds": "celex:31991R3587,oj:JOL_1991_341_R_0001_018", "eurovoc_concepts": ["developing countries", "generalised preferences", "industrial product", "textile product"], "url": "http://publications.europa.eu/resource/cellar/7f557aa2-b0c6-400e-b211-7bd35d85fdac", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/fc769613-e04d-4cc5-9678-b0e74ea11bd8", "title": "Information concerning the date of entry into force of the Agreements between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden, the Swiss Confederation and the Principality of Liechtenstein establishing co-operation in the field of education and training within the framework of the Erasmus programme", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-03", "subjects": "Austria,EU programme,Finland,Iceland,Liechtenstein,Norway,Sweden,Switzerland,cooperation agreement (EU),higher education,student mobility", "workIds": "celex:21991X1203(01),oj:JOL_1991_332_R_0071_016", "eurovoc_concepts": ["Austria", "EU programme", "Finland", "Iceland", "Liechtenstein", "Norway", "Sweden", "Switzerland", "cooperation agreement (EU)", "higher education", "student mobility"], "url": "http://publications.europa.eu/resource/cellar/fc769613-e04d-4cc5-9678-b0e74ea11bd8", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c554eb60-e577-4b49-ae90-821cd0bec641", "title": "Proposal for a COUNCIL REGULATION ( EEC ) complementing and modifying Council Regulations ( EEC ) extending into 1992 the application of Council Regulations ( EEC ) Nos 3831/90, 3832/90, 3833/90, 3834/90 and 3835/90 applying generalized tariff preferences for 1991 in respect of certain products originating in developing countries", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "Baltic States,developing countries,economic development,export aid,generalised preferences,originating product", "workIds": "celex:51991PC0480,comnat:COM_1991_0480_FIN,oj:JOC_1991_334_R_0009_01", "eurovoc_concepts": ["Baltic States", "developing countries", "economic development", "export aid", "generalised preferences", "originating product"], "url": "http://publications.europa.eu/resource/cellar/c554eb60-e577-4b49-ae90-821cd0bec641", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91)480 final \n\nBrussels, 3 December 1991 \n\nProposa! for a \n\ncomplementing and modifying Council Regulations (EEC) \n\nNo \n\n/91 and No \n\n/91 extending into 1992 \n\nthe application of Council Regulations (EEC) Nos 3831/90, 3832/90, \n3833/90, 3834/90 and 3835/90 applying generalized tariff preferences \nfor 1991 in respect of certain products originating \nin developing countries \n\nDraft \n\nDECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE \nMEM8ER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, \nMEETING WITHIN THE COUNCIL, \n/ECSC OF \nINTO 1991 THE APPLICATION OF DECISIONS 90/672/ECSC AND 90/673/ECSC \napplying generalized tariff preferences for 1991 in respect of \ncertain steel products originating in developing countries \n\nMODIFYING DECISION 91/ \n\n1991 EXTENDING \n\n(presented by the Commission) \n\n\fEXPLANATORY MEMORANDUM \n\nThe Commission proposal (doc. COM (91) 303 final), which in the \nexpectation of the complete review of the scheme, aimed at extending \nthrough 1992 the generalized preferences scheme applied in 1991, did \nnot take into account more recent international changes, in particular \nthe new situation existing in Albania and the renewed independence of \nthe three Baltic States, Estonia, Latvia and Lithuania. The four countries' economic conditions fully Justify the Community \n\nin granting them preferential access to its market. Therefore, and in line with the policy previously applied with \nrespect to other Central and Eastern European countries, it seems \nappropriate to grant temporarily to these four countries the benefit of \nthe Community's generalized tariff preference scheme so as to develop \ntheir exports and thus to sustain them in the efforts that they will \nneed to undertake in order to restructure their economies. However with \nregard to fish products, in the expectation of the conclusion of an \nagreement on fisheries, the Commission proposes that Estonia, Latvia \nand Lithuania be subject to a treatment similar to that of Greenland \nand Poland. In addition, in its aforementioned proposal, the Commission was \nnot in a position to take into account the recent presentation to the \nRepublic of Korea's Parliament of new legislation in the field of \nintellectual property that should lead, within a short period of time, \nto the abrogation in that country of the discriminatory treatment \napplied in this area to the Community. Such a turn of events will \npermit the lifting of the suspension of the benefit of preferences in \nrespect of the Republic of Korea. Finally, a certain number of changes in the nomenclature make \nnecessary the corresponding technical modifications to the product \nlists annexed to the preference scheme. This is the purpose of the present proposal on which the Council \nis invited to decide within a space of time that should allow the \noperators concerned to be rapidly informed. *. Proposal for a regulation \ncomplementing and modifying Council Regulations (EEC) \n\nNo \n\n/91 and No \n\n/91 extending into 1992 \n\nthe application of Council Regulations (EEC) Nos 3831/90, 3832/90, \n3833/90, 3834/90 and 3835/90 applying generalized tariff preferences \nfor 1991 in respect of certain products originating \nin developing countries \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \nCommunities, and in particular Articles 113 and 43 thereof, \n\nHaving regard to the proposal from the Commission, \n\nHaving regard to the opinion of the European Parliament (1), \n\nHaving regard to the opinion of the Economic and Social Committee (2), \n\nWhereas Albania has seen its economic situation decline to the point \nwhere this country is facing similar problems as those of countries \nwhich in the past have benefited from generalized preferences; \n\nWhereas Estonia, Latvia and Lithuania have regained their ind\u00e9pendance \nand also have seen their economic situation decline to the point where \nthese three countries are facing similar problems to those of countries \nwhich in the past have benefited from generalized preferences; \n\nWhereas Albania, Estonia, Latvia and Lithuania should therefore \nbenefit, on a transitional basis, from the system of generalized \npreferences in order to increase their exports with a view to \nstimulating \ntheir \neconomic \nindustrialization and to accelerate their growth rate-, \n\ndevelopment, \n\npromote \n\ntheir \n\nto \n\nWhereas the benefit of tariff preferences has been suspended on a \ntemporary basis with respect to the Republic of Korea on account of the \ndiscriminatory treatment applied in that country to the Community in \nthe sphere of intellectual property; whereas that discriminatory \ntreatment having been abrogated, there are no grounds for maintaining \nthe suspension; \n\nWhereas, as a consequence of nomenclature changes, it appears necessary \nto make technical modifications- to the Msts. of products benefiting \nfrom the generalized preferences schemes, \n\n(1) Opinion delivered on \n(2) Opinion delivered on \n\n\fJ AJCPTED THIS REGULATION \n\nArticle 1 \n\nArticle 2 of Regulation (EEC) No \nfol lowing text: \n\n/91 (1) is complemented by the \n\n\"Annex III, part A, of Regulation (EEC) No 3831/90, Annex V, part A, of \nRegulation (EEC) No 3832/90, Annex III, part A, of Regulation (EEC) No \n3833/90, are complemented by the mention of the following countries : \n\n053 Estonia \n054 Latvia \n055 Lithuania \n070 Albania. The text of footnote c) to Annex II to Regulation (EEC) No 3833/90 is \nreplaced by the following text: \n\n\"c) Preferences are not to be granted in respect of products marked \nwith two asterisks originating in Estonia, Greenland, Latvia, Lithuania \nor Poland. \" \n\nParagraph 3 of Article 1 of each of Regulations (EEC) No 3831/90, \n3832/90 and 3833/90 is deleted. \" \n\nThe Annex referred to in Article 3 of Regulation (EEC) No \nreplaced by the Annex to this Regulation. /91 is \n\nArticle 2 \n\nAjrli\u00e7le_3 \n\nArticle 1 to Regulation (EEC) No \nfol lowing text : \n\n/91 (2) Is complemented by the \n\n\"with the exception of paragraph 3 to Article 1, which is deleted. \" \n\nArticle 4 \n\nThis Regulation shall enter into force on 1 January 1992. This Regulation shall be binding in its entirety and directly \napplicable in all Member States. Done at Brussels, \n\nFor the CounciI , \nThe President \n\n(1) See page \n(2) See page \n\nof this Official Journal \nof this Official Journal \n\nM \n\n\fC o u n c il R e g u l a t i on (EEC) No 3831/90 \n\nANNEX \n\nIn Annex I, in column (2) against order No 10. 0117 : \n\nfor \"2903 51 00\" read \"2903 51\" \n\nIn Annex I, in column (2), against order No 10. 0950 : \n\nfor \"8211 91 90\" read \"8211 91 30 \n\n8211 91 80\" \n\nIn Annex I, in column (2), against order No 10. 1052 : \n\ndelete \"8528 10 11 \n\n8528 10 19 \n\n8528 10 30\" \n\nIn Annex I, in column (2), against order No 10. 1060 : \n\nfor \"8529 90 99\" read \"8529 90 70 \n\n8529 90 98\" \n\nIn Annex II Part 2, in the first column of the list relating to \n\nSouth Korea : \n\nfor \"8215 10 10\", read \"8215 10 30\" \n\nIn Annex II Part 3, in the first column : \n\nfor \"ex 2903 19 00\", read \"ex 2903 19 90\" \n\nfor \"2924 29 90\", read \"2924 29 50 \n\n2924 29 80\" \n\nIn Annex II Part 3, in the first column : \n\nfor \"8473 10 00\", read \"8473 10\" \n\nfor \"8473 29 00\", read \"8473 29\" \n\nfor \"8473 30 00\", read \"8473 30\" \n\nfor \"8473 40 00\", read \"8473 40\" \n\n\f-2-\n\nn Annex I Part 3, in the first column : \n\nfor \"3507 10 91 \n\n8507 10 99\", read \"8507 10 31 \n\n8507 10 39 \n\n8507 10 81 \n\n8507 10 89\" \n\nfor \"\u00e8507 20 99\". read \"8507 20 31 \n\n8507 20 39 \n\n8507 20 81 \n\n8507 20 89' \n\n\fCouncil Regulation (EEC) No 3832/90 \n\nANNEX \n\nIn Annex I, in column (3) against order No 40. 0060 : \n\nfor \"6204 62 35\", read \"6204 62 39\" \n\nfor \"6204 63 19 \n\n6204 69 19\" , read \"6204 63 18 \n\n6204 69 18\" \n\nbelow \"6204 69 18\", insert \n\n\"6211 32 42 \n\n6211 33 42 \n\n6211 42 42 \n\n6211 43 42\" \n\nIn Annex I, in column (4) against order No 40. 0060 : \n\nfor \"Men's or boys' woven breeches, shorts other than swimwear and \n\ntrousers (including slacks); women's or girls woven trousers and \n\nslacks, of wool, of cotton or of man-made fibres\", \n\nread : \n\n\"Men's or boys' woven breeches, shorts other than swimwear and \n\ntrousers (including slacks); women's or girls woven trousers and \n\nslacks, of wool, of cotton or of man-made fibres-, \n\nLower parts of tracksuits with lining, other than of category 16 \n\nor 29, of cotton or of man-made fibres\" \n\nIn Annex I, in column (3) against order No 40. 0160 : \n\nfor \"6203 22 90 \n\n6203 23 90 \n\n6203 29 19\", read \"6203 22 80 \n\n6203 23 80 \n\n6203 29 18\" \n\nbelow \"6203 29 18\", insert \n\n\"6211 32 31 \n\n6211 33 31\" \n\n\f-2-\n\nin Annex I, in column (4) against order No 40. 0160 : \n\nfor \"Men's or boys' suits and ensembles, other than knitted oi \n>r \n\ncrocheted, of wool, of cotton or of man-made fibres, excluding \n\nsk i su i ts\", \n\nread : \n\n\"Men's or boys' suits and ensembles, other than knitted or \n\ncrocheted, of wool, of cotton or of man-made fibres, excluding \n\nski suits; \n\nMen's or boys' tracksuits with lining, with an outer shell of a \n\nsingle identical fabric, of cotton or of man-made fibres\" \n\nIn Annex I, in column (3), against order No 40. 0210 : \n\nbelow \"6202 93 00\", insert : \"6211 32 41 \n\n6211 33 41 \n\n6211 42 41 \n\n6211 43 41\" \n\nIn Annex I, in column (4), against order No 40. 0210 : \n\nfor \"Parkas; anoraks, windcheaters, waister jackets and the like, \n\nother than knitted or crocheted, of wool, of cotton or man-made \n\nf ibres\" \n\nread : \n\n\"Parkas; anoraks, windcheaters, waister jackets and the like, \n\nother than knitted or crocheted, of wool, of cotton or man-made \n\nf ibres; \n\nUpper parts of tracksuits with lining, other than of category 16 \n\nor 29, of cotton or of man-wade fibres\" \n\nIn Annex I, in column (3) against order No 40. 0290 : \n\nfor \"6204 22 90 \n\n6204 23 90 \n\n6204 29 19\", read \"6204 22 80 \n\n6204 23 80 \n\n6204 29 18\" \n\nbelow \"6204 29 18\". insert \"6211 42 31 \n\n6211 43 31\" \n\n? \n\n\f3-\n\nn Annex I, in column (4) against order No 40. 0290 : \n\nfor \"Women's or g i r l s' suits and e n s e m b l e s, other than knitted or \n\ncrocheted, of w o o l, of cotton or m a n - m a de fibres, excluding ski \n\nsu i t s\" \n\nread : \n\n\"Women's or g i r t s' suits and e n s e m b l e s, other than knitted or \n\ncrocheted , of w o o l, of c o t t on or m a n - m a de fibres, excluding ski \n\nsu i t s ; \n\n\"Women's or g i r l s' tracksuits with lining, with an outer shell of \n\na single identical fabric, of cotton or of man-made fibres\" \n\n\fAN\u00ce:EX \n\nCouncil Regulation (EEC) No 3833/90 \n\n;n Annex I, in column (3) against order No 50. 0015 : \n\nfor \"Preserved pineapples, in slices, half slices or spirals\" \n\nread \"Pineapples, prepared or preserved, in slices, half slices \n\nor spirals\" \n\nIn Annex I, in column (3) against order No 50. 0025 : \n\nfor \"Preserved pineapples other than in slices, half slices or \n\nspirals\" \n\nread \"Pineapples, prepared or preserved, other than in slices, half \n\nsi ices or spirals\" \n\nIn Annex II, in columns (2) and (3) against order No 52. 2210 \n\ndelete \"1519 20 00 Acid oils from refining\" \n\nIn Annex 11, in column (2) against order No 52. 2220 : \n\nfor \"1519 30 00\", read \"1519 20 00\" \n\nIn Annex II in column (2) against order No 52. 3680 : \n\nfor \"2201 10 00*# read \"2201 10* \n\nS \n\n\fDraft \n\nDECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE \nMEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, \nMEETING WITHIN THE COUNCIL, \n/ECSC OF \nINTO 1991 THE APPLICATION OF DECISIONS 90/672/ECSC AND 90/673/ECSC \napplying generalized tariff preferences for 1991 in respect of \ncertain steel products originating in developing countries \n\nMODIFYING DECISION 91/ \n\n1991 EXTENDING \n\nTHE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE \nEUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, \n\nIn agreement with the Commission, \n\nHAVE DECIDED AS FOLLOWS: \n\nArticle 1 \n\nArticle 1 of Decision 91/ \ntext: \n\n/ECSC is complemented by the following \n\n\"with the exception of paragraph 3 of Article 1 of Decision \n90/672/ECSC, which is deleted. \" \n\nThis Decision shall enter into force on 1 January 1992. Article 2 \n\nDone at Brussels, \n\nThe President \n\nM \n\n\fFICHE FINANCIERE \n\n;>hj\"t: Proposition compl\u00e9mentaire \u00e0 celle pr\u00e9sent\u00e9e par ia Commission \nau Conseil en date du 26. 7. 1991 (doc. C0M(91)303 fin. ) \n\nLa pr\u00e9sente proposition compl\u00e9mentaire vise \u00e0 inclure les pays \nbaltes et l'Albanie dans le sch\u00e9ma SPG de la Communaut\u00e9 en 1992 ainsi \nqu'\u00e0 lever la suspension du b\u00e9n\u00e9fice des pr\u00e9f\u00e9rences concernant ia \nR\u00e9publique de Cor\u00e9e. L'incidence budg\u00e9taire de l'inclusion de l'Albanie peut \u00eatre \nconsid\u00e9r\u00e9e comme n\u00e9gligeable \u00e9tant donn\u00e9 la situation \u00e9conomique \nactuelle pr\u00e9valant dans ce pays. Quant aux pays baltes, la Commission \nest dans l'impossibilit\u00e9 de quantifier les pertes de recettes, \u00e9tant \ndonn\u00e9 qu'elle ne dispose pas de statistiques d'exportations de ces \npays. Il n'y a cependant pas lieu de craindre une incidence importante. En ce qui concerne la Cor\u00e9e, sur la base d'un taux d'utilisation du \nSPG par ce pays en 1987 de 22,63 % et en tenant compte des importations \ntotales dans la Communaut\u00e9 de produits originaires de ce pays couverts \npar le SPG et sur la base d'une moyenne pond\u00e9r\u00e9e des droits de douane \ndu tarif douanier commun applicable aux produits en question de l'ordre \nde 5,5 \u00e0 6 %, on peut estimer la perte de recette r\u00e9sultant de cette \nmesure de 75 \u00e0 82 millions d'ECUS. A* \n\n\fISSN 0254-1475 \n\nCOM(91) 480 final \n\nDOCUMENTS \n\nEN \n\n11 02 \n\nCatalogue number : CB-CO-91-529-EN-C \n\nISBN 92-77-77871-7 \n\nOffice for Official PubKcations of the European Communities \nL-2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/e34eb4f1-abbd-44b1-85cb-52db46cdc1da", "title": "Accommodation and social cohesion in the urban environment : The implications for young people.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Eurofound", "date": "1991-12-03", "subjects": "disaffection of young people,subsidised housing,urban community", "workIds": "PUB_SY5689287", "eurovoc_concepts": ["disaffection of young people", "subsidised housing", "urban community"], "url": "http://publications.europa.eu/resource/cellar/e34eb4f1-abbd-44b1-85cb-52db46cdc1da", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/341846b3-e9c9-4ecf-a956-3af0307da95e", "title": "Question No 36 by Mr FITZGERALD (H-1196/91) to European Political Cooperation: EC / Baltic relations", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_parliamentary_question_time,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,FITZGERALD", "date": "1991-12-03", "subjects": "EU relations,cooperation agreement,diplomatic relations", "workIds": "celex:91991H001196", "eurovoc_concepts": ["EU relations", "cooperation agreement", "diplomatic relations"], "url": "http://publications.europa.eu/resource/cellar/341846b3-e9c9-4ecf-a956-3af0307da95e", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2f8c2576-2d50-468c-b16e-c7c4ff8c61a6", "title": "Academic Year 1992-1993.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "European University Institute", "date": "1991-12-03", "subjects": "higher education", "workIds": "PUB_OY7091629", "eurovoc_concepts": ["higher education"], "url": "http://publications.europa.eu/resource/cellar/2f8c2576-2d50-468c-b16e-c7c4ff8c61a6", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/79cf8350-b9a5-42ec-b34b-4ff24d72af91", "title": "Proposal for a COUNCIL DIRECTIVE concerning the minimum safety and health requirements for work on board fishing vessels - 10th individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "crew,fishing vessel,occupational health,occupational safety,worker information", "workIds": "celex:51991PC0466,comnat:COM_1991_0466_FIN", "eurovoc_concepts": ["crew", "fishing vessel", "occupational health", "occupational safety", "worker information"], "url": "http://publications.europa.eu/resource/cellar/79cf8350-b9a5-42ec-b34b-4ff24d72af91", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 466 final - SYN 369 \n\nBrussels, 27 November 1991 \n\nProposal for a \n\nCOUNCIL PI RECTI YE \n\nconcerning the minimum safety and health requirements \n\nfor work on board fishing vessels \n\n10th individual Directive within the meaning of Directive 89/391/EEC \n\n(presented by the Commission) \n\n\f- 2 -\n\nEXPLANATORY MEMORANDUM \n\nProposal for a Council Directive concerning safety and health at work \n\non board fishing vessels. 1) LEGAL BASIS \n\nThe proposal is based on Article 118a of the EEC Treaty and takes the \n\nform of an individual Directive within the meaning of Article 16 of \n\nCouncil Directive 89/391/EEC of 12 June 1989 on the introduction of \n\nmeasures to encourage improvements in the safety and health of workers \n\nat the workplace^1), the Annex to which specifically mentions the \n\nf ish ing industry. In its Communication on its programme concerning safety, hygiene and \n\nhealth at work^2) the Commission pointed out that fishing was a high-\n\nrisk sector because of the particularly high incidence of serious \n\naccidents. The measures announced by the Commission in its \n\nCommunication were noted by the Council in its Resolution of 21 \n\nDecember 1987(3). (1) OJ L 183 of 29. 6. 1989, pp. 1 and 59 \n\n(2) OJ C 28 of 3. 2. 1988, pp. 3-8 \n\n(3) OJ C 28 of 3. 2. 1988, pp. 1-2 \n\n\f- 3 -\n\nThe proposal forms part of the action planned to cater for the social \n\naspects of the completion of the internal market^4) and is one of the \n\ninitiatives referred to by the Commission in the Communication on its \n\naction programme relating to the implementation of the Community \n\nCharter of Basic Social Rights for Workers^5). 2) AIMS OF THE PROPOSAL \n\nThe proposal applies to all vessels over 12 m long, which in practice \n\nmeans all vessels operated by more than one person. Its aims are as \n\nfol lows: \n\nto lay down minimum health and safety requirements for fishing \n\nvessels as special workplaces, since these are excluded from the \n\nscope of Council Directive 89/654/EEC<6> of 30. 11. 1989 (1st \n\nindividual Directive); \n\n(4) White paper - C0M(85) 310 final \n\n(5) C0M(89) 568 final \n\n(6) OJ L 393 of 30. 12. 1989, pp. 1-12 \n\n\f_ 4 -\n\nto promote better health and safety conditions on board, by \n\nrequiring external, and in particular meteorological, conditions to \n\nbe taken into account, and compliance with specific minimum \n\nrequirements during work; \n\nto cater for the free movement of workers in the fishing sector by \n\nlaying down general training criteria for health and safety on \n\nboard and the use of emergency escape and survival equipment, and \n\nby providing for detailed training for any person likely to command \n\na vesse I ; \n\nto promote the provision on board of suitable emergency escape and \n\nsurvival equipment and, for vessels working away from the coast, \n\nposition-indicating equipment for use in the event of shipwreck; \n\nfinally, to promote the use on board of appropriate personal \n\nprotective equipment for the specific requirements of work at sea. - 5 -\n\n3) THE PROPOSAL IN RELATION TO EXISTING NATIONAL LEGISLATION AND \n\nINTERNATIONAL CONVENTIONS \n\na) All coastal Member States have legislation covering certain aspects \n\nof the health and safety of fishermen. Most of this is based on international provisions: \n\nthe International Maritime Organization's International \n\nConvention for the Safety of Life at Sea (1974); \n\nthe Protocol of 1978 relating to the International Convention \n\nfor the Safety of Life at Sea, 1974; \n\nInternational Labour Organization (ILO) Convention No 125 \n\nconcerning Fishermen's Certificates of Competency; \n\nthe Torremolinos Convention on the Safety of Fishing Vessels \n\n(IMO) (1977); \n\nand the 1974 Safety and health requirements for the construction \n\nand equipment of fishing vessels, drawn up jointly by the IMO, the \n\nILO and the FAO (Food and Agriculture Organization). - 6 -\n\nIn this context it should be pointed out that ILO Convention 125 \n\nand the Torremolinos Convention have been ratified and transposed \n\ninto national law by only a limited number of Member States (3 and \n\n7 respectively). Most countries have legislation which takes \n\naccount of at least part of one or other of these Conventions. It \n\nshould also be noted that the Torremolinos Convention applies only \n\nto vessels over 24 m and has not come into force because the \n\ncountries which have ratified it do not account for sufficient \n\ntonnage as laid down in the Convention. There are plans to revise \n\nthe Convention to make some of its provisions applicable to vessels \n\nover 55 m only. These international conventions and the related secondary \n\nlegislation in the Member States deal mainly with the intrinsic \n\nsafety of vessels or emergency equipment, rather than health and \n\nsafety at work, and it is therefore this latter area which the \n\nCommission particularly wishes to cover. Furthermore, the proposal will not affect current work on revising \n\nthe Torremolinos Convention, provided that it guarantees at least \n\nan equivalent level of safety and protection for workers. In this \n\ncontext, the Commission reserves the right to take measures to \n\nensure that the Convention or similar provisions are applied as \n\nwidely as possible to fishing vessels in the Community. - 7 -\n\nb) There are therefore major discrepancies in the national \n\nlegislations of the different Member States with regard to the \n\nprovisions contained in this proposal. An analysis shows that the \n\nlegislation in many Member States covers vessels over a certain \n\nlength only, and this can vary from one country to another. Some Member States have no specific provisions at all on some of \n\nthe aspects covered by this proposal, in particular health and \n\nsafety training for fishermen. c) The proposal's provisions on information, training, consultation \n\nand participation for fishermen contain elements which relate \n\nspecifically to the fishing industry, but take the same form as \n\nthose contained in Directive 89/391/EEC and individual Directives \n\n89/654/EEC, 89/655/EEC<7>, 89/656/EEC<8>, 90/269/EEC<9) and \n\n90/270/EEC(1\u00b0) and the current proposal for a Council Directive \n\nconcerning the minimum requirements for the provision of safety \n\nand/or health signs at work^1 1). (7) OJ L 393 of 30. 12. 1989, pp. 13-17 \n\n(8) OJ L 393 of 30. 12. 1989, pp. 18 and 59 \n\n(9) OJ L 156 of 21. 06. 1990, pp. 9-13 \n\n(10) 0J L 156 of 21. 6. 1990, pp. 14 and 59 \n\n(11) OJ C 53 of 28. 2. 1991, pp. 46-64 \n\n\f- 8 -\n\nThese new provisions could therefore be incorporated into national \n\nlegislation in the same way; Member States which have already \n\ntransposed the Directives referred to above will have some \n\nexperience in the matter. 4) CHARACTERISTICS OF THE PROPOSAL \n\na) This proposal is based on Article 118a of the EEC Treaty and is \n\nintended to establish minimum health and safety requirements for \n\nwork in the fishing industry. b) The proposal is for an individual Directive within the meaning of \n\nArticle 16 of Directive 89/391/EEC, which established a new legal \n\nframework. This means that a number of the recitals, the provisions \n\non information, training, consultation and participation for \n\nworkers (in this case fishermen) and the final provisions have all \n\nbeen drafted in accordance with similar provisions contained in \n\nDirective 89/391/EEC and/or the individual Directives referred to \n\nin paragraph 3 c ). - 9 -\n\nFor the same reasons the definitions given in Article 3 of \n\nDirective 89/391/EEC also apply to the new proposal and have not \n\nbeen repeated. c) Article 4 of the proposal contains provisions to ensure consistency \n\nwith any other Directives covering fishing vessels or the equipment \n\non board adopted pursuant to Article 100a. d) The minimum requirements proposed were taken from or based on the \n\ninternational conventions referred to in paragraph 3 a ). The aim \n\nof the proposal is to extend and harmonize existing provisions in \n\nthe field rather than to introduce completely new provisions. However, since the international conventions do not cover safety \n\nand working conditions in the fishing industry, new provisions have \n\nbeen introduced on workstation design, work organization, living \n\nconditions on board, suitable health and safety training for \n\nfishermen and detailed health and safety training for anyone likely \n\nto command a vessel. - 10 -\n\n5) CONSULTATION OF THE PARTIES CONCERNED \n\nExperts, government representatives and representatives of workers' and \n\nemployers' organizations were consulted by the Commission and were \n\ninvolved in the preparation of the proposal. In particular the Joint \n\nCommittee on Social Problems in Sea Fishing was invited to comment, and \n\nits observations were taken into account in the drafting of this \n\nproposal. The Advisory Committee on Safety, Hygiene and Health Protection at Work \n\n(set up by Council Decision 74/325/EEC of 27. 6. 1974(12) ) was also \n\nconsulted and issued a generally favourable opinion, which was taken \n\ninto account in the drafting of the proposal. 6) DESCRIPTION OF THE ARTICLES OF AND ANNEXES TO THE PROPOSAL \n\nArticles 1 and 2 contain general provisions describing the object \n\nof the Directive and its scope and giving various definitions. (12) OJ L 185 Of 9. 7. 1974, p. 15 \n\n\f- 11 -\n\nArticles 3-7 lay down obligations for vessel owners for the \n\nprotection of the health and safety of fishermen: \n\nwhile the vessel is in use (Article 3 ), \n\nwhen the vessel is fitted out, for new vessels (Article 4 ), \n\nvessels already in use (Article 5) or vessels undergoing \n\nalterations (Article 6 ), \n\nwhen the vessel is maintained (Article 7 ). Article 8 deals with information on health and safety for \n\nf ishermen. Article 9 deals with health and safety training for fishermen. Article 10 relates to detailed health and safety training for any \n\nperson likely to command a vessel. Article 11 relates to the consultation and participation of \n\nf ishermen. Article 12 describes the procedure for adapting the annexes. Article 13 and 14 contain the final provisions. Annex I lays down minimum health and safety requirements for \n\nfishing vessels commissioned for the first time or altered or \n\ntransformed on or after 1 January 1995. - 12 -\n\nAnnex II lays down minimum health and safety requirements for \n\nvessels commissioned before 1 January 1995. Annex III lays down minimum health and safety requirements \n\nconcerning emergency escape and survival equipment. Annex IV lays down specific health and safety requirements for \n\npersonal protective equipment used at sea. Ill IP 1 \nlife-\n\ni \u00a3 \n\n\f-<\\T>-\n\nProposal for a \n\nCOUNCIL DIRECTIVE \n\nconcerning the minimum safety and health requirements \n\nfor work on board fishing vessels \n\nCOUNCIL OF* THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establisning the European Economic \n\nCommunity, and in particular Article 118A thereof, \n\nHaving regard to the Commission proposal, drawn up after consultation \n\nwith the Advisory Committee on Safety, Hygiene and Health Protection at \n\nWork, \n\nIn cooperation with the European Parliament, \n\nHaving regard to the opinion of the Economic and Social Committee, \n\nWhereas the Commission communication in its programme concerning \n\nsafety, hygiene and health at work^1) provides for measures to make \n\nsafety a more integral part of the design of vessels and the definition \n\nof tasks; \n\n\fWhereas the Council in its Resolution of 21 December 1987 on safety, \n\nhygiene and health at work<2) noted the Commission's intention of \n\nsubmitting to it minimum requirements concerning the organization of \n\nthe safety and health of workers at work; \n\nWhereas compliance with the minimum requirements for ensuring a better \n\nlevel of safety and health on board fishing vessels is essential to \n\nensure the safety and health of the workers concerned; \n\n, :]r-\n\n11\": \n\n(\u2022:! \n\n*: : :: \n\nNI +'! \n\n111 \n\n(1) OJ C 28 of 3. 2. 1988, p. 3 \n\n(2) OJ C 28 Of 3. 2. 1988, p. 1 \n\n\f- 1S -\n\nWhereas, because of the particularly difficult working and living \n\nconditions on board fishing vessels, the incidence of fatal accidents \n\namong workers engaged in sea fishing is very high; \n\nWhereas this Directive is an individual Directive within the meaning of \n\nArticle 16, paragraph 1, of Council Directive 89/391/EEC of \n\n12 June 1989(3) on the introduction of measures to encourage \n\nimprovements in the safety and health of workers at work and that \n\ntherefore the provisions of the latter are fully applicable to work on \n\nboard fishing vessels, without prejudice to more stringent and/or \n\nspecific provisions contained in the present Directive; \n\nWhereas the individual Directives already adopted in the field of \n\nsafety and health at work apply, unless otherwise specified, to sea \n\nfishing and that therefore it may in some cases be necessary to specify \n\nthe particular characteristics of this activity in order to ensure that \n\nthe individual Directives are correctly applied; \n\nWhereas the Council Directive on the minimum health and safety \n\nrequirements for improved medical treatment on board vessels^4) is \n\napplicable in full to the sea fishing industry-, \n\nWhereas this Directive constitutes concrete progress towards the \n\nachievement of *he social dimension of the internal market, \n\nHAS ADOPTED THIS DIRECTIVE: \n\n(3) OJ L 183 of 29. 6. 1989, p. 1 \n\n(4) OJ C 183 of 24. 7. 1990, p. 6 \n\n\fIP! \n\n- < A \u00c9> \n\nOBJECT \n\nArt icle 1 \n\n1) This Directive, which is an individual Directive within the meaning \n\nof Article 16 of Directive 89/391/EEC, lays down minimum safety and \n\nhealth requirements applicable to work on board fishing vessels. 2) The provisions of Directive 89/391/EEC are fully applicable to the \n\nfield described in paragraph 1 without prejudice to more stringent \n\nand/or specific provisions contained in this Directive. DEFINITION \n\nArt icle 2 \n\nFor the purposes of this Directive, the following terms Jiave the \n\nmeanings hereby assigned to them: \n\nfishing vessel (hereinafter called vessel): any vessel registered \n\nin a Member State or flying the flag of a Member State, used for \n\ncatching or processing fish or other living resources from the sea, \n\nwith a length between perpendiculars of 12 m or over; \n\nfisherman: any worker within the meaning of Article 3 (a) of \n\nDirective 89/391/EEC carrying out an activity on board a fishing \n\nvessel, or any person who, in carrying out an activity on board, is \n\nsubordinate to the captain of the vessel; \n\nowner: the registered owner of a vessel, unless that vessel has \n\n\fbeen chartered by demise or is managed, either wholly or in part, \n\nby a natural or legal person other than the registered owner under \n\nthe terms of a management agreement; in that case the owner shall \n\nbe construed as the demise charterer or natural or legal person \n\nmanaging the vessel, as appropriate. GENERAL PROVISIONS \n\nArt icle 3 \n\nThe Member States shall take the measures necessary to ensure that: \n\nowners ensure that their vessels are fit for use, on the \n\nresponsibility of the captain, in conditions, and in particular \n\nmeteorological conditions, which do not endanger the health and \n\nsafety of the fishermen; \n\naccount is taken of any hazards faced by the rest of the crew when \n\napplying Article 8 (4) of Directive 89/391/EEC; \n\nany occurrences at sea which affect or could affect the health and \n\nsafety of the fishermen on board are described in a detailed report \n\nto be forwarded to the relevant maritime authorities and are \n\nrecorded carefully and in detail in the ship's log, where the \n\nnational regulations or legislation in force require such a log to \n\nbe kept on the type of vessel in question. , < ! \u00ab-\n\nVESSELS COMMISSIONED FOR THE FIRST TIME \n\nArt icle 4 \n\nVessels commissioned for the first time on or after 1 January 1996 must \n\ncomply with the minimum health and safety requirements laid down in \n\nAnnexes I and III. However, the minimum requirements contained in Annex I shall apply to \n\nthe vessels referred to in the previous paragraph only if there are no \n\nrelevant Community provisions introduced pursuant to Article 100a of \n\nthe Treaty which guarantee at least an equivalent level of protection. VESSELS ALREADY IN USE \n\nArt icle 5 \n\nVessels already commissioned before 1 January 1996 must comply with the \n\nminimum health and safety requirements laid down in Annexes II and Ml \n\nwithin three years of that date. ALTERATIONS TO VESSELS \n\nArt icle 6 \n\nWhere vessels undergo structural alterations and/or transformations on \n\nor after 1 January 1996, such alterations and/or transformations must \n\ncomply with the relevant minimum requirements laid down in Annexes I \n\nand III. Art icle 7 \n\n- 19 -\n\nFor the protection of the health and safety of workers, the Member \n\nStates shall take the measures necessary to ensure that owners: \n\nensure that the vessels and their fittings and equipment, \n\nparticularly those referred to in Annexes I and II, are technically \n\nmaintained, and that any defects found which are likely to affect \n\nthe health and safety of the fishermen are rectified as quickly as \n\npossible; \n\ntake measures to ensure that the vessels and all fittings and \n\nequipment are cleaned regularly in order to maintain an appropriate \n\nstandard of hygiene; \n\nkeep on board the vessel an adequate quantity of suitable emergency \n\nand survival equipment in good working order in accordance with the \n\nspecifications given in Annex III; \n\ntake account, when implementing the provisions of Directive \n\n8 9 / 6 5 6 / E E C ^ ), of the personal protective equipment specifications \n\ngiven in Annex IV. (5) OJ L 393 of 30. 12. 1989, p. 18 \n\n\f4s\u00a3> -\n\nINFORMATION FOR FISHERMEN \n\nArt icle 8 \n\nWithout prejudice to the provisions of Article 10 of Directive \n\n89/391/EEC, the fishermen shall be informed of all measures to be taken \n\nregarding health and safety on board vessels. TRAINING OF FISHERMEN \n\nArt icle 9 \n\nWithout prejudice to Article 12 of Directive 89/391/EEC, fishermen \n\nshall be given suitable training, in particular in the form of specific \n\ninstructions, on health and safety on board vessels. The training shall cover in particular the use of emergency escape and \n\nsurvival equipment and, for the fishermen concerned, the use of fishing \n\ngear and hauling equipment and the use of various types of signs, \n\nincluding hand signals. DETAILED TRAINING \n\nArt icle 10 \n\nWithout prejudice to Article 5(3) of the Council Directive on the \n\nminimum health and safety requirements for improved medical treatment \n\non board vessels, any person likely to command a vessel shall be given \n\ndeta i led training on: \n\n\fthe prevention of occupational accidents on board; \n\nvessel stability and maintenance thereof when laden and during \n\nf ishing operat ions; \n\nradio navigation and communication. CONSULTATION AND PARTICIPATION OF WORKERS \n\nArt icle 11 \n\nThe consultation of fishermen and/or their representatives and their \n\nparticipation in discussions on the matters covered by this Directive \n\nand its annexes shall be in accordance with Article 11 of Directive \n\n89/391/EEC. ADAPTATION OF THE ANNEXES \n\nArticle 12 \n\nPurely technical adaptations of the annexes to take account of: \n\nthe adoption of directives in the field of technical harmonization \n\nand standardization concerning certain aspects of the field covered \n\nby this Direct ive; \n\nand/or \n\ntechnical progress, changes in international regulations or \n\nspecifications and new findings in the field of safety and health \n\non board vessels; \n\nshall be adopted in accordance with the procedure laid down in Article \n\n17 of Directive 89/391/EEC. FINAL PROVISIONS \n\nArt icle 13 \n\n1. The Member States shall bring into force the laws, regulations and \n\nadministrative provisions necessary to comply with this Directive \n\nby 1 January 1995 at the latest. They shall forthwith inform the \n\nCommission thereof. Any such laws, regulations and administrative provisions adopted by \n\nthe Member States shall contain a reference to this Directive, or \n\n\fZ3 -\n\nshall be accompanied by such a reference upon official publication \n\nThe Member States shall decide on this matter. 2. The Member States shall communicate to the Commission the texts of \n\nthe provisions of national law which they have already adopted or \n\nadopt in the field covered by this Directive. 3. The Member States shall report to the Commission every five years \n\non the practical implementation of the provisions of this \n\nDirective, indicating the points of view of employers and workers. The Commission shall inform the European Parliament, the Council, \n\nthe Economic and Social Committee and the Advisory Committee on \n\nSafety, Hygiene and Health Protection at Work. Art icle 14 \n\nThis Directive is addressed to the Member States. Done at \n\nFor the Counc i I, \n\nThe President. * v-\n\nANNEX \n\nMINIMUM SAFETY AND HEALTH REQUIREMENTS FOR FISHING VESSELS \n\nCOMMISSIONED FOR THE FIRST TIME, AS REFERRED TO IN \n\nARTICLES 4, 6 AND 7 OF THE DIRECTIVE \n\n1. Preliminary note \n\nThe obligations laid down in this Annex apply whenever required \n\nby the features of the workplace, the activity, the \n\ncircumstances or a hazard foreseeable on board a fishing \n\nvesse I. 2. Stability and solidity \n\n2. 1. The hull, deckhouse superstructures, trunks, engines, \n\ncompanionways and other structures of the vessel, together with \n\nits fittings, must be sufficiently solid to enable it to \n\nwithstand all foreseeable conditions in the service for which \n\nit is intended. 2. 2. If a vessel is intended for use in ice, its hull must be \n\nstrengthened to take account of the anticipated sailing \n\nconditions and the area of deployment. 2. 3. All vessels must be sufficiently stable when intact in the \n\nconditions of service for which they are intended. - < 2 5-\n\n2. 4. Any person likely to command a vessel must be familiar with the \n\nparameters governing the stability of that vessel so that he \n\ncan maintain stability at all times when the vessel is laden \n\nand during fishing operations. Information on the vessel's \n\nstability must be available on board and must be accessible to \n\nthe men on watch. 3. Electrical installations \n\nElectrical installations must be designed and constructed so as \n\nnot to present any danger and so as to provide: \n\nprotection for the crew and vessel from electrical hazards, \n\nthe services necessary to maintain the vessel in normal \n\noperational and habitable conditions without having \n\nrecourse to an emergency power supply, and \n\nthe services essential for safety if the main electrical \n\npower source faiIs. - IQ. An emergency source of electrical power must be provided \n\noutside the engine room and be so arranged as to ensure its \n\nfunctioning in the event of fire or other causes of failure of \n\nthe main electricity supply. The emergency source must be capable of providing power \n\nsimultaneously for: \n\ninternal communication equipment, fire detection systems \n\nand signals which may be required in an emergency; \n\nthe navigation lights if solely electrical and the \n\nemergency lights aboard; \n\nthe emergency fire pumps or bilge pump, where present, \n\nfor at least three hours, to give the rescue services time to \n\nreach the vesse I. Main and emergency switchboards must be located in different \n\nplaces so that they cannot all be accidentally exposed to \n\nflooding or f i re. 4. Emergency escape routes and exits \n\n4. 1. Emergency escape routes and exits must remain clear and lead as \n\ndirectly as possible to the open deck or to a safe area and \n\nthence to the survival craft so that fishermen can evacuate \n\nworkstations and living quarters quickly and safely. 4. 2. The number, distribution and dimensions of the emergency escape \n\nroutes and exits must depend on the maximum potential number of \n\npersons present. - 2 3-\n\n4. 3. Emergency doors and other emergency exits must be adequately \n\nwatertight and fire resistant for their location and particular \n\nfunct ion. Emergency doors should be operable from both sides easily and \n\nimmediately by any person who may require to use them in an \n\nemergency. 4. 4. Specific emergency escape routes, facilities and exits must be \n\nindicated by signs in accordance with national regulations \n\ntransposing Directive 77/576/EEC^6^ into law. Signs must be placed at appropriate points and be made to last. 4. 5. The emergency escape routes, facilities and exits, and the \n\ntraffic routes and doors giving access to them, must be free \n\nfrom obstruction so that they can be used at any time without \n\nh indrance. (6) OJ L 229 of 7. 9. 1977, p. 12 \n\n\f4. 6. Emergency escape routes, facilities and exits requiring \n\nillumination must be provided with emergency lighting of \n\nadequate intensity in case the lighting fails. 5. Fire detection and fire fighting \n\n5. 1. Depending on the dimensions and use of the vessel, the \n\nequipment it contains, the physical and chemical properties of \n\nthe substances, products and materials present and the maximum \n\npotential number of people present, the crew accommodation and \n\ninterior workplaces including the fish-hold, where necessary, \n\nmust be equipped with appropriate fire-fighting equipment and, \n\nas necessary, with fire detectors and alarm systems. 5. 2. Non-automatic fire fighting equipment must be easily accessible \n\nand simple to use. The equipment must be indicated by signs in accordance with the \n\nnational regulations transposing Directive 77/576/EEC into law. Such signs must be placed at appropriate points and be made to \n\nlast. 6. Ventilation of enclosed workplaces \n\nSteps must be taken to see to it that there is sufficient fresh \n\nair in enclosed workplaces, having regard to the working \n\nmethods used and the physical demands placed on the fishermen. If a ventilation system is used, it must be maintained in \n\n\fworking order. Any breakdown must be indicated by a control system where this \n\nis necessary for fishermen's health. -3o -\n\n7. Room temperature \n\nThe temperature in living quarters, working areas, sanitary \n\nfacilities and first-aid rooms must be appropriate to the \n\nparticular purpose of such areas. 8. Natural and artificial lighting of working areas \n\n8. 1. Where workplaces do not receive sufficient natural light they \n\nmust be equipped with artificial lighting suitable for the \n\noperation in hand, without placing the fishermen's safety and \n\nhealth in danger or Jeopardizing other vessels. 8. 2. Lighting installations in areas containing workplaces, stairs, \n\nladders, and in passageways must be placed in such a way that \n\nthere is no risk of accident to the fishermen and no hindrance \n\nto the navigation of the vessel. 8. 3. Workplaces in which fishermen are especially exposed to risks \n\nin the event of failure of artificial lighting must be provided \n\nwith emergency lighting of adequate intensity. 9. Floors, walls and ceilings of rooms \n\n9. 1. The floors of workplaces must be provided with non-slip \n\nsurfacing and kept clear and free of obstacles. Rooms containing workstations must be adequately insulated and \n\nsoundproofed, bearing in mind the type of tasks involved and \n\nthe physical activity of the fishermen. - 3/ -\n\n9. 2. The surface of floors, walls and ceilings in workplaces must be \n\nsuch that they can be cleaned or refurbished to an appropriate \n\nstandard of hygiene. 10. Doors \n\n10. 1 \n\nThe position and number of doors in watertight bulkheads and \n\nweatherproof enclosed superstructures should be reduced to the \n\nminimum compatible with the general arrangement and operational \n\nneeds of the fishing vessel; openings must be fitted with \n\nappropriate means of sealing them off. - 32. 10. 2 \n\nDoors and in particular sliding doors, where such have to be \n\nused, must function without risk of accident to the fishermen, \n\nespecially in adverse weather and sea conditions. 11. Traffic routes - danger areas \n\n11. 1 \n\nPassageways, trunks, the outer part of deckhouses and all \n\ntraffic routes in general must be equipped with guard rails, \n\ngrab rails and lifelines or other means of ensuring the safety \n\nof the crew in the course of its activities on board. Traffic areas around the foot and the top of ladders and \n\nstairways must be provided with non-slip surfacing. 11. 2 \n\nFixed ladders and stairways must be of adequate size and \n\nstrength, with non-slip rungs and steps and handrails. If the \n\ntop of the ladder on the upper deck leads into a trunk, a \n\nlanding shall be provided. If the ladder leads onto an opening \n\non the upper deck, the hand-rails must be extended to meet the \n\nguard rail protecting the opening on the upper deck. 11. 3 \n\nIf there is a risk that fishermen may fall through openings in \n\nthe deck, or from one deck to another, adequate protection \n\nshould be provided, wherever possible in the form of guard \n\nrails of adequate height (in all cases over 1 m ). 11. 4 \n\nEffective bulwarks must be installed on all exposed parts of \n\nthe working deck of an adequate height to protect the crew from \n\nwater washing onto the deck, taking into account the state of \n\nthe sea and the weather conditions in which the vessel may be \n\n\f- 33 \n\n-\n\nused. The bulwarks must be fitted with scuppers or other \n\nsimilar devices to enable water to drain away quickly. Fixed bulwarks must be high enough to protect fishermen from \n\nfalls and in all cases higher than 750 mm. However, if bulwarks of such a height may constitute a \n\nhindrance to fishing operations on any part of the deck, other \n\narrangements must be made providing the same degree of safety. 11. 5 \n\nAccess to installations above the deck for operation or \n\nmaintenance purposes must be such as to ensure the safety of \n\nthe crew. Guard rails or similar devices of appropriate height \n\nmust be provided to prevent falls. 11. 6 \n\nOn stern trawlers with ramps, the ramp must be fitted with a \n\ngate or other means of securing it of the same height as the \n\nadjacent bulwarks, to protect seamen from water entering from \n\nthe stern and from the risk of falling into the ramp. This gate \n\nor other device must be easily opened and closed, preferably by \n\nremote control, must only be open for hauling in the net and \n\nmust be capable of being shut as soon as the trawl has been \n\nhoisted on board. - 3^. 12. Layout of the workstations \n\n12. 1 \n\nNon-slip flooring must be provided in the fishing gear and \n\ncatch handling areas, the engine room, the workshops, the \n\ngalley and other working areas. 12. 2 \n\nWorking areas must be kept clear, must be protected against the \n\nsea and must provide adequate protection for seamen against \n\nfalling on board or overboard. Handling areas must be sufficiently spacious, in terms of both \n\nheight and surface area. 12. 3 \n\nThe vessel's engines must be controlled from a room which is \n\nseparate, insulated and soundproofed from the engine room, and \n\nwhich must be accessible without entering the latter. 12. 4 \n\nThe controls for the hauling gear must be installed in an area \n\nsufficiently large to enable operators to work unhindered. The hauling gear must also have automatic stop facilities to \n\nprevent improper use, and emergency stop facilities. 12. 5 \n\nThe hauling gear operator must have an adequate view of the \n\nhauling gear and the men at work. If the hauling gear is controlled from the bridge, the operator \n\nshould also have a clear view of the men at work, either \n\ndirectly or via any other suitable medium. (6) \n\n\f- 3S -\n\n12. 6 \n\nA reliable communication system must be used between the bridge \n\nand the working deck. 12. 7 \n\nContact with bare ropes and warps and with moving parts of the \n\nequipment must be minimized by installing protective devices. Controls must be installed for moving masses, particularly on \n\ntrawlers : \n\n- devices to immobilize the otter boards, \n\n- devices to control the swinging motion of the codend. ^ 3 6-\n\n13. Accommoda t i on \n\n13. 1 \n\nThe location, design, soundproofing and insulation of the \n\ncrew's accommodation and facilities and the access thereto \n\nshould be such as to provide adequate protection against \n\nweather and sea, vibration and the effects of speed and against \n\nunpleasant odours from other parts of the vessel likely to \n\ndisturb the fishermen during their period of rest. Appropriate \n\nmeasures should be taken to protect non-smokers against \n\ndiscomfort caused by tobacco smoke. 13. 2 \n\nThe crew's accommodation should be properly ventilated to \n\nensure a constant supply of fresh air and prevent condensation. Appropriate lighting must be provided in the crew quarters, \n\nwith: \n\nadequate normal general lighting \n\nreduced general lighting to avoid disturbing fishermen who \n\nare rest ing \n\nlocal lighting in each berth. 13. 3 \n\nThe galley and mess should be of adequate size, adequately lit \n\nand ventilated and easy to maintain to appropriate standards of \n\nhygiene. A storeroom of adequate size should be provided and should be \n\nventilated to ensure it is kept fresh and dry. Refrigerators or other low temperature food storage equipment \n\n\fmust be provided. 14. Sanitary facilities \n\nHot showers should be provided on vessels equipped with crew \n\nquarters. The sanitary facilities, washbasins and showers, \n\nwhere appropriate, must be properly installed, equipped and \n\nventilated. Toilets must be provided, and should be in a \n\nseparate room from the other sanitary faciIities. The sanitary \n\nfacilities must be accessible directly from the crew quarters \n\nwithout having to go out on deck. 15. Accommodation ladders and gangways \n\nAn accommodation ladder, gangway or other similar equipment \n\nproviding an appropriate, safe means of boarding the vessel \n\nmust be ava i lable. 16. Noise \n\nWithout prejudice to national regulations transposing Directive \n\n86/188/EEC^7^ and applicable to workers at work, noise levels \n\nin the crew quarters (particularly cabins) and the sanitary \n\nfacilities must be compatible with the purpose for which such \n\nareas are used. (7) OJ L 137 of 24. 5. 1986 \n\n\f- 3%-\n\nANNEX I I \n\nMINIMUM SAFETY AND HEALTH REQUIREMENTS FOR FISHING VESSELS \n\nALREADY IN USE, AS REFERRED TO IN ARTICLES 5 AND 7 OF THE DIRECTIVE \n\n1. Preliminary note \n\nThe obligations laid down in this Annex apply whenever required \n\nby the features of the workplace, the activity, the \n\ncircumstances or a hazard foreseeable on board a fishing \n\nvessel. 2. StabiIity and solidity \n\n2. 1. The hull, deckhouse superstructures, engine casing, \n\ncompanionways and other structures of the vessel, together with \n\nits fittings, must be sufficiently solid to enable it to \n\nwithstand all foreseeable conditions in the service for which \n\nit is intended. 2. 2. If a vessel is intended for use in ice, its hull must be \n\nstrengthened to take account of the anticipated sailing \n\nconditions and the area of deployment. 2. 3. All vessels must be sufficiently stable when intact in the \n\nconditions of service for which they are intended. - 39-\n\n2. 4. Any person likely to command a vessel must be familiar with the \n\nparameters governing the stability of that vessel so that he \n\ncan maintain stability at all times when the vessel is laden \n\nand during fishing operations. Information on the vessel's \n\nstability must be available on board and must be accessible to \n\nthe men on watch. 3. Electrical installations \n\nElectrical installations must be designed and constructed so as \n\nnot to present any danger and so as to provide: \n\nprotection for the crew and vessel from electrical hazards; \n\nthe services necessary to maintain the vessel in normal \n\noperational and habitable conditions without having \n\nrecourse to an emergency power supply, and \n\nthe services essential for safety if the main electrical \n\npower source fa iIs. q o-\n\nAn emergency source of electrical power must be provided \n\noutside the engine room and be so arranged as to ensure its \n\nfunctioning in the event of fire or other causes of failure of \n\nthe main electricity supply. The emergency source must be capable of providing power \n\nsimultaneously for: \n\ninternal communication equipment, fire detection systems \n\nand signals which may be required in an emergency; \n\nthe navigation lights if solely electrical and the \n\nemergency Iights aboard; \n\nthe emergency fire pumps or bilge pump, where present, \n\nfor at least three hours, to give the rescue services time to \n\nreach the vesseI. Main and emergency switchboards must be located in different \n\nplaces so that they cannot all be accidentally exposed to \n\nflooding or f ire. - If 4-\n\n4. Emergency escape routes and exits \n\n4. 1. Emergency escape routes and exits must remain clear and lead as \n\ndirectly as possible to the open deck or to a safe area and \n\nthence to the survival craft so that fishermen can evacuate \n\nworkstations and living quarters quickly and safely. 4. 2. The number, distribution and dimensions of the emergency escape \n\nroutes and exits must depend on the maximum potential number of \n\npersons present. 4. 3. Emergency doors and other emergency exits must be adequately \n\nwatertight and fire resistant for their location and particular \n\nfunct ion. Emergency doors should be operable from both sides easily and \n\nimmediately by any person who may require to use them in an \n\nemergency. - V - e-\n\n4. 4. Specific emergency escape routes, facilities and exits must be \n\nindicated by signs in accordance with national regulations \n\ntransposing Directive 77/576/EEC into law. Signs must be placed at appropriate points and be made to last \n\n4. 5. The emergency escape routes, facilities and exits, and the \n\ntraffic routes and doors giving access to them, must be free \n\nfrom obstruction so that they can be used at any time without \n\nh indrance. 4. 6. Emergency escape routes, facilities and exits requiring \n\nillumination must be provided with emergency lighting of \n\nadequate intensity in case the lighting fails. Fire detection and fire fighting \n\n5. 1. Depending on the dimensions and use of the vessel, the \n\nequipment it contains, the physical and chemical properties of \n\nthe substances, products and materials present and the maximum \n\npotential number of people present, the crew accommodation and \n\ninterior workplaces including the fish-hold, where necessary, \n\nmust be equipped with appropriate fire-fighting equipment and, \n\nas necessary, with fire detectors and alarm systems. 5. 2. Non-automatic fire fighting equipment must be easily accessible \n\nand simple to use. The equipment must be indicated by signs in accordance with the \n\nnational regulations transposing Directive 77/576/EEC into law. Such signs must be placed at appropriate points and be made to \n\nlast \n\n6. Ventilation of enclosed workplaces \n\nSteps must be taken to see to it that there is sufficient fresh \n\nair in enclosed workplaces, having regard to the working \n\nmethods used and the physical demands placed on the fishermen. If a ventilation system is used, it must be maintained in \n\nwork i ng order. Any breakdown must be indicated by a control system where this \n\nis necessary for fishermen's health. - MX-\n\n7. Room temperature \n\nThe temperature in living quarters, working areas, sanitary \n\nfacilities and first-aid rooms must be appropriate to the \n\nparticular purpose of such areas. 8. Natural and artificial lighting of working areas \n\n8. 1. Where workplaces do not receive sufficient natural light they \n\nmust be equipped with artificial lighting suitable for the \n\noperation in hand, without placing the fishermen's safety and \n\nhealth in danger or jeopardizing other vessels. 8. 2. Lighting installations in areas containing workplaces, stairs, \n\nladders, and in passageways must be placed in such a way that \n\nthere is no risk of accident to the fishermen and no hindrance \n\nto the navigation of the vessel. 8. 3. Workplaces in which fishermen are especially exposed to risks \n\nin the event of failure of artificial lighting must be provided \n\n\fwith emergency lighting of adequate intensity \n\n9. Floors, walls and ceilings of rooms \n\n9. 1. The floors of workplaces must be provided with non-slip \n\nsurfacing and kept clear and free of obstacles. Rooms containing workstations must be adequately insulated and \n\nsoundproofed, bearing in mind the type of tasks involved and \n\nthe physical activity of the fishermen. 9. 2. The surface of floors, walls and ceilings in workplaces must be \n\nsuch that they can be cleaned or refurbished to an appropriate \n\nstandard of hygiene. 10. Doors \n\n10. 1 \n\nThe position and number of doors in watertight bulkheads and \n\nweatherproof enclosed superstructures should be reduced to the \n\n\f-\n\n^-\n\nminimum compatible with the general arrangement and operational \n\nneeds of the fishing vessel; openings must be fitted with \n\nappropriate means of sealing them off. - vs-\n\n10. 2 \n\nDoors and in particular sliding doors, where such have to be \n\nused, must function without risk of accident to the fishermen, \n\nespecially in adverse weather and sea conditions. 11. Traffic routes - danger areas \n\n11. 1 \n\nPassageways, trunks, the outer part of deckhouses and all \n\ntraffic routes in general must be equipped with guard rails, \n\ngrab rails and lifelines or other means of ensuring the safety \n\nof the crew in the course of its activities on board. Traffic areas around the foot and the top of ladders and \n\nstairways must be provided with non-slip surfacing. 11. 2 \n\nFixed ladders and stairways must be of adequate size and \n\nstrength, with non-slip rungs and steps and handrails. If the \n\ntop of the ladder on the upper deck leads into a trunk, a \n\nlanding shall be provided. If the ladder leads onto an opening \n\non the upper deck, the hand-rails must be extended to meet the \n\nguard rail protecting the opening on the upper deck. - V 3. 11. 3 \n\nIf there is a risk that fishermen may fall through openings in \n\nthe deck, or from one deck to another, adequate protection \n\nshould be provided, wherever possible in the form of guard \n\nrails of adequate height (in all cases over 1 m ). 11. 4 \n\nEffective bulwarks must be installed on all exposed parts of \n\nthe working deck of an adequate height to protect the crew from \n\nwater washing onto the deck, taking into account the state of \n\nthe sea and the weather conditions in which the vessel may be \n\nused. The bulwarks must be fitted with scuppers or other \n\nsimilar devices to enable water to drain away quickly. Fixed bulwarks must be high enough to protect fishermen from \n\nfalls and in all cases higher than 750 mm. However, if bulwarks of such a height may constitute a \n\nhindrance to fishing operations on any part of the deck, other \n\narrangements must be made providing the same degree of safety. - To -\n\n12. Layout of the workstations \n\n12. 1 \n\nNon-slip flooring must be provided in the fishing gear and \n\ncatch handling areas, the engine room, the workshops, the \n\ngalley and other working areas. 12. 2 \n\nWorking areas must be kept clear, must be protected against the \n\nsea and must provide adequate protection for seamen against \n\nfalling on board or overboard. Handling areas shall be sufficiently spacious, in terms of both \n\nheight and surface area. 12. 3 \n\nWhere the structure of the vessel allows, the controls for the \n\nhauling gear must be installed in an area sufficiently large to \n\nenable operators to work unhindered. The hauling gear must also have automatic stop facilities to \n\nprevent improper use, and emergency stop facilities. 12. 4 \n\nWhere the structure of the vessel allows, the hauling gear \n\noperator must have an adequate view of the hauling gear and the \n\nmen at work. If the hauling gear is controlled from the bridge, the operator \n\nshould also have a clear view of the men at work, either \n\ndirectly or via any other suitable medium. 12. 5 \n\nA reliable comunication system shall be used between the bridge \n\nand the working deck. 12. 6 \n\nContact with bare ropes and warps and with moving parts of the \n\nequipment must be minimized by installing protective devices. Controls must be installed for moving masses, particularly on \n\ntrawlers : \n\n- devices to immobilize the otter boards, \n\n- devices to control the swinging motion of the codend \n\n\f- sz-\n\n13. Accommoda t i on \n\n13. 1 \n\nThe crew's accommodation should be designed in such a way as to \n\nminimize noise, vibration, the effects of speed and unpleasant \n\nodours from other parts of the vessel; appropriate lighting \n\nmust be provided. 13. 2 \n\nRefrigerators or other low temperature food storage equipment \n\nmust be provided. 13. 3 \n\nA toilet and washbasin, and, where possible, a shower, must be \n\nproperly installed and ventilated \n\n14. Accommodation ladders and gangways \n\nAn accommodation ladder, gangway or other similar equipment \n\nproviding an appropriate, safe means of boarding the vessel \n\nmust be ava i lable. S3. ANNEX I Ii \n\nMINIMUM SAFETY AND HEALTH REQUIREMENTS \n\nCONCERNING THE EMERGENCY ESCAPE AND SURVIVAL EQUIPMENT \n\nREFERRED TO IN ARTICLES 4, 5, 6 AND 7 \n\n1. Fishing vessels travelling further than 20 nautical miles from \n\nthe nearest coast must carry a hydrostatically activated \n\nemergency position-indicating radio beacon operating on the \n\ninternational distress frequency (406. 025 MHz) and coded in \n\naccordance with the vessel's call sign. The radio beacon must \n\nbe easily transferable to any group lifesaving equipment used. 2. Every vessel must carry sufficient life rafts or lifeboats to \n\naccommodate everyone on board, and they must be located in \n\nplaces from which they can be launched safely simply by \n\ndropping, without any vertical or horizontal obstacles between \n\nthem and the water; it must also be possible to board them \n\neasily, quickly and safely. 3. The life rafts and lifeboats must be designed in such a way \n\nthat they can be boarded easily and quickly, located visually \n\nin daylight and at night and located by radar. They should be \n\nequipped with: \n\na boat hook (on craft other than dinghies) and ropes, \n\noars and rowlocks, including spares \n\n\fa three-day supply of food and drinking water \n\nadequate survival equipment and instructions on survival \n\na watertight medicine chest which fulfils the minimum \n\ncategory D requirements given in Annex II of the Council \n\nDirective on the minimum health and safety requirements for \n\nimproved medical treatment on board vessels. A lifeboat drill must be carried out at least once every three \n\nmonths. 4. Life buoys, inflatable arm bands and immersion suits must be \n\navailable in sufficient number and easily and quickly \n\naccessible. Hand rails or handles must be positioned near \n\nimmersion suits to help those putting them on. ~ SS -\n\nANNEX IV \n\nMINIMUM SAFETY AND HEALTH REQUIREMENTS \n\nCONCERNING THE PERSONAL PROTECTIVE EQUIPMENT \n\nREFERRED TO IN ARTICLE 7 \n\n1. A tabard incorporating floats and a harness must be used if the \n\ncollective protection equipment such as bulwarks, guard rails, \n\nsafety loops and hand rails does not provide an acceptable \n\nlevel of safety for work carried out on the open deck. 2. Personal protective equipment in the form of clothing or worn \n\nover clothing must be in bright colours, contrasting with the \n\nmarine environment and clearly visible in the dark. 3. If personal equipment is used to protect the head or eyes, it \n\nmust be securely attached to the head. - S6 -\nSECTION 1; FINANCIAL IMPLICATIONS \n\n1. TITLE OF THE ACTION: Proposal for a Council Directive concerning \n\nthe minimum health and safety requirements for work on board \n\nfishing vessels. 2. BUDGET ITEMS CONCERNED \n\nB3-4310: \n\nMeasures in the field of safety, hygiene and health \n\nprotection at work, including specific measures for the \n\ncompletion of the internal market. A 2510: \n\nCommittees whose consultation is compulsory (Technical \n\nAdjustments Committee referred to in Article 17 of \n\nDirect ive 89/391/EEC). A 2531: \n\nAdvisory Committee on Safety, Hygiene and Health \n\nProtection at Work. 3. LEGAL BASIS \n\nArticle 118a of the EEC Treaty. 4. DESCRIPTION OF THE ACTION \n\n4. 1. Specific objectives of the action \n\n\f4. 1. 1. Objectives of the proposal for a Directive \n\nThe aims of the proposal are: \n\nto promote better health and safety conditions on board fishing \n\nvessels; \n\nto deal with the risks which may arise from the free movement \n\nof workers; \n\nto encourage the provision on board of suitable emergency \n\nescape and survival equipment and the use of appropriate \n\npersonal protective equipment for the specific requirements of \n\nwork at sea. 4. 1. 2. Characteristics of the proposal for a Directive \n\n(particularly those with financial implications) \n\n4. 1. 2. 1. The proposal, and in particular its annexes, is \n\nto be adapted and expanded to give further \n\ndetails of certain aspects relating to the use \n\nof safety and/or health signs. 4. 1. 2. 2. The proposal requires the Member States to \n\nforward to the Commission details of the \n\nnational legislation to be introduced in \n\nimplementation of the proposal and reports. on \n\nthe progress of such legislation. 4. 1. 2. 3. The proposal also provides for a Committee to \n\nassist the Commission with additional work. - sg-\n\nIt is the additional activities already scheduled or to be planned \n\nsubsequently which have financial implications. 4. 2. Dur\u00e2t ion \n\nUnspeci fled. 4. 3. Target population \n\nThe sea fishing industry. 5. CLASSIFICATION OF EXPENDITURE \n\n5. 1. Non-compulsory expenditure. 6. NATURE OF EXPENDITURE \n\n6. 1. 100% f inance. 7. FINANCIAL IMPACT \n\n7. 1. Method of calculation. 7. 1. 1. Additional activities to be carried out after the Directive \n\nis adopted \n\na) \n\nmonitoring the application of the Directive in the Member \n\nStates \n\nb) \n\nrevision of the annexes \n\n\fc) \n\nd) \n\ne) \n\n- o-\n\nconsultation of experts \n\noperation of the Technical Adjustments Committee \n\nconsultation of the Advisory Committee on Safety, Hygiene \n\nand Health Protection at Work. 7. 1. 2. Types of activities with financial implications generated \n\nby point 5. 1 \n\nThese include: \n\n* \n\nstudy and/or services contracts to \n\ncompare and evaluate the data received by the Commission; \n\nstudy the problems posed by the application of the \n\nD i rect ive; \n\nstudy the problems associated with the annexes and prepare \n\namendments to them. * \n\nexpenses for meetings with experts \n\n* \n\noperating costs for the Technical Adjustments Committee \n\n* \n\ncosts of consulting the Advisory Committee on Safety, Hygiene \n\nand Health Protection at Work. 7. 1. 3. Calculation of expenditure \n\nSince the number and scale of the additional activities involved \n\nare not known, it is impossible to calculate the exact expenditure \n\nrequi red. Costs are calculated on the basis of a \"man/month\" unit, which \n\ncurrently stands at ECU 4 000. The cost of consulting a government expert has been calculated at \n\nECU 420, or ECU 545 for a non-government expert (per day). The \n\ncosts will be spread over a number of years and will be \n\nprogressive. The figures given in paragraph 7. 3 are overall \n\nest imates. For budget item A 2510 (Technical Adjustments Committee), the \n\nfigure covers two meetings of group 3 experts (government experts) \n\nin 1994, then three meetings per year from 1995. For item A 2531 (Advisory Committee), the figure covers two \n\nmeetings per year of an ad hoc group of 12 members, including four \n\ngovernment experts. The meetings will commence in 1995. 7. 2. 7. 3. Schedule of commitment appropriations (CA) and payment \n\nappropriations (PA) \n\nItem B3-4310 \n\nThe appropriations allocated for this action will be determined \n\nannually on the basis of availability and the appropriations set \n\naside under the budget procedure for actions covered by this item \n\nThe total amount considered necessary for 1993 is ECU 250 000. From 1994 the appropriations allocated will develop in proportion \n\nto those allocated for all the actions covered by item B3-4310. Item A 2510 \n\n1993 \n\n1994 \n\n1995 \n\n1996 \n\n1997 \n\nCA (ECU) \n\nPA (ECU) \n\n20 000 \n\n20 000 \n\n30 000 \n\n30 000 \n\n30 000 \n\n30 000 \n\n30 000 \n\n30 000 \n\n110 000 \n\n110 000 \n\n\fItem A 2531 \n\n- Cl-\n\nCA (ECU) \n\nPA (ECU) \n\n12 000 \n\n12 000 \n\n12 000. 12 000 \n\n12 000 \n\n12 000 \n\n36 000 \n\n36 000 \n\n1993 \n\n1994 \n\n1995 \n\n1996 \n\n1997 \n\n8. FRAUD PREVENTION \n\nNot appi icab le \n\n\fSECTION 2: ADMINISTRATIVE EXPENDITURE \n\n1. STAFF REQUIRED TO WORK EXCLUSIVELY ON THE ACTION \n\nFrom 1993, one full-time grade A official, one full-time grade B \n\nofficial and one full-time grade C official. These staff will either be obtained through internal redeployment, \n\nor will be provided for in the Commission's resource planning. 2. STAFF COSTS REQUIRED \n\nExpenditure for the staff requested in paragraph 1 is estimated at \n\nECU 240 000 per year from 1993 onwards. This will be covered by \n\nappropriations under Part A of Section ill of the General Budget. \u2022 6tf -\nSECTION 3: COST-EFFECT ANALYSIS \n\n1. AIMS AND COMPATIBILITY WITH FINANCIAL PLANNING \n\n1. 1. Specific objective of the proposed action \n\nImplementation of the proposal for a Directive. 1. 2. Is the action covered in the D Cs financial planning for \n\nthe years in question? \n\nYes. 1. 3. Corresponding general objective in the DG's financial \n\nplanning \n\nHealth and safety at work. 2. JUSTIFICATION OF THE ACTION \n\na) Cost \n\nThe cost is much the same as that of similar actions relating \n\nto other proposals for Directives. Only the expenditure under \n\nitem B3-4310 (ECU 250 000 in 1993) is slightly higher because \n\nof the technical nature of the field in question. b) Secondary effects \n\n_GS -\n\nThe proposal for a Directive is intended to reverse the \n\ntraditional approach to safety where vessel safety comes before \n\nthe safety of the crew, unless the vessel is in danger, in \n\nwhich case the safety of the emergency equipment is considered; \n\nnow, instead, the safety of the men at work is to be put before \n\nthe safety of the vessel, since the vessel is actually the \n\ncapital of the owner (on which he usually receives a return of \n\n50-65% of the catch sale). Measures to improve vessel safety \n\ncould therefore be put in a different category from those \n\ndesigned to improve crew safety. c) Multiplicator effects \n\nThere may be multiplicator effects in the Member States along \n\nthe same lines as the secondary effects described above. 3. MONITORING AND EVALUATION OF THE ACTION \n\n3. 1. Not appiicab le. 3. 2. Not appiicab le. 3. 3. Not appiicable. , Ce -\n\nIMPACT ASSESSMENT FORM \n\nTHE IMPACT OF THE PROPOSAL ON SMEs \n\n**************** \n\nTi\u00bble of proposal: \n\nProposal for a Council Directive concerning the minimum health and \n\nsafety requirements for work on board fishing vessels. Reference No: 349. 1 \n\nThe proposal \n\n1) Justification of the proposal with regard to the principle of \n\nsubsidiarity - Main objectives \n\na) Existing national legislation on health and safety on board \n\nfishing vessels has all been transposed from a small number of \n\nconventions or other instruments drawn up by international \n\norganizations. An analysis of the national legislations of the \n\ndifferent Member States shows that there are fairly major \n\ndiscrepancies. In addition, most of the legislation makes \n\nlittle or no provision for occupational safety on board, \n\nconcentrating instead on vessel safety, safe navigation and \n\nemergency escape equipment. Accident statistics for the \n\nCommunity show that half of all fatal accidents in the fishing \n\nindustry are occupational accidents. b) Now that workers have freedom of movement, they must be \n\nguaranteed equal protection on vessels from different \n\ncountries. Yet much of the legislation in a number of Member \n\nStates does not cover small vessels. c) Accident statistics show that, of all the major industries, sea \n\nfishing is the most dangerous, with on average ten times more \n\nfatal accidents than other high-risk sectors such as mining, \n\nconstruction and agriculture. The statistics also show that \n\nthere is a higher incidence of accidents on small vessels. Impact on business \n\n2) Firms affected \n\na) All firms operating fishing vessels overl2m long (in practice \n\nall vessels operated by more than one person) will be affected. b) Sizes of business: \n\nsee Annex 1. Almost all fishing firms can be classified as SMEs. c) Geographical distribution: \n\nThe whole of the Community's coastline, but more especially the \n\nAtlantic coast of the Iberian peninsula, Brittany and the \n\nEnglish Channel, North Sea and Adriatic coasts. 3) Requirements for firms \n\nNew vessels must comply with all, and older vessels with some, of \n\nthe minimum requirements; older vessels undergoing subsequent \n\nalterations must comply with the minimum requirements applicable to \n\nnew vessels. These requirements relaie to factors such as solidity \n\nand stability, electrical installations, ventilation, emergency \n\nescape routes, workstation design, etc. The Directive also requires detailed reports to be forwarded to the \n\nmaritime authorities on any occurrences at sea which affect the \n\nhealth and safety of the fishermen; owners must fulfil certain \n\nrequirements relating to technical maintenance and cleaning; \n\nfishermen must be consulted about and given information and \n\nsuitable training on health and safety on board vessels, and any \n\nperson likely to command a vessel must be given detailed training \n\non health and safety conditions. 4) What economic effects is the proposal likely to have? \n\nOn employment \n\nThe Directive will not come into force until 1 January 1995, and it is \n\ndifficult to anticipate the impact it may have on employment at that \n\ntime. Since 1983 the European Community has pursued a policy of \n\nvoluntarily reducing fishing capacity in line with the resources \n\navailable (catch quotas for different countries and fishing zones), and \n\nthis will be reflected over the next few years in the disappearance of \n\na considerable proportion of the fishing fleet. Multiannua I guidance programmes (MGPs) \n\nFirst MGP 1987-1991 \n\nOb ject ive: Overall reduction of 3% in gross register tonnage (GRT) and \n\n2% in engine capacity (KW) \n\n\ftf9-\n\nSecond MGP 1992-1996 \n\nThe objectives will not be defined in detail until the end of 1991, but \n\nthey will probably include a minimum reduction of 10% in engine \n\ncapacity by the end of 1996, especially as not all the reductions \n\nscheduled under the first programme have been implemented in practice. Whatever the case may be, the Directive will have considerably less \n\neffect on employment than the policy of reducing capacity, particularly \n\nsince the first vessels to go will be the oldest and therefore those \n\nwhich are furthest from complying with the safety requirements laid \n\ndown in the Directive. The Directive itself would affect employment only if it proved \n\nnecessary to take other vessels out of service because they could not \n\nbe adapted. This is considered highly unlikely. On investment and competitiveness \n\nFigures supplied by representatives of the Member States indicate that \n\nthe extra cost involved could be 3-5% of the value of a new vessel, but \n\nup to 15% of the market value of older vessels. Soundproofing will \n\naccount for most of the extra cost for new vessels. However, the extra expenditure required will be largely offset by lower \n\noperating costs resulting from improved safety on board. The few \n\nfishing firms which have tried to improve safety on board over the last \n\nfew years have found that their position has improved against their \n\nimmediate competitors. -\u2022sfo \u2014 \n\nA further consideration is that the direct and indirect cost of \n\nmaritime accidents is very high. In the United Kingdom the cost of \n\nlocating and rescuing fishing vessels at sea alone is the equivalent of \n\n2% of the catch value. To make it easier to adapt fishing vessels which have already been \n\ncommissioned, there is a transition period of three years from the date \n\non which the provisions of the Directive enter into force for new \n\nvessels. 5) The proposal does not contain any specific provisions on SMEs since \n\nthese make up most of the sector. Consult\u00e2t ion \n\n6) List of organizations consulted \n\na) Joint Committee on Social Problems in Sea Fishing. Generally favourable reaction, with certain reservations on the \n\npart of the owners. The Committee's observations were taken \n\ninto account in drafting the proposal. b) Advisory Committee on Safety, Hygiene and Health Protection at \n\nWork (tripartite: government representatives, employers and \n\nworkers): generally favourable opinion. The Committee's \n\nobservations were taken into account in drafting the proposal. In both cases reservations were expressed about the fact that the \n\nproposal does not cover self-employed workers, which legal grounds \n\nrelating to Article 118a and the framework Directive had ruled out. Some owners would have preferred the Directive to cover vessels over \n\n13. 5 m or 15 m only. DISTRIBUTION OF FLEETS BY VESSEL SIZE \n\n1986 \n\nCOUNTRY \n\nFRG \n\nFRANCE \n\nITALY \n\nNETHERLANDS \n\nBELGIUM \n\nDENMARK \n\nSPAIN \n\nSIZE in metres \n\n9 - 11. 9 m \n\n107 \n\n2676 \n\n3251 \n\n12 - 17. 9 m \n\n328 \n\n1242 \n\n2996 \n\n18 - 23. 9 m \n\n24 - 29. 9 m \n\n30 - 35. 9 m \n\n36 - 41. 9 m \n\n42 m and + \n\n84 \n\n83 \n\n25 \n\n2 \n\n17 \n\n520 \n\n125 \n\n72 \n\n17 \n\n90 \n\n1448 \n\n560 \n\n140 \n\n14 \n\n64 \n\n30 \n\n126 \n\n165 \n\n173 \n\n187 \n\n146 \n\n37 \n\n2 \n\n29 \n\n63 \n\n59 \n\n46 \n\n8 \n\n0 \n\n652 \n\n16 \n\n1006 \n\n1487 \n\n389 \n\n1117 \n\n110 \n\n140 \n\n68 \n\n23 \n\n566 \n\n279 \n\n96 \n\n170 \n\nTotal concerned \n\n646 \n\n4742 \n\n8473 \n\n869 \n\n207 \n\n2388 \n\n3731 \n\nI \n\n21056 \n0. 33 \n\n0 - 8. 9 m \n\n281 \n\n9227 \n\n17661 \n\nLength unknown \n\n2 \n\n10 \n\n1083 \n\n55 \n\n135 \n\n0 \n\n0 \n\n482 \n\n0 \n\n384 \n\n11552 \n\nOverall total \n\n929 \n\n13979 \n\n27217 \n\n1059 \n\n207 \n\n3254 \n\n15283 \n\n63967 \n\nSource: EUROSTAT. FISH series, May 1991 \n\n1 \n\n\fPERCENTAGE DISTRIBUTION OF FLEETS BY VESSEL SIZE \n\n1986 \n\nCOUNTRY \n\nFRG \n\nFRANCE \n\nITALY \n\nNETHERLANDS \n\nBELGIUM \n\nDENMARK \n\nSPAIN \n\nSIZE in metres \n\n9 - 11. 9 m \n\n11. 52% \n\n19. 14% \n\n11. 94% \n\n2. 83% \n\n0. 97% \n\n20. 04% \n\n0. 10% \n\n12 - 17. 9 m \n\n35. 31% \n\n8. 88% \n\n11. 01% \n\n11. 90% \n\n14. 01% \n\n30. 92% \n\n9. 73% \n\n18 - 23. 9 m \n\n9. 04% \n\n3. 72% \n\n5. 32% \n\n15. 58% \n\n30. 43% \n\n11. 95% \n\n7. 31% \n\n24 - 29. 9 m \n\n30 - 35. 9 m \n\n36 - 41. 9 m \n\n42 m and + \n\n8. 93% \n\n0. 89% \n\n2. 06% \n\n16. 81% \n\n2. 69% \n\n0. 52% \n\n0. 51% \n\n17. 66% \n\n0. 22% \n\n0. 12% \n\n0. 05% \n\n13. 79% \n\n1. 83% \n\n0. 64% \n\n0. 24% \n\n3. 49% \n\n28. 50% \n\n22. 22% \n\n3. 86% \n\n0. 00% \n\n3. 38% \n\n3. 70% \n\n4. 30% \n\n1. 83% \n\n2. 09% \n\n0. 63% \n\n0. 71% \n\n1. 11% \n\n\\ \n\nTotal % concerned \n\n69. 54% \n\n33. 92% \n\n31. 13% \n\n82. 06% \n\n100. 00% \n\n73. 39% \n\n24. 41% \n\n0 - 8. 9 m \n\n30. 25% \n\n66. 01% \n\n64. 89% \n\n5. 19% \n\nLength unknown \n\n0. 22% \n\n0. 07% \n\n3. 98% \n\n12. 75% \n\n0. 00% \n\n0. 00% \n\n14. 81% \n\n0. 00% \n\n11. 80% \n\n75. 59% \n\nOverall total \n\n100. 00% \n\n100. 00% \n\n100. 00% \n\n100. 00% \n\n100. 00% \n\n100. 00% \n\n100. 00% \n\nSource: EUROSTAT, FISH series, May 1991 \n\n\fCOUNTRY \n\nDENMARK \nIRELAND \nFRG \nUNITED KINGDOM \nFRANCE \nPORTUGAL \nSPAIN \nNETHERLANDS \nBELGIUM \nGREECE \nITALY \n\nEC \n\nTonnes \n\n1868000 \n213000 \n169000 \n664000 \n834000 \n331000 \n1000000 \n450000 \n30000 \n147000 \n365000 \n\n6071000 \n\n1470000 \n13000 \n37000 \n\n63000 \n9000 \n\n1000 \n\n452 \n96 \n119 \n578 \n1211 \n312 \n1500 \n350 \n70 \n429 \n1254 \n\n6371 \n\nFIGURES FOR THE EC FISHING INDUSTRY \n\nCATCH LANDED \n\nof which \nfactory \nships \n\nof which \nfactory \nmi 11 ion ships \n\nECU \n\nFLEET \nof which \n\nUnits \n\nGRT \n\nNumber \n\nSEAMEN \n\nRatios per seaman \n\nof which \nfull-t ime \n\nCatch \nva Iue \n(ECU 1000) \n\n6605 \n1600 \n719 \n8293 \n19227 \n8816 \n14418 \n1076 \n205 \n15600 \n25977 \n\n123600 \n41000 \n60000 \n168439 \n205016 \n188064 \n421401 \n171626 \n25445 \n181109 \n283624 \n\n7317 \n7000 \n3091 \n22217 \n19000 \n40996 \n93500 \n4000 \n1271 \n40164 \n54450 \n\n3100 \n1898 \n16976 \n\n1271 \n28114 \n\n61774 \n13714 \n38499 \n26016 \n63737 \n7610 \n16043 \n87500 \n55075 \n10681 \n23030 \n\n102608 \n\n1869324 \n\n293006 \n\n21744 \n\n6. 38 \n\nGRT \n\n16. 89 \n5. 86 \n19. 41 \n7. 58 \n10. 79 \n4. 59 \n4. 51 \n42. 91 \n20. 02 \n4. 51 \n5. 21 \n\nI \n\nSource: EC - DATA ROOM DG XIV. June 1991 \n\n1989 except where stated (cf. below for corresponding columns) \n\nDENMARK \nIRELAND \nFRG \nUNITED KINGDOM \nFRANCE \nPORTUGAL \nSPAIN \nNETHERLANDS \nGREECE \nITALY \n\n1988 \n\n1988 \n\n1988 \n\n1986 \n\n1986 \n\n1988 \n\n1988 \n\n1986 \n1986 \n\n1988 \n1986 \n1986 \n1986 \n\n1986 \n\n1986 \n\n1986 \n1988 \n1986 \n1988 \n\n1986 \n1988 \n1986 \n1988 \n\n1986 \n\n1988 \n1986 \n1987 \n\n1987 \n\n1986 \n\n1988 \n\n\f\fISSN 0254-1475 \n\nCOM (91)466 final \n\nDOCUMENTS \n\nEN \n\n04 03 \n\nCatalogue number : CB-CO-91-512-EN-C \n\nISBN 92-77-77546-7 \n\nOffice for Official Publications of the European Communities \nLr2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/99256aba-8cf1-4703-a37d-fa3f3c13a3f3", "title": "Council Directive 91/633/EEC of 3 December 1991 implementing Directive 89/299/EEC on the own funds of credit institutions", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-03", "subjects": "financial institution,financial policy,local legislation,mortgage bank", "workIds": "celex:31991L0633,oj:JOL_1991_339_R_0033_01", "eurovoc_concepts": ["financial institution", "financial policy", "local legislation", "mortgage bank"], "url": "http://publications.europa.eu/resource/cellar/99256aba-8cf1-4703-a37d-fa3f3c13a3f3", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/78e891d4-a577-452e-a817-4c3831a7fb65", "title": "91/637/EEC: Commission Decision of 3 December 1991 establishing the model for the message to be transmitted by means of the computerized network Animo'", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "extra-EU trade,information network,intra-EU trade,live animal,veterinary inspection,veterinary medicine", "workIds": "celex:31991D0637,oj:JOL_1991_343_R_0046_035", "eurovoc_concepts": ["extra-EU trade", "information network", "intra-EU trade", "live animal", "veterinary inspection", "veterinary medicine"], "url": "http://publications.europa.eu/resource/cellar/78e891d4-a577-452e-a817-4c3831a7fb65", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/5e637b7c-b685-4224-9674-c238cabbdcb0", "title": "Proposal for a COUNCIL REGULATION ( EEC ) laying down for 1992 certain measures for the conservation and management of fishery resources applicable to vessels registered in the Faroe Islands", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-03", "subjects": "Faroes,fishery management,fishing permit,sea fishing", "workIds": "celex:51991PC0487(02),comnat:COM_1991_0487(02)_FIN", "eurovoc_concepts": ["Faroes", "fishery management", "fishing permit", "sea fishing"], "url": "http://publications.europa.eu/resource/cellar/5e637b7c-b685-4224-9674-c238cabbdcb0", "lang": "eng", "formats": ["pdf"], "text": "COMMISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 487 final \n\nBrussels, 3 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nallocating, for 1992, certain catch quotas between the Member States \n\nfor vessels fishing in Faroese waters \n\nHK\u00effen \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nlaying down for 1992 certain measures for the conservation and \n\nmanagement of fishery resources applicable to vessels \n\nregistered in the Faroe Islands \n\n(presented by the Commission) \n\n\f9 \n\nEXPLANATORY MEMORANDUM \n\nThe consultations between the Community and the Faroe Islands, held In \n\nTorshavn on 14/15 October 1991, resulted in an agreement on reciprocal \n\nfisheries arrangements for 1992. These arrangements imply, inter alia, \n\ncertain catch quota for Community vessels in Faroese waters. The purpose of this proposal for a regulation Is to allocate among \n\nMember States the quotas available in 1992 to Community vessels fishing \n\nin the Faroese zone under the abovementioned arrangements. The proposed allocation among the Member States of the quotas available \n\nto the Community is based on the principles which were applied to the \n\nallocation of the 1983 quotas. 3 \n\nOfficial Journal of the European Communities \n\nN oL \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No \n\nof \n\nDecember \n\nallocating, for 1992, certain catch quotas between the Member States for vessels fishing in \nFaroese waters \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\n\u2022 \n\n, \u2022 \n\n'. \u00bb\u2022 v:. \u2022' \u2022\u2022 \n\n; \n\nNo 170/83, the conditions subject to which these catch \nquotas may be used by Community fishermen; \n\nHaving regard to the Treaty establishing the European \nEconomic Community, \n\nHaving regard to Council Regulation (EEC) No 170/83 of \n25 January 1983 establishing a Community, system for the \nconservation and management of fishery resources 0 ), as \nlast amended by the Act of Accession of Spain and \nPortugal (2), and in particular Article 11 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, in accordance with the procedure provided for \nin the Agreement on fisheries between the European \nthe \nEconomic Community, of \nGovernment of Denmark and the Home Government of the \nFaroe Islands, of the other part, the two parties have held \nconsultations on their mutual fishing rights for J 99Z \n\nthe one part, and \n\nWhereas, as a result of these consultations, the two Parties \nhave agreed on an arrangement for I99J2. whereby certain \ncatch quotas are allocated to Community vessels in the \nFaroese fishing zone;. Whereas, to ensure efficient management of the catch \npossibilities available, they should be allocated among the \nMember States as quotas in accordance with Article 4 of \nRegulation (EEC) No 170/83; \n\nWhereas the fishing activities covered by this Regulation \nare subject to the relevant control measures provided for by \nCouncil Regulation (EEC) No 2241/87 of 23 July 1987 \nfor \nestablishing \nfishing \nactivities (3), as amended by Regulation \n(EEC) No \n3483/88 (4), \n\ncontrol measures \n\ncertain \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\n1. From 1 January to 31 December 1992 catches taken by \nvessels flying the flag of a Member State in the waters \nfalling within the fisheries jurisdiction of the Faroe Islands, \nunder the arrangement on reciprocal fishing rights for 1992 \nbetween the Community and the Faroe Islands, shall not \nexceed the quotas set out in the Annex hereto. Whereas it is for the Community to lay down, \naccordance with Article 3 of Regulation \n\nin \n(EEC) \n\nThis Regulation shall enter into force on 1 January 1992 \n\nArticle 2 \n\nThis Regulation shall be binding in its entirety and directly applicable in all Member \nStates. Done at Brussels, \n\nDecember 1991 \n\nFor the Council \n\nThe President \n\n(\u00bb) OJ No L 24, 27. 1. 1983, p. 1. (2) OJ No L 302, 15. 11. 1985, p. 1. (3) OJ No L 207, 29. 7. 1987, p. 1. (4) OJ No L 306, 11. 11. 1988, p. 2. N oL \n\nOfficial Journal of the European Communities \n\ny \n\nANNEX \n\nAllocation of Community catch quotas in Faroese waters for 1992. , as referred to in Article 1 \n\nSpecies \n\nCommunity \ncatch quotas \n\nQuotas allocated to Member States \n\n(in tonnes) \n\nCod and haddock \n\nSaithe \n\n500 \n\n2 500 \n\nRedfish \n\n7 000 \n\nBlue ling and ling \n\n3 600(1) \n\nFrance \nGermany \nUnited Kingdom \n\nBelgium \nFrance \nGermany \nNetherlands \nUnited Kingdom \n\nBelgium \nFrance \nGermany \nUnited Kingdom \n\nFrance \nGermany \nUnited Kingdom \n\nBlue wh'iting \n\nFlatfish \n\n\u2022 Mackerel \n\nOther species \u2022 \n\n25 000 \n\niooo(2) \n\n4 550 \n\n760 \n\nDenmark \nFrance \nGermany \nNetherlands \nUnited Kingdom \n\n\u00ce \n\nFrance \nGermany \nUnited Kingdom \n\nDenmark \n\nFrance \nGermany \nUnited Kingdom \n\n(\u2022) Including unavoidable by-catches of roundnose grenadier and black scabbard. (2) Including Greenland halibut. 60 \n10 \n430 \n\n50 \n1510 \n310 \n50 \n580 \n\n50 \n435 \n6 440 \n75 \n\n2 340 \n1055 \n205 \n\n11 fiOO \n\n3. 0 00 \n\n11000 \n\n140 \n180 \n680 \n\n4 550 \n\n275 \n305 \n180 \n\n\fs \n\nEXPLANATORY MEMORANDUM \n\nThe consultations between the Community and the Faroe Islands, held in \n\nTorshavn on 14 and 15 October 1991, resulted in an agreement on \n\nreciprocal fisheries arrangements for 1992. These arrangements imply, \n\nInter alia, certain catch quota for Faroese vessels in Community \n\nwaters. The purpose of this proposal for a regulation Is therefore to authorize \n\nFaroese vessels to fish, as from 1 January 1992, the quotas allocated \n\nto them in Community waters for 1992 In accordance with the above-\n\nmentioned arrangements. f. J> \n\nOfficial Journal of the European Communities \n\nNo L \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) No. of \n\nDecember \n\nlaying down for 1992 certain measures for the conservation and management of fishery \nresources applicable to vessels registered'in the Faroe Islands \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European \nEconomic Community, \n\nHaving regard to Council Regulation (EEC) No 170/83 of \n25 January 1983 establishing a Community system for the \nconservation and management of fishery resources (*), as \namended by the Act of Accession of Spain and Portugal (2), \nand in particular Article 11 thereof, \n\nHaving regard to the proposal from the Commission, \n\nWhereas, in accordance with the procedure provided for in \nArticle 2 of the Agreement on fisheries between the \nEuropean Economic Community, of the one part, and the \nGovernment of Denmark and the Home Government of the \nFaroe Islands, of the other part (3), the Community and the \nHome Government of the Faroe Islands have held \nconsultations concerning their mutual fishing rights for \n1992 \n\nin the course of \n\nWhereas, \nthe \ndelegations agreed to recommend to their respective \nauthorities that certain catch quotas for 1992 should be \nfixed for the vessels of the other party; \n\nthese consultations, \n\nWhereas the fishing activities covered by this Regulation \nare subject to the relevant control measures provided for by \nCouncil Regulation (EEC) No 2241/87 of 23 July 1987 \nfishing \nestablishing \nfor \nactivities (4); as amended by Regulation \n(EEC) No \n3483/88 (s); \n\ncontrol measures \n\ncertain \n\nWhereas Article 3 (2) of Commission Regulation (EEC) \nNo 1381/87 of 20 May 1987 establishing detailed rules \nconcerning the marking and documentation of fishing \nvessels (6) provides \nthat all vessels with chilled or \nrefrigerated sea-water tanks are to keep on board a \ndocument certified by a competent authority and specifying \nthe calibration of the tanks in cubic metres at 10-centimetre \nintervals, \n\nHAS ADOPTED THIS REGULATION: \n\nArticle 1 \n\n1. Vessels registered in the Faroe Islands are hereby \nauthorized, until 31 December 1992 to fish for the species \nlisted in Annex I, within the geographical and quantitative \nlimits laid down therein and in accordance with this \nRegulation, in the 200-nautical-mile fishing zone of the \nMember States in the North Sea, Skagerrak, Kattegat, \nBaltic Sea and Atlantic Ocean north of 43\u00b000'N. 2. Fishing authorized under paragraph 1 shall be limited, \nexcept in the Skagerrak, to those parts of the 200-\nnautical-mile fishing zone lying seawards of 12 nautical \nmiles from the baselines from which the fishing zones of \nMember States are measured. Whereas measures should be taken to implement the results \nof these consultations between the Community and the \nFaroe Islands and thus prevent any interruption of mutual \nfisheries relations as at 31 December 1991 ; \n\n3. Notwithstanding paragraph 1, unavoidable by-catches \nof species for which no quota has been fixed in a given zone \nshall be permitted within the limits laid down by the \nconservation measures in force in the zone concerned. Whereas, under the terms of Article 3 of Regulation (EEC) \nNo 170/83, it is for the Council to fix the total catches \nallocated to third countries and to lay down the specific \nconditions under which such catches may be taken; \n\n4. By-catches in a given zone of a species for which a \nquota is established in that zone shall be counted against \nthe quota concerned. (J) OJNoL24, 27. 1. 1983, p. 1. (2) OJNoL302, IS. 11. 1985, p. 1. (*) OJ No L 226, 29. 8. 1980, p. 11. (*) OJ No L 207, 29. 7. 1987, p. 1. (S) OJ No L 306, 11. 11. 1988, p. 2. (\u00ab) OJNoL 132,21. 5. 1987, p. 9. N oL \n\nOfficial Journal of the European Communities \n\n> \n\nArticle 2 \n\n(d) 16 for the fishing, by trawl, of blue ling in ICES \n\ndivisions VI a (north of 56\u00b030' N) and VI b; \n\n1. Vessels fishing within the quotas fixed in Article 1 shall \ncomply with the conservation and control measures and all \nother provisions governing fishing in the zones referred to \nin that Article. 2. The vessels referred to in paragraph 1 shall keep a log \nbook in which the information set out in Annex II shall be \nentered. 3. The vessels referred to in paragraph 1 shall transmit to \nthe Commission, in accordance with the rules laid down in \nAnnex III, the information set out in that Annex. 4. Those vessels referred to in paragraph 1 which have \nchilled or refrigerated sea-water tanks shall keep on board \na document certified by a competent authority and \nspecifying the calibration of the tanks in cubic metres at \n10-centimetre intervals. (e) 20 for the fishing of blue whiting in ICES sub-area VII \n(west of 12\u00b000' W) and ICES divisions VI a (north of \n56\u00b03()' N) and VI b; \n\n(f) 3 for the fishing, by long-line, of porbeagle in the whole \nthe exception of NAFO \n\nCommunity zone with \n3 PS; \n\n(g) 12 for the fishing of cod in ICES division III d; however \nfish \n\nallowed \n\nthe \ntotal number of vessels \nsimultaneously shall not exceed 9. to \n\n3. , Each licence shall be valid for one vessel only. Where \ntwo or more vessels are taking part in the same fishing \noperation, each vessel must be in possession of a licence. 4. Licences may be cancelled with a view to the issue of \nnew licences. Such cancellations shall take effect on the day \nbefore \nissue of the new licences by the \nCommission. New licences shall take effect from their date \nof issue. the date of \n\n5. The registration letters and numbers of the vessels \nreferred to in paragraph 1 must be clearly marked on the \nbow of each vessel on both sides. 5. Licences shall be wholly or partially withdrawn before \nthe date of expiry \nin \nArticle 1, have been exhausted. if the respective quotas, fixed \n\nArticle 3 \n\n1. Fishing in the waters referred to in Article 1 and within \nthe quotas fixed in that Article shall be permitted only \nwhere a licence issued by the Commission on behalf of the \nCommunity is kept on board and where the conditions set \nout in the licence are observed. 2. Licences shall be issued for the purposes of paragraph 1 \nprovided that the number of licences valid on any one day \ndoes not exceed: \n\n(a) 14 for the fishing of mackerel in ICES divisions VI a \n(north of 56\u00b030' N), VII e, f and h, sprat in ICES \nsub-area IV and division VI a (north of 56\u00b030' N), \nhorse-mackerel in ICES sub-area IV and divisions VI a \n(north of 56\u00b030' N), VII e, f and h and herring in ICES \ndivision VI a (north of 56\u00b030' N); 4 for the fishing of \nherring in ICES division III a N (Skagerrak); \n\n(b) 15 for the fishing of Norway pout in ICES sub-area IV \nand division VI a (north of 56\u00b030' N) and sand-eel in \nICES sub-area IV; \n\n(c) 20 for the fishing, by long line, of ling, tusk and blue \nling in ICES divisions VI a (north of 56\u00b030' N) and \nVI b; however, the total number of vessels allowed to \nfish simultaneously shall not exceed 10; \n\n6. Licences shall be withdrawn in the event of any failure \nto meet the obligations laid down in this Regulation. 7. For a period not exceeding 12 months, no licence shall \nbe issued for any vessel in respect of which the obligations \nlaid down in this Regulation have not been met. 8. Vessels authorized \nto fish on 31 December may \ncontinue their fishing activities as from the beginning of the \nfollowing year, on the basis of this authorization, until the \nnew lists of vessels for the year in question have been \napproved. Article 4 \n\nWhen an application for a licence is submitted to the \nCommission, the following information must be supplied: \n\n(a) name of the vessel; \n\n(b) registration number; \n\n(c) external identification letters and numbers; \n\n(d) port of registration; \n\n(e) name and address of the owner or charterer; \n\n(f) gross tonnage and overall length; \n\n\fOfficial Journal of the European Communities \n\n->r^ \n\n-, \n\n\u2022 \u2022 g-\n\nNo L \n\n(g) engine power; \n\n(h) call sign and radio frequency; \n\n(i) intended method of fishing; \n\n(j) intended area of fishing; \n\n(k) species for which it is intended to fish; \n\n(1) period for which a licence is requested. ,. Article 5 \n\n2. the use of trawls and purse seines for the capture of \npelagic species shall be prohibited from Saturday \nmidnight to Sunday midnight. Article 6 \n\nWhere an infringement is duly established, Member States \nshall without delay inform the Commission of the name of \nthe vessel concerned and of any action they have taken. Fishing in the Skagerrak within the limits of the quotas \nreferred to in Article 1 shall be subject to the following \nconditions:. -; \u2022 \n\n1. direct fishing for herring for purposes other than \n\nArticle 7 \n\nhuman consumption shall be prohibited; \n\nThis Regulation shall enter into force on 1 January 1992. This'Regulation shall be binding in its entirety and directly applicable in all Member \nStates. '^ \n\nDone at Brussels, \n\nDecember \n\nFor the Council \n\nThe President \n\n\f*jg\u00bbi^ii*''^^ffi \n\n3 \n\nOfficial Journal of the European Communities \n\nANNEX/ \n\nFaroese catch quotas for 1992 \n\n1. Quotas for Faroese vessels fishing in the Community zone \n\nSpecks \n\nFishing lone: ICES sub-area/division \n\nLing, tusk and blue ling \n\nVI a Oh VI b \n\nBlue ling \n\nMackerel \n\nHerring \n\nHorse-mackerel \n\nNorway pout \n\nSprat \n\nSand-eel \n\nBlue whiting \n\nOther white fish. (by-catches only) \n\nHerring \n\nPorbeagle \n\nVIa(\u00bb),VIb \n\nVIa(\u00ab),VHe,f,h \n\nVta('), \n\nIV, VI a Oh Vile, f, h \n\nIV, Via 0) \n\nIV, Via 0) \n\nIV \n\nVI a 0), VI b, VII (\u00ab) \n\nIV, VI a 0) \n\nHI a N (Skagerrak) (\u2022) \n\nEntire Community zone except NAFO 3 PS \n\nQuantity \n(tonnes) \n\n800 0 ) 0) \n\n940 (\u00ab) \n\n5 460 0\u00b0) \n\n660 \n\n7 000 \n\n20 000 0) \n\n62 000 (7). 400 \n\n500 \n\n125 0) \n\n(\u00bb) North of 56*3014. 0) To be fished by long line. (J) Of which an incidental catch of other species of 20 % per ship, at any moment, is authorized in ICES divisions VI a and b. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI a and VI b may not exceed 75 tonnes. (4) To be fished by trawl. (J) The overall quota (including for Norway pout and sand-eel, unavoidable by-catches of blue whiting) includes a maximum of \n\n2 000 tonnes of sprat. A maximum of 6 000 tonnes of Norway pout may be fished in ICES division VI a north of 56\u00b030'N subject to the provision on \nrequest by the EEC of details of the quantity and composition of any by-catch taken. (\u00ab) West of 12*00**. (7) Catches of blue whiting may include unavoidable by-catches of argentine. (\u2022) Limited in the west by a line drawn from the lighthouse of Hansthulm to the lighthouse of Lindesnes and in the south by a line \n\ndrawn from Skagen lighthouse to the lighthouse of Tisttarna and from there to the nearest coast of Sweden. (9) Of which 1 000 tonnes may be fished from 1 October to 31 December 1991 in Community waters in division IV a. 2. Quotas for Faroese vessels fishing in Greenland waters according to Article 1 (3) of the EEC/Greenland Fisheries \n\nProtocol 0) (shown for information only) \n\nSpecies \n\nFishing zones: ICES division of NAFO sub-area \n\n,. Northern deepwater prawn \n(Pandalus borealis) \nGreenland halibut \n\nRedfish \nCapalin \n\nNAFO 0 /1 0) \nXIV/V \nNAFOO/1 \nXIV/V \nXIV /V \nXIV/V \n\n(\u00bb) OJ No L 252, 15. 9. 1990, p. 2. (*) South of 68\u00b0 N. I PS \n1tV>!> \n150 \n150 \n500 \n10 000 \n\n\fm \n\n{ \u2022 \n\nOfficial Journal of the European Communities \n\nN oL \n\nANNEX U \n\nWhen fishing within the 200-nautical-mile zone off the coasts of the Member States of the Community which is \ncovered by Community rules on fisheries, the following details are to be entered in the log-book immediatelly \nafter the following events: \n\n1. after each haul \n1. 1. '. the quantity (in kilograms live weight) of each species caught;. 1. 2. t he date and the time of the haul; \n' \n1. 3. ,^the geographical position in which the catches were made; \n1. 4. v^ the fishing method used; \n\n' \n\n'>;. \u2022 '. ,. '-> \n\n,;. ^t. \u2022 \u2022 \u2022 ' \u2022 \u2022 \u2022 \u2022 \u2022 \u2022. 2. after each transhipment to or from another vessel \n2. 1. \" ;'; the indication 'received from* or 'transferred to*; \n2. 2. ^^ me ijuandty (in kilograms live weight) of each species transhipped; \n2. 3. the name, external identificadon letters and numbers of the vessel to or from which the transhipment. \". \u2022* occurred; \n\n3. after each. landing in \u00e0 port of the Community \n3. 1. ^-name of the port; \n3. 2. ; \u2022 the. quantity (in kilograms live weight) of each species landed; \n4. after each transmission of information to the Commission of the European Communities \n4. 1. -elate and time of the transmission; \n4. 2. 4. 3. , type of message: IN, OUT, ICES, WKL or 2 WKL; \nin th\u00e9 case of radio transmission: name of the radio station. x. _. SV-'v. \u00bb. \u2022 \u2022 \u2022- \u2022 \u2022 \n\n\fNo L \n\nOfficial Journal of the European Communities \n\n1-1 \n\nANNEX III \n\n1. The information to be transmitted to the Commission of the European Communities and the timetable for its \ntransmission are as follows: \n\n1. 1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member States of the \n\nCommunity which is covered by Community rules on fisheries: \n\n(a) the information specified under 1. 5; \n\n(b) the quantity (in kilograms live-weight) of each species of fish in the hold; \n\n(c) the date and ICES division within which the master intends to commence fishing. , \n\n' \n\nWhere the fishing operations necessitate more than one entry into the zones referred to under 1. 1 on a given \n\"day, one communication shall suffice on first entry. 1. 2. On each occasion the vessel leaves the zone referred to under 1. 1: \n\n(a) the information specified under 1. 5; \n\n(b) the quantity (in kilograms live-weight) of each species of fish in the hold; \n\n(c) the quantity (in kilograms live-weight) of each species caught since the previous transmission; \n\n(d) the ICES division in which the catches were taken; \n\n(e) the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the \n\nvessel entered the zone and the identification of the vessel to which the transfer was made; ^ \n\n(f) the quantity (in kilograms live-weight) of each species landed in a port of the Community since the vessel \n\n1 \n\nentered the zone. Where the fishing operations necessitate more than one entry into the zones referred to under 1. 1 on a given \nday, one single communication on the last exit will be sufficient. Jl. 3. At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1. 1 \nwhen fishing for herring and mackerel, and at weekly intervals, commencing on the seventh day after the vessel \nfirst enters the zone referred to. under 1. 1 when fishing for all species other than herring and mackerel: \n\n' \n\n(a) the information specified under 1. 5; \n\n(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission; \n\n(c) the ICES division in which the catches were made. 1. 4. On each occasion the vessel moves from one ICES division to another: \n\n(a) the information specified under 1. 5; \n\n(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission; \n\n(c) the ICES division in which the catches have been taken. 1. 5. (a) The name, call sign, external identification letters and numbers of the vessel and the name of its master; \n\n(b) the serial number of the message for the voyage concerned; \n\n(c) identification of the type of message; \n\nU) the date, the time and the geographical position of the vessel. 2. 1. The information specified under point 1 shall be transmitted to the Commission of the European Communities \nin Brussels (telex 24 189 FISEU-B) via one of the radio stations listed under point 3 below and in the form \nspecified under point 4. 2. 2. If it is impossible for reasons ol force majeure for the message to be transmitted by the vessel, it may be \ntransmitted on the vessel's behalf by another vessel. l| \n\n3. Name of radio station \nSkagcn \nBl\u00e2vand \nRenne \n\nCall sign of radio station \nOXP \nOXB \nOYE \n\n\f41. t_. Officiai Journal of the European Communities \n\nNo L \n\nNorddeich \n\nScheveningen \nOostende \nNorth Foreland \nHumber \n' Cullercoats \nWick \nPortpatrick' \nAnglesey \nnfracombe \nNiton. - Stonehaven \nPortishead \n\n\" \n\n\u2022\u2022; \\ *; : ;. Land's End \nValentia \nMalin Head \nBoulogne \nBrest \nSaint-Nazaire \nBordeaux-Arcachon \nThorshavn \n,Bergen '\u2022 ;_ \nFarsund \nFlore \nRogaland \nTjome \nAlesund \n\n' \n\n? i '/ \n:<'. /-; \n\n'-. - \n\n, \n\n/ \n\nDAF DAK \nDAHDAL \nDAI DAM \nDAJDAN \nPCH \nOST \nGNF \nGKZ \nGCC \nGKR \nGPK \nGLV \nGIL \nGNI \n\nGND \nGKA \nGKB \nGKC \nGLD \nEJK \nEJM \nFEB \nFFU \nFFO \n' FFC \nOXJ \n\nLGN \n\nLGZ \nLGL \nLGQ \nLGT \nLGA \n\nForm of the communications \n\nThe information specified under point 1 shall contain the following particulars, which shall be given in the \nfollowing order: \n\n\u2014 name of vessel, \n\n\u2014 call sign, \n\n\u2014 external identification letters and numbers, \n\n\u2014 serial number of the message for the voyage in question, \n\n\u2014 indication of the type of message according to the following code: \n\n\u2014 message when entering one of the zones referred to under 1. 1: 'IN*, \n\u2014 message when leaving one of the zones referred to under 1. 1: 'OUT, \n\u2014 message when' moving from one ICES division to another: 'ICES', \n\u2014 weekly message: 'WKL*, \n\u2014 three-day message: '2 WKL', \n\n\u2014 the date, the time and the geographical position, \n\n\u2014 the ICES divisions/sub-areas in which fishing is expected to commence, \n\n\u2014 the date on which fishing is expected to commence, \n\n\u2014 the quantity (in kilograms live-weight) of each species of fish in the hold using the code mentioned in \n\npoint 5, \n\n\u2014 the quantity (in kilograms live-weight) of each species of fish caught since the previous transmission using \n\nthe code mentioned in point 5, \n\n\u2014 the ICES divisions/sub-areas in which the catches were made, \n\n\u2014 the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the \n\nprevious transmission, \n\n\u2014 the name and call sign of the vessel to and/or from which the transfer was made, \n\n\u2014 the quantity (in kilograms live-weight) of each species landed in a port of the Community since the previous \n\ntransmission, \n\n\u2014 the name of the master. \u2022-\u2022\u2022\u2022\u2022--jj^Kjfiin\"-\n\n| \n\n| \n\nH \n\n1 \n\n:<! \n\nNo L \n\n, Official Journal of the European Communities \n\n5. The code to be used to indicate the species on board as mentioned in point 4 above: \nPRA \u2014 Northern deep-water prawn (Pandalus borealis), \n\n'1j \n\nHKE \u2014 Hake (Merluccius merluccius), \n\nGHL \u2014 Greenland halibut (Reinhardtius hippoglossoides), \n\nCOD \u2014 Cod (Gadus morhua). HAD \u2014 Haddock (Melanogrammus aeglefinus), \n\nHAL \u2014 Halibut (Hippoglossus hippoglossus), \n\nMAC \u2014 Mackerel (Scomber scombrus), \n\nHOM \u2014 Horse-mackerel (Trachurus trachurus), \n\nRNG \u2014 Round-nose grenadier (Coryphaenoides rupestris), \n\nPOK \u2014 Saithe (Pollachius virens), \n\nWHG \u2014 Whiting (Merlangus merlangus), \n\nHER \u2014 Herring (Clupea harengus), \n\nSAN \u2014 Sand-eel (Ammodytes spp. ), \n\nSPR \u2014 Sprat (Sprattus sprattus), \n\nPLE \u2014 Plaice (Pleuronectes platessa), \n\nNOP \u2014 Norway pout (Trisopterus esmarkii), \n\nLIN \u2014 Ling (Molva molva), \n\nPEZ \u2014 Shrimp (Panaeidae), \n\nANE \u2014 Anchovy (Engraulis encrasicholus), \n\nRED \u2014 Redfish (Sebastes spp. ), \n\nPLA \u2014 American plaice (Hypoglossoides platessoides), \n\nSQX \u2014 Squid (Ulex spp. ), \n\nYEL \u2014 Yellowtail flounder (Lhnanda ferruginea), \n\nWHB \u2014 Blue whiting (Micromesistius poutassou), \n\nTUN \u2014 Tuna (Thunnidae), \n\nBLI \u2014 Blue ling (Molva dypterygia), \n\nUSK \u2014 Tusk (Brosme brosme), \n\nDGS \u2014 Dogfish (Squalus acanthias), \n\nBSK \u2014 Basking shark (Cetorinhus maximus), \n\nPOR \u2014 Porbeagle (Lamma nasus), \n\nSQC \u2014 Common squid (Lotigo spp. ), \n\nP\u00d4A \u2014 Atlantic pomfret (Brama brama), \n\nPIL \u2014 Sardine (Sardina pilchardus), \n\nCSH \u2014 Common shrimp (Crangon crangon), \n\nLET. \u2014 Megrim (Lepidorhombus spp. ), \n\nMNZ \u2014 Angler /Monk (Lophius spp. ), \n\nNEP \u2014 Norway lobster (Nephrops norvegicus), \n\nPOL \u2014 Pollack (Pollachius polbchius}, \n\nARC \u2014 Argentine (Argentina sphyraena), \n\nOTH \u2014 Other. \u00a3AJ \"i \n\nCOMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT \n\nThe object of this arrangement Is to provide fishing possibilities for \nFaroese fishermen In EEC waters, In exchange for equivalent fishing \npossibilities for Community fishermen In Faroese waters. It will not involve undertakings in any particular obligations for the \nlatter. RAPPORT DE L'IMPACT SUR LA COMP\u00c9TITIVIT\u00c9 ET L'EMPLOI \n\nL'objet de cet arrangement est de mettre \u00e0 la disposition des p\u00eacheurs \nf\u00e9rlnglens des possibilit\u00e9s de p\u00eache dans les eaux communautaires, en \n\u00e9change de possibilit\u00e9s de p\u00eache \u00e9quivalentes pour les p\u00eacheurs de la \nCommunaut\u00e9 dans les eaux f\u00e9ringiennes. Cela n'implique pas d'obligation particuli\u00e8re pour ces derniers. BERICHT \nUBER \nBESCHATTIGUNG \n\nDIE \n\nAUSWIRKUNGEN \n\nAUF \n\nWETTBEWERBSFAH1GKEIT WQ. Gegenstand dieser MaBnahme 1st es, die Fischereim\u00f4glichkeiten fur die \nf\u00e2r\u00f4ischen Fischer In den Gew\u00e2ssern der Gemeinschaft zu schaffen, im \nAustausch fUr glelche Fischereim\u00f4glIchkelten fUr Gemeinschaftsfischer \nIn den Gew\u00e2ssern von den F\u00e0r\u00f4ern. Es brlngt keine besonderen VerpfIIchtungen fUr die Unternehmen mit \nslch. 1S \n\nISSN 0254-1475 \n\nCOM(91) 487 final \n\nDOCUMENTS \n\nEN \n\n03 \n\nCatalogue number : CB-CO-91-534-EN-C \n\nISBN 92-77-77916-0 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b93768c5-f498-41a6-b54d-dc96b3b70f85", "title": "Question No 68 by Mr FITZGERALD (H-1201/91) to the Commission: Establishing an international network of committees for rural areas", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_parliamentary_question_time,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,FITZGERALD", "date": "1991-12-03", "subjects": "EU aid,information network,rural development,rural region,vocational training", "workIds": "celex:91991H001201", "eurovoc_concepts": ["EU aid", "information network", "rural development", "rural region", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/b93768c5-f498-41a6-b54d-dc96b3b70f85", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f2cb2226-120c-40c9-9cc1-ecca874b29b6", "title": "Basic statistics of the Community : comparison with some European countries, Canada, the USA, Japan and the USSR : 28th edition, 1991.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Eurostat", "date": "1991-12-02", "subjects": "Canada,EU Member State,EU statistics,Japan,USSR,United States,agricultural statistics,economic statistics,employment statistics,energy market,financial statistics,industrial statistics,population statistics,production statistics,statistics,user guide", "workIds": "genpub:PUB_CA7091071", "eurovoc_concepts": ["Canada", "EU Member State", "EU statistics", "Japan", "USSR", "United States", "agricultural statistics", "economic statistics", "employment statistics", "energy market", "financial statistics", "industrial statistics", "population statistics", "production statistics", "statistics", "user guide"], "url": "http://publications.europa.eu/resource/cellar/f2cb2226-120c-40c9-9cc1-ecca874b29b6", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ec9c10a5-a3b4-4589-b37c-0a0d1f83b52f", "title": "Commission Regulation (EEC) No 3536/91 of 2 December 1991 setting the latest time of entry into storage for skimmed-milk powder sold under Regulation (EEC) No 3398/91", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-02", "subjects": "award of contract,manufactured feedingstuffs,sale,skimmed milk powder", "workIds": "celex:31991R3536,oj:JOL_1991_335_R_0008_021", "eurovoc_concepts": ["award of contract", "manufactured feedingstuffs", "sale", "skimmed milk powder"], "url": "http://publications.europa.eu/resource/cellar/ec9c10a5-a3b4-4589-b37c-0a0d1f83b52f", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/73ccb9ae-b2de-4591-ba7c-68852590c3cd", "title": "Adapting shiftwork arrangements.", "langIdentifier": "ENG", "mtypes": "pdfa1b,print_sftcv", "workTypes": "http://publications.europa.eu/ontology/cdm#publication_general,http://publications.europa.eu/ontology/cdm#work", "authors": "Eurofound", "date": "1991-12-02", "subjects": "organisation of work,shift work,work study,working conditions", "workIds": "PUB_SY5288114", "eurovoc_concepts": ["organisation of work", "shift work", "work study", "working conditions"], "url": "http://publications.europa.eu/resource/cellar/73ccb9ae-b2de-4591-ba7c-68852590c3cd", "lang": "eng", "formats": ["pdfa1b", "print_sftcv"]}
+null
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2254c9d6-4e14-4773-8643-b8c85be44f76", "title": "Agreement between the European Economic Community of the one part and the Government of Denmark and the Home Government of the Faroe Islands of the other part - Protocol 1 concerning the special provisions applicable to imports of certain fish and fishery products - Protocol 2 concerning products subject to special arrangements to take account of differences in the costs of agricultural products incorporated therein - Protocol 3 concerning the definition of the concept of 'originating products` and methods of administrative cooperation - Protocol 4 concerning agricultural products subject to special provisions applicable to imports - Declarations - Exchange of Letters", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Denmark,European Economic Community,Faroes", "date": "1991-12-02", "subjects": "Denmark,Faroes,agreement (EU),customs duties,trade agreement", "workIds": "celex:21991A1231(01),oj:JOL_1991_371_R_0002_01", "eurovoc_concepts": ["Denmark", "Faroes", "agreement (EU)", "customs duties", "trade agreement"], "url": "http://publications.europa.eu/resource/cellar/2254c9d6-4e14-4773-8643-b8c85be44f76", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/4ec8a59d-ce36-4433-8cec-7fe9595fffb1", "title": "Council Regulation (EEC) No 3514/91 of 2 December 1991 amending Regulation (EEC) No 450/89 in so far as it adjusts the definitive anti-dumping duty on imports of urea originating in Saudi Arabia laid down by Regulation (EEC) No 3339/87", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-02", "subjects": "Saudi Arabia,anti-dumping duty,fertiliser,import", "workIds": "celex:31991R3514,oj:JOL_1991_334_R_0001_023", "eurovoc_concepts": ["Saudi Arabia", "anti-dumping duty", "fertiliser", "import"], "url": "http://publications.europa.eu/resource/cellar/4ec8a59d-ce36-4433-8cec-7fe9595fffb1", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/37207844-e9d3-40d1-bc3e-38ae9affae40", "title": "Council Regulation ( EEC ) No 3567/91 of 2 December 1991 concerning the arrangements applicable to the import of products originating in the Republics of Bosnia\u00adHerzegovenia, Croatia, Macedonia and Slovenia", "langIdentifier": "ENG", "mtypes": "pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1991-12-02", "subjects": "Yugoslavia,civil war,customs duties,import,originating product", "workIds": "celex:31991R3567,oj:JOL_1991_342_R_0001_003", "eurovoc_concepts": ["Yugoslavia", "civil war", "customs duties", "import", "originating product"], "url": "http://publications.europa.eu/resource/cellar/37207844-e9d3-40d1-bc3e-38ae9affae40", "lang": "eng", "formats": ["pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c2c813d5-dca8-4cab-b71b-c8f37235d09e", "title": "Proposal for a COUNCIL REGULATION ( EEC ) opening and providing for the administration of Community tariff quotas and ceilings and establishing Community surveillance for certain fish and fishery products originating in the Faeroe Islands ( 1992 )", "langIdentifier": "ENG", "mtypes": "pdf", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_regulation_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-02", "subjects": "Faroes,fishery resources,tariff ceiling,tariff quota", "workIds": "celex:51991PC0478,comnat:COM_1991_0478_FIN", "eurovoc_concepts": ["Faroes", "fishery resources", "tariff ceiling", "tariff quota"], "url": "http://publications.europa.eu/resource/cellar/c2c813d5-dca8-4cab-b71b-c8f37235d09e", "lang": "eng", "formats": ["pdf"], "text": "Il\" \n\nCOMVIISSION OF THE EUROPEAN COMMUNITIES \n\nC0M(91) 478 final \n\nBrussels, 2 December 1991 \n\nProposal for a \n\nCOUNCIL REGULATION (EEC) \n\nopening and providing for the administration \nof Community tariff quotas and ceilings \nand establishing Community surveillance for certain fish \nand fishery products originating in the Faeroe Islands \n(1992) \n\n(presented by the Commission) \n\n\fEXPLANATORY MEMORANDUM \n\n1. Council Decision No \n\n/91, concerning the conclusion of the \n\nAgreement between the Euopean Economic Community, the Government of Denmark \nand the Home Government of the Faeroe Islands provides for the abolition on \n1 January 1992 of customs duties on imports into the Community as \nconstituted on 31 December 1985 of certain fish and fishery products listed \nin Annexes I, II and III. 2. As part of these tariff measures, Spain and Portugal will apply customs \n\nduties calculated in accordance with Article 173(1) and (2) and \nArticle 360(1)(b) and (2) respectively of the Act of Accession. 3. For the products originating in the Faeroes, abolition of customs duties \n\nwill take place as indicated in the appropriate annexes to this proposal, \nviz: \n\n- Annex I: the abolition applies within the limits of the Community tariff \n\nquotas therein; \n\n- Annex II: the abolition applies within the Community tariff ceilings \n\ntherein; \n\n- Annex III: the abolition applies subject to Community statistical \n\nsurveiI lance. 4. The preferential rates of duty specified in Annexes I, II and Mi only \napply If the free-at-frontier price determined by the Member States in \naccordance with Article 21 of Regulation (EEC) No 3796/81 as last amended \nby Regulation (EEC) No 3468/88 is at least equal to the reference price set \nor to be set by the Community for the products or categories of products \nconcerned. 5. As for the administration of the tariff quotas, it is proposed to allocate \nthe entirety of each quota to the creation of Community reserve from which \nall Member States will draw in accordance with the procedure laid down in \nArticle 3 of the proposed Regulation. 6. As to the administration of the tariff ceilings, it is proposed to \n\ndetermined up a system of surveillance for imports of products listed in \nAnnex II and to empower the Commission to restore the customs duties in \ncertain circumstances. This involves the adoption of common specific rules \nto be applied by all Member States consistently in a context of close \ncooperation between the competent departments of the Member States and the \nCommission. 7. The statistical surveiI lance envisaged for certain products does not \n\nrequire the adoption of common rules other than those currently applied \nuniformly by all the Member States in the field of Community's external \ntrade statistics. This is the purpose of the attached proposal. Proposal for a \n\nCOUNCIL REGULATION (EEC) \n\n/91 \n\nopening and providing for the administration of Community \ntariff quotas and ceilings and establishing Community \nsurveillance for certain fish and fishery products \noriginating in the Faeroe Islands \n(1992) \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic Community, and \nin particular Article 113 thereof, \n\nHaving regard to Council Decision \nAgreement between the European Economic Community, the Government of Denmark \nand the Home Government of Faeroe Islands1, \n\n/91 concerning the conclusion of the \n\nHaving regard to the proposal from the Commission, \n\nWhereas Articles 3 and 8 of the Decision referred to above provide that customs \nduties applicable to imports into the Community of Ten of certain fish and \nfishery products listed in Protocol 1 attached to the said Decision will be \nabolished on 1 January 1992; whereas the abolition is subject to Community \ntariff quotas and ceilings and, for some of these products, Community \nstatistical surveillance; whereas the said Community tariff quotas and ceilings \nin respect of products originating in the Faeroe Islands should therefore be \nopened from 1 January 1992 for the volumes indicated respectively in Annexes I \nand II and Community statistical surveillance should be established in respect \nof the products listed in Annex III; \n\nWhereas in the context of these tariff measures Spain and Portugal will apply \ncustoms duties calculated in accordance with Article 173(1) and (2) and \nArticle 360(1)(b) and (2) respectively of the Act of Accession; \n\nWhereas the preferential rates of duty indicated in Annexes I, II and III apply \nonly where the free-at-frontier price determined by the Member States in \naccordance with Article 21 of Regulation (EEC) No 3796/812, as last amended by \nRegulation (EEC) No 3468/883 is at least equal to the reference price set or \nto be set by the Community for the products or categories of products \nconcerned; \n\n1 \n2 \n3 \n\n1991, p. OJ No L. , \nOJ No L 379; 31. 12. 1981, p. OJ No. L 305; 10. 11. 1988, p \n\n\fWhereas equal and continuous access to the quotas in respect of the products \nlisted in Annex I should be ensured for all Community importers and the rates \nof duty laid down for the quotas should be applied consistently to all imports \nof the products in question in all Member States until the quotas are \nexhausted; whereas the necessary steps should be taken to ensure that the \ntariff quotas are administered efficiently at Community level, enabling the \nMember States to draw from the quotas the quantities required, corresponding to \nthe actual imports recorded; whereas this method of administering the quotas \ncalls for close cooperation between the Member States and the Commission; \n\nWhereas the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand \nDuchy of Luxembourg are Joined in and represented by the Benelux economic \nunion; whereas any operation concerning the administration of the quotas may \ntherefore be carried out by one of its members-, \n\nWhereas in respect of products listed in Annex II and subject to Community \ntariff ceilings, Community surveillance may be effected by charging imports of \nthese products against the ceilings at Community level as and when the products \nare presented at customs and declared for free circulation; whereas this method \nof administering the ceilings should enable customs duties to be restored as \nsoon as the ceilings in question are reached at Community level; \n\nWhereas this method of administering the ceilings calls for close and speedy \ncooperation between the Member States and the Commission, which must be able to \nmonitor the level reached by imports charged against the ceilings and inform \nthe Member States accordingly; whereas this cooperation should be close enough \nto allow the Commission to take the appropriate steps to restore customs duties \nas soon as ona of the ceilings is reached; \n\nWhereas for the products listed in Annex I l ia system of statistical \nsurveillance administered by the Commission pursuant to the relevant provisions \nof Council Regulations (EEC) No 2658/871 and (EEC) No 1736/752 should be \nestablished, \n\nHAS ADOPTED THIS REGULATION \n\nArt icle 1 \n\nFrom 1 January to 31 December 1992 the customs duty applicable to imports \ninto the Community as constituted on 31 December 1985 of products listed in \nAnnex I and originating in the Faeroe Islands shall be suspended at the \nlevel indicated and within the limits of Community tariff quotas as \nspecified in the said Annex. 1 \n2 \n\nOJ No L 256; 7. 9. 1987, p. 1. 0J NO L 183; 14. 7. 1975, p. 3 \n\n\f2. Within the limits of the tariff quotas, Spain and Portugal shall apply \ncustoms duty calculated in accordance with Articles 173(1) and (2) and \n360(1)(b) and (2) respectively of the Act of accession. Art icle 2 \n\nThe tariff quotas referred to in Article 1 shall be administered by the \nCommission, which may take any appropriate administrative measure to ensure \nefficient operation. Art icle 3 \n\nWhere an importer enters a product covered by this Regulation for free \ncirculation in a Member State accompanied by a request for prefential treatment \nand his declaration is accepted by the customs authorities, the Member State \nconcerned shall, by notifying the Commission accordingly, draw a quantity from \nthe quota concerned to satisfy the requirement. Applications for drawings from the quotas shall indicate the date on which the \ndeclarations were accepted and shall be sent to the Commission forthwith. Drawings shall be granted by the Commission on the basis of the date when the \ndeclarations for free circulation were accepted by the customs authorities of \nthe Member State concerned, provided the available balance is sufficient. Where a Member State fails to use the quantities drawn it shall return them as \nsoon as possible to the relevant quota. Where the quantities applied for are in excess of the available balance, \nallocations shall be made in proportion to the requirements. The Member States \nshall be informed by the Commission of the quantities drawn. Art icle 4 \n\n1. From 1 January to 31 December 1992 imports into the Community as \n\nconstituted on 31 December 1985 of products listed in Annexes II and III \nand originating in the Faeroe Islands shall be subject respectively to \nimport ceilings and Community surveillance. The description of the products referred to in the first subparagraph, the \nceilings and the customs duty applicable are specified in the said Annexes \n\n2. As part of these tariff measures, the Kingdom of Spain and the Portuguese \nRepublic shall apply duties calculated in accordance with Articles 173(1) \nand (2) and 360(1)(b) and (2) respectively of the Act of accession. Imports shall be charged against the ceilings as and when the products are \npresented to customs under cover of declarations for free circulation \naccompanied by a movement certificate complying with the rules laid down in \nthe protocol concerning the definition of the concept of originating \nproducts and methods of administrative cooperation, attached to Council \nDecision No. /91. Goods may only be charged against the ceiling where the movement \ncertificate is presented before the date when collection of customs duty is \nresumed. Utilization of ceilings shall be recorded at Community level on the basis \nof imports charged against them as specified in the preceding \nsubparagraphs. The Member States shall inform the Commission of any import operation \ncarried out in accordance with the procedure determined out above at the \nintervals and within the deadlines laid down in paragraph 5. As soon as the ceilings are reached, the Commission may, by adopting a \nRegulation, resume the collection of the customs duties applicable to third \ncountries until the end of the calendar year. The Member States shall send the Commission no later than the 15th of each \nmonth the statements showing the quantities charged during the preceding \nmonth. The statistical surveillance provided for in respect of products specified \nin Annex III to this Regulation shall be carried out at Community level on \nthe basis of imports charged as specified in Article 4(3) first \nsubparagraph and notified to the Statistical Office of the European \nCommunities pursuant to Regulations (EEC) No 2658/87 and (EEC) No 1736/75. Art icle 5 \n\nRates of duty specified in Annexes I, II and III shall only apply where the \nfree-at-frontier price determined by the Member States in accordance with the \nprovisions of Regulations (EEC) No 3796/81 and 3468/88 is at least equal to the \nreference price set or to be set by the Community in respect of the products or \ncategories of products concerned. The Commission shall adopt all appropriate measures, in close cooperation with \nthe Member States, to implement this Regulation. Art icle 6 \n\nThis Regulation shall enter into force on 1 January 1992. Art icle 7 \n\nThis Regulation shall be binding in its entirety and directly applicable in a \nMember States. Done at Brussels \n\nFor the Council \n\nThe President \n\n\fANNEX \non certain fish and fishery products subject to t a r i ff quotas \n\nI \n\nOrder No \n\nCN Code \n\nD e s c r i p t i on \n\n(1) \n\n(2) \n\n(3) \n\n09. 0671 \n\n0301 \n\nLive \n\nf i s h: \n\n- Other live fish: \n\nex0301 91 OOi \u2014 Trout (Salmo trutta, Salmo gairdneri, Salmo clarki, \n\ni \n! \n\nSalmo aguabonita, Salmo gilae) \n\n- Trout (Salmo gairdneri) \n\n0 30 2 \n\nJ Fish, fresh or c h i l l e d, e x c l u d i ng fish filets and other \n1 fish meat of heading No 0304: \n\n- Salmonidae, excluding livers and roes: \n\nRate of \nduty \n\n(4) \n\nT a r i ff quota \namount ( in T ) ( 1) \n\n(5) \n\n700 \n\nex0302 11 0Q \n\n\u2014 Trout (Salmo trutta, Salmo gairdneri, Salmo clarke, \n\nSalmo aguabonita, Salmo gilae): \n\n- Trout (Salmo gairdneri) \n\n0303 \n\n! Fish, frozen, excluding fish fillets and other fish meat \n\nof heading No 0304: \n\n- Other salmonidae, excluding livers and roes: \n\nex0303 21 ooj -- Trout (Salmo trutta, Salmo gairdneri, Salmo clarki, \n\nSalmo aguabonita, Salmo gilae): \n\n- Trout (Salmo gairdneri) \n\n0304 \n\nI Fish fillets and other fish meat (whether or not minced), \n\nfresh, chilled or frozen: \n\n0304 10 \n\n- Fresh or chilled: \n-- Fillets: \n\nOf freshwater fish: \n\n^O \n\n\f(1) \n\n09. 0671 \n(cont'd) \n\n(2) \n\nex0304 10 ill \n\n(3) \n\nU; \n\n(5) \n\nOf trout (Salmo trutta, Salmo gairdneri, Salmo \nclarki, Salmo aguabonita, Salmo gilae): \n\n- Of trout (Salmo Gairdneri) \n\n\u2014 \n\n0304 20 \n\n- Frozen fillets: \n-- Of freshwater fish: \n\nex0304 20 11 \n\nOf trout (Salmo trutta, Salmo gairdneri, Salmo clarki, \nSalmo aguabonita, Salmo gilae): \n\n- Of trout (Salmo gairdneri) \n\nJ0304 90 \n\n- Other: \n\ni \n\nbx0304 90 10 \n\n-- Of freshwater fish: \n\n- Of trout (Salmo gairdneri) \n\n09. 0673 \n\ni0 3 0 1 \n\nLive fish: \n\n4 900 (1) \n\n- Other live fish: \n\n0 301 9 9 \n\n- - Other: \n- - - Freshwater fish: \n\nex03 01 9 9 11 \n\n- - - - Pacific salmon (Oncorhynchus spp. ), Atlantic \n\nsalmon (Salmo salar) and Danube salmon (Hucho \nhucho): \n\n- Atlantic salmon (salmo salar) \n\nex0302 12 0 0 \n\n0303 \n\nFish, fresh or chilled, excluding fish fillets and other \nfish meat of heading No 0304: \n- Salmonidae, excluding livers and roes: \n- - Pacific salmon (Oncorhynchus spp. ), Atlantic salmon \n(Salmo salar) and Danube salmon (Hucho hucho): \n\n- Atlantic salmon (salmo salar) \n\nFish, frozen, excluding fish fillets and other fish meat \nof heading No 0304: \n- Other salmonidae, excluding livers and roes: \n\nbx0303 22 0Q \n\n- - Atlantic salmon (Salmo salar) and Danube salmon \n\n(Hucho hucho): \n\n- Atlantic salmon (salmo salar) \n\n\f1) \n\n0 9. 0 6 /3 \n( c o n r ' d) \n\n(2) \n\n\u00ce0304 \n\n| F i sh \n! f r e s h, \n\nc h i l l ed or \n\nf r o z e n: \n\nf i l l e ts and o t h er \n\nf i sh meat \n\n( w h e t h er or n ot m i n c e d ), \n\n(3) \n\n0 3 04 \n\n10 \n\ni - F r e sh or c h i l l e d: \n\n- - Fillets: \n- - - Of freshwater fish: \n\nex0304 10 13| \n| \n| \n: \n\nOf Pacific salmon (Oncorhynchus s p p. ), Atlantic \nsalmon (Salmo salar) and Danube salmon (Hucho \nhucho): \n\n- Of Atlantic salmon (salmo salar) \n\n0304 20 \n\n- Frozen fillets: \n- - Of freshwater fish: \n\n;ex0304 20 13 \n\n- - - Of Pacific salmon (Oncorhynchus s p p. )/ Atlantic \n\nsalmon (Salmo salar) and Danube salmon (Hucho \nhucho): \n\n- Of Atlantic salmon (salmo salar) \n\nj \n\n0304 90 \n\n! - Other \n\n\u2022J9. 067i \n\n\u2022i \n\nex0304 90 10i \n,, - Of freshwater fish: \nI. --Of_^tlaJXtic_^aljmj2Jl_i^^_In]5__s_alarJrrrr-_-rrrrrr \n! Prepared cr preserved fish; caviar and caviar substitutes \n| prepared from fish eqgs : \n\n'16 0 4 \n\ni - Fish, whole or in pieces, but not minced: \n\n!Xi6 04 11 0 0; - - Salmon: \n1 \n\n* r* ') s. G the' \n\nex 1G04 19 10 - - - Sain: \n\n- Atlantic salmon (salmo salar)--\n\nlac, other than salmon: \n- Trout, (salmo qairdneri ) \n\n1604 20 \n\n; - Other prepared or preserved fish: \n\n|exI604 20 10! - - Of salmon: \n\n- Of Atlantic salmon (salmo salar) \n\nO \n\nOf salmonidae, other than salmon \n\n- Of trout (salmo gairdneri) \n\n(5 \n\nu 900 \n(crwtt ' d; \n\n400 \n\n\f(1) \n\n(2) \n\n09. 0677 \n\nD3C \n\n(3) \n\nFish, dried, salted or in brine; smoked fish whether or \nnot cooked before or during the smoking process; fish meal \nfit for human consumption: \n- fish, salted but not dried or smoked and fish in brine: \n\n(4) \n\n(5) \n\n2 000 \n\np305 61 00 \n\n-- Herrings (clupea harengus, clupea pallasii) \n\n'1604 \n\n-Salted herrings (Clupea harengus, clupea paliasii) \nPrepared or preserved fish; caviar and caviar substitutes \nprepared from fish eggs: \n- Fish, whole or in pieces, but not minced: \n\n11604 12 \n\n- - Herrings: \n\n11604 12 10 \n\n16C4 12 90 \n\n11604 15 \n\n- - - Fillets, raw, merely coated with batter or bread \n\ncrumbs, whether or not prefried in oil, deep \nfrozen \n\nother \n\n-seasoned and/or in brine \n\n- - Mackerel: \n\nex!604 15 10\u00bb - - - Of the species Scomber scombrus and Scomber \n\njaponicus: \n\n- Of scomber scombrus \n\n1604 19 \n\n- - Other: \n- - - Other : \n\n1604 19 91 \n\nFillets, raw, merely coated with batter or \nbreadcrumbs, whether or not prefried in oil, \ndeep frozen \n\n1604 19 99 \n160 4 2 0 \n\n- - - - Other \n- Other prepared or preserved fish: \n\nex!604 20 50) - - Of sardines, bonito, mackerel of the species Scomber \n\nscombrus and Scomber japonicus, fish of the species \nOrcynopxis umicolor: \n\n- Of mackerel of the species scomber \n\nscombrus \n\n1604 20 90 - - Of other fish \n\nW \n\n\f(1) \n\n(2) \n\n(3) \n\n(4; \n\n(5) \n\n09. 0679 \n\n16C5 \n\nCrustaceans, molluscs and other aquatic invertebrates, \nprepared or preserved: \n\n2 000 \n\n1 6 05 20 00 \n\n- Shrimps and prawns \n\nb x l 6 05 40 001 \n\n- Other crustaceans: \n\n- Nephrops norvegicus\u2014 \n\n(1) Figures refer to the commercial presentation whole and gutted. For imports falling under HScode \n0304 a coefficient of 2 shall be applied for quantities drawn from the respective tariff quota of \nreference ceiling. v \n\n^ \n\n\f(1) \n\n17. 0011 \n\nt2) \n\nI > *N ; - *. <v \n\n(3) \n\nFish, fresh or chilled, excluding fish fillets and other \nfish meat of heading No 0304 : \n\nM UX \n\n<1U \n\n- Herrings (CJupea harengus, Clupea pallasii. ), excluding \n\nlivers and roes : \n\n0 3 02 4 0 9 0 \n\nFrom 16 June to 14 February \n\nu> \n\n? 000 M) \n\nj 0303 \n\n| \nj ;303 50 \n\ni J \n\n! 0303 50 90 \n\nD304 \n\n0 3 04 90 25 \n\n1 7. 0 0 13 \n\n302 \n\nFish, frozen, excluding fish fillets and other fish meat \nof heading No 0304 : \n\n- Herrings (Clupea harengus, Clupea pallasii), excluding \n\nlivers and roes : \n\nf i l l e ts and o t h er \n\n-- From 16 J u ne \nF i sh \nc h iI l ed or \n- o t h er \n\u2014 o t h e r: \n\nf r o z e n: \n\nto 14 F e b r u a ry \nf i sh meat \n\n( w h e t h er or n ot m i n c e d ), \n\nf r e sh \n\nof h e r r i ng \nf r om 16 June \n\nto 14 F e b r u a ry \n\n( C l u p ea h a r e n g u s, Clupea p a l l a s i i) \n\nF i s h, \nf i sh meat of h e a d i ng No 0304 \n\nf r e sh or c h i l l e d, e x c l u d i ng \n\n: \n\nf i sh \n\nf i l l e ts and o t h er \n\n000 \n\n0 3 02 64 \n\n-- M a c k e r el \nScomber \n\n(Scomber s c o m b r u s, Scomber a u s t r a ] a s i c u s, \nj a p o n i c u s) \n\n: \n\nIex0302 64 90 j \n; \n\nFrom 16 J u ne \n\nto 14 F e b r u a ry \n\n: \n\n- Mackerel \n\n(Scomber \n\ns c o m b r us \n\n(1) Duty exemption for herring falling within subheadings 0302 40 90, 0303 50 90 0304 10 93 \n1 10 \u00b03 04 lc 98 and 030n 90 25 within the limits of a global annual tariff quota of 34 000 tonnes' \n\nto be granted by the competent Community authorities and subject to compliance with the reference \nprice. (1) \n\n(2) \n\n17. 0015 \n\n0304 \n\n(3) \n\nj F i sh f i l l e ts and o t h er \ni f r e s h, c h i l l ed of \ni \ni \n\nf r o z en \n\n: \n\nf i sh meat \n\n( w h e t h er or n ot m i n c e d ), \n\n0304 20 \n\n'\u2014 \n\nFrozen fillets : \n\n0304 20 31 j-- Of coalfish (Pollaechius virens) \n\n0 3 04 90 \n\n!- Other : \n\n17. 0017 \n\n17. 0019 \n\nI \n0304 90 41 ! \n0305 \n\nOf coalfish (Pollachius virens) \n\njFish, dried,~s\u00e2\u00eft\u00ebd or in brine; smoked fish, whether or \n'not cooked before or during the smoking process; fish \nmeal fit for human consumption : \n\n0305 30 \n\nj- Fish fillets, dried, salted or in brine, but not \n\nsmoked : \n\n0305 30 50 !\u2014 Of lesser of Greenland halibut (Reinhardtius \n\nhippoglossoides), salted or in brine \n\n0305 30 90 \n\n:\u2014 Other \n\n0305 \n\njFish, dried, salted or in brine; smoked fish, whether or \n; not cooked before or during the smoking process; fish \nmeal fit for human consumption : \nI \n|- Smoked fish, including fillets : \ni \nex0305 41 00 \n\n\u2014 Pacific salmon (Oncorhynchus spp. ), Atlantic salmon \n(Salmo salar) and Danube salmon (Hucho hucho) : \n\n- Atlantic salmon (Salmo salar) \n\n0305 49 \n\n\u2014 Other : \n\n0305 49 10 \n\nLesser or Greenland halibut (Reinhardtius \nhippoglosoides) \n\n^ \n\n0305 49 20 \n\n\u2014 Atlantic halibut ( Hippoglossus hippoglossus)-\n\n(5) \n\n25 000 \n\n5 000 \n\n1 000 \n\n\f(1) \n\n17. 0019 \n( c o n t ' d) \n\n(2) \n\n|ex0305 49 30J \n\n(3) \n\n( 4; \n\nM a c k e r el \nScomber \n\n(Scomber s c o m b r u s, Scomber a u s t r a l a s i e u s, \nj a p o n i c u s) \n\n: \n\n- Mackerel (Scomber scombrus) \n\n(5) \n\n1 000 \n( c o n t ' d) \n\ne x 0 3 05 49 40 \n\nTrout (Salmo trutta, Salmo gairdneri, Salmo clarki, \nSalmo aguabonita, Salmo gilae) : \n- Trout (Salmo gairdneri) \n\n0305 49 50 \n\nEels (Anguilla spp. )-\n\n0305 49 90 \n\nO t h er \n\n17. 0021 \n\n0 3 02 \n\njFish, fresh or chilled, excluding fish fillets and other \njfish meat of heading No 0304 : \ni \n\n12 600 (1) \n\n(Other fish, excluding livers and roes : \n\n0 3 02 69 \n\nj-- Other : \n\n0 30 2 6 9 3 1 \n\ne x 0 3 02 69 33 \n\n0 3 03 \n\n! \ni \ni \n\nRedfish (Sebastes spp. ) : \n\nOf the species Sebastes marinus \nOther : \n\nI \nFish, frozen, excluding fish fillets and other fish meat \niof heading No 0304 : \n\n- Of the species Sebastes mentella \n\n- Other fish, excluding livers and roes : \n\n0303 79 \n\n!-- Other : \n\nj \n\ni \n; \n\nSaltwater fish : \n\nRedfish (Sebastes spp. ) : \n\n0 3 03 79 35 \n\n| \n\nof the species Sebastes marinus \n\nex0303 79 37 \n\nOther : \n\n- Of the species Sebastes mentella. ! (1) Figures refer to the commercial presentation whole and gutted. For imports falling under \n\nUS code 0304 a coefficient of 3 shall be applied for quantities drawn from this reference \n\nceiling. (1) \n\n(2) \n\n(3) \n\n(4) \n\n(5) \n\n17. 0021 \n(cont'd) \n\n0304 \n\n0304 10 \n\nFish fillets and other fish meat (whether or not m i n c e d ), \nfresh, chilled or frozen : \n- Fresh or chilled \n\n12 600 \n(cont'd) \n\n-- Fillets \n\nOther: \n\nex0304 10 39 \n\nOther: \n\n0304 20 \n\n- Of red fish: \n- Frozen fillets \n\n- Of redfish (Sebastes spp. ) : \n\n0304 20 35 \n\n\u2014 Of the species Sebastes marinus \n\nex0304 20 37 \n\n\u2022\u2014 Other : \n\n- Of the species Sebastes mentella. 17. 0023 \n\n0304 \n\nFish fillets and other fish meat (whether or not minced), \nfresh, chilled or frozen : \n\n3 000 \n\n\u2022 4-. 0304 10 \n\n- Fresh or chilled : \n\n-- Fillets : \n\nOther : \n\nOther \n\n- Other, excluding red fish \n\nex0304 10 39 \n\n17. 0025 \n\n0304 \n\nFish fillets and other fish meat (whether or not minced), \nfresh, chilled or frozen : \n\n550 \n\n0304 20 \n\n- Frozen fillets : \n\n6>> \n\n0304 20 43 \n\n\u2014 Of ling (Molva spp. ) \n\n\u2014 \n\n\f(1) \n\n(2) \n\n17. 0027 \n\n0304 \n\n0304 20 \n\n(3) \n\njFish fillets and other fish meat (whether or not minced), \n! fresh, chilled or frozen : \n! \ni- Frozen fillets : \nl \n\nex0304 20 97I-- Other : \n\n0304 90 \n\nOther \n\n- Of blue whiting \n\n0304 90 59 | \nj \n\nOf blue whiting (Micromesistius poutassou or Gadus \npoutassou) \n\n17. 0029 \n\n0305 \n\n0305 69 \n\n! Fish, dried, salted or in brine; smoked fish, whether or \njnot cooked before or during the smoking process; fish \nlineal fit for human consumption : \nj \n!- Fish, salted but not dried or smoked and fish in \n! brine : \n! \n!-- Other : \n\n0 30 5 6 9 9 0 \n\nOther \n\n17. 0031 \n\n0306 \n\nCrustaceans, whether in shell or not, live, fresh, \nchilled, frozen, dried, salted or in brine; crustaceans, \nlin shell, cooked by steaming or by boiling in water, \nwhether or not chilled, frozen, dried, salted or in \n' brine : \n\n0306 13 \n\n,- Frozen : \n! \ni-- Shrimps and prawns : \n\n0306 13 10 j \n\nOf the family pandalidae \n\n1 \n-T1 \n\n(4; \n\n(5) \n\n1 300 \n\n1 400 \n\n11 000 \n\n\f(1) \n\n(2) \n\n17. 0033 \n\n0305 \n\n(3) \n\nFish, dried, salted or in brine; smoked fish whether or \nnot cooked before or during the smoking process; fish meal \nfit for human consumption: \n- fish, salted but not dried or smoked and fish in brine: \n\n(4) \n\n(5) \n\n500 \n\n0 3 05 61 00 \n\n-- Herrings (clupea harengus, clupea pallasii) \n\n1 6 04 \n\nPrepared or preserved fish, caviar or caviar substitutes \nI prepared from fish eggs: \n\n!- Fish, whole or in pieces, but not minced \n\n1604 12 \n\n1604 12 90 \n\n;-- Herrings \ni \n\nOther \n\n\fi M \n\ni -. ii \n\n(1) \n\n(2) \n\n0 3 02 \n\nANNEX I II \n\n(3) \n\nK u lL l;l \ndut y \n\n(4; \n\n! Fish, fresh or chilled, excluding \"fish fillets and other \n|fish meat of heading No 0304 : \n\n- Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, \nSoleidae, Scophthalmidae and Citharidae), excluding \nlivers and roes : \n\n0302 29 \n\n-- Other : \n\n17. 003 5 \n\n0302 29 90 \n\nOther \n\n-Other fish, excluding livers and roes : \n\nI0 30 2 6 9 \n\n-- Other : \n\n1 7. 0 0 3^ \n\n|0 3 02 69 98 \n! 0 3 03 \n\n0 3 03 79 \n\n17. 003 9 \n\n0 3 03 79 9, \n0 3 04 \n\nSaltwater fish : \n\nOther \n\njFish, frozen, excluding fish fillets and other fish meat \n|of heading No 0304 : \n\nj- Other fish, excluding livers and roes : \n! \n|-- Other : \nI \ni \nI \nI \n|Fish fillets and other fish meat (whether or not\" mYrTC\u00eboT, \n\nSaltwater fish : \n\nOther \n\n0 3 04 20 \n\nfresh, chilled or frozen : \n- Frozen fillets : \n\n17 0041 ex0304 20 97 i-- Other : \n\ni \n! \n\n! - O t h er \n\n: \n\n! \n\nj0 3 0 4 9 0 \ni \n! \n\n| \n\n-- Other \n\n1 7. 0 0 43 \n\nP 3 04 90 97 \n\nj \n\nOther \n\n- Other excluding blue whiting \n\n\fFINANCIAL STATEMENT \n\n1. Budget heading involved: Chap. 12, Art. 120 \n\nLegal basis: Art. 113 of the Treaty. 3. Description of tariff measures: Proposal for a Council Regulation opening \n\nand administering Community tariff quotas and ceilings and establishing \nCommunity surveillance on certain fish and fishery products originating in \nthe Faeroe Islands (1992) \n\n4. Object ive: Fulfilment of an obligation ensuing from a Council decision \n\n5. Method of calculation: \n\n(a) Tariff quotas \n\nDescr ipt ion \n\nof \n\nproducts \n\nCN code \n\nVo 1 ume \nof \nquota \necu/t \n\nRate of \nduty \n(%) \n\nCN \nrate of \nduty \n(%) \n\nEst im. pr ice \necu/t \n\nLoss \nof \nrevenue \n(ecu) \n\nTrout (salmo \ngairdner i) \n\nex0301 91 00 \nex0302 11 00 \nex0303 21 00 \nex0304 10 11 \nex0304 20 11 \nex0304 90 10 \n\nAtlant ic \nsalmon \n\nPrepared or \npreserved \nAtlant ic \nsalmon \n\nex0301 99 11 \nex0302 12 00 \nex0303 22 00 \n6X0304 10 13 \nex0304 20 13 \nex0304 90 10 \n\nex1604 11 00 \nex1604 19 10 \n6X1604 20 10 \n\n700 \n\n0 \n\n12 \n\n318 \n\n32 000 \n\n8 \n\n0 \n\n4 900 \n\n0 \n\n2 \n\n4 809 \n\n474 255 \n\n400 \n\n0 \n\n8 \n\n1 389 \n\n5. 5 \n7 \n5. 5 \n\n8 954 \n\n196 988 \n\nSt \n\n\fDescr ipt ion \n\nof \n\nproducts \n\nCN code \n\nVoIume \nof \nquota \necu/t \n\nRate of \nduty \n(%) \n\nCN \nrate of \nduty \n(X) \n\nEst im. pr ice \necu/t \n\nLoss \nof \nrevenue \n(ecu) \n\nHerrings and \nprepared or \npreserved \nherr ings \n\nex0305 61 00 \n1604 12 10 \nex1604 12 90 \nex1604 15 10 \n1604 19 91 \n1604 19 99 \nex 1604 20 50 \n1604 20 90 \n\n2 000 \n\n0 \n\nShrimps and \nnephrops \nnorvegicus \n\n1605 20 00 \nex 1605 40 00 \n\n2 000 \n\n0 \n\n12 \n15 \n20 \n25 \n15 \n20 \n25 \n20 \n\n20 \n20 \n\n903 \n2 701 \n1 540 \n2 664 \n4 210 \n4 253 \n2 543 \n3 707 \n\n5 762 \n5 240 \n\n1 091 626 \n\n2 294 464 \n\n(b) Tariff ceilings and statistical surveillance: \n\nThese tariff measures will not result in any additional loss of revenue \n\nLoss of revenue: \n\nLoss of revenue for 1992 stands at ECU 4 089 333 \nmeasures were not applicable. In 1991 these tariff \n\nM \n\n\f\fISSN 0254-1475 \n\nCOM(91) 478 final \n\nDOCUMENTS \n\nEN \n\n03 02 \n\nCatalogue number : CB-CO-91-528-EN-C \n\nISBN 92-77-77862-8 \n\nOffice for Official Publications of the European Communities \nLr2985 Luxembourg"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/735d18e3-9dad-4f51-9958-a51aefdc5de5", "title": "Question No 50 by Mr PIERROS (H-1175/91) to the Commission: Alternative access routes for Greece to the European market", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_parliamentary_question_time,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PIERROS", "date": "1991-12-02", "subjects": "Greece,Yugoslavia,carriage of goods,harbour installation,rail network,transit,transport infrastructure", "workIds": "celex:91991H001175", "eurovoc_concepts": ["Greece", "Yugoslavia", "carriage of goods", "harbour installation", "rail network", "transit", "transport infrastructure"], "url": "http://publications.europa.eu/resource/cellar/735d18e3-9dad-4f51-9958-a51aefdc5de5", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6342ebad-e731-435f-9083-f62fda1662ac", "title": "Amended proposal for a COUNCIL DIRECTIVE RELATING TO THE SUPERVISION OF CREDIT INSTITUTIONS ON A CONSOLIDATED BASIS", "langIdentifier": "ENG", "mtypes": "pdf,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#proposal_act,http://publications.europa.eu/ontology/cdm#proposal_directive_ec,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1991-12-02", "subjects": "banking,consolidated account,credit institution,financial institution,management audit", "workIds": "celex:51991PC0491,comnat:COM_1991_0491_FIN,oj:JOC_1991_332_R_0006_01", "eurovoc_concepts": ["banking", "consolidated account", "credit institution", "financial institution", "management audit"], "url": "http://publications.europa.eu/resource/cellar/6342ebad-e731-435f-9083-f62fda1662ac", "lang": "eng", "formats": ["pdf", "pdfa1b", "print"], "text": "H COMMISSION OF THE EUROPEAN COMMUNITIES \n\nCOM(91) 491 final - SYN 506 \n\nBrussels, 2 December 1991 \n\nAmended proposal for a \n\nCOUNCIL DIRECTIVE \n\nRELATING TO THE SUPERVISION OF CREDIT INSTITUTIONS \n\nON A CONSOLIDATED BASIS \n\n(presented by the Commission pursuant to Article 149(3 \nof the EEC-Treaty) \n\n\f- 1 -\n\nEXPLANATORY MEMORANDUM \n\n1. On 9 October 1990 the Commission transmitted to the Council a \n\nproposal for a Directive relating to the supervision of credit \n\ninstitutions on a consolidated basis. 1 The main aim of that proposal \n\nis to reinforce supervision of credit institutions belonging to a \n\ngroup, particularly by extending the scope of supervision on a \n\nconsolidated basis to banking groups whose parent undertaking is not a \n\ncredit institution. 2. The Economic and Social Committee delivered its opinion on \n\n27 February 1991. 2 Parliament has carried out a first reading and \n\ndelivered an opinion on 20 November 1991 on the basis of a report drawn \n\nup by the Committee on Legal Affairs and Citizens' Rights. In \n\naccordance with Article 149(3) of the Treaty and in the light of the \n\ntwo opinions delivered, the Commission is presenting an amended version \n\nof its propsoal for a Directive. 3. The Commission has incorporated into its proposal a number of \n\namendments proposed by Parliament and the Economic and Social \n\nCommittee. A number of other amendments designed to improve and \n\nclarify certain provisions are also proposed. The main amendments are commented on below. 1 COM(90) 451; OJ No C 315, 14. 12. 1990 \n2 OJ No C 102, 18. 4. 1991, p. 19. - 2 \u2022 -\n\nRecitals \n\nTwo new recitals, the fifth and the twelfth^ have been added in the \n\nlight of amendments proposed by Parliament. Art icle 3: \n\nSupervision of credit institutions on a consolidated \n\nbasis \n\nParagraph 3 \n\nGiven the progress made in discussions in the Council and Parliament on \n\nthe proposal for a Council Directive on capital adequacy of investment \n\nfirms and credit institutions,1 the Commission no longer considers it \n\nnecessary to retain the fourth indent which gave Member States the \n\noption of excluding from consolidation financial institutions that are \n\nprincipally subject to market risks. Pending the adoption of the \n\nabove-mentioned Directive, the consolidation of such institutions will \n\nbe carried out according to the methods determined by Member States \n\n(see comments below on the new paragraph 2 of Article 9 ). Paragraph 4 \n\nA new first subparagraph has been incorporated in the light of an \n\namendment proposed by Parliament. Paragraph 5 \n\nSupervision of capital adequacy in relation to market risks has been \n\nadded to the list of subjects to be covered by supervision on a \n\nconsolidated basis. A third subparagraph has been added in the light of an amendment \n\nproposed by Parliament. 1 COM(90) 141; OJ No C 152, 21. 6. 1990. - 3 -\n\nParagraph 7 \n\nProvision has been made, subject to observance of strict conditions, \n\nfor a further option for forgoing supervision on an individual basis, \n\nnamely where a credit institution is the subsidiary of a financial \n\nholding company with its head office in the same Member State. A new second subparagraph sets out, by analogy with the provisions of \n\nArticle 3(4) of Directive 89/647/EEC on the solvency ratio, the \n\nconditions governing the exemption arrangements. Paragraph 10 \n\nThis new paragraph authorizes the competent authorities to request \n\ninformation from the non-consolidated subsidiaries of a credit \n\ninstitution or financial holding company. Art icle 4: \n\nCompetent \n\nauthorities \n\ncharged \n\nwith \n\nexercising \n\nsupervision on a consolidated basis \n\nParagraph 5 \n\nThis paragraph has been inserted in order to ensure cooperation between \n\ncompetent authorities where, in the Member States, more than one \n\nauthority is responsible for the prudential supervision of credit and \n\nfinancial institutions. - 4 ~ \n\nArt icle 5: \n\nForm and extent of consolidation \n\nParagraph 3 \n\nParagraph 3 has been redrafted so as to cover only cases where there is \n\na participation or other capital link. In the light of an amendment proposed by Parliament, a few words have \n\nbeen added to specify the conditions under which the equity method may \n\nbe used. Paragraph 4 \n\nThis new paragraph sets out, on an optional basis, other cases that may \n\ngive rise to supervision on a consolidated basis. It covers cases \n\nwhere there is no participation or other capital link. Art icle 9: \n\nFinal provisions \n\nParagraph 2 \n\nThis new paragraph stipulates that, pending adoption of the \n\nabove-mentioned Directive on capital \n\nadequacy, \n\nthe competent \n\nauthorities will determine the methods for consolidating financial \n\ninstitutions which are exposed mainly to market risks, and this by way \n\nof derogation from the rules laid down in Article 3(5) (see above \n\ncomments on Article 3(3)). -5\"-\n\nAmended proposal for a \n\nCOUNCIL DIRECTIVE \n\nrelating to the supervision of credit \n\ninstitutions on a consolidated basis \n\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES, \n\nHaving regard to the Treaty establishing the European Economic \n\nCommunity, and in particular Article 57(2), first and third sentences \n\nthereof, \n\nHaving regard to the proposal from the Commission^1), \n\nIn co-operation with the European Par Iiament^2), \n\nHaving regard to the Opinion of the Economic and Social Committee<3), \n\nWhereas Council Directive 83/350/EEC of 13 June 1983 on the supervision \n\nof credit institutions on a consolidated basis( 4) established the \n\nnecessary framework for the introduction of supervision of credit \n\ninstitutions on a consolidated basis; whereas following \n\nthe \n\ntransposition of that Directive into the national law of the Member \n\nStates the principle of supervision on a consolidated basis is now \n\napplied throughout the Community; \n\nWhereas, in order to be effective, supervision on a consolidated basis \n\nmust be applied to all banking groups, including those the parent \n\nundertakings of which are not credit institutions; whereas the \n\ncompetent authorities must have sufficient legal powers to be able to \n\nexercise such supervision; \n\n(1) OJ C 315 of 14. 12. 1990, p. 15. (2) Decision of 20 November 1991 (not yet published in the Official \n\nJournal). (3) OJ C 102 of 18. 4. 1991, p. 19. (4) OJ L 193 Of 18. 7. 1983, p. 18. - 6-\n\nWhereas, in the case of groups with diversified activities the parent \n\nundertakings of which control at least one credit \n\ninstitution \n\nsubsidiary, the competent authorities must be able to assess the \n\nfinancial situation of a credit institution in such a group; whereas, \n\npending subsequent co-ordination, the Member States may lay down \n\nappropriate methods of consolidation for the achievement of the \n\nobjective of this Directive; whereas the competent authorities must at \n\nleast have the means of obtaining from all undertakings within a group \n\nthe information necessary for the performance of their function; \n\nwhereas co-operation between the authorities responsible for the \n\nsupervision of different financial sectors must be established to \n\nensure the effective supervision of groups carrying on a range of \n\nfinancial activities; \n\nWhereas rules limiting the risks taken by a credit institution on the \n\nmixed-activity company of which it is a subsidiary, as well as those \n\ntaken on the other subsidiaries of the same mixed-activity company can \n\nbe particularly useful; whereas it would, however, appear to be \n\npreferable to settle this question in a more systematic manner in the \n\nframework of a future Directive on the limitation of large exposures; \n\nWhereas risks taken by one or more credit institutions are revealed not \n\nonly in figures shown in (consolidated) balance sheets and annual \n\naccounts but are also subject to the manner in which relations within \n\ngroups are organized and the relative independence of the management of \n\nthe credit institutions involved; \n\nWhereas the Member States can, furthermore, refuse or withdraw banking \n\nauthorization in the case of certain group structures considered \n\ninappropriate for carrying on banking activities, in particular because \n\nsuch structures could not be supervised effectively; whereas In this \n\n\f-\u00a5-\n\nrespect the competent authorities have the powers mentioned in \n\nArticle 8(1)(c) of \n\nthe first \n\nCouncil \n\nDirective 77/780/EEC of \n\n17 December 1977 on the co-ordination of laws, regulations and \n\nadministrative provisions relating to the taking up and pursuit of the \n\nbusiness of credit inst i tut ions*1 *, and in Articles 5 and 11 of the \n\nsecond Council Directive 89/646/EEC of 15 December 1989 on the co \n\nordination of laws, regulations and administrative provisions relating \n\nto the taking up and pursuit of the business of credit institutions and \n\namending Directive 77/780/EEC*2^, in order to ensure the sound and \n\nprudent management of credit institutions; \n\nWhereas the Member States can equally apply appropriate supervision \n\ntechniques to groups with structures not covered by this Directive; \n\nwhereas if such structures become common this Directive should be \n\nextended to cover them-, \n\nWhereas supervision on a consolidated basis must take in all activities \n\ndefined in the Annex to Directive 89/646/EEC; whereas all undertakings \n\nprincipally engaged in such activities must therefore be included in \n\nsupervision on a consolidated basis; whereas in consequence the \n\ndefinition of financial institution given in Directive 83/350/EEC must \n\nbe widened to cover such activities; \n\nWhereas regarding the consolidation of financial institutions involved \n\nin activities principally subject to market risks and subject to \n\nparticular rules of supervision, the co-ordination of the methods for \n\nthe consolidated supervision of market risks is possible in the \n\nframework of Community harmonization of capital adequacy of investment \n\n(1) OJ L 322 of 17. 12. 1977, p. 30. (2) OJ L 386 of 30. 12. 1989, p. 1. -rf-\n\nfirms and credit institutions, for which the Commission has introduced \n\na proposal \n\nfor a Directive \n\n(COM(90) 141)*1>; whereas such \n\nharmonization concerns inter alia the conditions which must be applied \n\nwhen offsetting opposing positions in the group, and the case where \n\nthese financial institutions are subject to specific supervisory rules \n\nregarding their financial stability; whereas this implies that, pending \n\nentry into force of the Directive on capital adequacy to cover market \n\nrisks, the competent authorities shall include in consolidated \n\nsupervision financial institutions which are principally exposed to \n\nmarket risks in accordance with methods determined by those authorities \n\nin the light of the particular nature of the risks involved; \n\nWhereas, following the adoption of Council Directive 86/635/EEC of \n\n8 December 1986 on the annual accounts and consolidated accounts of \n\nbanks and other financial institut ions*2), which establishes the rules \n\napplicable to consolidated accounts published by credit institutions, \n\ntogether with the provisions of Council Directive 83/349/EEC of \n\n13 June 1983 on consolidated accounts*3^it is now possible to define \n\nmore precisely the methods to be used in prudential supervision \n\nexercised on a consolidated basis; \n\nWhereas this Directive is fully in keeping with the objectives defined \n\nin the Single European Act; whereas it will in particular ensure the \n\nhomogeneous application throughout the Community of prudential rules \n\nestablished by other Community legislation, which must be observed on \n\na consolidated basis; whereas this Directive is, in particular, \n\nnecessary for the correct application of Council Directive 89/299/EEC \n\nof 17 April 1989 on the own funds of credit institut ions*4*; \n\n(1) OJ C 152 of 21. 6. 1990, p. 6. (2) OJ L 372 of 31. 12. 1986, p. 1. (3) OJ L 193 of 18. 7. 1983, p. 1. (4) OJ L 124 of 5. 5. 1989, p. 16. -f-\n\nWhereas supervision of credit institutions on a consolidated basis must \n\nbe aimed at protection of the depositors of the credit institutions; \n\nWhereas it is desirable that agreement should be reached, on the basis \n\nof reciprocity, between the Community and third countries with a view \n\nto allowing the practical exercise of consolidated supervision over the \n\nlargest possible geographical area; \n\nWhereas the amendments to be made to Directive 83/350/EEC are so \n\nconsiderable that it is preferable that it be wholly replaced by this \n\nDirective, \n\nHAS ADOPTED THIS DIRECTIVE: \n\n\f-4?-\n\nArticle 1 \n\nDefinitions \n\nFor the purposes of this Directive: \n\n\"credit institution\" shall mean a credit institution within the \n\nmeaning \n\nof \n\nthe first \n\nindent \n\nof \n\nArticle \n\n1 of \n\nDirective \n\n77/780/EEC, or any private or public undertaking which corresponds \n\nto the definition \n\nin the first \n\nindent of Article \n\n1 of \n\nDirective 77/780/EEC and has been authorized in a third country; \n\n\"financial institution\" shall mean an undertaking other than a \n\ncredit institution, the principal activity of which is to acquire \n\nholdings or to carry on one or more of the activities listed in \n\npoints 2 to 12 of the Annex to Directive 89/646/EEC; \n\n\"financial holding company\" shall mean a financial institution the \n\nsubsidiary undertakings of which are either exclusively or mainly \n\ncredit institut ions or financial institutions, one at least of such \n\nsubsidiaries being a credit institution; \n\n\"mixed-activity holding company\" shall mean a parent undertaking, \n\nother than a financial holding company or a credit institution, the \n\nsubsidiaries of which include at least one credit institution; \n\n\"ancillary banking services undertaking\" shall mean an undertaking \n\nthe principal activity of which consists In owning or managing \n\nproperty, managingdata-processing services, or any other similar \n\nactivity which is ancillary to the principal activity of one or \n\nmore credit institutions; \n\n\f- / /-\n\n\"participation\" shall mean the ownership, direct or indirect, of \n\n20% or more of the voting rights or capital of an undertaking; \n\n\"parent undertaking\" shall mean a parent undertaking within the \n\nmeaning of Article 1(1) of Council Directive 83/349/EEC and any \n\nundertaking which, in the opinion of the competent authorities, \n\neffectively \n\nexercises \n\na \n\ndominant \n\ninfluence \n\nover \n\nanother \n\nundertaking; \n\n\"subsidiary\" shall mean a subsidiary undertaking within the meaning \n\nof Article 1(1) of Directive 83/349/EEC and any undertaking over \n\nwhich, in the opinion of the competent authorities, a parent \n\nundertaking effectively exercises a dominant \n\ninfluence; all \n\nsubsidiaries of subsidiary undertakings shall also be considered \n\nsubsidiaries of the undertaking that is their ultimate parent; \n\n\"competent authorities\" shall mean the national authorities which \n\nare empowered \n\nby \n\nlaw or \n\nregulation \n\nto supervise \n\ncredit \n\ninstitutions; \n\n\f- \u00ab-\n\nArticle g \n\nScope \n\nThis Directive shall apply to credit institutions that have obtained \n\nthe authorization referred to in Article 3 of Directive 77/780/EEC, \n\nfinancial holding companies and mixed-activity holding companies which \n\nhave their head offices in the Community. The institutions permanently excluded by Article 2 of Directive \n\n77/780/EEC, with the exception of the Member States' central banks, \n\nshall be treated as financial institutions for the purposes of this \n\nDirective. _ ^-\n\nArticle 3 \n\nSupervision on a consolidated basis of credit institutions \n\n1. Every credit institution which has a credit institution or a \n\nfinancial \n\ninstitution \n\nas \n\na \n\nsubsidiary \n\nor \n\nwhich \n\nholds \n\na \n\nparticipation in such institutions shall be subject, to the extent \n\nand in the manner prescribed in Article 5, to supervision on the \n\nbasis of its consolidated financial situation. Such supervision \n\nshall be exercised at \n\nleast \n\nin the areas referred to in \n\nparagraphs 5 and 6. 2. Every credit institution the parent undertaking of which is a \n\nfinancial holding company shall be subject, to the extent and in \n\nthe manner prescribed in Article 5, to supervision on the basis of \n\nthe consolidated financial situation of that financial holding \n\ncompany. Such supervision shall be exercised at least in the areas \n\nreferred to in paragraphs 5 and 6. The consolidation of the \n\nfinancial situation of the financial holding company shall not in \n\nany way imply that the competent authorities are required to play a \n\nsupervisory role in relation to the financial holding company \n\nstanding alone. 3. The Member States or the competent authorities responsible for \n\nexercising supervision on a consolidated \n\nbasis pursuant \n\nto \n\nArticle 4 may decide in individual cases that a credit institution, \n\nfinancial institution or auxiliary banking services undertaking \n\nwhich is a subsidiary or in which a participation is held need not \n\nbe included in the consolidation: \n\n- if the undertaking that should be included is situated in a third \n\ncountry where there are legal impediments to the transfer of the \n\nnecessary information; \n\n\f-4M-\n\nif, in the opinion of the competent authorities, the \n\nundertaking that should be included is of negligible \n\ninterest only with respect to the objectives of monitoring \n\ncredit institutions and in all cases if the balance sheet \n\ntotal of the undertaking that should be included is less \n\nthan \n\nthe \n\nsmaller \n\nof \n\nthe \n\nfollowing \n\ntwo \n\namounts: \n\nECU 10 million or 1% of the balance sheet total of the \n\nparent undertaking or the undertaking that holds the \n\nparticipation; if two or more undertakings meet the above \n\ncriteria, they must nevertheless be included in the \n\nconsolidation where collectively they are of non-negligible \n\ninterest with respect to the aforementioned objective; \n\nif, in the opinion of the competent authorities responsible \n\nfor exercising supervision on a consolidated basis, the \n\nconsolidation of the financial situation of the undertaking \n\nthat should be included would be inappropriate or misleading \n\nas far as the objectives of the supervision of credit \n\ninstitutions are concerned. 4. Where the first indent of Article 3(1) is applied, the competent \n\nauthorities shall nevertheless obtain any information the transfer \n\nof which is authorized and inform the Commission of the limits set \n\nby a specified non-member country. When the competent authorities of a Member State do not include a \n\ncredit institution subsidiary in supervision on a consolidated \n\nbasis under one of the cases provided for in the second and third \n\nindents of paragraph 3, the competent authorities of the Member \n\nState in which that credit institution subsidiary is situated may \n\nask the parent undertaking for information which may facilitate \n\ntheir supervision of that credit institution. 5. Supervision of solvency, and of the adequacy of own funds to cover \n\nmarket risks and control of large exposures, as governed by the \n\nrelevant Community acts in force, shall be exercised on a \n\n\f- /y \n\nconsolidated basis in accordance with this Directive. The Member \n\nStates shall adopt any measures necessary, where appropriate, to \n\ninclude financial holding companies in consolidated supervision, in \n\naccordance with paragraph 2. Compliance with the limits set in Article 12(1) and (2) of \n\nDirective 89/646/EEC shall be supervised and controlled on the \n\nbasis of the consolidated or sub-consolidated financial situation \n\nof the credit institution. Supervision on a consolidated basis shall also include all figures \n\nand facts, e. g. the economic and financial performance of the group \n\nthe knowledge of which could be Judged as useful with regard to the \n\nquality of supervision on a consolidated basis. This concerns not \n\nonly financial information but also organization of the business, \n\ninfluence exercised by undertaking within a group on other \n\nundertakings and the existence of adequate information flows. The competent authorities shall ensure that, in all the \n\nundertakings included in the scope of the supervision on a \n\nconsolidated basis that is exercised over a credit institution in \n\nimplementation of paragraphs 1 and 2 above, there are adequate \n\ninternal control mechanisms for the production of any data and \n\ninformation which would be relevant for the purposes of supervision \n\non a consolidated basis. Without prejudice to specific provisions contained in other \n\nDirectives, the Member States may waive application on an \n\nindividual or subconsolidated basis of the rules laid down in \n\nparagraph 5 to a credit institution that, as a parent undertaking, \n\nis subject to supervision on a consolidated basis, and to any \n\nsubsidiary of such a credit institution which is subject to their \n\nauthorization and supervision and is included in the supervision on \n\n\f-46-\n\na consolidated basis of the credit institution which is the parent \n\ncompany. The same exemption option shall be allowed where the \n\nparent undertaking is a financial holding company which has its \n\nhead office in the same Member State as the credit institution, \n\nprovided that it is subject to the same supervision as that \n\nexercised over credit institutions, and in particular the standards \n\nlaid down in paragraph 5. In both cases, steps must be taken to ensure that capital is \n\ndistributed adequately within the banking group. 8. Where a credit institution the parent of which is a credit \n\ninstitution has been authorized and is situated in another Member \n\nState, the competent authorities which granted that authorization \n\nshall apply the rules laid down in paragraph 5 to that institution \n\non an individual or, when appropriate, a subconsolIdated basis. 9. Notwithstanding paragraph 8, the competent authorities responsible \n\nfor authorizing the subsidiary of a parent undertaking which is a \n\ncredit institution may, by bilateral agreement, delegate their \n\nresponsibility for supervision to the competent authorities which \n\nauthorized and supervise the parent undertaking. The Commission \n\nmust be kept informed of the existence and content of such \n\nagreements. It shall forward such information to the other \n\nauthorities and to the Banking Advisory Committee. 10. The Member States shall provide that their competent authorities \n\nresponsible for exercising supervision on a consolidated basis may \n\nask the subsidiaries of a credit institution or a financial holding \n\ncompany which are not included within the scope of supervision on a \n\nconsolidated basis for the data and information referred to in \n\nArticle 6. In such a case, the procedures for transmitting and \n\nverifying the information laid down in that Article shall apply. - #-\n\nArticle 4 \n\nCompetent authorities responsible for exercising supervision \n\non a consolidated basis \n\n1. Where a parent undertaking is a credit institution, supervision on \n\na consolidated basis shall be exercised by the competent \n\nauthorities \n\nthat \n\nauthorized \n\nit \n\nunder \n\nArticle 3 \n\nof \n\nDirective 77/780/EEC. 2. Where the parent of a credit institution is a financial holding \n\ncompany, supervision on a consolidated basis shall be exercised by \n\nthe competent authorities which authorized that credit institution \n\nunder Article 3 of Directive 77/780/EEC. However, where credit institutions authorized in two or more Member \n\nStates have as their parent the same financial holding company, \n\nsupervision on a consolidated basis shall be exercised by the \n\ncompetent authorities of the credit institution authorized in the \n\nMember State in which the financial holding company was set up. If no credit institution subsidiary has been authorized in the \n\nMember State in which the financial holding company was set up, \n\nthe competent authorities of the Member States concerned (including \n\nthose of the Member State in which the financial holding company \n\nwas set up) shall seek to reach agreement as to who amongst them \n\nwill exercise supervision on a consolidated basis. In the absence \n\nof such agreement, supervision on a consolidated basis shall be \n\nexercised by the competent authorities that authorized the credit \n\ninstitution with the greatest balance sheet total; if that figure \n\nis the same for two or more credit institutions, supervision on a \n\nconsolidated basis shall be exercised by the competent authorities \n\nof the first credit institution to be authorized under Article 3 of \n\nDirective 77/780/EEC. -ff-\n\n3. The competent authorities concerned may by common agreement waive \n\nthe rules laid down in the first and second subparagraphs of \n\nparagraph 2. 4. The agreements referred to In the third subparagraph of paragraph 2 \n\nand in paragraph 3 shall provide for procedures for co-operation \n\nand for the transmission of information such that the objectives of \n\nthis Directive may be achieved. 5. Where Member States have more than one competent authority for the \n\nprudential supervision of credit \n\ninstitutions and financial \n\ninstitutions, Member States shall take the requisite measures to \n\norganize co-ordination between such authorities. -49-\n\nArticle 5 \n\nForm and extent of consolidation \n\n1. The competent authorities responsible for exercising supervision on \n\na consolidated basis must, for the purposes of supervision, require \n\nfull consolidation of all the credit institutions and financial \n\nInstitutions which are subsidiaries of a parent undertaking. However, proportional consolidation may be prescribed where, in the \n\nopinion of the competent authorities, the liability of a parent \n\nundertaking holding a share of the capital is limited to that share \n\nof the capital because of the liability of other shareholders or \n\nmembers whose solvency is satisfactory. The liability of the other \n\nshareholders and members must be clearly established, if necessary \n\nby means of formal, signed commitments. 2. The competent authorities responsible for carrying out supervision \n\non a consolidated basis must, in order to do so, require the \n\nproportional consolidation of participations in credit institutions \n\nand financial institutions managed by an undertaking included in \n\nthe consolidation together with one or more undertakings not \n\nincluded in the consolidation, where those undertakings' liability \n\nis limited to the share of the capital they hold. 3. In the case of participations or capital ties other than those \n\nreferred to in paragraphs 1 and 2, the competent authorities shall \n\ndetermine whether and how consolidation is to be carried out. They \n\nmay permit or require use of the equity method where the risk to \n\n\f-20-\n\nwhich the shareholder is exposed is limited to his investment. That method shall not, however, constitute inlusion of the \n\nundertakings concerned in supervision on a consolidated basis. 4. Without prejudice to paragraphs 1 to 3, the competent authorities \n\nshall determine whether and how consolidation is to be carried out \n\nin the following cases: \n\n- where, In the opinion of the competent authorities, a credit \n\ninstitution exercises a significant influence over one or more \n\ncredit \n\ninstitutions or financial \n\ninstitutions, but without \n\nholding a participation or other capital \n\nties \n\nin these \n\ninstitutions; \n\n- where two or more credit institutions or financial institutions \n\nare placed under single management other than pursuant to a \n\ncontract or clauses of their memorandums or articles of \n\nassociation; \n\n- where two or more credit institutions or financial institutions \n\nhave administrative, management or supervisory bodies with the \n\nsame persons constituting a majority. In particular, the competent authorities may permit or require use \n\nof the method provided for in Article 12 of Directive 83/349/EEC. That method shall not, however, constitute inclusion of the \n\nundertakings concerned in consolidated supervision. 5. Where consolidated supervision is required pursuant to Article 3(1) \n\nand (2), ancillary banking services undertakings shall be included \n\nin consolidations In the cases and in accordance with the methods \n\nlaid down in paragraphs 1, 2, 3 and 4 of this Article. - z V-\n\nArticle 6 \n\ninformation to be supplied by mixed-activity holding companies \n\nand their subsidiaries \n\n1. Pending further co-ordination of consolidation methods, the Member \n\nStates shall provide that, where the parent undertaking of one or \n\nmore credit institutions is a mixed-activity holding company, the \n\ncompetent \n\nauthorities responsible for \n\nthe authorization and \n\nsupervision of those credit institutions shall, by approaching the \n\nmixed-activity holding company and its subsidiaries either directly \n\nor via credit institution subsidiaries, require them to supply any \n\ndata or information which would be relevant for the purposes of \n\nsupervising the credit institution subsidiaries. 2. The Member States shall provide that their competent authorities \n\nmay carry out, or have carried out by external inspectors, on-the-\n\nspot inspections to verify data received from mixed-activity \n\nholding companies and their subsidiaries. If the mixed-activity \n\nholding company or one of its subsidiaries is an insurance \n\nundertaking or a firm providing investment services, the procedure \n\nlaid down in Article 7(4) may also be used. If a mixed-activity \n\nholding company or one of its subsidiaries is situated in a Member \n\nState other than that in which the credit institution subsidiary is \n\nsituated, on-the-spot verification of information shall be carried \n\nout in accordance with the procedure laid down in Article 7 ( 7 ). -n-\n\nArticle 7 \n\nMeasures to facilitate the application \n\nof this Directive \n\n1. The Member States shall take the necessary steps to ensure that \n\nthere are no legal impediments preventing the undertakings included \n\nwithin the scope of supervision on a consolidated basis, mixed-\n\nactivity holding companies and their subsidiaries, or subsidiaries \n\nof the kind covered in Article 3(10), from exchanging amongst \n\nthemselves any data and information which would be relevant for the \n\npurposes of supervision in accordance with this Directive. 2. Where a parent undertaking and any of its subsidiaries that are \n\ncredit institutions are situated in different Member States, the \n\ncompetent authorities of each Member State shall communicate to \n\neach other all relevant data and information which may allow or aid \n\nthe exercise of supervision on a consolidated basis. Where the competent authorities of the Member State in which a \n\nparent undertaking is situated do not themselves exercise \n\nsupervision on a consolidated basis pursuant to Article 4, they may \n\nbe invited by the competent authorities responsible for exercising \n\nsuch supervision to ask the parent undertaking for any data and \n\ninformation which would be relevant for the purposes of supervision \n\non a consolidated basis and to transmit them to those authorities. 3. The Member States shall permit the exchange between their competent \n\nauthorities of the information referred to in paragraph 2, on the \n\nunderstanding that, in the case of financial holding companies, \n\nfinancial institutions or ancillary banking services undertakings, \n\nthe collection or possession of information shall not in any way \n\nimply that the competent authorities are required to play a \n\nsupervisory role in relation to those institutions standing alone. -u-\n\nSimilarly, the Member States shall authorize their competent \n\nauthorities to exchange the information referred to in Article 6 on \n\nthe understanding that the collection or possession of information \n\ndoes not in any way imply that the competent authorities play a \n\nsupervisory role in relation to the mixed-activity holding company \n\nand those of its subsidiaries which are not credit institutions, or \n\nto subsidiaries of the kind covered in Article 3(10). 4. Where a credit institution, financial ho IdIng company or a mixed \n\nactivity holding company controls one or more subsidiaries which \n\nare insurance companies or other undertakings providing investment \n\nservices which are subject to authorization, the competent \n\nauthorities and the authorities entrusted with the public task of \n\nsupervising insurance undertakings or those other undertakings \n\nproviding investment services shall co-operate closely. Without \n\nprejudice to their respective responsibilities, those authorities \n\nshall provide one another with any information likely to simplify \n\ntheir task and to ensure supervision of the activity and overall \n\nfinancial situation of the undertakings they supervise. 5. Information received pursuant to this Directive and in particular \n\nany exchange of information between competent authorities which is \n\nprovided for in this Directive shall be subject to the obligation \n\nof \n\nprofessional \n\nsecrecy \n\ndefined \n\nin \n\nArticle 12 \n\nof \n\nDirective 77/780/EEC. 6. The competent authorities responsible for supervision on a \n\nconsolidated basis shall establish lists of the financial holding \n\ncompanies referred to in Article 3(2). Those lists shall be \n\ncommunicated to the other competent authorities and to the \n\nCommission. -lh~ \n\nWhere, in applying this Directive, the competent authorities of one \n\nMember State wish in specific cases to verify the information \n\nconcerning a credit institution, a financial holding company, a \n\nfinancial institution, an ancillary banking services undertaking, a \n\nmixed-activity holding company, a subsidiary of the kind covered in \n\nArticle 6 or a subsidiary of the kind covered in Article 3(10), \n\nsituated in another Member State, they must ask the competent \n\nauthorities of that other Member State to have that verification \n\ncarried out. The authorities which have received such a request \n\nmust, within the framework of their competence, act upon it either \n\nby carrying out the verification themselves, by allowing the \n\nauthorities who made the request to carry it out, or by allowing an \n\nauditor or expert to carry it out. Without prejudice to the provisions of criminal law, the Member \n\nStates shall ensure that penalties or measures aimed at ending \n\nobserved breaches or the causes of such breaches may be imposed on \n\nfinancial holding companies and mixed-activity holding companies, \n\nor their effective managers, that infringe laws, regulations or \n\nadministrative provisions enacted to implement this Directive. In \n\ncertain cases such measures may require the intervention of the \n\ncourts. The competent authorities shall co-operate closely to \n\nensure that the abovementioned penalties or measures produce the \n\ndesired results, especially when the central administration or main \n\nestablishment of a financial holding company or of a mixed-activity \n\nholding company is not located at its head office. -is-\n\nArticle 8 \n\nThird countries \n\n1. The Commission may submit proposals to the Council, either at the \n\nrequest of a Member State or on its own initiative, for the \n\nnegotiation of agreements with one or more third countries with the \n\naim of establishing means of exercising \n\nsupervision on a \n\nconsolidated basis over: \n\n- credit institutions with parent undertakings in third countries \n\nand \n\n- credit \n\ninstitutions situated in third countries the parent \n\nundertakings of which, whether credit institutions or financial \n\nholding companies, have their head offices in the Community. 2. The agreements referred to in paragraph 1 shall in particular seek \n\nto ensure both: \n\n- that the competent authorities of the Member States are able to \n\nobtain the information necessary for the supervision, on the \n\nbasis of their consolidated financial situations, of credit \n\ninstitutions or financial holding companies situated in the \n\nCommunity and which have as subsidiaries credit institutions or \n\nfinancial institutions situated outside the Community, or which \n\nhold participations in such institutions; \n\n- that the competent authorities of third countries are able to \n\nobtain the information necessary for the supervision of parent \n\nundertakings the head offices of which are situated within their \n\nterritories and which have as subsidiaries credit institutions or \n\nfinancial institutions situated in one or more Member States, or \n\nwhich hold participations in such institutions. -t\u00e9 \n\n3. The Commission and the Advisory Committee set up under Article 11 of \n\nDirective 77/780/EEC shall \n\nexamine \n\nthe outcome of \n\nthose \n\nnegotiations and the resulting situation. - 2 ?-\n\nArt icle 9 \n\nFinal provisions \n\n1. Member \n\nStates \n\nshall \n\nimplement \n\nthe \n\nlaws, \n\nregulations \n\nand \n\nadministrative provisions necessary to comply with the provisions \n\nof the present Directive by 1 January 1993. They shall forthwith \n\ninform the Commission thereof. When Member States adopt these provisions, these shall contain a \n\nreference to this Directive or shall be accompanied by such \n\nreference at the time of their official publication. The procedure \n\nfor such reference shall be adopted by Member States. 2. Notwithstanding the provisions of Article 3(5) and pending entry \n\ninto force of the Directive on capital adequacy of investment firms \n\nand credit institutions, the competent authorities shall include in \n\nconsolidated \n\nsupervision \n\nfinancial \n\ninstitutions \n\nwhich \n\nare \n\nprincipally exposed to market risks in accordance with methods to \n\nbe determined by those authorities in the light of the particular \n\nnature of the risks involved. 3. Member States shall communicate to the Commission the texts of the \n\nmain provisions laid down by law, regulation or administrative \n\naction which they adopt in the field governed by this Directive. -2P-\n\nArticle 10 \n\n1. Council Directive 83/350/EEC is hereby repealed with effect from \n\n1 January 1993. 2. In the following provisions, the words \"Directive 83/350/EEC\" shall \n\nbe replaced by \"Directive. /. /EEC\": \n\n- Article 5 of Directive 89/299/EEC; \n\n- Article 12(6), Article 13(3), Article 15(2) and the fifth indent \n\nof \n\nthe \n\nfirst \n\nsubparagraph \n\nof \n\nArticle 18(2) \n\nof \n\nDirective 89/646/EEC; \n\n- Article 3(3) of Directive 89/647/EEC. 3. In Article 1(5) of Directive 89/646/EEC and the first indent of \n\nArticle 2(1) of Directive 89/647/EEC, the definition of competent \n\nauthorities shall be replaced by the following: \n\n\"the national authorities which are empowered by law or regulation \n\nto supervise credit institutions\". Article 11 \n\nThis Directive is addressed to the Member States \n\n\f\fISSN 0254-1475 \n\nCOM(91) 491 final \n\nDOCUMENTS \n\nEN \n\n10 \n\n\\ \n\nCatalogue number : CB-CO-91-549-EN-C \n\nISBN 92-77-78278-1 \n\nOffice for Official Publications of the European Communities \nL-2985 Luxembourg"}
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+null
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