^-^ /**/*• • "I "T" "I ISSN 0378-6986 Oihcial J ournal c 48 Volume 25 of the European Communities 23 **h™*yi982

English edition Information and Notices

Contents I Information

Commission ECU 1 Notice of a review of the definitive anti-dumping duty on imports of polyester yarn originating in the United States of America 2

Award of aid from the Guidance Section of the EAGGF (Council Regulation (EEC) No 1362/78) — Second tranche 1981 3 Award of aid from the Guidance Section of the EAGGF (Council Regulation (EEC) No 1760/78) — Third tranche 1981 4

Court of Justice Case 34/82: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that court of 15 January 1982 in the case of Martin Peters Bau- unternehmung GmbH v. Zuid Nederlandse Aannemers Vereniging 9

II Preparatory Acts

Commission Proposal for a Council Directive amending Directives 72/159/EEC, 72/160/EEC and 72/161/EEC in relation to agricultural structures 10

Communication from the European Port Data Processing Association (EVHA vzw) concerning a project supported under the Commission's multiannual programme (1979 to 1983) in the field of data processing 11

1 Official Journal of the European Communities No C 48/1

I

(Information)

COMMISSION

ECU O 22 February 1982

Currency amount for one unit:

Belgian and United States dollar 1-03324 Luxembourg franc con. 44-2020 Swiss franc 1-93526 Belgian and Spanish peseta 104-719 Luxembourg franc fin. 46-8574 Swedish krona 5-92976 German mark 2-42760 Norwegian krone 6-15811 Dutch guilder 2-66369 Canadian dollar 1-25549 Pound sterling 0-558810 Portuguese escudo 70-6219 Danish krone 8-12798 Austrian schilling 17-0485 French franc 6-19066 Finnish markka 4-64028 Italian lira 1302-14 Japanese yen 240-538 Irish pound 0-687452 Australian dollar 0-955288 Greek drachma 62-7280 New Zealand dollar 1-30049

The Commission has installed a telex with an automatic answering device which gives the conversion rates in a number of currencies. This service is available every day from 3.30 p.m. until 1 p.m. the following day. Users of the service should do as follows: — call telex number Brussels 23789; — give their own telex code; — type the code 'cccc' which puts the automatic system into operation resulting in the transmission of the conversion rates of the EUA; — the transmission should not be interrupted until the end of the message, which is marked by the code 'ffff. Note: The Commission also has an automatic telex answering service (No 21791) providing daily data on calculation of monetary compensatory amounts for the purposes of the common agricultural policy.

O Council Regulation (EEC) No 3180/78 of 18 December 1978 (OJ No L 379, 30. 12. 1978, p. 1). Council Decision 80/1184/EEC of 18 December 1980 (Convention of Lome) (OJ No L 349, 23. 12. 1980, p. 34). Commission Decision No 3334/80/ECSC of 19 December 1980 (OJ No L 349, 23. 12. 1980, p. 27). Financial Regulation of 16 December 1980 concerning the general budget of the European Communities (OJ No L 345, 20. 12. 1980, p. 23). Council Regulation (EEC) No 3308/80 of 16 December 1980 (OJ No L 345, 20. 12. 1980, p. 1). Decision of the Council of Governors of the European Investment Bank of 13 May 1981 (OJ No L 311, 30. 10. 1981, p. 1). No C 48/2 , . Official Journal of the European Communities 23.2. 82

Notice of a review of the definitive anti-dumping duty on imports of polyester yarn originating in the United States of America

On 22 December 1980, Council Regulation (EEC) yarn into the Community and particularly into Italy, No 3439/80 imposed an anti-dumping duty on one of the principal markets in the Community, imports of certain polyester yarn (x). This Regulation where imports in the last two months of 1981 was subsequently amended on 9 November 1981 by increased by almost 60 % compared to 1980 and the 2 Council Regulation (EEC) No 3198/81 ( ) to exclude share of market obtained by imports of American certain types of product. The rate of the duty for origin reached 31 % compared to 14 % in 1980. textured yarn falling within Nimexe Code 51.01-29 and 30 is 16-4% and for non-textured yarn falling Evidence has also been presented concerning price within Nimexe Codes 51.01-06, 31, 33, 35 and 36 is undercutting by American exporters of textured yarn 15-6% except for non-textured yarn manufactured and this has led to renewed losses by Italian and exported by Eastman Chemical International producers. Company for which the rate of duty is 13-7 %. Having decided, after consultation, that there is The Commission has since received requests from sufficient positive information to warrant a review, fourteen American exporters of polyester yarn to the Commission is re-opening the anti-dumping review the duty insofar as it applies to them; almost proceeding concerning imports of certain polyester all of these companies did not export to the yarn, as detailed above, originating in the United Community at the time of entry into force of the States of America in accordance with Articles 7 and definitive anti-dumping duty and positive information 14 of Council Regulation (EEC) No 3017/79 on has been submitted by them purporting to show that protection against dumped or subsidized imports their current export prices to the Community are from countries not members of the European higher than the normal value of the like product in Economic Community (3). the United States. Any information relating to the matter may be sent in The Commission has also received a new complaint writing to the Commission of the European lodged by the International Rayon and Synthetic Communities, Directorate-General for External Fibres Committee (CIRFS) on behalf of manufac­ Relations (Division I-D-l), 200 rue de la Loi, B-1049 turers accounting for almost all of the Community Brussels (Telex: Comeurbru 21877). production of textured polyester yarn. This complaint alleges that dumping is being practised in respect of Interested parties may, within thirty days following imports of textured yarn from American exporters, publication of this notice, make known their views in some of whom were excluded from the application of writing, in particular by replying to the questionnaire the definitive anti-dumping duty. The margin of addressed to the parties known to be concerned and dumping alleged by the complaint exceeds the rate of by providing supporting evidence. duty currently being applied. Furthermore, the Commission will hear parties who With regard to injury, the evidence presented in the so request when making their views known, provided complaint shows that there has recently been a that they can show that they are likely to be affected considerable increase of imports of textured polyester by the result of the proceeding.

0) OJ No L 358, 31. 12. 1980, p. 91. O OJ No L322, 11. 11. 1981, p. 2. (3) OJ No L 339, 31. 12. 1979, p. 1. 23. 2. 82 Official Journal of the European Communities No C 48/3

Award of aid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund

Council Regulation (EEC) No 1362/78

Second tranche 1981

In accordance with the provisions of paragraph 3 of Article 10 of Council Regulation (EEC) No 1362/78 of 19 June 1978 on the programme for the acceleration and guidance of collective irrigation works in the Mezzogiorno (*), the amount of 260 million European units of account is available over a period of five years.

The special programmes must be included in a framework programme. The framework programme submitted by the Italian Government was approved by the Commission on 29 November 1979 (2).

Having consulted the Fund Committee on the financial aspects, particularly on the funds available, and having received the opinion of the Standing Committee on Agricultural Structures, the Commission has selected an application for aid representing a subsidy of 28 206 023 ECU.

The special programme selected seems to the Commission to be in the interest of the Community.

In accordance with the provisions of Article 9, paragraph 2, of Council Regulation (EEC) No 1362/78, the Decision awarding EAGGF aid to the special programme has been notified to the Italian Government and also to the agency responsible for its implementation.

O OJ No L 166, 29. 6. 1978, p. 11. (2) OJ No L 322, 18. 12. 1979, p. 30. No C 48/4 Official Journal of the European Communities 23.2.82

Award of aid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund

Council Regulation (EEC) No 1760/78

Third tranche 1981

In accordance with the provisions of paragraph 3 of Article 11 of Council Regulation (EEC) No 1760/78 of 25 July 1978 on a common measure for the improvement of infrastructure in certain rural areas ('), an amount of 25 million European units of account is available each year.

Projects must be included in a framework programme. The framework submitted by the French Government was approved by the Commission on 13 July 1979 (2); the framework programme submitted by the Italian Government was approved on 23 May 1980 (3).

Having consulted the Fund Committee on the financial aspects, particularly on the funds available, and having received the opinion of the Standing Committee on Agricultural Structures, the Commission has selected 76 applications for aid representing a subsidy of 5 664 443 ECU.

The projects selected, which are set out in the attached list seem to the Commission to be in the interest of the Community.

In accordance with the provisions of Article 9, paragraph 2, of Council Regulation (EEC) No 1760/78, the Decisions awarding EAGGF aid to the projects indicated hereafter have been notified to the relevent Member State and also to the beneficiaries.

0) OJ No L 204, 28. 7. 1978, p. 1. (2) OJ No L 186, 24. 7. 1979, p. 37. (») OJ No L 145, 11. 6. 1980, p. 38. 23*2, %1 Official journal of the European Communities Nd € 48/5

FRANCE

No Title

F/l10/80 PfdvisiOri of electricity supplies in the communes of Barjac, Mons, Le Garri, Laval-Saint-ROriiah, Samt-Christol-de-Rodieres, Saint-Andr6 d'Olerargues et Saint-Marcel de Cafeiret (Gafd)

F/20781 Improvement of farhi road network in the commune of Artignosc (Var)

F/21/81 IrriprOvement of farm road network in the commune of Rfgusse (Var)

F/Z"278l IriipfOVemerit of faffri road network in the commune of Baudinard (Var)

F/53/81 Provision of electricity supplies in the communes of Appy and Sencohae (Ariege)

F/54/81 Provision of electricity supplies in the commune of Montfa (Ariege)

F/56/81 Provision of electricity supplies in the commune of Lescure (Ariege)

F/57/81 Provision of electricity supplies in the communes of and Pailhes (Ariege)

F/58/81 Provision of electricity supplies in the commune of (Ariege)

F/59/81 Provision of electricity supplies in the commune of (Ariege)

F/62/81 Provision of electricity supplies in the commune of Castex (Ariege)

F/63/81 Provision of electricity supplies in the commune of Sainte Suzanne (Ariege)

F/65/81 Provision of electricity supplies in the communes of , Fabas, Merignon arid (Ariege)

F/66/81 Provision of electricity supplies in the communes of and -de- Seroti (Ariege)

F/77/81 Provision of electricity supplies in 16 communes of the department of Lozere

F/79/81 Improvement of farm road network in the communes of Mirandol-Bourg- nounac, Pampelonne, Saint-Martin-Laguepie and Valderids (Tarn)

ITALY

No Title

1/45/80 Public water supplies in the commune of Marciana (Livorno)

1/55/80 Public water supplies in the commune of Rocca San Casciano (Fori!) No C 48/6 Official Journal of the European Communities 23. 2. 82

No Title

1/73/80 Public water supplies in the commune of Predappio (Forli)

1/75/80 Improvement of farm road network in the commune of Polino (Terni)

1/87/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the communes of Cingoli, Apiro, Poggio San Vicino (Macerata) and of Cupramontana and Staffolo (Ancona)

1/100/80 Improvement of farm road network in the commune of Collalto Sabino (Rieti)

1/102/80 Improvement of farm road network in the commune of Vallinfreda (Roma)

1/103/80 Improvement of farm road network in the commune of Nespolo (Rieti)

1/108/80 Public water supplies in the commune of Colle di Tora (Rieti)

1/110/80 Improvement of farm road network in the commune of Varco Sabino (Rieti)

1/111/80 Improvement of farm road network in the commune of Marcetelli (Rieti)

1/116/80 Improvement of farm road network in the commune of Monte San Giovanni in Sabina (Rieti)

1/130/80 Improvement of farm road network in the commune of Montaquila (Isernia)

1/131/80 Improvement of farm road network in the commune of Filignano (Isernia)

1/132/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the commune of Brindisi

1/133/80 Supply of drinking water and provision of electricity supplies in the commune of Brindisi

1/160/80 Improvement of rural roads and supply of drinking water in the communes of Cuorgne, Pratiglione and Valperga (Torino)

1/163/80 Improvement of farm road network in the communes of Fabrosa, Sottana and Vicoforte (Cuneo)

1/171/80 Improvement of farm road network in the commune of Piedicavallo (Vercelli)

1/174/80 Provision of electricity supplies in the communes of Ailoche and Coggiola (Vercelli)

1/175/80 Public water supplies in the communes of Occhieppo and Mongrando (Vercelli)

1/179/80 Public water supplies in the commune of Rhenes-Saint-Georges (Valle d'Aosta)

1/207/80 Improvement of farm road network in the commune of Rocca Pia (l'Aquila)

1/208/80 Improvement of farm road network in the commune of Rocca Pia (l'Aquila)

1/209/80 Improvement of farm road network in the commune of Rocca Pia (l'Aquila)

1/210/80 Improvement of farm road network in the commune of Cermignano (Teramo)

1/211/80 Improvement of farm road network in the commune of Canzano (Teramo)

1/214/80 Improvement of farm road network in the communes of Pizzoferrato and Quadri (Chieti)

1/215/80 Public water supplies in the communes of Villa Santa Maria, Pietraferrazzana, Montelapiano and Montebello sul Sangro (Chieti) 23.2.82 Official Journal of the European Communities No

No Title

1/216/80 Public water supplies in the communes of Bomba, Colledimezzo, Tornaccio

and Monferrante (Chieti)

1/226/80 Provision of electricity supplies in the commune of Cervicati (Cosenza)

1/227.1/80 Provision of electricity supplies in the communes of Laureana di Borrello and Candidoni (Reggio Calabria) 1/229/80 Provision of electricity supplies in the commune of Brancaleone (Reggio Cala­ bria)

1/230/80 Public water supplies in the communes of Gioiosa Ionica and Marina di

Gioiosa Ionica (Reggio Calabria)

1/1/81 Improvement of farm road network in the commune of Baceno (Novara)

1/5/81 Improvement of rural roads and supply of drinking water in the communes of

Val della Torre, la Cassa, Vallo, Varisella and Givoletto (Torino)

1/7/81 Provision of electricity supplies in the commune of Garessio (Cuneo)

1/9/81 Improvement of rural roads, supply of drinking water and provision of

electricity supplies in the Province of Torino

1/22/81 Public water supplies in the commune of Molini di Triora (Imperia)

1/40/81 Improvement of farm road network in the commune of Pornassio (Imperia)

1/41/81 Improvement of farm road network in the communes of Anzano di Puglia and

Accadia (Foggia)

1/44/81 Improvement of farm road network in the commune of Accadia (Foggia)

1/51/81 Improvement of farm road network in the commune of San Donato di Lecce

(Lecce)

1/58/81 Improvement of farm road network in the commune of Palmariggi (Lecce)

1/60/81 Improvement of farm road network in the commune of Zollino (Lecce)

1/74/81 Improvement of rural roads and supply of drinking water in the Province of

Bergamo

1/83/81 Improvement of farm road network in the commune of Gerola Aha (Sondrio)

1/88/81 Improvement of farm road network in the commune of Bagolino (Brescia)

1/91/81 Improvement of farm road network in the communes of Paisco Loveno and Corteno Golgi (Brescia) 1/95/81 Improvement of rural roads and supply of drinking water in the communes of Sale Marasino, Zone, Pisogne and Marone (Brescia) 1/99/81 Improvement of rural roads and supply of drinking water in the communes of Pezzaze, Bovegno, Collio (Brescia) 1/101/81 Improvement of rural roads and supply of drinking water in the communes of Scarperia, San Piero a Sieve, Rufina, Barberino di Mugello and San Godenzo (Firenze) No C 48/8 Official Journal of the European Communities 23. 2. 82

No Title

1/102/81 Improvement of rural roads and supply of drinking water in the communes of Portoferraio, Marciana Marina, Rio Marina and Rio Elba (Livorno)

1/103/81 Improvement of rural roads and supply of drinking water in the communes of Cretona, San Casciano dei Bagni, Montepulciano and Sarteano (Siena)

1/105/81 Improvement of rural roads and supply of drinking water in the communes of Massa Marittima, Monfieri, Monterotondo Manttimo (Grosseto), Bassetta (Livorno) and Monteverdi Marittimo (Pisa)

1/106/81 Improvement of rural roads and supply of drinking water in the communes of Firenzuola, Marradi and Palazzuolo sul Senio (Firenze)

1/107/81 Improvement of rural roads and supply of drinking water in the communes of Arcidosso, Santa Fiora, Castell'Azzara, Seggiano (Grosseto) and Piancasta- gnaio (Siena)

1/108/81 Improvement of rural roads and supply of drinking water in the communes of Loro Cuiffenna, Castiglion Fibocchi, Castelfrano di Sopra, Pian di Sco (Arezzo) and Reggello (Firenze)

1/109/81 Improvement of rural roads and supply of drinking water in the communes of Sorano, Pitigliano, Roccalbegna and Semproniano (Grosseto)

1/110/81 Improvement of farm road network in the commune of Copertino (Lecce) 23. 2. 82 Official Journal of the European Communities No C 48/9

COURT OF JUSTICE

Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that court of 15 January 1982 in the case of Martin Peters Bauunternehmung GmbH v. Zuid Nederlandse Aannemers Vereniging

(Case 34/82)

Reference has been made to the Court of Justice of the European Communities by a judgment of the Hoge Raad der Nederlanden [Supreme Court of the Netherlands] of 15 January 1982, which was received at the Court Registry on 21 January 1982, for a preliminary ruling in the case of Martin Peters Bauunternehmung GmbH, Aachen, v. Zuid Nederlandse Aannemers Vereniging [South Netherlands Contractors' Association], Maastricht, on the following questions:

Does Article 5 (1) of the Convention (') apply to claims made by an association constituted under private law possessing legal personality against one of its members in a matter relating to an obligation to pay a sum of money which has its basis in the relationship inherent in membership between the two parties arising from the defendant party's accession to the Association as a member by virtue of a legal transaction entered into for that purpose? Does it make any difference whether the obligation in question arises from the accession and nothing else, or from the accession and one or more decisions made by bodies of the Association?

(') Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. No C 48/10 Official Journal of the European Communities 23. 2. 82

II

(Preparatory Acts)

COMMISSION

Proposal for a Council Directive amending Directives 72/159/EEC, 72/160/EEC and 72/161/EEC in relation to agricultural structures

(Submitted by the Commission to the Council on 9 February 1982)

THE COUNCIL OF THE EUROPEAN policy (6), as last amended by Regulation (EEC) No COMMUNITIES; 3509/80 (7), has not yet been fully achieved; whereas, in accordance with Article 6 (2) (e) of Regulation Having regard to the Treaty establishing the (EEC) No 729/70, the target date for completing the European Economic Community, and in particular common measures should therefore be deferred to Article 43 thereof, 31 December 1983,

Having regard to the proposal from the Commission, HAS ADOPTED THIS DIRECTIVE:

Having regard to the opinion of the European Par­ Article 1 liament, 1. Article 16 (1) of Directive 72/159/EEC is hereby replaced by the following: Whereas Article 16 of Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (*), 'The estimated time required for carrying out the as last amended by Directive 81/528/EEC (2), Article common measure shall run until 31 December 1983.' 7 of Directive 72/160/EEC of 17 April 1972 concerning measures to encourage the cessation of 2. The first subparagraph of Article 7 (1) of farming and the reallocation of utilized agricultural Directive 72/160/EEC is hereby replaced by the area for the purposes of structural improvement (3) following: and Article 9 of Directive 72/161/EEC of 17 April 'The estimated time required for carrying out the 1972 concerning the provision of socioeconomic common measure shall run until 31 December 1983.' guidance for and the acquisition of occupational skills by persons engaged in agriculture (4), as last amended by Directive 81/529/EEC (5), provide that the 3. Article 9 (1) of Directive 72/161/EEC is hereby estimated time required for carrying out the common replaced by the following: measures referred to in these Directives is ten years; 'The estimated time required for carrying out the common measures shall run until 31 December 1983.' Whereas the objective of these common measures, determined in accordance with Article 6 (2) (a) of Article 2 Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural This Directive is addressed to the Member States.

(') OJNoL96, 23. 4. 1972, p. 1. (2) OJ No L 197, 20. 7. 1981, p. 41. O OJ No L 96, 23. 4. 1972, p. 9. (4) OJ No L 96, 23. 4. 1972, p. 15. (*) OJ No L 84, 28. 4. 1970, p. 13. (5) OJ No L 197, 20. 7. 1981, p. 44. O OJ No L 367, 31. 12. 1980, p. 87. Communication from the European Port Data Processing Association (EVHA vzw.) concerning a project supported under the Commissions multiannual programme (1979 to 1983) in the field of data processing

(Council Decision 79/783/EEC of 11 September 1979)

CALL FOR TENDERS

1. In order to promote the development of the Community data processing industry and within the framework of Community policy, the Europese Vereniging voor Haveninformatica (EVHA) vzw — a non-profit making organization — intends to issue by 1 March 1982 an invitation to tender (ITT) for the Final Computer Network Study in European Ports. 2. A brief description of the technical content of the study is given below. 3. 3.1 There will be only one ITT document and tenderers will be expected to bid for the whole study. 3.2 A period of approximately 14 weeks will be given to tenderers to prepare their bids. This means that the closing date for tenders will, in principle, be 1 June 1982. 3.3 The intended date for commencement of the project is 1 July 1982. 3.4 ITT documents will be sent by post to interested firms from 1 March 1982, or they may be collected from the address given in paragraph 3.8 below on the dates and between the times stated. 3.5 A payment of Bfrs 2 000 is required for the ITT document. Documents to be sent by post by EVHA vzw will be dispatched only on receipt of this payment. This payment must be made by cheque or draft on a banking office in Belgium. Please clearly mention the name and address to which the document has to be sent. Bank number of EVHA vzw is: 610-0504050-32, Handelsbank, Antwerp, 410-0601851-86, Kredietbank, Antwerp. 3.6 Documents collected by hand may be paid for either in cash (Belgian francs) or by Eurocheque. 3.7 Address for application for tender documents to be sent by post: For the attention of Mr A. Hoewerckx, EVHA vzw, Stadhuis, B-2000 Antwerpen (Belgium). (This office is able to answer questions relating only to payments.) 3.8 Address for collecting by hand between 1 March 1982 and 13 April 1982 only, and during working hours only: Kolveniersstraat, 19, B-2000 Antwerpen (Belgium), Tel. 031-311772, telex 31807 All enquiries other than those relating to payments, should be made by post or telex to the address above and must be marked for the attention of the 'EVHA vzw Staff. 4. To clarify the ITT document, an open briefing for all interested organizations (potential tenderers) will be held on the third week in April. Details of the precise time and place for the briefing, and in particular the procedure for questions, will be given in the ITT document. 5. The invitation to tender will indicate the procedure to be followed for the receipt and evaluation of bids.

Brief description of the Final Study Common Data Processing Project in European Ports

EVHA is issuing an Invitation to Tender in the sum of 200 000 ECU for the Final Network Study of its European Data Processing Project for which a pilot network is now operating among a number of major European ports. EVHA membership, which embraces a number of European ports, was set up some five years ago under the guidance of the European Commission, and launched its pilot network in Antwerp on 26 November 1981, now invites tenders from companies in the management consultancy and/or data processing field to examine and tender for this study project. The main objective of the study is to propose a totally computerized solution to the exchange of information between a multi­ plicity of end users having operational interests in ports. In brief, the study is broken down into five principal phases covering: — problem identification and definition; — feasibility recommendations; — technical development; — financial/managerial strategy; — implementation of final computerized system. THE AGRICULTURAL SITUATION IN THE COMMUNITY

1981 Report

This report is the seventh published version of the annual Report on the Agricultural Situation in the Community. It contains analyses and statistics on the general situation (economic environment and world market), the factors of production, the structures and situation of the markets in the various agricultural products, the obstacles to the com­ mon agricultural market, the position of consumers and producers, and the financial aspects. The general prospects and the market outlook for agricultural products are also dealt with.

Published in: Danish, Dutch, English, French, German, Greek, Italian.

419 pages

Price (excluding VAT) in Luxembourg: ECU 19-60; Bfrs 800; £ Irl 13-50; £11-50; $ US 21 -50

Publication No CB-32-81-641-EN-C ISBN 92-825-2707-7 >

OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES L-2985 Luxembourg