ISSN 0378-6986 Official Journal C 347 Volume 23 of die European Communities 31 December 1980
Information and Notices
European Parliament
Written Questions without answer
No 1203/80 by Mr Seefeld to the Council Subject: Working methods of the Council 1
No 1217/80 by Mrs Lizin to the Council Subject: Draft Regulation on a Community procedure on die siting of nuclear installations at frontiers 1
No 1226/80 by Mr Glinne to the Council Subject: Reduced rail fares 2
No 1395/80 by Mr Albers to the Commission Subject: Rhine-Main-Danube canal 2
No 1396/80 by Mr Megahy to the Commission Subject: Pyewipe 2
No 1397/80 by Mr Megahy to the Commission Subject: Export of textile machinery 2
No 1400/80 by Mr Cabom to the Commission Subject: Tuition fees for Greek students in UK institutions of post-school education 2
No 1403/80 by Mr Glinne to the Commission Subject: Involvement of employees' representatives in preparatory work and discussion* on directives, recommendations, etc 3
No 1405/80 by Mr Muntingh to the Commission Subject: Ecology and development in Turkey 3
No 1407/80 by Mr Bonde to the Commission Subject: Subsidizing of textile industries 3
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^ Commft (continued) Court of Justice
Judgment of the Court of 10 December 1980 in Case 140/78: Commission of the European Communities v. Italian Republic 26
Judgment of die Court (First Chamber) of 10 December 1980 in Case 23/80: Guiseppe Grasselliv. Commission of the European Communities 26
Judgment of the Court (Second Chamber) of 11 December 1980 in Case 827/79 (reference for a preliminary ruling made by the Corte Suprema di Cassazione): Am- ministrazione delie Finanze v. Ciro Acampora 27
Judgment of the Court of 11 December 1980 in Case 31/80 (reference for a preliminary ruling made by die Rechtbank van Koophandel, Antwerp): 1. L'Oreal NV, Brussels; 2. L'Oreal SA, Paris, v. De Nieuwe AMCK, PVBA, Hoboken 28
Case 271/80: Reference for a preliminary ruling by die Arrondissementsrechtbank, Rotterdam by judgment of that court of 1 December 1980 in the case of Pharmon BV v. Hoechst AG 28
Case 274/80: Reference for a preliminary ruling by the Arbeitsgeridit Reudingen by order of that court of 4 November 1980 in the case of Dr Antonietta Pansini-Ziegler, Rechtsreferendarin, v. Land Baden-Wiirttemberg, represented by the Minister of Justice 29
Case 277/80: Reference for a preliminary ruling by the Tribunale, Milan, First Civil Division, by order of that court in the case of SIC Societa Italiana Cauzioni v. Ammi- nistrazione delle Finanze dello Stato 29
Case 278/80: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 11 November 1980 in the case of Chem-Tech BH Naujoks v. Hauptzollamt Koblenz 30
II Preparatory Acts
HI Notices
Council Noticc of the cancellation of the notification of open competition Council/C/197 31
Extension of die term of validity of the lists of suitable candidates drawn up after open competitions Council/LA/170, Council/B/168, Council/C/171, Council/C/177 and Council/C/179 32
Commission Notice of a complementary tender concerning the delivery of skimmed-milk powder as food aid, in accordance with Regulation (EEC) No 3392/80 33 31. 12. 80 Official Journal of the European Communities No C 347/1
I
(Information)
EUROPEAN PARLIAMENT
WRITTEN QUESTIONS TO WHICH NO ANSWER HAS BEEN GIVEN (*)
These questions are published in accordance with Rule 45 (3) of the Rules of Procedure of the European Parliament: 'Questions to which no answer has been given within one month by the Commission, or within two months by the Council, . .. shall also be published in the "Official Journal of the European Communities'".
WRITTEN QUESTION No 1203/80 WRITTEN QUESTION No 1217/80 by Mr Seefeld by Mrs Lizin to the Council of the European Communities to the Council of the European Communities (6 October 1980) (6 October 1980)
Subject: Working methods of the Council Subject: Draft Regulation on a Community procedure on the siting of nuclear installations at frontiers 1. Does the Council share the view that: Has the Council of Ministers considered expediting this (a) it is the weakest link in the European Community; dossier? and that Does the Council not think that it should be given (b) its Secretary-General does not have the necessary priority in view of the number of problems arising at powers? present in this respect at internal frontiers?
2. Is the Council prepared to rationalize its Will this matter be included on the agenda of the Council procedures and, if so, how? of Ministers of the Environment for their meeting this September?
(*) The answers will be published as soon as they are received from the institution concerned. No C 347/2 Official Journal of the European Communities 31. 12. 80
WRITTEN QUESTION No 1226/80 which despoils environment of a large part of the Euro by Mr Glinne constituency of Yorkshire South West from Yorkshire coalfields to the Humber estuary, where it will be used to the Council of die European Communities to reclaim a thousand acres of land for industrial (6 October 1980) development. Particular attention will be paid in this imaginative proposal to solving the problem of transporting the waste, including through the application Subject: Reduced rail fares of new technology. Under the relevant Article 351 of the 1981 budget on 'Community Aid relating to the In common with other Community countries, Belgium environment' the Commission has made only a token or grants reductions in rail fares to war victims and old-age nil entry: could it say when it expects finance to be pensioners. available as a result of adoption of a Council Regulation? What other actual sources of finance are currently Does the Council not consider that it would be desirable available from the EEC to contribute to the preliminary- to standardize this measure and make it generally feasibility study and the full implementation of this applicable so that EEC nationals who are war victims or important project. old-age pensioners can benefit from reduced fares over the whole rail network in the nine Member States?
WRITTEN QUESTION No 1397/80
WRITTEN QUESTION No 1395/80 by Mr Megahy by Mr Albers to the Commission of the European Communities to the Commission of the European Communities (6 November 1980) (6 November 1980) Subject: Export of textile machinery
Subject: Rhine-Main-Danube canal The closing of many textile mills in the UK over the past few years has led to the export of textile machinery from 1. Has the Commission taken note of the Agreement these mills to other EEC countries. Can the Commission which has been concluded between the Federal Republic give figures as to the extent of such exports to other EEC of Germany and Austria allowing shipping bound for countries over the past five years? In particular can it the North Sea to use the Rhine-Main-Danube canal state whether any figures are available as to the extent of currently under construction? such exports of textile machinery from West Yorkshire to the Prato region of Italy? 2. Does the Commission not agree that it would be in the interests of a common transport policy to negotiate an Agreement between the European Community and Austria on freedom of passage through the Rhine-Main-Danube canal?
WRITTEN QUESTION No 1400/80 by Mr Caborn to the Commission of the European Communities WRITTEN QUESTION No 1396/80 (6 November 1980) by Mr Megahy
to the Commission of the European Communities Subject: Tuition fees for Greek students in UK (6 November 1980) institutions of post-school education
Subject: Pyewipe Would the Commission note that students from EEC countries are charged the UK rate of tuition fees (£216 The four County Councils of Yorkshire and Humberside to £ 1 105 per annum) on post-school education. Will have launched a scheme to transport colliery waste the Commission therefore consider action to ensure 31. 12. 80 Official Journal of the European Communities No C 347/3 that Greek nationals studying in UK institutions of WRITTEN QUESTION No 1405/80 post-school education are subject to the appropriate rate by Mr Muntingh of tuition fee in respect of the period of the academic year following the accession of Greece to the EEC? to the Commission of the European Communities (6 November 1980)
Will the Commission also encourage the UK Government to apply the 'EEC rate' of tuition fee to Subject: Ecology and development in Turkey Greek students for the first part of the academic year, prior to Greek entry to the EEC? In July 1980 the European Investment Rank granted a loan of 60 million EUA to the Turkish Government for the building of a hydroelectric power station at Karakaya In the absence of action by the UK Government, will the on the Euphrates in south-eastern Turkey. Commission draw on Community funds to subsidize the fees of Greek students in the UK to the level applicable to 1. Can the Commission state what effects the building students from EEC Member States? of the hydroelectric dam will have on the natural environment locally and downstream in the area through which the Euphrates flows?
2. What changes will occur in river conditions and what consequences can such changes be expected to have on the fertility of the soil and on agriculture along the lower reaches of the river?
WRITTEN QUESTION No 1403/80 by Mr Glinne to the Commission of the European Communities (6 November 1980) WRITTEN QUESTION No 1407/80 by Mr Bonde to the Commission of the European Communities Subject: Involvement of employees' representatives in preparatory work and discussions on directives, (6 November 1980) recommendations, etc. . . .
Subject: Subsidizing of textile industries
Several working meetings have been held to discuss and In view of the dangerous trend of employment in Danish draw up a draft Directive on packaging products (ref. textile undertakings, will the Commission state whether ENV/109/80/REV. 6). it has any knowledge of EEC countries subsidizing their textile industries in contravention of the provisions of the The Environment and Consumer Protection Service, the Treaty of Rome? relevant Commission departments and employers were present or represented at these meetings (last meeting to date: 17 July 1980).
In this connection, would the Commission state: WRITTEN QUESTION No 1408/80 by Mr Moreland — why employees' representatives, even though they are and will be directly affected by the consequences to the Commission of the European Communities of these meetings, were not invited to attend; (6 November 1980)
— whether this failure to call in employees' representatives is normal practice, and Subject: Implementation of Council Decision of 20 February 1978 relating to Transport Infrastructure — if so, why? On 20 February 1978 the Council approved a proposal instituting a consultation procedure and setting up a committee in the field of transport infrastructure. No C 347/4 Official Journal of the European Communities 31. 12. 80
1. What projects have been notified to the Commission same car in a number of different countries (for since the Council Decision in accordance with example in the case of Ford automobiles)? Does the Article 2 of the Decision? Commission intend to produce proposals to make the country of manufacture clearer to the consumer? 2. Is the Commission fully satisfied that Member States are adhering to Article 2 of the Decision? If not what action does the Commission propose to take?
3. In accordance with Article 3 of the Decision what consultations have taken place with Member States WRITTEN QUESTION No 1414/80 and with what results? by Mr Buttafuoco, Mr Almirante, Mr Petronio and Mr Romualdi 4. In accordance with Article 6 of the Decision (in to the Commission of the European Communities which the Commission shall forward at least every three years to the Council and to the European (6 November 1980) Parliament a report relating to the Decision) when does the Commission propose to send Parliament its report? Subject: Improvement of rail links with Italy, particularly for the benefit of migrant workers and their families
According to recent statistics, there are more than 1 500 000 migrant workers from Community Member States and more than 4 000 000 from third countries in the Community.
WRITTEN QUESTION No 1409/80 Considering also the families of migrant workers and the by Mr Moreland large number of tourists travelling each year within the Community, an idea will be gained of the volume of rail to the Commission of the European Communities traffic within the Community. (6 November 1980) The situation as regards rail links with Italy is particularly unsatisfactory. It is enough to travel on an Subject: Origin marking international train to experience the appalling conditions under which hundreds of thousands of migrant workers and members of their families are obliged to travel on Knives and forks can be made in Taiwan and marked very long journeys even at normal times — to say nothing 'Made in Sheffield', although they are only dipped, of peak periods. The situation is so bad that these people finished and packed in the United Kingdom. One brand are often discouraged from travelling to their place of of food mixer is advertised in the UK as 'made by a well origin. known German manufacturer' although made by an East German producer. The Community has taken an active interest in improving the conditions under which live cattle are 1. Does the Commission believe that it is in the interests transported. It might now be high time for it to take a of the consumer and Community manufacturers that serious" interest in improving rail travel facilities for the country of origin should be clearly marked on a migrant workers and their families, especially as migrant product and that all advertising of a product should workers make a substantial contribution to the economic make clear the country of origin? development not only of their host countries but also, through currency remittances, of their countries of 2. Does the Commission intend to produce proposals to origin. this effect? In the case of rail links with Italy, the following measures 3. Where several countries are involved in the are urgently necessary: production of a finished product will the Commission propose that 'a percentage label' — improvement in the rolling stock especially by (similar to that already used on mixed-fibre textiles) increasing die number of second class sleeping cars be used? and couchette compartments; — increasing the frequency of international trains and 4. Does the Commission agree that there is some shorter stops at stations, especially at frontiers; confusion as to the country of origin of certain automobiles where the manufacturer produces the — introduction of special family fares. 31. 12. 80 Official Journal of the European Communities No C 347/5
Has the Commission already made representations to the Central and Southern Europe to be routed towards rail companies in EEC Member States and other transit the natural outlet of the ports in the Northern countries with a view to obtaining these improvements? Mediterranean and especially in the Adriatic.
If so, with what results? Can the Commission indicate:
If not, is the Commission prepared to discuss with the 1. Whether, in its own general interests, in order to rail companies the whole problem of improving rail links lessen imbalances between the regional economies with Italy, against the background of the needs outlined (with particular reference to the peripheral and above? frontier regions), to achieve the energy savings referred to above and to comply with the guidelines laid down by Parliament in resolution 1-90/80, the Community should work towards the harmonization of transport rates between the northern and southern European ports?
2. Whether, with reference to the general principles contained in its memorandum on the role of the Community in the development of transport infrastructures (COM(79) 550 fin.) the Commission WRITTEN QUESTION No 1415/80 should consider disparities between transport rates by Mr Cecovini as artifical barriers to be reviewed in parallel with geographical and infrastructural barriers with a view to die Commission of the European Communities to their elimination? (6 November 1980) 3. Whether it feels that representations should be made to the responsible Community and national bodies to Subject: Harmonization within the EEC of regulations harmonize and equate European transport rates thus on transport and of the corresponding carriage encouraging free competition in accordance with the rates economic logic and the political and social desirability of a genuine Common Market?
Whereas,
— when it adopted resolution 1-90/80 on the Northern Adriatic, the European Parliament recognized the vital Community interest in a European transport route towards the south for land links to the Adriatic ports and onward transport by sea to the Middle East, Africa and the countries east of Suez, with particular reference to the entry of Greece into the EEC; WRITTEN QUESTION No 1423/80
— this southern route would lead to substantial energy by Mrs Ewing savings by shortening distances and transport times to the Commission of the European Communities as compared with the traditional routes; (6 November 1980) — preferential transport rates continue to exist for the benefit of the ports of Northern Europe, such as the Obersee Ausnahmetariffe (exceptional overseas Subject: Cartel of Scandinavian newsprint producers rates) charged by the German railways and already recognized in the Treaties of Rome for reasons resulting from previous events of war and whereas Will the Commission give details of their investigation of these rates should already then have been extended the Cartel involving Scandinavian newsprint producers, to the southern ports which had likewise been and the steps they propose to take to deal with this devastated; matter?
— this disparity between transport rates is one reason which still makes it difficult for traffic between No C 347/6 Official Journal of the European Communities 31. 12. 80
WRITTEN QUESTION No 1425/80 provision of services by private firms, to prevent penalties being imposed unjustly for actions resulting by Mrs Ewing from the inability to fulfil legal obligations, particularly to the Commission of the European Communities in view of the fact that social legislation and the relevant (6 November 1980) derogations and exemptions should be applicable to all transport workers irrespective of whether they are employed in the public or private sector?
Subject: Spanish fleet Does the Commission not agree that it would be desirable to specify that the control of vehicles should be interpreted in a technical rather than a legal sense, so as In view of the fact that members of the Spanish fleet fish to make it clear that the public authorities, which issue in EEC waters at present, what proposals does the instructions on how and when refuse collection services Commission have to ensure that on Spain's entry to the are to be provided, are in fact the users of vehicles Community, the Spanish fleet will not cause hardship to assigned to the collection and transportation of refuse? coastal fleets?
WRITTEN QUESTION No 1427/80 WRITTEN QUESTION No 1426/80 by Mr Fanton by Mr Sassano to the Commission of the European Communities to the Commission of the European Communities (6 November 1980) (6 November 1980)
Subject: Imports of French apples into West Germany
Subject: Tachographs for public services Can the Commission say what colour apples must be in order to be acceptable for importation by West Germany, given that most of the apples available on Pursuant to Article 4 (4) of Regulation (EEC) No European markets at present are green, indicating that 543/69 (i) as amended by Regulation (EEC) No their ripeness cannot be judged by their colour? 2827/77 (2), 'vehicles which are used by other public authorities for public services and which are not in What measures does it intend to take to resolve this competition with professional road hauliers' do not have Franco-German disagreement? to be fitted with tachographs.
Given that:
— in Judgment No 47/79 the Court of Justice handed down a restrictive interpretation of the rules specifying that exemption should cover 'only vehicles which are owned by, or under the control of the WRITTEN QUESTION No 1431/80 public authorities'; by Mr Davern — and that as a result of this judgment a difference in to the Commission of the European Communities treatment was created between public undertakings (6 November 1980) and private firms in this sector which caused the latter considerable inconvenience, impeded the operation of the services and reduced their ability to Subject: German study of EEC beef market cater for the real requirements of the community. Does the Commission agree with the recent findings Can the Commission state whether it intends to take the reached by the German Ministry of Agriculture on the appropriate steps to remove the obstacles to the efficient EEC beef market:
(') OJ No L 77, 29. 3. 1969, p. 49. 1. The high level of intervention buying is contradicted (:) OJ No L 334, 24. 12. 1977, p. 2. by a high rate of imports; 31. 12. 80 Official Journal of the European Communities No C'347/7
2. Current beef import arrangements should be totally contracts, advertised in the Official Journal of the revised; European Communities during the six months from 1 July to 31' December 1979, indicated that tender 3. GATT quotas relating to beef are outdated since documents were to be collected from the authority imports originally intended to be low grade advertising the tender? manufacturing beef are now almost entirely high grade fillets and sirloins specially geared for the catering trade and that the EEC is capable of meeting 2. Can the Commission break these figures down by this type of market itself; country of origin?
4. Import licences are granted on the basis of previous years' deliveries which can be sold on the basis of 3. In the case of those tenders requiring that the £ Irl 1 • 20 — £ Irl 2 • 20 per kilogram of beef covered documents be collected by the person wishing to by the licence and that the EEC is sacrificing a clear submit a tender, would the Commission agree that profit which goes instead to the licence holder? asking potential tenderers to collect documents is unreasonable and constitutes a restriction on competition?'
Some 3>/2 months later I received the following answer: WRITTEN QUESTION No 1435/80 by Mr Radoux to the Commission of the European Communities 'Contracting authorities wishing to award a public (6 November 1980) supply contract by open procedure under the provisions of Directive 77/62/EEC of 21 December 1976 are required to state in the contract notice Subject: Accession of Spain and Portugal published in the Official Journal of the European Communities the name and address of the service At the end of his official visit to Madrid at the beginning from which the contract documents may be of last October, Mr Jenkins, President of the requested. Article 10 (2) of that Directive specified Commission, is reported to have said that it was natural moreover that, provided they have been requested in that Spain and Portugal should join the Community at good time, the contract documents and supporting the same time. documents must be sent to the supplier by the contracting authority or competent department If this report is correct, would President Jenkins give his within four working days of receipt of the reasons for adopting this point of view? application.
In cooperation with Member State authorities and the Advisory Committee for Public Contracts, the Commission periodically reviews the conformity of the content of contract notices published in the WRITTEN QUESTION No 1439/80 Official Journal of the European Communties. The by Mr Balfe objective of the exercise is to ensure to the extent possible that errors or indications potentially to the Commission of the European Communities misleading to uninformed Community suppliers, for (6 November 1980) example on the point raised by the Honourable Member, are avoided in the future.'
Subject: Coordination procedures for the award of public supply contracts It will be observed that none of the figures asked for in On 9 June 1980, I put down the following points 1 and 2 are supplied in the answer. question (x):
'1. Can the Commission state, with reference to Can the Commission supply the figures asked for in the Directive 77/62/EEC (2), in how many cases original question?
(!) Written Question No 547/80 (OJ No C 255, 2. 10. 1980, p. 9. n OJ No L 13, 15. 1. 1977, p. 1. No C 347/8 Official Journal of the European Communities 31. 12. 80
WRITTEN QUESTION No 1441/80 WRITTEN QUESTION No 1442/80 by Mr Diana by Mr Sassano to the Commission of die European Communities to the Commission of die European Communities (6 November 1980) (6 November 1980)
Subject: The market in live trees and other plants Subject: Energy saving Can the Commission indicate how much progress has been made in implementing the principles contained in 1. Does the Commission know the total amount of Regulation (EEC) No 234/68 on the common electricity consumed in lighting motorways in the organization of the market in live trees and other countries of the EEC? plants (i) and in Regulation (EEC) No 3280/75 on the application of protective measures (2)? Could it at the same time specify what measures it intends to take in 2. Given that it is essential to illuminate motorway order that work may be resumed by the consultative exits does not the Commission regard the lighting of long committee, which has been inactive since the beginning sections of motorway as an unnecessary waste? of 1980 (despite repeated representations from the professional bodies concerned) without any explanation for such a prolonged period of inactivity? 3. Since cars travelling along dark roads also used by pedestrians have their own systems of illumination, does not the Commission feel that it would be possible to (!) OJ No L 55, 2. 3. 1968, p. 1. 2 establish a common restrictive standard in this area, not ( ) OJ No L 326, 18. 12. 1975, p. 4. least because this would lead to reduced speeds and therefore to a saving in petrol consumption? 31. 12. 80 Official Journal of the European Communities No C 347/9
COMMISSION
Call for tenders concerning on-the-spot verification of costs and expenses relating to the execution of research contracts
The Commission of the European Communities proposes to arrange for work relating to the verification of costs and expenses relating to the execution of Community research programmes carried out through contracts to be discharged by persons, firms or companies with a specialized knowledge of this work.
Persons, firms or companies established in the Community who wish to tender for this work should submit their tenders to the following address:
Commission of the European Communities, Directorate-General for Research, Science and Education, Contract Service, XII/B/4, Rue de la Loi 200, B-1049 Brussels.
Tenderers may submit their tenders either:
(a) by post, or (b) by delivering them to the Secretariat of the Contracts Service, Square de Meeus 8, First Floor, Room 37, B-1040 Brussels.
Tenders should preferably be submitted by post, and must be sent by registered post. Tenders must be received not later than 27 February 1981 (up by 5.00 p.m. if submitted in accordance with (b) above).
Tenders must be submitted in two envelopes. Both envelopes must be sealed. In addition to indicating the service to which it is addressed, as stated in the call for tenders, the inner envelope must be marked: 'Call for tenders No 1 of DG XII-B-4. Not to be opened by the registry'.
Self-adhesive envelopes which can be opened and resealed without leaving any signs of opening must not be used.
Tenders must be submitted on the standard reply form. The form and the particulars on the call for tenders may be obtained on written application to the above address.
All tenders submitted shall be deemed to constitute an acceptance of the provisions laid down in the contract annexed to the particulars.
The Commission reserves the right to enter into a contract with the persons, firms or companies of its choice.
Tenderers will be informed of the outcome of their tenders. No C 347/10 Official Journal of the European Communities 31. 12. 80
Award of aid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund
(Regulation (EEC) No 355/77)
Second and last instalment for 1980
In accordance with Article 16 (3) of Regulation (EEC) — the project did not concern the marketing of the No 355/77 (i), an amount of 80 million European units products set out in Annex II to the Treaty or the of account is included in the 1980 budget for the production of the processed products set out in that financing of individual projects. To this amount must be Annex, in accordance with Article 7; added an amount of 2 141 163 EUA not allocated in — the projects fell within the field of application 1979 and therefore carried forward to 1980. In addition, of Directives 72/159/EEC, 72/160/EEC or for projects situated in the Mezzogiorno, the 72/161/EEC (5). Lanquedoc-Roussillon region and for the wine sector in five other Departments of France, an amount of 42 These findings have been notified to the applicants million EUA is included in the 1980 budget in concerned and to the relevant Member States. accordance with Article 3 of Council Regulation (EEC) No 1361/78 of 19 June 1978, modifying Regulation Of the 1 044 applications considered to meet the formal (EEC) No 355/77 (2). To this amount must be added an requirements, the Commission has decided not to grant amount of 8 015 509 EUA not allocated in 1979 and aid from the Fund to 36 projects because they do not carried forward to 1980. Finally, in accordance with comply with the criteria of Regulation (EEC) No 355/77. Article 19 of Council Regulation (EEC) No 1820/80 of The Commission decisions refusing the granting of aid 24 June 1980 for the stimulation of agricultural have been notified to the Member States concerned and development in the less favoured areas of the west of also to the applicants. Ireland (3), an amount of eight million EUA is available for 1980. Among the 1 008 projects remaining and considered to comply with the conditions of Regulation (EEC) No To these three amounts must be added monies recovered 355/77, 187 have already been granted aid from the following the cancellation of projects previously Fund. The 821 projects remaining represent a demand awarded aid. for aid of over 200 million EUA. The Commission has already granted awards totalling Having consulted the Fund Committee on the financial respectively about 39 835 000,17 226 000 and 620 000 aspects, particularly on the funds available, and having EUA on 30 June 1980 (4). received the opinion of the Standing Committee on Agriculture Structures, together with the opinion of the In accordance with the provisions of Article 13 (1) of Standing Committee for the Fishing Industry in relation Regulation (EEC) No 355/77, 714 applications were to projects in the fishing sector, the Commission has submitted through the Member States before 1 May chosen, for the second Tranche of 1980, 285 applications 1980 and in accordance with the provisions of Article 24 for aid, representing a subsidy amounting to 74 401 274 (3), 383 projects not selected because of the lack of funds EUA within the framework of the general provisions, 78 available in 1979 were carried over. The total number of applications for aid, representing a subsidy amounting to applications submitted for 1980 therefore amounts to 34 054 766 EUA within the framework of the funds 1 097, of which 26 have been withdrawn or abandoned. reserved for the Mediterranean zones, and 16 projects in the west of Ireland. It has also been decided to increase Of the 1 071 applications remaining, 27 have been the aid of four projects located in the west of Ireland considered not to meet the formal requirements of which were not able to benefit from aid at the favourable Regulation (EEC) No 355/77 for one other of the rate when they were chosen on 30 June 1980; the following reasons: amounts for the west of Ireland projects total 7 049 719 EUA. — the project did not receive a favourable opinion from the Member-State in whose territory the project is to The projects chosen to receive aid, which are set out in be carried out, in accordance with Article 13 (3) of the attached list, seem to the Commission to be most in the Regulation; the interest of the Community. — the information given was clearly inadequate to allow an evaluation of the project for its conformity In accordance with Article 19 of Regulation (EEC) No with the conditions of the Regulation; 355/77, the decisions on the granting of aid to the projects indicated hereafter have been notified to the relevant Member States and also to the beneficiaries. (') OJ No L 51, 23. 2. 1977, p. 1. (2) OJ No L 166, 23. 6. 1978, p. 9. (s) OJ No L 96, 23. 4. 1972. (3) OJ No L 180, 14.7. 1980, p. 1. n OJ No C 218, 26.8.1980, p. 6. 31. 12. 80 Official Journal of the European Communities No C 347/11
BELGIUM
No Title
B/27/80 Construction of a storage hall and modernization of the plant in a potato processing factory in Leuze, Hainaut B/30/80 Extension of a fruit and vegetable market at Hoogstraten, Antwerp B/47/80 Construction of a meat processing centre at Liege B/50/80 Construction of a meat cutting plant in Antwerp B/53/80 Construction of a meat cutting plant in Sint-Lievens-Houtem, East Flanders B/54/80 Extension of a potato processing plant in Veurne, West Flanders B/55/80 Construction of a meat products factory in Ghent, East Flanders B/60/80 Extension of a factory for processing potatoes into croquettes and pre-cooked chips in Proven-Poperinge, West Flanders B/72/80 Extension of a dairy in Schoten, Antwerp B/79/80 Extension of the creamery at Nazareth, East Flanders B/87/80 Establishment of a cheese factory at Wervik, West Flanders B/89/80 Reorganization of the dairy industry in south-west Brabant: extension and modernization of the dairy at Herfelingen, Brabant
DENMARK
No Title
DK/2/80 Reorganization and rationalization of processing of cod and saith, Glyngere near Roslev DK/3/80 Cold store for mackerel and consequential investments, Saby - North Jutland DK/22/80 Modernization and expansion of capacity at a fish processing plant at Nex0, Bomholm DK/23/80 Expansion of production and freezing capacity at fish processing plants on Laese and at Frederikshavn, Jutland DK/24/80 Extension of a fish processing plant at Hirtshals, Jutland DK/43/80 Modernization of a slaughterhouse at Slagelse, Zealand DK/52/80 Extension and modernization of a liquid milk dairy at Snejbjerg, Jutland DK/57.1/80 Expansion and modernization of cheese production at a dairy at Branderup, Jutland DK/58/80 Modernization and transfer of cheese production to a dairy at F&borg, Funen DK/63/80 The construction of a hall for the reception, treatment and dispatching of pot plants at Odense, Funen DK/64/80 Expansion of a fruit and vegetable store at Kolding, Jutland DK/65/80 Construction of a reception and dispatching hall for pot plants and an office building at Odense, Funen DK/72/80 Expansion of freezing and packing capacity at a fish processing plant at Esbjerg, Jutland
GERMANY
No Title
D/l/80 Modernization of a fruit and vegetable marketing station at Soest, North Rhine-Westphalia D/2/80 Establishing a reception and processing station for seed maize at Heitersheim, Baden-Wiirttemberg D/4/80 Enlargement of capacity for receiving, processing and storing quality cereals at Brackenheim, Baden-Wiirttemberg No C 347/12 Official Journal of the European Communities 31. 12. 80
No Title
D/5/80 Construction of a centre for the reception, treatment and storage of quality cereals at Hohberg, Baden-Wiirttemberg D/6/80 Enlargement of the storage and treatment capacities for quality cereals at Bad Kroningen-Tunsel, Baden-Wiirttemberg D/7/80 Expansion, modernization and rationalization of a winery in Ebringen, Baden-Wiirttemberg (fourth phase) D/8/80 Expansion and modernization of a winery in Wettelbrunn, Baden-Wiirttemberg D/9/80 Extension and modernization of a processing station for hybrid seed maize at Bad Krozingen-Schlatt, Baden-Wiirttemberg D/ll/80 Enlargement and modernization of a fruit juice factory at Boll, Baden-Wiirttemberg D/12/80 Extension and modernization of a wine cooperative at Schwaigern, Baden-W iirttemberg D/15/80 Modernization and conversion of the small livestock market hall in the municipal slaughterhouse and market at Frankfurt, Hessen D/16/80 Enlargement of the capacity for reception, treatment and storage of quality cereals at Hardthausen-Kocher, Baden-Wiirttemberg D/17/80 Extension to the grape reception and processing plant in the Lehrensteinsfeld wine cooperative, Baden-Wiirttemberg D/18/80 Expansion of a winery in Ostringen-Tiefenbach, Baden-Wiirttemberg (second phase) D/19/80 Enlargement of the capacity for reception, treatment and storage of quality cereals in the Zeutern suburb of Ubstadt-Weiher, Baden-Wiirttemberg D/21/80 Expansion and modernization of a winery at Heitersheim, Baden-Wiirttemberg (fourth phase) D/22/80 Extension and modernization of a wine cooperative at Offenburg, Baden-Wiirttemberg D/23/80 Expansion and modernization of a winery in Leonberg-Eltingen, Baden-Wiirttemberg D/25/80 Extension and modernization of a still wine and sparkling wine plant in Stuttgart-Bad Cannstadt, Baden-Wiirttemberg (second phase) D/26/80 Expansion, rationalization and modernization of a winery in Baden-Baden, Baden-Wiirttemberg (fourth phase) D/27/80 Construction of a crab processing plant in Husum, Schleswig-Holstein D/28/80 Modernization and extension of storage facilities for fruit and vegetables at Igensdorf, Bavaria D/29/80 Enlargement of storage for cereals at Billigheim, Baden-Wiirttemberg D/31/80 Expansion, modernization and rationalization of a winery in Laufen, Baden-Wiirttemberg (fourth phase) D/32/80 Expansion of the Brackenheim-Neipperg-Haberschlacht winery, Baden-Wiirttemberg (fourth phase) D/33/80 Enlargement and modernization of a fruit juice factory at Neuhausen, Baden-Wiirttemberg D/35/80 Enlargement, modernization and rationalization of a sauerkraut factory at Grevenbroich, North Rhine-Westphalia D/37/80 Building a plant store and dispatch building at Halstenbek, Schleswig-Holstein D/38/80 Enlargement and modernization of a fruit juice factory at Burgstetten-Kirschenhardhof, Baden-Wiirttemberg D/39/80 Enlargement of capacity for reception and storage of quality cereals at Herbolzheim, Baden-Wiirttemberg D/40/80 Enlargement of the capacity for reception, treatment and storage of quality cereals at Aglasterhausen, Baden-Wiirttemberg D/41/80 Enlargement of the capacity for reception, treatment and storage of quality cereals at Bad Krozingen, Baden-Wiirttemberg D/42/80 Construction of a building for plant storage and dispatch at Rellingen, Schleswig-Holstein 31. 12. 80 Official Journal of the European Communities No C 347/13
No Title
D/43/80 Construction of a new seed preparation centre at Wesselburen, Schleswig-Holstein D/44/80 Enlargement, modernization and rationalization of a vegetable pickling factory at Arnstorf, Bavaria D/45/80 Construction of a building for storage and grading of plants at Halstenbek, Schleswig-Holstein D/46/80 Installation of a bottling line at the Rotenberg winery, Baden-Wiirttemberg D/47/80 Enlargement, modernization and rationalization of a pickling factory at Straelen-Herongen, North Rhine-Westphalia D/48/80 Rationalization of the wine cooperative at Beckstein, Baden-Wiirttemberg (fifth phase) D/50/80 Enlargement and modernization of an Emmental cheese factory at Leupolz, Baden-Wiirttemberg D/51/80 Enlargement, modernization and rationalization of a vegetable pickling factory at Mamming, Bavaria D/52/80 Extension and modernization of the storage capacity in the wine-growers cooperative at Uhlbach, Baden-Wiirttemberg D/53/80 Enlargement and rationalization of a vegetable pickling factory at Sennfeld, Bavaria D/54/80 Extension of the building for handling fruit and vegetables and addition to the machinery at the producer wholesale market at Bruchsal, Baden-Wiirttemberg D/55/80 Construction of a new meat-cutting plant at Essen/Oldenburg, Lower Saxony D/56/80 Addition of a meat-cutting hall with chilling rooms to the Mengen slaughterhouse in Baden-Wiirttemberg D/57/80 Extension of the municipal slaughterhouse at Alsfeld, Hessen D/58/80 Enlargement and modernization of a fruit juice factory at Balingen, Baden-Wiirttemberg D/59/80 Moving, enlargement and modernization of a fruit juice factory at Unterriexingen, Baden-Wiirttemberg D/61/80 Setting up of facilities for reception, treatment and storage of quality cereals at Ravensburg, Baden-Wiirttemberg D/62/80 Enlargement and modernization of a fruit juice factory at Aspach-Grossaspach, Baden-Wiirttemberg D/63/80 Enlargement of facilities for reception and storage of quality cereals at Rosenberg, Baden-Wiirttemberg D/65/80 Extension and modernization of the cutting plant in the Stuttgart slaughterhouse, Baden-Wiirttemberg D/66/80 Extension and rationalization of a wholesale fruit market at Tettnang, Baden-Wiirttemberg D/70/80 Extension of a collection and marketing plant at Vogtsburg-Oberrotweil and installation of cold stores for fruit and vegetables in Freiburg, Baden-Wiirttemberg D/71/80 Construction of a seed maize collection and treatment plant at Heitersheim, Baden-Wiirttemberg (first investment phase) D/73/80 Extension of the storage and processing capacity of a wine plant at Wiesloch, Baden-Wiirttemberg (third phase) D/76/80 Extension of the reception, preparation and storage capacitites for quality cereals at Vaihingen-Enzweihingen, Baden-Wiirttemberg D/77/80 Extension of the reception facilities for quality cereals at Grundsheim, Baden-Wiirttemberg D/78/80 Extension, modernization and rationalization of a wine cooperative at Burkheim, Baden-Wiirttemberg (fifth phase) D/79/80 Extension of reception, processing and storage capacity for quality cereals at Krauchenwies-Goggingen, Baden-Wiirttemberg D/81/80 Extension of a wine plant at Hessigheim, Baden-Wiirttemberg (fourth phase) D/82/80 Extension of the storage capacity for quality cereals at Helmstadt/Bargen, Baden-Wiirttemberg D/87/80 Construction of a collection hall for fruit and vegetables at Weinheim-Bergstrasse, 1 Baden-Wiirttemberg No C 347/14 Official Journal of the European Communities 31. 12. 80
No Title
D/90/80 Extension of a cheese factory at Wangen, Allgau, Baden-Wiirttemberg (first phase) D/91/80 Increase in the capacity of the reception equipment for quality cereals in the stores at Sinsheim and Bad Rappenau, Baden-Wiirttemberg D/92/80 Extension of a grape collecting and processing plant at Bonnigheim, Baden-Wiirttemberg (fifth phase) D/95/80 Extension of the wine-cooperative at Lauffen, Baden-Wiirttemberg (fourth phase) D/97/80 Extension and modernization of the municipal slaughterhouse in Crailsheim, Baden-Wiirttemberg (second phase) D/98/80 Extension of the storage capacity and additions to the technical equipment of a wine cooperative at Hessigheim, Baden-Wiirttemberg (fifth phase) D/99/80 Expansion of the storage and processing capacities for quality cereals at Oberderdingen', Baden-Wiirttemberg D/100/80 Extension and rationalization of a wholesale fruit market at Kressbronn, Baden-Wiirttemberg D/101/80 Expansion of the reception, processing and storage capacities for quality cereals at Hirschberg-GroSsachsen, Baden-Wiirttemberg D/102/80 Expansion of the reception, processing and storage capacities for quality cereals at Hechingen, Baden-Wiirttemberg D/103/80 Expansion and modernization of the reception, processing and storage capacities for quality cereals at Krautheim, Baden-Wiirttemberg D/107/80 Equipping of a central depot for fresh milk products at Ochsenfurt, Bavaria D/108/80 Extension, modernization and rationalization of a vegetable preserve factory at Steindl, Bavaria D/l 10/80 Modernization and rationalization of a cheese factory in Aichach, Bavaria D/l12/80 Extension and modernization of a preserves factory at Schwandorf, Bavaria D/l13/80 Modernization of a cheese factory at Hartkirchen and of a branch in Tittling, together with acquisition of farm milk chilling plant, Bavaria D/11S/80 Extension of a storage and processing plant for fruit and fruit juice in Moers-Kapellen, North Rhine-Westphalia D/l17/80 Extension of the processing plant for fruit and vegetables Bornheim-Waldorf, North Rhine-Westphalia D/l18/80 Extension and rationalization of a preserves factory at Straelen-Herongen, North Rhine-Westphalia D/l19/80 Extension and rationalization of marketing facilities for flowers and ornamental plants at Neuss and Bottrop, North Rhine-Westphalia D/l20/80 Construction of a marketing depot for a dairy at Essen-Horst, North Rhine-Westphalia D/123/80 Construction of a sales and marketing centre with a large cold room for dairy products in Essen, North Rhine-Westphalia D/132/80 Construction of a marketing centre for roses in Sparrieshoop, Schleswig-Holstein D/135/80 Construction of a new processing and dispatching centre for nursery products in Barmstedt, Schleswig-Holstein D/140/80 Rationalization of marketing facilities for horticulture products in Stuttgart, Baden-Wiirttemberg D/149/80 Construction of a fruit and vegetable market at Bornheim, North Rhine-Westphalia D/151/80 Construction of a potato store in Ventschau, Lower Saxony D/154/80 Construction of a vegetable store in Neuburg, Bavaria D/l 57/80 Expansion of the Allgau dairy, Neuravensburg, Baden-Wiirttemberg D/158/80 Expansion of a dairy at Isny, Baden-Wiirttemberg D/l 5 9/80 Rationalization and modernization of cheese plants at Sonthofen and Zollhaus, Bavaria 31. 12. 80 Official Journal of the European Communities No C 347/15
No Title
D/160/80 Expansion and modernization of the Merziger fruit juice plant, Saarland D/161/80 Expansion of production and storage capacity and modernization of a cooperative winery at Erpolzheim, Rheinland-Pfalz D/162/80 Construction of a seed potato store in Carolinensiel (Wittmund), Lower Saxony D/163/80 Construction of a cattle market at Cham, Bavaria
FRANCE
No Title
F/l/80 Transfer of the premises of a mixed agricultural cooperative at Morlaix, Finistere F/3/80 Modernization of eleven fruit packing stations in Vaucluse and Bouches-du-Rhone F/8/80 Modernization and extension of a cider factory at Livarot, Calvados F/15/80 Restructuring of units for the production and ripening of sheep cheese at St Affnque, Aveyron; and Larceveau, Pyrenees-Atlantiques F/18/80 Construction of a flax scutching plant at St Pierre Viger, Seine-Maritime F/19/80 Establishment of a frozen pineapple plant at Lamentin, Martinique F/28/80 Construction of a storage, packaging and marketing centre for nursery products at St-Cyr-en-Val, Loiret F/33/80 Construction of a cooked meats factory at Maclas, Loire F/35/80 Construction of a seed station at Reignac, Indre-et-Loire F/45/80 Extension of a cider works at Pleudihen-sur-Rance, Cotes-du-Nord . F/46/80 Construction of a pig slaughterhouse at Plouaret, Cotes-du-Nord F/51/80 Extension and modernization of a fruit-packing station at Gardonne, Dordogne F/52/80 Installation of facilities for making sparkling wine at Beaune, Cote d'Or F/53.1/80 Restructuring of the milk industries at Flogny-la-Chapelle, Mailly-la-Ville and Chablis, Yonne; le Thil, Seine-Maritime; St Jean a'Asnieres, Eure; and St Desir-de-Lisieux, Calvados F/55/80 Installation of cellars for the finishing of white wines at Bordeaux, Gironde F/59/80 Modernization and extension of meat processing and pork butchery factories at Cuiseaux, Saone-et-Loire; Annecy, Haut-Savoie; Balanod, Jura; and St Chamond, Loire F/64/80 Construction of a cattle market at Rabastens-de-Bigorre, Hautes-Pyrenees F/66/80 Restructuring of dairies at Vire (Calvados) and Saint-Meen-Le-Grand, Ille-et-Vilaine F/72/80 Construction of a beef and veal cutting plant at Surgeres, Charente-Marifime F/74/80 Construction of a station for deep-freezing fruit at Port-Ste.-Foy, Dordogne F/77/80 Extension of preserved meat factories at St Meen and Pontivy, Ill-et-Vilaine and Morbihan F/81/80 Modernization of the Cavalon distillery at Maubec, Vaucluse F/84/80 Extension of a fruit-packing station at St-Laurent-D'Agny, Rhone F/8-5/80 Construction of a bottling and packaging centre at St-Vincent-De-Pertignas, Gironde F/87/80 Extension of a fruit station at Salaise-sur-Sanne, Isere No C 347/16 Official Journal of the European Communities 31. 12. 80
No Title
F/88/80 Extension of a slaughterhouse and cutting plant at St Jean Brevelay, Morbihan F/91/80 Construction of a slaughterhouse at Sainte-Eanne, Deux-Sevres F/95.1/80 Extension and modernization of four meat processing units at Peyrolles, Provence, and at Pelisanne, Bouches-du Rhone; St Affrique, Aveyron; and Ste. Sigolene, Haute Loire F/101/80 Extension and modernization of a seed station at Rethel, Ardennes F/125/80 Modernization of three fruit-packing stations at St Sernin, Bourg St Andeol and Les Vans, Ardeche F/126/80 Extension and modernization of a slaughterhouse and cutting plant at Vitre et Liffre, Ille-et-Vilaine F/132/80 Modernization of a fruit station at Isle-sur-Sorgues, Vaucluse F/135/80 Extension of a bottling unit and storage depot at St Laurent de Vignes and Lamonzie St Martin, Dordogne F/137/80 Construction of a winery (red wine) at Monbazillac, Dordogne F/139/80 Modernization of a cooperative winery at St Vivien-et-Bonneville, Dordogne F/140/80 Extension of the cooperative winery at Sigoules, Dordogne F/141/80 Modernization of the wine-making cooperative at Rauzan, Gironde F/153/80 Extension and modernization of a centre for the market preparation of nuts at St Aulaire-Objat, Correze F/154/80 Construction of a chestnut processing plant at Objat, Correze F/157/80 Improvement of four auction markets and a union headquarters in Pas-de-Calais and the North F/29/80 Construction of a market garden seedling centre in Perpignan, Pyrenees-Orientales F/31/80 Building of a cheese factory at le Malzieu-Ville, Lozere F/34/80 Extension and modernization of a seed treatment centre at Castelnaudary, Aude F/47/80 Modernization of four cooperative wineries in the Libron region, Herault F/48/80 Modernization of nine cooperative wineries in the Olonzac region, Herault F/49/80 Modernization of six cooperative wineries and establishment of a bottling plant in the Aumelas region, Herault F/69/80 Extension of a cooperative wine store and modernization of six wineries in the Department of Drome F/71/80 Extension and modernization of a cooperative winery at Die, Drome F/83/80 Modernization of 11 wineries in he region of Peyriac Minervois, Aude F/86/80 Modernization of the cooperative winery at Trouillas, Pyrenees-Orientales F/89/80 Extension of bottling premises at La Tour d'Aigues, Vaucluse F/94/80 Modernization of wine treatment facilities at Villeroy-Sete, Herault; and Jarras-Aigues Mortes, Card F/95.2/80 Extension and modernization of a meat processing factory at Vauvert, Card F/96/80 Modernization of two cooperative wineries and one association at Arzens, Routier and Montreal de l'Aude, Aude F/98/80 Modernization of two wine cooperatives and one wine union at Bagnols-sur-Ceze, Chusclan, and Laudun, Card F/99/80 Extension and modernization of a fruit centre at Pont St Esprit, Card F/100/80 Extension and modernization of a fruit and vegetable centre at Manduel, Card F/103/80 Modernization of wine-making facilities at Perpignan, East Pyrenees F/104/80 Extension and modernization of a fruit and vegetable centre at Marquixanes-, Pyrenees Orientales F/105/80 Modernization of a fruit and vegetable centre at Rivesaltes, Pyrenees Orientales F/106/80 Extension and modernization of a fruit centre at Corneilla de Conflent, Pyrenees Orientales 31. 12. 80 Official Journal of the European Communities No C 347/17
No Title
F/107/80 Extension and modernization of a fruit and vegetable centre at Elne, Pyrenees Orientales F/108/80 Modernization of a fruit and vegetable centre at Bompas, Pyrenees Orientales F/109/80 Extension and modernization of a fruit and vegetable centre at Prades, Pyrenees Orientales F/110/80 Modernization of a fruit and vegetable centre at Perpignan, Pyrenees Orientales F/l11/80 Modernization of a fruit and vegetable station at Villelongue-la-Salanque, Pyrenees Orientales F/l12/80 Modernization of a fruit and vegetable station at Elne, Pyrenees Orientales F/l13/80 Extension and modernization of the fruit and vegetables station at Prades, Pyrenees Orientales F/l14/80 Extension and modernization of a fruit and vegetable station at Perpignan, Pyrenees Orientales F/l15/80 Extension and modernization of a fruit station at Baho, Pyrenees Orientales F/l17/80 Extension and modernization of a fruit and vegetable station at Thuir, Pyrenees Orientales F/l 19/80 Modernization of an association and four cooperative wineries in the region of Banyuls, Pyrenees Orientales F/120/80 Modernization of six cooperative wineries in the Berange region, Herault F/121/80 Modernization of a cooperative winery at Laroque Ganges, Herault F/l22/80 Modernization of eight wine cooperatives in the La Thongue, Herault F/123/80 Modernization of a cooperative winery at Meze, Herault F/l24/80 Modernization of four cooperative wineries in the Ceressou, Herault F/127/80 Modernization of two cooperative wineries at Laudun and St Victor La Coste, Card F/131/80 Modernization of a winegrower's union and a cooperative winery at Valreas and Richerenches, Vaucluse F/142/80 Modernization of a cooperative winery at Bellegarde, Card F/143/80 Modernization of four cooperative wineries in the region of Mont Bonquet, Card F/l44/80 Modernization of seven cooperative wineries in the region of St-Comes-et-Maruejols, Card F/145/80 Modernization of three cooperative wineries in the Coteaux Flaviens, Card F/146/80 Modernization of a union and of four cooperative wineries in the Coteaux-du-Pont-du-Gard, Card F/l47/80 Extension of wine storage and bottling facilities at St Felix de Lodez, Herault F/151/80 Modernization of seven wineries in the region of Uzege, Card F/155/80 Extension of a fruit and vegetable cannery at St Esteve, Pyrenees Orientales
IRELAND
No Title
IRL/8/8 0 Modernization of dairy processing facilities at Grenagh, Co. Cork IRL/15/80 Provision of beef processing facilities at Tullynamara, Lough Egish, Co. Monaghan No C 347/18 Official Journal of the European Communities 31. 12. 80
No Title
IRL/18/80 Modernization of a vitamin and mineral plant at Cahir, Co. Tipperary IRL/22/80 Provision of facilities for improving the centralized marketing of dairy products in Dublin IRL/24/80 Provision of improved dairy processing facilities at Ballyragget, Co. Kilkenny IRL/33/80 Modernization of dairy processing facilities at Dungarvan, Co. Waterford IRL/43.1/80 Provision of additional facilities for the manufacture of animal feeding stuffs, drying and storage of grain in Maynooth, Co. Kildare IRL/46/80 Provision of additional pigmeat processing facilities at Evergreen Road, Cork IRL/47/80 Provision of additional dairy processing facilities at Ballyragget, Co. Kilkenny IRL/50/80 Provision of additional facilities at a liquid milk plant at Drogheda, Co. Louth IRL/52.1/80 Provision of grain drying, storage, handling and transport facilities at various locations in countries Carlow, Kildare, Kilkenny, Laois and Tipperary IRL/59.1/80 Provision of additional milk processing facilities at three locations near Mitchelstown, Co. Cork IRL/63/80 Modernization of milk processing facilities at Athboy, Co. Meath IRL/73/80 Modernization of liquid milk processing facilities at Cobh, Co. Cork IRL/75/80 Modernization of liquid milk processing facilities at Slane, Co. Meath IRL/76/80 Construction of a cheese factory and modernization of milk processing facilities at Tipperary IRL/77/80 Modernization of pigmeat processing facilities at Clonmel, Co. Tipperary IRL/79.1/80 The establishment of additional grain storage and drying facilities at Mitchelstown and Imokilly, Co. Cork 1RL/83/80 Modernization of meat processing facilities at Kildare IRL/85/80 Provision of liquid milk processing facilities at Clonakilty, Co. Cork IRL/89/80 Modernization of a fish processing plant at Rathdown, Co. Dublin IRL/2/80 Modernization of liquid milk processing facilities at Oranmore, Co. Galway IRL/7/80 Modernization of liquid milk processing facilities at Rinkippen, Tuam, Co. Galway IRL/11/80 Modernization of poultry processing facilities at Cootehill, Co. Monaghan IRL/13/80 Modernization of pigmeat processing facilities at Clones, Co. Monaghan IRL/20/80 Modernization of provender milling facilities at Lifford, Co. Donegal IRL/25/80 Modernization of pigmeat processing facilities at Tralee, Co. Kerry IRL/27/80 Modernization of provender milling facilities at Ruskey, Newtowncunningham, Co. Donegal 1RL/31/80 Modernization of provender milling facilities at Tullynahinera, Co. Monaghan IRL/38/80 Expansion and modernization of milk processing facilities at Killygordon, Co. Donegal IRL/40/80 Modernization of milk processing facilities at Ennis, Co. Clare IRL/44/80 Modernization of provender milling facilities at Tralee, Co. Kerry IRL/48/80 Modernization and expansion of liquid milk processing facilities at Sligo IRL/54/80 Provision of a new poultry processing facility at Roscommon IRL/56/80 Provision of additional meat processing facilities at Ballyhaunis, Co. Mayo IRL/60/80 Provision of grain storage handling facilities at Feamaught, Co. Leitrim IRL/68/80 Modernization of grain storage and drying facilities at Athenry, Co. Galway IRL/72/80 Modernization of milk processing facilities at Tralee, Co. Kerry IRL/78/80 Provision of grain drying, storage and handling facilities at Ballydangen, Co. Roscommon 31. 12. 80 Official Journal of the European Communities No C 347/19
No Title
IRL/90/80 The construction of a central marketing facility for outdoor nursery at Scariff, Co. Clare IRL/91/80 The provision of additional poultry processing facilities at Smithboro, Co. Monaghan
ITALY
No Title
1/5/80 Extension and modernization of a fruit and vegetable centre in Cries, Bolzano 1/6/80 Expansion and improvement of a fruit processing centre in the commune of Merano, Bolzano 1/7/80 Purchase of fruit containers in the province of Bolzano 1/19/80 Construction of a cheese factory in the commune of Spilamberto, Modena 1/20.1/80 Provision of a cheese plant in the commune of Carpi, Modena 1/21.1/80 Construction of a cheese-making plant in the commune of Guastalla, Reggio Emilia 1/22/80 Expansion of a meat-processing centre in the commune of Carpi, Modena 1/23.1/80 building of a cheese factory in the commune of Carpi, Modena 1/24/80 Restructuring and extension to a cooperative cheese factory at Trignano di San Martino in Rio, Reggio Emilia 1/26.1/80 Expansion of a pigmeat processing centre in the commune of Reggio Emilia 1/28.1/80 Construction of a milk and cheese factory at Redu di Nonantola, Modena 1/29/80 Expansion and modernization of a slaughterhouse and meat products factory in the commune of Modena 1/38/80 Purchase and installation of machinery for the treatment and drying of chestnuts at Collegiove, Riete 1/64/80 Construction of two refrigeration chambers (each with an anteroom) and cleaning tanks, for the chilling and manufacture of fish products at Fano, Pesaro 1/65/80 Expansion and modernization of a processing plant, for fish products at Campo- filone, Ascoli Piceno 1/66/80 Enlargement of a plan for the processing and tinning of fish at Ancona, Marche 1/103.1/80 Expansion of an establishment for the harvesting, preserving and marketing of fruit and vegetable products in the commune of Massa Lombarda, Ravenna 1/104/80 Expansion and modernization of a fruit and vegetable plant in the commune of San Pietro in Vincoli, Ravenna 1/105.1/80 Enlargement of an oenological establishment in the commune of Villa Cella, Reggio Emilia 1/106/80 Expansion and modernization of a fruit and vegetable preserving plant in the commune of Massafiscaglia, Ferrara 1/107/80 Completion of refrigeration plant at a fruit and vegetable centre in the commune of Pievesestina, Forli 1/112/80 Construction and expansion of tabacco drying plants in the communes of Marciano and Lucignano respectively, Arezzo 1/122/80 Restructuring of a dairy/cheese factory at Novara 1/123/80 Development of a centre for the treatment and marketing of drinking milk in Turin 1/124/80 Construction of a market for fruit at Peveragno, Cuneo 1/126/80 Construction of a slaughterhouse for pigs and pigmeat processing facilities in the commune of Imbersago, Como 1/128/80 Modernization and expansion of a cooperative winery at Grosseto, Grosseto 1/129/80 Restructuring and expansion of a winery at Gaiole in Chianti, Siena No C 347/20 Official Journal of the European Communities 31. 12. 80
No Title
1/130/80 Further improvements to a cooperative winery in Radda in Chianti, Siena 1/136/80 Modernization of a leaf-tobacco processing plant at San Giustino Umbro, Perugia 1/137/80 Modernization and expansion of an olive oil mill in the commune of Amelia, Terni 1/138/80 Building of centres for drying and storing tobacco in the provinces of Chieti and Pescara 1/139/80 Expansion of a tobacco treatment plant in Dugenta, Benevento 1/141/80 Construction of a fruit and vegetable processing and freezing station in the commune of Teano, Caserta 1/149/80 Modernization and expansion of a cooperative cheese factory in the commune of Villanova Monteleone, Sassari 1/190/80 Construction of a unit for processing tomatoes in the commune of San Pietro Vernotico, Brindisi 1/191/80 Construction of a tomato and artichoke processing plant at San Pietro Vernotico, Brindisi 1/142.1/80 Construction of a cooperative winery in the commune of Acerenza, Potenza 1/143.1/80 Construction of a fruit and vegetable processing plant at Scanzano Ionico, Matera 1/145.1/80 Construction of a fruit and vegetable processing plant at Pisticci-Localita Macchia, Matera 1/148/80 Expansion of a winery at Jerzu, Nuoro 1/150/80 Rebuilding and expansion of a cooperative cheese factory in the commune of Arborea, Oristano 1/151/80 Modernization of a cooperative winery in the commune of Arborea, Oristano 1/152/80 Expansion and modernization of a cooperative cheese factory in the commune of Mandas, Cagliari 1/153/80 Modernization of a cooperative cheese plant at San Nicolo Gerrei, Cagliari 1/155/80 Expansion of a cooperative winery at Marrubiu, Oristano 1/156/80 Expansion and modernization of a cooperative cheese factory in the commune of Nurri, Nuoro 1/158/80 Construction of a fruit processing plant at Benestare, Reggio di Calabria 1/163/80 Expansion of a fruit and vegetable centre at Lamezia Terme, Catanzaro 1/164.1/80 Expansion of a winery in the commune of Ribera, Agrigento 1/167/80 Construction of a centre for citrus processing in the commune of Bagheria, Palermo 1/169/80 Construction of a citrus fruit processing centre in the commune of Villabate, Palermo 1/170/80 Construction of a citrus fruit processing centre in the commune of Palermo 1/173/80 Construction of a cold store and slaughterhouse at Palazzo Adriano, Palermo 1/175/80 Extension and modernization of a fish products processing centre in Palermo 1/176/80 Construction of purifying plant for mussels and rock-fill sea dam at Terracina, Latina 1/177/80 Construction of a fish products processing plant at Lamezia Terme, Catanzaro 1/178.1/80 Construction of a tunny processing works at Porto Salvo, Vibo Valentia 1/181/80 Construction of a processing centre for fish products at Gaeta, Latina 1/182.1/80 Construction of a fish products processing centre at Bellezzano, Salerno 1/184/80 Supplementary work on a fruit and vegetable centre in the commune of Fondi, Latina province 1/185/80 Expansion of a fruit and vegetable centre at Cistema di Latina, Latina 1/186/80 Extension of a cooperative winery in the commune of Cori, Latina 1/187/80 Extension of a cooperative winery in the commune of Latina 1/188/80 Expansion of a cooperative winery at Monsampaolo del Tronto, Ascoli Piceno 31. 12. 80 Official Journal of the European Communities No C 347/21
No Title
1/189/80 Expansion and improvement of a winery at Offida, Ascoli Piceno 1/193/80 Construction of a grape juice production and marketing establishment in the commune of Foggia 1/194/80 Construction of an olive oil manufacturing plant at Minervino Murge, Bari
LUXEMBOURG
No Title
L/2/80 Extension and modernization of an animal feed mill at Consdorf, Luxembourg
NETHERLANDS
No Tkle
NL/3/80 Construction and fitting out of a mollusc processing plant at Yerseke, Zeeland NL/4/80 Construction and fitting out of mollusc trading and processing premises at Yerseke, Zeeland NL/5/80 Construction and equipment of a mollusc processing plant at Yerseke, Zeeland NL/6/80 Construction and equipment of a mollusc treatment and processing plant at Yerseke, Zeeland NL/7/80 Construction and equipment of a mollusc treatment and processing plant at Yerseke, Zeeland NL/8/80 Construction and equipment of a mollusc treatment and processing plant at Yerseke, Zeeland NL/9/80 Construction and equipment of a mollusc treatment and processing plant at Yerseke, Zeeland NL/10/80 Construction and fitting out of mollusc trading and processing premises at Yerseke, Zeeland NL/11/80 Construction and fitting out of mollusc trading and processing premises at Yerseke, Zeeland NL/12/80 Modernization and expansion of a slaughterhouse in Bussum, North Holland NL/20/80 Expansion and adaptation of the cattle slaughterhall in a slaughterhouse in Leeuwarden, Friesland NL/22/80 Modernization and extension of storage chambers for hard fruit for a concern in Geldermalsen, Gelderland NL/31/80 Construction of a cheese storehouse in Bodegraven, South Holland NL/32/80 Construction of a cheese storehouse in Enkhuizen, North Holland NL/33/80 Adaptation and modernization of the public slaughterhouse in Utrecht, Utr NL/34/80 Construction and equipment of a mollusc marketing and processing plant at Yerseke, Zeeland NL/35/80 Expansion of auction facilities in Gronsveld, Limburg NL/36/80 Expansion and adaptation of a vegetable auction in Venlo, Limburg NL/37/80 Adaptation of a pig slaughterhouse in Almelo, Gelderland NL/38/80 Construction of a pig slaughterhouse in Leek, Overijssel NL/40/80 Installation of a processing line for green vegetables in Hoogeveen, Dr NL/41/80 Construction of a cheese storehouse in Kaatsheuvel, North Brabant No C 347/22 Official Journal of the European Communities 31. 12. 80
No Title
NL/42/80 Construction of a new flower auction complex at Bleiswijk, South Holland NL/44/80 Installation of a washing line to clean packaging materials for auctions in Naald- wijk, South Holland NL/46/80 Installation of a gherkin-sorting machine in Grubbenvorst, Limburg NL/47/80 Construction of a cheese storehouse in Woerden, South Holland NL/49/80 Expansion of a cheese storehouse in Bodegraven, South Holland NL/51/80 Construction of a cheese packing station at Leidschendam, Zuid-Holland NL/54/80 Construction of a cheese packing station at Leeuwarden, Friesland NL/55/80 Construction of a seed-drying plant in Vlijmen, North Brabant
UNITED KINGDOM
No Title
UK/6/80 Expansion of a grain storage and processing plant near Chichester, Sussex UK/8/80 Improvement of a milk processing plant near Uttoxeter, Staffordshire UK/21/80 Construction of meat processing facilities at Newtownards, Co. Down UK/23/80 Construction of a factory for packaging fruit and vegetables at Belfast UK/33/80 Construction of a cereals drying and storage plant near Gainsborough, Lincolnshire UK/37/80 Expansion of a horticultural products processing plant near Ormskirk, Lancashire UK/43/80 Construction of a fish processing plant at Fraserburgh, Aberdeenshire UK/52/80 Improvement of a potato processing plant at Stamford, Lincolnshire UK/63/80 Construction of a fish processing plant in Aberdeen UK/70/80 Improvement of a milk processing plant at Tenby, Dyfed UK/75/80 Provision of an offals processing plant at Poyntzpass, Co. Armagh UK/84/80 Construction of a new slaughterhouse at Gorgie, Edinburgh UK/95/80 Provision of grain export installations at Hull UK/116/80 Modernization of an abattoir at Paisley, Renfrewshire UK/121/80 Construction of a fat rendering plant at Belfast UK/133/80 Construction of grain drying and storage facilities near Micheldever, Hampshire UK/138/80 Expansion of a grain store at Tore, Ross-shire UK/140/80 Construction of a milk processing plant at East Kilbride, Lanarkshire UK/145/80 Expansion of a grain processing plant at Wingham, Kent UK/150/80 Modification of a poultrymeat processing plant at Newbridge, Midlothian UK/152/80 Construction of a grain store at Burrington, Devon UK/158/80 Expansion of a seeds processing plant at Mallusk, Co. Antrim UK/174/80 Improvement of a fish processing plant at Stonehaven, Kincardineshire UK/185/80 Improvement of a vegetable processing plant near Doncaster, South Yorkshire UK/187/80 Construction of a fish factory at Aberdeen UK/188/80 Improvement of a slaughterhouse at Salisbury, Wiltshire UK/189/80 Construction of a fish processing plant at Wick, Caithness UK/190/80 Expansion of a fish processing plant at Aberdeen UK/209/80 Improvement of a slaughterhouse near Royston, Hertfordshire UK/212/80 Improvement of a milk processing plant at Liverpool UK/213/80 Improvement of a slaughterhouse at Torrington, Devon UK/221/80 Improvement of a livestock market at Newport, Gwent 31. 12. 80 Official Journal of the European Communities No C 347/23
Award of aid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund (Council Regulation (EEC) No 1760/78) Third tranche 1980
In accordance with the provisions of Article 11 (3) of Council Regulation (EEC) No 1760/78 of 25 July 1978 on a common measure for the improvement of infrastructure in certain rural areas (*), the amount of 25 million European units of account is available each year.
Projects must be included in a framework programme. The framework programme 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 57 applications for aid representing a subsidy of 17 063 024 European units of account.
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 (2) of Council Regulation (EEC) No 1760/78, the decision awarding EAGGF aid to the projects indicated hereafter have been notified to the relevant Member State and also to the beneficiaries.
H OJ No L 204, 28. 7. 1978, p. 1. (2) OJ No L 186, 24. 7. 1979, p. 37. (3) OJ No L 145, 11. 6. 1980, p. 38. No C 347/24 Official Journal of the European Communities 31. 12. 80
FRANCE
No Title
F/20/79 Improvement of farm road network in the Commune of Fousseret, Haute- Garonne F/21/79 Improvement of farm road network in the Commune of Larroque, Haute- Garonne F/22/79 Improvement of farm road network in the Commune of Sarrecave, Haute- Garonne F/37/80 Public water supplies in the Communes of La Roque, Ste-Marguerite, St-Andre- de-Vezines et Veyreau, Aveyron F/45/80 Improvement of farm road network in the Communes of Barcus, Cheraute, Roquiague and Ste. Engrace, Pyrenees Atlantiques F/46/80 Improvement of farm road network in the Communes of Arthez-d'Asson, Asson, Laruns, Lescun, Lourdios-Ichere, Louvie-Soubiron and Oloron Ste- Marie, Pyrenees Atlantiques F/57/80 Provision of electricity supplies in the Communes Aunat, Belcaire, Belfort-sur- Rebenty, Granes, Montfort-sur-Boulzane, Nebias and Roquefeuil, Aude F/58/80 Provision of electricity supplies in the Commune of Citou, Aude F/59/80 Provision of electricity supplies in the Communes of Baraigne, Gourvieille and Payra-sur-l'Hers, Aude F/66/80 Provision of electricity supplies in the Communes of Orcieres, Agentiere la Bessee, Champcella, Freissinieres, Reotier, St Clement, Vigneaux, La Grave, Villar d'Arene, Chateauroux and Crots, Haute-Alpes F/67/80 Provision of electricity supplies in the Communes of Ancelle, Chabottes, Laye, La Motte-en-Champsaur, Le Noyer, St Bonnet, St Laurent-du-Cros, Haute- Alpes F/68/80 Provision of electricity supplies in the Communes of Chapelle-en-Valgaudemar and St Maurice-en-Valgaudemar, Haute-Alpes F/69/80 Provision of electricity supplies in the Communes of Aiguilles, Arvieux and St Veran, Haute-Alpes F/71/80 Public water supplies in the Commune of Lecumberry, Pyrenees Atlantiques F/72/80 Improvement of farm road network in the Commune of Ascou, Ariege F/73/80 Provision of electricity supplies in the Communes of Montseron, Bordes-sur- Arize, Mas d'Azil, Durban-sur-Arize, Axiat, Lordat, Contrazy, Fabas, Merigon, Tourtouse, Alzen and Nescus, Ariege F/74/80 Improvement of farm road network in the Communes of Lescure, Villeneuve du Latou, Pailhes, Durfort, Barjac, La Bastide de Pesplas, La Bastide de Serou and Castelnau Durban, Ariege F/75/80 Public water supplies in the Communes of Lapege and Orus, Ariege F/76/80 Public water supplies in the Communes of Aigues Juntes and Sabarat, Ariege F/77/80 Improvement of farm road network in the Commune of St Beat, Haute-Garonne F/79/80 Improvement of farm road network in the Communes of Fougaron, Francazal and Saleich, Haute-Garonne F/80/80 Improvement of farm road network in the Communes of Fougaron and Herran, Haute-Garonne F/81/80 Public water supplies in the Communes of Montferrat and Chateaudouble, Var F/82/80 Public water supplies in the Commune of Mons, Var F/83/80 Improvement of farm road network in the communes of Arques, Bessede de Sault, Comus, La Fajolle, Mazuby and Nebias, Aude F/86/80 Public water supplies in the Commune of Pompignan, Gard 31. 12. 80 Official Journal of the European Communities No C 347/25
ITALY
No Title
1/25/80 Improvement of rural roads and supply of drinking water in 11 communes of the province of Trento 1/26/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the province of Trento 1/27/80 Improvement of rural roads and supply of drinking water in nine communes of the province of Trento 1/28/80 Improvement of farm road network in the province of Trento 1/29/80 Improvement of farm road network in the province of Trento 1/30/80 Improvement of rural roads and supply of drinking water in the commune of San Genesio, Bolzano 1/31/80 Improvement of rural roads and supply of drinking water in the province of Bolzano 1/32/80 Improvement of farm road network, Resia, Udine 1/33/80 Improvement of rural roads and supply of drinking water in the province of Udine 1/51/80 Provision of electricity supplies, Sasso Marconi, Bologna 1/52/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies, Bologna 1/61/80 Provision of electricity supplies in the province of Parma 1/62/80 Provision of electricity supplies in the province of Piacenza 1/66/80 Provision of electricity supplies in the province of Reggio Emilia 1/67/80 Improvement of farm road network in the provinces of Bologna, Modena, Forli and Ravenna 1/70/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the province of Bologna 1/83/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the province of Pesaro 1/84/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the province of Pesaro 1/86/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the provinces of Ancona and Macerata 1/89.1/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the province of Macerata 1/90.1/80 Improvement of rural roads, supply of drinking .water and provision of electricity supplies in the province of Macerata 1/91/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the province of Ascoli Piceno 1/93.1/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in the province of Ascoli Piceno 1/97/80 Improvement of rural roads and supply of drinking water in the commune of Segni, Roma 1/113.1/80 Improvement of rural roads, supply of drinking water and provision of electricity supplies in several communes of the province of Rieti 1/123/80 Improvement of farm road network in the communes of Campobasso and Castropignano, Campobasso 1/135.1/80 Improvement of farm road network in the commune of Cerignola 1/137.1/80 Improvement of farm road network in the commune of Trepuzzi, Lecce 1/138.1/80 Improvement of farm road network in the commune of Serracapriola, Foggia 1/139.1/80 Improvement of farm road network in the country of San Severn, Foggia 1/145/80 Improvement of farm road network in the commune of Ugento, Lecce No C 347/26 Official Journal of the European Communities 31. 12. 80
COURT OF JUSTICE
JUDGMENT OF THE COURT
of 10 December 1980
in Case 140/78: Commission of the European Communities v. Italian Republic (x)
(Language of the Case: Italian)
(Provisional translation: the definitive translation will be published in the Reports of Cases before the Court) In Case 140/78: Commission of the European Communities (Agent: C. Maestripieri) v. Italian Republic (Agent: A. Maresca, assisted by G. Zagari, Sostituto Avvocato Generale dello Stato) — application for a declaration that the Italian Republic has failed to fulfil its obligations under Council Regulation No 130/66/EEC of 26 July 1966 on the financing of the Common Agricultural Policy (Official Journal, English Special Edition 1965/66, p. 216) and Council Regulation No 159/66/EEC of 25 October 1966 laying down further provisions for the common organization of the market in fruit and vegetables (Official Journal No L 192 of 27 October 1966, p. 3286) - the Court, composed of J. Mertens de Wilmars, President; P. Pescatore and T. Koopmans, Presidents of Chambers; Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco and O. Due, Judges; G. Reischl, Advocate General; A. Van Houtte, Registrar, gave a judgment on 10 December 1980, the operative part of which is as follows: 1. As regards the fixed-rate aid of 87 299 539 units of account granted by the European Agricultural Guidance and Guarantee Fund in the fruit and vegetable sector, the Italian Republic, by its delay in the submission of its reports on the expenditure incurred and by submitting them, by 31 August 1980, only in respect of44 722 • 7 million lire or 81 •97 % of the aid granted, has not satisfied the requirements of the third subparagraph of Article 12 (4) of Council Regulation No 159/66/EEC of 25 October 1966 laying down further provisions for the common organization of the market in fruit and vegetables and of Article 4 (3) of Council Regulation No 130/66/EEC of 26 July 1966 on the financing of the Common Agricultural Policy, as amended by Council Regulation (EEC) No 966/71 of the of 10 May 1971; for that reason it has failed to fulfil its obligations under the EEC Treaty. 2. The Italian Republic is ordered to pay the costs.
(!) OJ No C 179, 28. 7. 1978.
JUDGMENT OF THE COURT
(First Chamber)
of 10 December 1980
in Case 23/80: Gtiiseppe Grasselli v. Commission of the European Communities (*)
(Language of the Case: Italian)
In Case 23/80: Guiseppe Grasselli (Counsel: Cesare Ribolzi) against Commission of the European Communities (Agent: Oreste Montalto) — concerning, at this stage in the
(!) OJ No C 36, 13.2. 1980. 31. 12. 80 Official Journal of the European Communities No C 347/27
proceedings, the admissibility of the application for the annulment of the implied decision rejecting the applicant's complaint of 6 June 1979 concerning the non-payment of family and education allowances for dependent children and the reduction of the pension acquired on termination of service as provided for in Council Regulation (EEC) No 259/68, the Court (First Chamber), composed of T. Koopmans, President; A. O'Keeffe and G. Bosco, Judges; J.-P. Warner, Advocate General; J. A. Pompe, Deputy Registrar, gave a judgment on 10 December 1980, the operative part of which is as follows:
1. The application is dismissed as inadmissible.
2. The parties are ordered to pay their own costs.
JUDGMENT OF THE COURT
(Second Chamber)
of 11 December 1980
in Case 827/79 (reference for a preliminary ruling made by the Corte Suprema di Cassazione): Amministrazione delle Finanze v. Ciro Acampora (*)
(Language of the Case: Italian)
(Provisional translation: the definitive translation will be published in the Reports of Cases before the Court)
In Case 827/79: reference to the Court under Article 177 of the EEC Treaty by the Corte Suprema di Cassazione, First Civil Chamber, for a preliminary ruling in the proceedings pending before that court between Amministrazione delle Finanze and Ciro Acampora — on the interpretation of Regulation (EEC) No 1371/71 of 30 June 1971 on the definition of the concept of originating products for the purpose of the tariff preferences granted by the EEC to certain developing countries (Official Journal No L 146 of 1 July 1971, page 1) and in particular Article 13 thereof — the Court (Second Chamber), composed of P. Pescatore, President of Chamber; A. Touffait and O. Due, Judges; F. Capotorti, Advocate General; A. Van Houtte, Registrar, gave a judgment on 11 December 1980, the operative part of which is as follows:
The customs authorities of an importing Member State may, pursuant to Article 13 of Commission Regulation (EEC) No 1371/71 of 30 June 1971, after having permitted, without reserve, final importation of goods in application of the preferential tariff treatment granted to products originating in developing countries:
1. Require the State benefiting from the exportation to verify the certificate of origin 'Model A' relating to those goods;
2. Then, if the outcome of that verification is negative, demand payment of the duty which was not paid at the time of importation.
H OJ No C 30, 7. 2. 1980. No C 347/28 Official Journal of the European Communities 31. 12. 80
JUDGMENT OF THE COURT
of 11 December 1980
in Case 31/80 (reference for a preliminary ruling made by the Rechtbank van Koophandel, Antwerp): 1. L'Oreal NV, Brussels; 2. L'Oreal SA, Paris, v. De Nieuwe AMCK, PVBA., Hoboken (*)
(Language of the Case: Dutch)
(Provisional translation; the definitive translation will be published in the Reports of Cases before the Court) In Case 31/80: reference to the Court under Article 177 of the EEC Treaty by the Rechtbank van Koophandel, Antwerp, for a preliminary ruling in the proceedings pending before that court between 1. L'Oreal NV; 2. L'Oreal SA and De Nieuwe AMCK, PVBA, — on the interpretation of Articles 85 and 86 of the Treaty — the Court, composed of J. Mertens de Wilmars, President; P. Pescatore and T. Koopmans, Presidents of Chambers; Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco and A. Touffait, Judges; G. Reischl, Advocate General; A. Van Houtte, Registrar, gave a judgment on 11 December 1980, the operative part of which is as follows: 1. Agreements laying down a system of selective distribution based on criteria for admission which go beyond a simple objective selection of a qualitative nature exhibit features making them incompatible with Article 85 (1) where such agreements, either individually or together with others, in the economic and legal context in which they are concluded and on the basis of a body of objective features of law and fact, are capable of affecting trade between Member States and have as either their object or their effect the prevention, restriction or distortion of competition. It is within the exclusive power of the Commission, subject to review by the Court, to grant an exemption in respect of such agreements pursuant to Article 85 (3). 2. A letter signed by an official of the Commission indicating that there is no reason for the Commission to intervene in pursuance of Article 85 (1) of the EEC Treaty against a distribution system which has been notified to it is not an exemption within the meaning of Article 85 (3) and has therefore no effect as against third parties and is not binding on national courts. It constitutes only an element of fact, of which the national courts may take account in considering the compatibility of the system in question with Community Law. 3. The conduct of an undertaking may be considered as an abuse of a dominant position within the meaning of Article 86 of the Treaty where the undertaking has the opportunity in a given market to behave to an appreciable extent in an independent manner as against its competitors, its customers and consumers and when its conduct in that market, as a result of means differing from those governing normal competition based on transactions by traders, hinders the maintenance or development of competition and is capable of affecting trade between Member States.
(') OJ No C: 43, 20.2. 1980.
Reference for a preliminary ruling by die Arrondissementsrechtbank, Rotterdam by judgment of that court of 1 December 1980 in the case of Pharmon BV v. Hoechst AG
(Case 271/80)
Reference has been made to the C ourt of Justice of the European Communities by a judgment of the Arrondissementsrechtbank [District Court], Rotterdam, of 1 December 1980, which was received at the Court Registry on 10 December 1980. for a preliminary ruling in the case 31. 12. 80 Official Journal of the European Communities No C 347/29
of Pharmon BV, Rhoon, (Netherlands) v. Hoechst AG, Frankfurt am Main, (Federal Republic of Germany) on the following question: Notwithstanding the provision in Article 36 of the EEC Treaty do the rules contained in the Treaty on the free movement of goods prevent the proprietor of a patent granted pursuant to the national law of a Member State, in this case the Netherlands, from relying on his rights thereunder to oppose products being put into circulation in that Member State which have been lawfully put into circulation in another Member State, in this case the United Kingdom, under a compulsory licence granted there under the parallel patent of the same patentee registered in his name in that Member State, and is it material to the answer whether (a) an export prohibition is coupled with the compulsory licence, as in this case, and (b) whether the licensee exports directly or export takes place through third parties after the licensee has brought the product on to the market of die Member State for which the licence is valid.
Reference for a preliminary ruling by the Arbeitsgericht Reutlingen by order of that court of 4 November 1980 in the case of Dr Antonietta Pansini-Ziegler, Rechtsreferendarin, v. Land Baden-Wurttemberg, represented by the Minister of Justice
(Case 274/80)
Reference has been made to the Court of Justice of the European Communities by a judgment of the Arbeitsgericht [Labour Court] Reutlingen of 4 November 1980, which was received at the Court Registry on 10 December 1980, for a preliminary ruling in the case of Dr Antonietta Pansini-Ziegler, Rechtsreferendarin, v. Land Baden-Wurttemberg, represented by the Minister of Justice, represented in turn by the President of the Oberlandesgericht Stuttgart, on the following questions:
1. Does the term 'worker' within the meaning of Article 48 (2) of the Treaty establishing the European Economic Community of 25 March 1957 and within the meaning of Article 7 (1) and (3) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (Official Journal, English Special Edition 1968 (II) p. 457) also cover Rechtsreferendare [trainee lawyers] who, on completion of a course of legal studies at university, are performing in Baden-Wurttemberg preparatory service between the first and second State Lawyers' qualifying examinations as required by Article 5a of the German Richtergesetz [the Law relating to the Judiciary] in the version published in the official notice of 19 April 1972 (Bundesgesetzblatt [Federal Law Gazette] I, paragraph 713)?
2. If question 1 is answered in the affirmative:
Must a trainee lawyer in Baden-Wiirttemberg who is a national of a Member State of the European Community be granted, on the basis of Article 7 (1) or (3) of Council Regulation (EEC) No 1612/68 of 15 October 1968, training allowances of the same amount as those received by trainee lawyers who possess German nationality?
Reference for a preliminary ruling by the Tribunale, Milan, First Civil Division, by order of that court in the case of SIC Societa Italian a Cauzioni v. Amministrazione delle Finanze dello Stato
(Case 277/80)
Reference has been made to the Court of Justice of the European Communities by an order of the Tribunale, Milan, First Civil Division, of 9 October 1980, which was received at the Court No C 347/30 Official Journal of the European Communities 31. 12. 80
Registry on 12 December 1980, for a preliminary ruling in the case of SIC Societa Italiana Cauzioni v. Amministrazione delle Finanze dello Stato on the following question:
With regard to Article 35 of Regulation (EEC) No 542/69 of 18 March 1969, as supplemented by Article 1 of Regulation (EEC) No 1079/71 of 25 May 1971, is it always incumbent on the Amministrazione Finanziaria [Finance Administration] to intimate, within 12 months of the date of registration of a T1 declaration, the non-discharge of that document, in order to preserve the guarantee referred to in those provisions?
Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 11 November 1980 in the case of Chem-Tech BH Naujoks v. Hauptzollamt Koblenz
(Case 278/80)
Reference has been made to the Court of Justice of the European Communities by order of the Bundesfinanzhof [Federal Finance Court] (Seventh Senate) of 11 November 1980, which was received at the Court Registry on 15 December 1980, for a preliminary ruling in the case of Chem-Tec BH Naujoks, 44 In den Wiesen, Koblenz-Bubenheim v. Hauptzollamt [Principal Customs Office], Koblenz, on the following questions:
1. Is tariff heading No 35.06 of the Common Customs Tariff to be interpreted as meaning that it also includes a product described as 'adhesive paper strip' or as 'strip, of unvulcanized synthetic rubber' wound on to a spool and consisting of a double-sided adhesive strip and a strip of paper (impregnated with silicone) separating the adhesive strip, which has been rolled up, and which is used in such a way that the paper strip is peeled off the double-sided adhesive strip and is thus not bonded in the process of sticking?
2. If the answer to question 1 above is in the affirmative: How is the concept 'put up for sale by retail as glues in packages not exceeding a net weight of 1 kg.' (tariff subheading 35.06 B) to be interpreted? Does the product described in 1 above fulfil those conditions by reason only of the fact that the glue along the whole length of the adhesive strip is joined to a paper strip with the result that this can be regarded as a package, or must the adhesive strips within the required weight limit be contained in special packages and in addition be marked as glue by written indications? 31. 12. 80 Official Journal of the European Communities No C 347/31
III
(Notices)
COUNCIL
Notice of the cancellation of the notification of open competition Council/C/197
By a decision taken by the appointing authority, the notification of open competition Council/C/197 to draw up a reserve list for the recruitment of clerical assistants, published in Official Journal of the European Communities No C 286 of 5 November 1980, has been cancelled. No C 347/32 Official Journal of the European Communities 31. 12. 80
Extension of the term of validity of the lists of suitable candidates drawn up after open compe- titions Council/LA/170, Council/B/168, Council/C/171, Council/C/177 and Council/C/179
By decisions of the Secretary-General of the Council of the European Communities on 23 December 1980 the term of validity of the lists of suitable candidates drawn up after the following open competitions is extended until the date indicated:
Council/LA/170 — organized to establish a reserve recruitment list of Italian-speaking translators, the notification of which was published in the Official Journal of the European Communities No C 231 of 29 September 1978. The term of validity of this list has already been extended until 1 January 1981 (OJ No C 16, 22. 1. 1980): extension until 1 January 1982.
Council/B/168 — organized to establish a reserve recruitment list of administrative assistants (assistant programmers), the notification of which was published in the Official Journal of the European Communities No C 89 of 12 April 1978. The term of validity of this list has already been extended until 1 January 1981 (OJ No C 16, 22. 1. 1980): extension until 1 January 1982.
Council/C/171 — organized to establish a reserve recruitment list of clerical assistants, the notification of which was published in the Official Journal of the European Communities No C 226 of 23 September 1978. The term of validity of this list has already been extended until 1 January 1981 (OJ No C 16, 22. 1. 1980): extension until 1 January 1982.
Council/C/177 — organized to establish a reserve recruitment list of clerical assistants (switchboard-operators) the notification of which was published in the Official Journal of the European Communities No C 78 of 24 March 1979: extension until 1 July 1981.
Council/C/179 — organized to establish a reserve recruitment list of French-speaking typists, the notification of which was published in the Official Journal of the European Communities No C 30 of 2 February 1979. The term of validity of this list has already been extended until 1 January 1981 (OJ No C 16, 22. 1. 1980): extension until 1 July 1981. 31. 12. 80 Official Journal of the European Communities No C 347/33
COMMISSION
Bundesanstalt fur Landwirtschaftliche Marktordnung (BALM) Frankfurt/Main
Notice of a complementary tender concerning the delivery of skimmed-milk powder as food aid, in accordance with Regulation (EEC) No 3392/80
In completion of the general notice of tender (*) and of the indications in the Annex to Regulation (EEC) No 3392/80 (2), interested parties are informed that the skimmed-milk powder to be supplied is held in the following stores:
(') OJ No C 95, 19. 4. 1977, p. 7. (2) OJ No L 356, 30. 12. 1980, p. 16. No C 347/34 Official Journal of the European Communities 31. 12. 80
DEUTSCHLAND
Lot / Partie / Lot / Partita / Parti) / Parti Al: 500 t
Gerhard Wilts, KupferbergstraBe 7 2950 Leer/Ostfr. 2950 Logabirum 4251
H. O. Griemsmann, Westcrcadewisch 18 2175 Cadenberge 2175 Cadenberge 501
D. Boettcher, Im Niedernfeld 6-8 3052 Bad'Nenndorf 3052 Bad Nenndorf 251
Lot / Partie / Lot / Partita / Parti) / Parti A2: 500 t
Nordfrost, Kiihl- und Lagerhaus GmbH & Co. KG, Im Gewerbegebiet 2948 Schortens 1 2948 Schortens 2501
Rohling & Co., Int. Spedition, MartinistraSe 60 2800 Bremen 1 2160 Stade 1251
Butter- und Eierzentralgenossenschaft, Molkereistrafie 11, 2887 Rodenkirchen 2887 Rodenkirchen 751
Johann Johannsen, Postfach 28 2178 Otterndorf 2179 Neuenkirchen-Katthusen 501
Lot / Partie / Lot / Partita / Parti) / Parti A3: 500 t
Uelzena Milchwerke eG, Im Neuen Felde 87-91 3110 Uelzen 1 3110 Uelzen 1501
H. Denecke & Co., Kleine Wallstrafe 10, 2878 Wildeshausen 2910 Westerstede 2501
D. Wandel & Co., Am Holzhafen 12, 2800 Bremen 2800 Bremen-Industriehafen 1001
Lot / Partie / Lot / Partita / Parti) / Parti A4: 500 t
TVHG, Emsdettener Strafie 225-227 4445 Neuenkirchen/St. Arnold 4445 St. Arnold 500 t
Lot / Partie / Lot / Partita / Parti) / Parti B1: 500 t
J. G. Stark & Sohne GmbH & Co. KG, Sahlingerstrafie 16 5920 Bad Berleburg 1 5920 Bad Berleburg 751
J. Brimmers, Hof Kloster 1 4172 Straelen 1 4170 Geldem-Opheis 751
S. Lueck, Lagerei, Friedrich-Freisen-Strafie 3 5270 Gummersbach 5270 Gummersbach 1251
Mathias Keil & Sohne OHG, Spedition, Lagerung 5541 Nimshuscheider Miihle 5541 Nimshuscheider Miihle 2001
Rhenania, Hafenstrafie 71-77, Posfach 29 80 7100 Heilbronn 7100 Heilbronn 251 31. 12. 80 Official Journal of the European Communities No C 347/35
Lot / Partic / Lot / Partita / Partij / Parti B2: 500 t
Walter Troll, Lagereibetriebe GmbH, Fitzenweiler StraSe 6 7778 Markdorf/Baden 7944 Herbertingen 5001
Lot / Partic / Lot / Partita / Partij / Parti B3: 500 t
Heinrich Hellmer, Miihlenstrafie 1 2361 Todesfelde 2361 Todesfielde 1501
Wilh. Rotermund GmbH, Postfach 2 81 2390 Flensburg 2390 Flensburg-Jarplund 1001
Lagcrhaus Hungen GmbH, Treburcrstrafie 9 6082 Walldorf-Morfelden 6303 Hungen 2001
Birkenfelder Kornspeicher Hans Kirst 6589 Neubriicke/Nahe 6691 Tiiridsmiihle 501
Lot / Partic / Lot / Partita / Partij / Parti B4: 500 t
Mathias Keil &c Sohne OHG, Spedition, Lagerung 5541 Nimshuscheider Miihle 5521 Usch 500 t
Lot / Partic / Lot / Partita / Partij / Parti C: 500 t
Walter Troll, Lagereibetriebe GmbH, Fitzenweiler Strafe 6 7778 Markdorf/Baden 7944 Herbertingen 5001
Lot / Partic / Lot / Partita / Partij / Parti D1: 500 t
Wilh. Rotermund GmbH, Postfach 2 81 2390 Flensburg 2390 Flcnsburg-Jarplund 4751
Birken(elder Kornspeicher Hans Kirst 6589 Neubriicke/Nahe 6691 Ttirkismiihle 251
Lot / Partic / Lot / Partita / Pirtij / Parti D2: 500 t
Mathias Keil 8c Sdhne OHG, Spedition, Lagcrung 5541 Nimshuscheider Miihle 5521 Usch 225 t
H. Kirst KG, Burgstra&e 82 5581 Irmenach 5551 Kommen 2751
Lot / Partic / Lot / Partita / Partij / Parti El: 500 t
Walter Troll, Lagereibetriebe GmbH, Fitzenweiler Stra&e 6 7778 Markdorf/Baden 7944 Herbertingen 5001 No C 347/36 Official Journal of the European Communities 31. 12. 80
Lot / Partie / Lot / Partita Partij / Parti E2: 500 t
Walter Troll, Lagereibetriebe GmbH, Fitzenweiler Strafie 6 7778 Markdorf/Baden 7944 Herbcrtingen 175 t
Kroll & Brandenbusch, Niddaer Strafie 46 6303 Hungen 1 6303 Hungen 125 t
Jakob Zins GmbH & Co. KG, HciligcnsteinstraSe 6 5530 Gerolstein 5530 Gerolstein 501
Molkereizentrale, Siidwest eG, Keplerstra£e 5 7500 Karlsruhe 21 7500 Karlsruhe 50 t
Mathias Keil & Sohne OHG, Spedition, Lagerung 5541 Nimshuscheider Miihle 5521 Usch 50 t
Birkenfelder Kornspeicher Hans Kirst 6589 Neubriicke/Nahe 6691 Tiirkismiihle 50 t