Official Journal C26? Volume 33 of the European Communities 23 °Ctober 199°

^•^ /*/*• • "1 "T" "I ISSN 0378-6986 Official Journal C26? Volume 33 of the European Communities 23 °ctober 199°

English edkion Information and Notices

Notice No Contents Page

I Information

Commission

90/C 267/01 Ecu 1

90/C 267/02 Notice pursuant to Article 19 (3) of Regulation No 17 concerning Case IV/32.659 — IATA passenger agency programme 2

Court of Justice

90/C 267/03 Judgment of the Court (First Chamber) of 3 October 1990 in Case C-61/89 (reference for a preliminary ruling made by the Cour d'Appel, Aix-en-Provence): criminal proceedings against Marc Gaston Bouchoucha (Freedom of establishment: Practice of paramedical professions (osteopathy)) 9

90/C 267/04 Case C-264/90: Reference for a preliminary ruling by the Finanzgericht Hamburg by order of that court of 12 July 1980 in the Case of Heinrich Wehrs v. Haupt- zollamt Liineburg 9

90/C 267/05 Case C-290/90: Action brought on 20 September 1990 by the Commission of the European Communities against the Federal Republic of Germany 9

90/C 267/06 Case C-291/90: Action brought on 21 September 1990 by the Portuguese Republic against the Council of the European Communities 10

II Preparatory Acts

Commission

90/C 267/07 Proposal for a Council Regulation (EEC) on the introduction and the maintenance of agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside 11

1 (Continued overleaf) Notice No Contents (continued) Page

90/C 267/08 Modification of the draft Financial Regulation applicable to development finance cooperation under the Fourth Lome Convention 14

90/C 267/09 Proposal for a Council Directive amending Directive 89/396/EEC on indications or marks identifying the lot to which a foodstuff belongs 15

III Notices

Commission

90/C 267/10 Outcome of the invitations to tender (Community food aid) 16 23. 10. 90 Official Journal of the European Communities No C 267/1

(Information)

COMMISSION

Ecu O

22 October 1990

(90/C 267/01)

Currency amount for one ecu:

Belgian and Portuguese escudo 181,794 Luxembourg franc 42,4015 United States dollar 1,36482 German mark 2,05951 Swiss franc 1,73850 Dutch guilder 2,32142 Swedish krona 7,64366 Pound sterling 0,698831 Norwegian krone 7,99920 Danish krone 7,85794 Canadian dollar 1,60271 French franc 6,89642 Austrian schilling 14,4903 Italian lira 1542,93 Finnish markka 4,88195 Irish pound 0,768176 Japanese yen 172,103 Greek drachma 207,534 Australian dollar 1,74797 Spanish peseta 129,385 New Zealand dollar 2,24661

The Commission has installed a telex with an automatic answering device which gives the conversion rates in a number of currencies. This service is available even.* day from 3.30 p.m. until 1 p.m. the following day. Users of the service should do as follows: — call telex number Brussels 23789; — give their own telex code; — type the code 'cccc' which puts the automatic system into operation resulting in the transmission of the conversion rates of the ecu; — the transmission should not be interrupted until the end of the message, which is marked by the code 'ffff'.

Note: The Commission also has an automatic telex answering service (No 21791) providing daily data on calculation of monetary compensatory amounts for the purposes of the common agricultural policy.

(') Council Regulation (EEC) No 3180/78 of 18 December 1978 (OJ No L 379, 30. 12. 1978, p. 1), as last amended by Regulation (EEC) No 1971/89 (OJ No L 189, 4. 7. 1989, p. 1). Council Decision 80/1184/EEC of 18 December 1980 (Convention of Lome) (OJ No L 349, 23. 12. 1980, p. 34). Commission Decision No 3334/80/ECSC of 19 December 1980 (OJ No L 349, 23. 12. 1980, p. 27). Financial Regulation of 16 December 1980 concerning the general budget of the European Communities (OJ No L 345, 20. 12. 1980, p. 23). Council Regulation (EEC) No 3308/80 of 16 December 1980 (OJ No L 345, 20. 12. 1980, p. 1). Decision of the Council of Governors of the European Investment Bank of 13 May 1981 (OJ No L 311, 30. 10. 1981, p. 1). No C 267/2 Official Journal of the European Communities 23. 10. 90

Notice pursuant to Article 19 (3) of Regulation No 17 (*) concerning Case IV/32.659 — IATA passenger agency programme

(90/C 267/02)

I — resolution 814d: travel agency commissioner,

NOTIFICATIONS — resolution 814e: conduct of review by travel agency commissioner. 1. On 21 March 1988 the Director-General on behalf of IATA and on behalf of its member airlines partici pating in the IATA Passenger Agency Conference 4. By letter of 25 January 1990, the Director-General, (Paconf) (2) applied for negative clearance of the IATA on behalf of IATA and its members, made formal under passenger agency programme as applicable within the takings concerning particular aspects of resolution 814. European Community, and, to the extent that such negative clearance could not be granted, for an exemption under Article 85 (3) of the Treaty establishing the European Economic Community. II THE PARTIES: IATA AND ITS MEMBERSHIP 2. On 15 June 1989, the Commission sent IATA a statement of objections based on Article 15 (6) of Regu lation No 17 concerning the following IATA resolutions: 5. IATA is an association of enterprises composed of 189 member air carriers. It was founded at the Interna tional Air Transport Operators Conference at Havana, — resolution 800: passenger sales agency administration Cuba, in April 1945. rules, as amended,

6. Members of IATA are classified as active or — resolution 800a: application form for approval as an associate. Any air transport enterprise operating an air IATA passenger sales agent, service between the territories of two or more States is eligible for membership as an active member. — resolution 800b: passenger sales agency agreement,

7. The parties to the agreements (resolutions) under — resolution 808: passenger sales agency rules — consideration are the 154 active member airlines partici Europe, as amended, pating in the IATA Passenger Agency Conference (Paconf). 35 IATA associate member airlines (3) do not — resolution 808e: conduct of review by travel agency offer international scheduled services nor participate in commissioner, the Paconf. The arrangements, however, affect them in as much as they comply with them. — resolution 802: IATA agency distribution system — Europe, as amended. Ill

The other IATA resolutions that were notified to the THE MARKET Commission are being treated separately.

8. The global operating revenues for scheduled inter 3. Following this statement of objections, IATA national passenger services of IATA member airlines in informed the Commission that a new resolution to be 1986, according to IATA financial statistical reporting applied within the European Community would be forms, were US $ 37 250 million. The individual prepared. This new resolution would replace resolutions members' total turnovers ranged in 1986 from US $ 1,4 800, 802 and 808. On 6 November 1989, the following to US $ 6 688 million. Revenues from international resolutions were accordingly notified to the Commission: scheduled passenger traffic of IATA airlines based in the Community and members of the Association of — resolution 814: IATA sales agency distribution rules, European Airlines (AEA) amounted in the same year, according to the AEA Yearbook 1986, to US $ 14 995 million.

(») OJ No 13, 21. 2. 1962, p. 204 (English Special Edition 1959—62 p. 87). (2) IATA active members, listed in the Annex. (3) See Annex. 23. 10. 90 Official Journal of the European Communities No C 267/3

9. All IATA member airlines use the agency effective manner the standards required to help the programme for their sales. The programme embraces customer to choose among the airline products over 26 000 sales outlets (agencies) in 165 countries, of offered. which outlets 10 151 (1987 figures) are located in Community countries. According to IATA the estimated 1987 sales volume of scheduled international air trans 13. The management of the programme is assigned to portation by IATA agents in Community countries the Agency Administration Division, within the IATA amounted to approximately US $ 14 914 million. Secretariat.

The IATA resolutions under examination (') 10. The sale takes the form of a contract for carriage (tickets issued to the passenger by the airline or, within the terms of the arrangements, by the airline's appointed Qualifications for accreditation and retention as an IATA agent on the airline's behalf. The airlines have their own agent sales shops in their biggest markets, but effect, according to IATA's estimates, 70 % of their sales in Europe 14. Any person in possession of the appropriate through travel agencies. official licences, where required, may become an accredited agent by making an application in the form prescribed to the IATA agency services manager in the country where such person carries on business, and by IV meeting the qualifications set out below. Such qualifi cations must continue to be met in order to ensure THE IATA PASSENGER AGENCY PROGRAMME retention as an accredited agent. For this purpose the term 'applicant' when used below shall be understood to include an already accredited agent. In this context General 'person' means an individual, partnership, firm, associ ation, company or corporation whose activities, upon accreditation, include those of a travel agent serving the general public. 11. The passenger agency programme, which has been established by the Paconf and is the IATA's system for appointing intermediaries, is one of its basic institutions. 15. The applicant shall submit independently It is argued that the main objective of the programme is produced financial statements prepared in accordance to ensure that travel agency outlets selling on behalf of with local accounting practices as specified and published IATA members are competent and professional, provide by the IATA body entrusted with accreditation; such dependable and impartial service to the public and to statements shall be evaluated and found satisfactory appointing airlines, and handle the airlines' monies and pursuant to the methodology and standards established documents with integrity. from time to time by the same body. To obtain a satis factory evaluation, the applicant may be required to provide additional financial support in the form of recapitalization or of a bank or insurance guarantee. 12. The programme incorporates three main features: When the financial position of an agent is subject to review and the agent is unable to meet the financial criteria, normal business fluctuations shall be taken into (a) accreditation, whereby any person may seek account and the agent will be provided with a reasonable approval to promote and sell international air period of time to meet those criteria. transport for remuneration by IATA members, by satisfying specified basic criteria and entering into 16. The applicant must wholly own and fully manage contractual relations with those airlines; the business for which approval is sought as a branch office location.

(b) bank settlement plans (BSPs), which provide to both airlines and agents economies of scale and the 17. The applicant must have in its employment at least benefits of standardization and automation in the one staff member present at the place of business under collection and distribution of monies due from IATA application during the working hours of such place of agents to airlines. BSPs exist in all the Member business, who meets the necessary criteria of competence States of the European Community; and experience in respect of the country where such place of business is located.

(c) training programmes, helping agents, both those already accredited and those which may seek IATA (') Unless otherwise specified the provisions above are accreditation, to achieve and maintain in a cost- contained in resolution 814. No C 267/4 Official Journal of the European Communities 23. 10.90

18. The place of business under application shall be notice of default, and still has outstanding commercial open for business on a regular basis, be identified and debts, or in such an agent whose commercial debts were trade as a travel agency; provided that a place of met solely or in part by recourse to a financial bond or business which does not meet the aforementioned guarantee; provided that the applicant may nevertheless conditions may nevertheless be approved if it meets all be approved if such person did not participate in the acts other qualifications and is: or omissions that caused such removal or default.

22. The applicant is not a general sales agent in the (i) solely devoted to the organizing of inclusive tours country (whether or not for the whole of the country) and performs the issuance of traffic documents for any air carrier; provided that this shall not preclude related to such inclusive tours only; or approval of such an applicant by the agency services manager if the application contains evidence to his satis faction that the applicant will have ceased to be such a (ii) a branch office location situated on the premises of general sales agent before the date of effectiveness of the an organization, plant or commercial firm and agency services manager's decision to accredit the dedicated substantially to the travel requirements of applicant. that organization, plant or commercial firm; or

23. The premises in respect of which approval is (iii) a satellite ticket printer location (see below). sought shall meet the security standards set out in the resolution and the applicant undertakes to implement the security precautions prescribed. IATA has provided an undertaking that the term 'substantially' under (ii) has no restrictive meaning and 24. In respect of the issue of tickets and other traffic that any in-house travel department of a commercial firm documents after approval, an agent shall comply with the can apply for accreditation according to the IATA rules. relevant provisions in the programme.

The place of business shall not be located in office space 25. Where officially required, the applicant must be in jointly occupied with another travel agency, an possession of a valid licence to trade. accredited agent or an air carrier. There is no restriction on location at an airport. 26. All material statements made in the application shall be accurate and complete. Various fees have to be paid by the applicant in order to become an accredited 19. The applicant shall not have a name which is: agent.

27. In case that the applicant applies for a satellite (i) the same as that of IATA or of one of its members; ticket printer (STP) location i.e. a place of business in or which a device which is capable of printing documents is set, under control of an IATA agent, the qualifications refer mainly to security standards in order to avoid that (ii) similar to the name of a member; provided that this unauthorized parties print tickets. At least one qualified shall not preclude approval of such applicant by the person must be in charge of the STP. Such person need agency services manager if no protest is received not necessarily be employed by the agent. from any member.

The place of business must not be identified as an office Procedures for accreditation of an IATA member or of a group of IATA members. 28. The applicant is required to complete an application form and submit it to the competent IATA 20. The applicant, its managerial staff or its principal agency services manager, accompanied by the necessary stockholders, directors or officers or managers shall not documents and financial statements and by fees, have been found guilty of wilful violations of fiduciary including application, entry and first annual agency fees. obligations incurred in the course of business nor be The manager may ask the applicant to provide additional undischarged bankrupts. information.

29. The manager will publish a listing of the 21. No person who is a director of or who holds a applications received in order that the IATA members financial interest or a position of management in the may within 45 days file evidence and indicate the applicant shall have been a director of, or had a financial grounds why, in their opinion, the applicant does not interest or held a position of management in, an agent meet the qualifications. In this case the applicant is which has been removed from the agency list, or is under informed and invited to respond. 23. 10. 90 Official Journal of the European Communities No C 267/5

30. A decision must be taken within 60 days of the through the BSPs. LATA has undertaken to take any date of publication of the listing. The applicant is to be action required, such as consolidation of BSPs, so that notified promptly in writing and, in the event of this restriction could be eliminated within three years. rejection, must be given clear reasons why the application failed.

Payment of commission 31. A rejected applicant may, within 30 calendar days of the manager's notice, request reconsideration of his decision, or otherwise invoke the procedures for review by the travel agency commissioner (the Commissioner). 36. Agents duly appointed by IATA members are paid commission for the sale of international air passenger transport, at such rate as may be authorized from time to IATA members having opposed a successful accredi time by individual member airlines. The resolution tation may also request reconsideration or review of the contains rules as to how to calculate commission, and manager's decision. rules related to refunds and to sales to governments. There is no ban on splitting commissions to the benefit of the customer.

32. Successful applicants will be entered on the IATA agency list and the IATA Director-General will execute a sales agency agreement on behalf of such IATA members as may appoint agents. Administrative rules

33. Accredited agents included in the agency list may 37. Resolution 814 also contains technical and admin be appointed by individual IATA airlines: istrative rules on how to report and remit payments through the BSP or directly to airlines, rules on agents' indebtedness and default, and rules on change of — either by means of a statement of general ownership, legal status, name or business place. concurrence appointing all accredited agents delivered by the airline and deposited with IATA,

— or by the airline delivering to such agent a certificate Measures affecting an agents' standing of appointment.

38. Agents may relinquish accreditation or may be IATA members are entitled to cancel an agent's removed by IATA for the reasons specified in resolution appointment. 814 (e.g. not meeting the qualifications for retention, because of default or delinquency, etc.). They may also be suspended or reprimanded. The procedures and the effects of the various situations are specified. Custody and issue of tickets and other traffic documents

34. The issuance of tickets is made by IATA agents on Review of LATA agency administration decisions affecting behalf of the member airlines which have appointed applicants and agents, and review of agents' status them, either by using the individual members' tickets or traffic documents, or by using standard IATA tickets to be validated with the individual carriers' identification plates which, accordingly, have to be handed to the 39. Decisions affecting applicants and agents, issued agents. by the competent IATA bodies may be reviewed at first instance by an expressly appointed IATA Commissioner, referred to in resolution 814d, who will also deal with 35. The resolution provides that no airline or IATA the review of the agent's status when some grievance member participating in a BSP may deposit or maintain against him has been raised by the IATA agency admin stocks of its own traffic documents with any IATA istration. The decisions of the Commissioner are, for agent. IATA has submitted that a number of BSPs are their part, subject to review by arbitration. Procedures only marginally viable and that their viability could be for review by the Commissioner are contained in jeopardized by allowing the placing of carriers' own resolution 814e. Procedures for review by arbitration are tickets with agents, since these tickets are not handled contained in resolution 814. No C 267/6 Official Journal of the European Communities 23. 10. 90

Review of a member's individual decisions 41. IATA is preparing adequate rules, different from those in resolution 814e, to deal with individual members decisions' review procedures. These rules will treat both 40. Resolution 814 provides for the right of review of agents and airlines on an equal footing. IATA members' individual decisions affecting agents. Accordingly, an agent which considers itself aggrieved by the decision of a member: Implementation

(a) to refuse to appoint such agent; or 42. Resolutions 814, 814d and 814e will be implemented in all Community Member States by not (b) to withdraw its appointment of such agent; or later than 31 December 1990.

(c) in the case of an IATA member participating in the At the same time the regimes set forth by IATA resol BSP: utions 800, 808 and 802 will no longer apply within the (i) to refuse to supply its carrier identification plate Communitiy. to, or (ii) to withdraw its carrier identification plate from V any such agent's locations; or THE COMMISSION'S INTENTIONS (d) in the case of a member not participating in the BSP: 43. The Commission proposes to take a decision (i) to refuse to supply its traffic documents to, or exempting the IATA resolutions referred to in paragraph (ii) to remove its traffic documents from any of such 4 of this notice. In the case of the provision referred to agent's locations, in paragraphs 34 and 35, the exemption will not be granted for more than three years. with the result that such agent's commercial interests are adversely affected to the point of placing its business in 44. Before taking this decision, the Commission jeopardy, has the right to obtain such member's criteria invites interested third parties to send their comments for appointing agents or reasons for refusal, withdrawal within one month from the publication of this notice to or removal. If the agent believes such justification is the following address, quoting the reference TV732.659 unreasonable then the agent is required in the first — IATA passenger agency programme': instance to seek clarification and satisfaction from the member. If the issue is not thereby resolved, then the Commission of the European Communities, agent has the right to have the member's decision Directorate-General for Competition, reviewed. When the member's decision was made in Directorate for Restrictive Practices, Abuse of Dominant application of the collective provisions, the agent's right Positions and other Distortions of Competition III, for review is not to be exercised against the member rue de la Loi 200, individually but according to the general rules of B-1049 Brussels; resolution 814e. telefax 32 2 235 36 15. 23. 10. 90 Official Journal of the European Communities No C 267/7

ANNEX

International Air Transport Association membership

189 members (154 active and 35 associate) on 15 February 1990

Active members Crossair Cruzeiro do Sul SA-Servicos Aereos Adria Airways Cyprus Airways Ltd Aer Lingus pic Dan-Air Services Ltd Aeroflot Soviet Airlines Delta Air Regionalflugverkehr GmbH Aerolineas Argentinas Democratic Yemen Airlines (Alyemda) Deutsche Lufthansa AG (Lufthansa) Aerolineas Nicaraguenses SA (Aeronica) Eastern Air Lines Inc. Aerovias de Mexico SA de CV (Aeromexico) Egyptair Aerovias Nacionales de Colombia SA (Avianca) El Al Israel Airlines Ltd Affretair (PVT) Ltd Emirates Air Afrique Empresa Consolidada Cubana de Aviacion (Cubana) Air Algerie Empresa de Transporte Aereo del Peru (Aeroperu) Air Botswana Empresa Ecuatoriana de Aviacion SA (Ecuatoriana) Air Bremen GmbH & Co. Ethiopian Airlines Corporation Air Bridge Carriers Ltd Federal Express Corporation Air Canada Finnair Oy Air Europe Ltd Friendly Islands Airways Ltd Air France Gambia Air Shuttle Ltd Air Gabon Garuda Indonesia Air Guinee German Wings Luftfahrtunternehmen GmbH Air Jamaica Ltd Ghana Airways Corporation Air Littoral Gulf Air Company GSC Air Madagascar Hong Kong Dragon Airlines Ltd (Dragonair) Air Malawi Ltd Iberia (Lineas Aereas de Espana SA) Air Malta Company Ltd Icelandair Air Martinique Indian Airlines Iran Air, The Airline of the Islamic Republic of Iran Air Mauritius Iraqi Airways Air New Zealand Ltd Jamahiriya Libyan Arab Airlines Air Niugini Japan Airlines Co. Ltd Air Pacific Ltd Japan Air System Co. Ltd Air Seychelles Ltd Jugoslovenski Aerotransport (JAT) Air Tanzania Corporation Kenya Airways Ltd Air Tungaru Corporation KLM Royal Dutch Airlines Air UK Korean Air Air Zaire Kuwait Airways Corporation Air Zimbabwe Corporation LAM — Linhas Aereas de Mozambique Air-India Lauda Air Luftfahrt AG Airline of the Marshall Islands Lesotho Airways Corporation Alaska Airlines Inc. Linea Aerea del Cobre SA (Ladeco) Alisarda SpA Linea Aerea Nacional-Chile SA (LAN-Chile) Alitalia — Linee Aeree Italiane SpA Lineas Aereas Costarricenses SA (Lacsa) All Nippon Airways Co., Ltd Lineas Aereas Paraguayas — LAP American Airlines Inc. Lloyd Aereo Boliviano SA (LAB) America West Airlines, Inc. Loganair Ltd Ariana Afghan Airlines Co. Ltd London City Airways Malev — Hungarian Airlines Austrian Airlines Manx Airlines Ltd Balkan Bulgarian Airlines Middle East Airlines Airliban (MEA) Berlin European UK Ltd Nationair Canada Birmingham European Airways pic NFD Luftverkehrs AG Braathens SAFE Nigeria Airways Ltd British Airways pic Nippon Cargo Airlines (NCA) British Midland Airways Ltd Olympic Airways, SA Brymon Airways Pakistan International Airlines Corp. (PIA) Cameroon Airlines Pan America World Airways, Inc. Canadian Airlines International Ltd Philippine Airlines Inc. Caribbean Air Cargo Company Ltd PLUNA — Primeras Lineas Uruguayas de Navegacion Aerea Ceskoslovenske Aerolinie (CSA) Polskie Linie Lotnicze (LOT) Compania Mexicana de Aviacion SA de CV (Mexicana) Polynesian Airlines Ltd Continental Airlines Inc Qantas Airways Ltd Cook Islands International Airlines Ltd Royal Air Maroc No C 267/8 Official Journal of the European Communities 23. 10. 90

Royal Jordanian (ALIA — The Royal Jordanian Airline) Associate members Royal Swazi National Airways Corp. Ltd Ryanair Ltd Aero Lloyd Flugreisen GmbH & Co. Luftverkehrs-KG Sabena (Societe anonyme beige d'exploitation de la navigation Air America (Air Specialities Corp. d/b/a Air America) aerienne) Air Ecosse Ltd Air Inter (Lignes Aeriennes Interieures) Saudi Arabian Airlines Corp. (Saudia) Air Reunion Scandinavian Airlines System (SAS) Air Tahiti Scottish European Airways Aloha Airlines, Inc. Solomon Airlines Ansett Airlines of Australia Somali Airlines Ansett New Zealand South African Airways (SAA) Austral Lineas Aereas SA Sudan Airways Company Ltd Australian Airlines Ltd Swedair AB Aviacion y Comercio, SA (Aviaco) Swiss Air Transport Co. Ltd (Swissair) Commercial Airways (Pty) Ltd Syrian Arab Airlines DLT Deutsche Luftverkehrsgesellschaft mbH TAAG — Linhas Aereas de Angola (Angola Airlines) Douglas Airways (Pty) Ltd East-West Airlines TAP — Air Portugal Falcon Cargo AB Tempelhof Airways USA Inc. Flight West Airlines Ltd Tower Air Inc. Intair Trans-Mediterranean Airways SAL (TMA) IPEC Aviation Transavia Holland BV d/b/a Transavia Airlines Kendell Airlines Trans World Airlines Inc. (TWA) LAR Transregional (Linhas Regionais SA) Trinidad & Tobago (BWIA International) Airways Corp. Mount Cook Airlines Tunis Air Namib Air (Pty) Ltd Turk Hava Yollari AO (Turkish Airlines) Salair AB United Airlines Sunflower Airlines Ltd USAir, Inc. Sunstate Airlines UTA (Union de Transports Aeriens) TALAIR (Pty) Ltd Transbrasil SA Linhas Aereas (Trans Brasil) VARIG SA (Viacao Aerea Rio-Grandense) Trans-Jamaican Airlines Ltd Venezolana Internacional de Aviacion SA (Viasa) Transport Aerien Transregional (TAT) Virgin Atlantic Airways Vayudoot Ltd YEMENIA Yemen Airways Viacao Aerea Sao Paulo SA (VASP) Zambia Airways Corporation Ltd Wairarapa Airlines Ltd ZAS Airline of Egypt Wideroe Flyveselskap A/S 23. 10.90 Official Journal of the European Communities No C 267/9

COURT OF JUSTICE

JUDGMENT OF THE COURT a preliminary ruling in the case of Heinrich Wehrs, a farmer, v. Hauptzollamt [Principal Customs Office] (First Chamber) Luneburg, on the following question: of 3 October 1990 in Case C-61/89 (reference for a preliminary ruling made Is the second indent of Article 3a (1) of Council Regu lation (EEC) No 857/84 ('), as amended by Council by the Cour d'Appel, Aix-en-Provence): criminal 2 proceedings against Marc Gaston Bouchoucha (') Regulation (EEC) No 764/89 ( ), valid in so far as persons taking over a premium granted pursuant to (Freedom of establishment: Practice of paramedical Council Regulation (EEC) No 1078/77 (3) are barred professions (osteopathy)) from allocation of a provisional special reference quantity if they have received a reference quantity under (90/C 267/03) Article 2 of Regulation (EEC) No 857/84? - (Language of the Case: French)

(Provisional translation; the definitive translation will be published in the Reports of Cases be/ore the Court) O OJ No L 90, 1984, p. 13. O OJ No L 84, 1989, p. 2. 5 In Case C-61/89: reference to the Court under Article ( ) OJ No L 131, 1977, p. 1. 177 of the EEC Treaty by the Cour d'Appel [Court of Appeal], Aix-en-Provence, for a preliminary ruling in the criminal proceedings pending before that court against Marc Gaston Bouchoucha on the interpretation of Article 52 et seq. of the Treaty establishing the European Economic Community — the Court (First Chamber), composed of Sir Gordon Slynn, President of the Chamber, R. Joliet and G. C. Rodriguez Iglesias, Judges: M. Darmon, Advocate-General; D. Louterman, Principal Action brought on 20 September 1990 by the Administrator, for the Registrar, gave a judgment on 3 Commission of the European Communities against the October 1990, the operative part of which is as follows: Federal Republic of Germany

In the absence of harmonization at the Community level in (Case C-290/90) relation to activities relating solely to the practice of medicine, Article 52 of the EEC Treaty does not preclude a (90/C 267/05) Member State from reserving a paramedical activity, such as, in particular, osteopathy, exclusively to those holding the qualification of Doctor oj Medicine. An action against the Federal Republic of Germany was brought before the Court of Justice of the European Communities on 20 September 1990 by the Commission (') OJ No C 80, 31. 3. 1989. of the European Communities, represented by Jorn Sack, Legal Adviser to the Commission, assisted by Roberto Hayder, with an address for service in Luxembourg at the office of Guido Berardis, a member of its Legal Department, C 254, Wagner Centre, Kirchberg.

Reference for a preliminary ruling by the Finanzgericht The applicant claims that the Court should: Hamburg by order of that court of 12 July 1990 in the Case of Heinrich Wehrs v. Hauptzollamt Luneburg 1. Declare that by making the marketing of eye-wash solutions imported from another Member State (Case C-264/90) dependent upon authorization to market medicinal (90/C 267/04) products under Directive 65/65/EEC (') of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action Reference has been made to the Court of Justice of the relating to proprietary medicinal products and the European Communities by order of the Finanzgericht provisions of [Finance Court] Hamburg (IVth Senate), which was received at the Court Registry on 4 September 1990, for (') Official Journal, English Special Edition 1965-1966, p. 20. No C 267/10 Official Journal of the European Communities 23. 10. 90

the Medicinal Products Law adopted to implement it, Action brought on 21 September 1990 by the Portuguese the Federal Republic of Germany has failed to fulfil Republic against the Council of the European its obligations under Article 30 of the EEC Treaty. Communities

(Case C-291/90) 2. Order the Federal Republic of Germany to pay the costs. (90/C 267/06)

Contentions and main arguments adduced in support: An action against the Council of the European Communities was brought before the Court of Justice of The parties are at issue over the applicability of Directive the European Communities on 21 September 1990 by the 65/65/EEC and the German Law on medicinal products Portuguese Republic, represented by Professor Joao to wash solutions of the firm Prevor, Valmondois Mota de Campos, Dr Luis Ines Fernandes, Dr Marcelo (France) in so far as they are to be marketed as eye-wash Vasconcelos and Dr Maria Luisa Duarte, acting as solutions (eye-baths) with special equipment. In the Agents, with an address for service in Luxembourg at the Commission's view these solutions composed of distilled Portuguese Embassy, 33 Allee Scheffer. water with various additives (salts and salt derivatives), such as for example sodium chloride and hydrocarbonate The applicant claims that the Court should: of soda are not medicinal products within the meaning — declare Council Regulation (EEC) No 1875/90 of 27 of the Directive since they have simply a cleansing effect. June 1990 (2) null and void; Nor is it possible to infer from the presentation and publicity material of the manufacturing firm that it is a — order the Council of the European Communities to medicinal product or of therapeutical effect. The pay the costs. Commission considers that the wrongful application of the Directive to a product imported from another The contentions and main arguments adduced in support 2 Member State is an infringement of Article 30 of the are the same as those in Case C-63/90 ( ). EEC Treaty, which is not justified by Article 36 of the EEC Treaty. (') Amending Regulation (EEC) No 4054/89 allocating for 1990 Community catch quotas in Greenland waters (OJ No L 171, 4. 7. 1990, p. 3). O OJ.No C 109, 3. 5. 1990, p. 8. 23. 10. 90 Official Journal of the European Communities No C 267/11

II (Preparatory Acts)

COMMISSION

Proposal for a Council Regulation (EEC) on the introduction and the maintenance of agri cultural production methods compatible with the requirements of the protection of the envi ronment and the maintenance of the countryside

COM(90) 366 final

(Submitted by the Commission on 3 August 1990)

(90/C 267/07)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, structures ('), as last amended by Regulation (EEC) No 752/90 (2) and defined in Article 4 of Commission Regu lation (EEC) No 4115/88 (5); Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof, Whereas the scale of the problem requires that such a scheme be applicable to all farmers in the Community;

Having regard to the proposal from the Commission, Whereas such a scheme must also make it possible to encourage the introduction of special production Having regard to the opinion of the European methods to solve specific problems related to the Parliament, protection of the environment or the countryside;

Having regard to the opinion of the Economic and Whereas many areas in the Community are threatened Social Committee, by increasingly serious natural hazards such as soil erosion, flooding and the danger of fires, and whereas the introduction of special measures to encourage the Whereas environmental considerations must be gradually upkeep or afforestation of land can reduce such hazards; integrated into the common agricultural policy and European agricultural practices; Whereas the set-aside scheme provided for in Article la of Regulation (EEC) No 797/85 should be adjusted Whereas farmers can serve society as a whole by intro to make it more compatible with environmental ducing or continuing to use production methods requirements; compatible with the increasingly urgent need for protection of the environment and natural resources and upkeep of the landscape and the countryside; Whereas extending the period during which the set-aside premium is granted could encourage beneficiaries to afforest agricultural land set aside under the scheme; Whereas the introduction of an aid scheme to encourage substantial reductions in the use of fertilizers or plant protection products can contribute not only to a reduction in pollution through farming but also to the Whereas both the Community and the Member States adjustment of a number of sectors to market must increase their effort to educate and inform requirements by encouraging less intensive production regarding the introduction of production methods methods; whereas, therefore, such a scheme could replace the extensification scheme provided for in Article (1) OJ No L 93, 30. 3. 1985, p. 1. lb of Council Regulation (EEC) No 797/85 of 12 (2) OJ No L 83, 30. 3. 1990, p. 1. March 1985 on improving the efficiency of agricultural (3) OJ No L 361, 29. 12. 1988, p. 13. No C 267/12 Official Journal of the European Communities 23. 10. 90

which are compatible with the environment, and in (b) the amount of the aid on the basis of the under particular regarding the application of a code of good taking made by the recipient and the loss of income, farming practice; and the extent to which the measure is to act as an incentive;

Whereas the rules laid down by Regulation (EEC) No 797/85 regarding the implementation of measures by the (c) the undertaking to be made by the recipient, Member States and the Community's financial contri particularly with a view to verifying that the use of bution can apply mutatis mutandis to the measures fertilizers and plant protection products is actually provided for in this Regulation, reduced;

(d) the conditions under which the premium may be HAS ADOPTED THIS REGULATION: granted where the farmer himself is not in a position to make an undertaking for a period of five years.

Article 1 4. Member States may, besides the reduction in the A common measure within the meaning of Article 2 (1) use of fertilizers and plant protection substances, extend of Regulation (EEC) No 4256/88 (») is hereby the measure to include the introduction of other farming introduced under objective 5a as defined in Article 1 of practices compatible with protection of the environment Regulation (EEC) No 2052/88 (2) and intended: and natural resources and with upkeep of the landscape and the countryside, as well as environmental preser vation practices traditionally linked to farming, especially (i) to encourage the introduction or continued use of in areas which are particularly sensitive from this point farming practices compatible with the requirements of view. of protecting the environment and natural resources, thereby contributing to the adaptation and adjustment of agricultural production in line with 5. This Regulation shall not apply to the spreading of market requirements; animal manure.

(ii) to encourage upkeep of the landscape and countryside, particularly in areas sensitive in this Article 3 respect and in areas threatened by natural hazards 1. The maximum amount of the annual premium per and fires. hectare eligible for aid from the Fund shall be:

— ECU 180 for annual crops and pasture, Article 2 1. Member States shall, pursuant to the common — ECU 300 for specialized olive groves, measure referred to in Article 1, introduce an aid scheme to encourage farmers substantially to reduce their use of fertilizers and plant protection products, thereby — ECU 900 for citrus fruits, achieving less intensive forms of production compatible with the need to protect the environment. — ECU 600 for other perennial crops and wine.

2. The aid scheme shall consist in an annual premium 2. Under conditions to be set by the Commission in per hectare granted to farmers who undertake, for at accordance with the procedure laid down in Article 25 of least five years, to reduce their use of fertilizers and of Regulation (EEC) No 797/85, the Fund may also plant protection products, provided that the use of such contribute to annual premiums per hectare granted by products is not increased on other parts of their holdings Member States to compensate for losses of income and that other production capacity does not increase. resulting from the compulsory restrictions referred to in Article 2 following the implementation in the Member 3. Member States shall determine: States of measures adopted under Community rules.

(a) the conditions for granting the aid, in particular the Article 4 detailed rules for reducing the use of fertilizers and plant protection products; 1. Member States may, in areas particularly threatened by natural hazards (such as erosion and flooding) or fire due notably to abandonment of farming or large-scale depopulation, introduce an aid scheme to (') OJ No L 374, 31. 12. 1988, p. 25. encourage the upkeep of abandoned farmland or O OJ No L 185, 15. 7. 1988, p. 9. woodlands. 23. 10. 90 Official Journal of the European Communities No C 267/13

2. The aid scheme shall consist in an annual premium Article 6 per hectare granted to farmers within the meaning of Subject to the maximum eligible amounts laid down in Article 2 (1) (a) of Regulation (EEC) No 797/85 who Article 20 of Regulation (EEC) No 797/85, the Fund undertake to be responsible for the upkeep of abandoned farmland or woodlands for at least five years. can contribute to afforestation operations carried out by the competent authorities of Member States on farmland in the areas referred to in Article 4. 3. The Member States shall determine:

(a) the areas referred to in paragraph 1; Article 7

(b) the measures to be undertaken for the upkeep of 1. The aid scheme provided for in Article 21 of Regu land; lation (EEC) No 797/85 may cover courses of instruction or training in farming practices compatible with protection of the environment and natural resources (c) the conditions for granting the aid; and the upkeep of the landscape and countryside, in particular the introduction of a code of good farming (d) the amount of the premium, which may not be less practice. than ECU 30 per hectare;

(e) the conditions in which the premium may be granted The scheme may cover demonstration projects to persons other than farmers, where no farmers are concerning farming practices compatible with protection available. of the environment, in particular the application of a code of good farming practice and assistance for training 4. The maximum amount of the annual premium per and education initiatives by competent local or non-governmental organizations in this field. hectare eligible under the Fund shall be ECU 150.

Article 5 Article 8 1. Where a beneficiary under the set-aside scheme provided for in Article lb of Regulation (EEC) No For the purpose of this Regulation, application of Article 797/85 undertakes to apply special measures for the lb of Regulation (EEC) No 797/85 shall be restricted to upkeep of land set aside under this scheme with a view the quantitative method of extensification, as defined in to protecting and improving the environment, a premium Article 4 of Regulation (EEC) No 4115/88, on the basis of ECU 100 per hectare may be granted in addition to of the actual reduction in quantitative terms. the aid for set-aside.

Member States shall determine the conditions of this However, Member States may continue to apply the undertaking and the amount of the additional premium. extensification schemes adopted before the entry into force of this Regulation and approved by the Commission in accordance with Article 25 of the 2. Where a beneficiary under the set-aside scheme abovementioned Regulation. afforests land in respect of which set-aside aid has been granted, or where he uses this land for ecological purposes of which the Community interest is well estab lished, the aid may be granted for a period of not more Article 9 than 20 years. 1. Articles 19 to 19c of Regulation (EEC) No 797/85 are hereby repealed. However, they shall continue to Member States shall determine the duration of such aid apply to aid granted before the entry into force of this on the basis of the species or types of trees used for Regulation. afforestation, as well as the duration and the conditions of use towards ecological ends.

2. The maximum amount eligible under the Fund for 3. The Commission may, in accordance with the aid granted before the entry into force of this Regulation procedure laid down in Article 25 of Regulation (EEC) pursuant to Article 19 of Regulation (EEC) No 797/85 No 797/85, adapt the conditions for granting aid to shall be increased, for annual premiums still to be paid afforestation, provided for in Article 20 of the said after the introduction of the measures provided for in Regulation, when it is carried out on land taken out of this Regulation, to the maximum eligible amount production in application of the Community set-aside resulting from the application of Article 3 (1) of this scheme. Regulation. No C 267/14 Official Journal of the European Communities 23. 10. 90

Article 10 implement this Regulation not later than 12 months after its entry into force. Articles 24 to 28, 31 and 31a of Regulation (EEC) No 797/85 shall apply, mutatis mutandis, to the common measure provided for in this Regulation. Article 12 Article 26 (1), second sentence of Regulation (EEC) No 797/85 shall apply to expenditure incurred by the This Regulation shall enter into force on the third day Member States within the framework of actions provided following that of its publication in the Official Journal of for in Article 5(1) and (2) of this Regulation. the European Communities.

Article 11 Without prejudice to the second paragraph of Article 8, This Regulation shall be binding in its entirety and Member States shall take the necessary measures to directly applicable in all Member States.

Modification of the draft Financial Regulation applicable to development finance cooperation under the Fourth Lome Convention

COM(90) 446 final

(Submitted by the Commission on 2 October 1990)

(90/C 267/08)

The Commission's proposal for a Financial Regulation relating to the Fourth Lome Convention submitted to the Council as COM(90) 243 final (') on 25 June 1990 is modified as follows: Article 72 (2) is deleted. Article 72 (3), (4), (5) and (6) is renumbered Article 72 (2), (3), (4) and (5) respectively.

O OJ No C 165, 6. 7. 1990, p. 8. 23. 10. 90 Official Journal of the European Communities No C 267/15

Proposal for a Council Directive amending Directive 89/396/EEC on indications or marks identifying the lot to which a foodstuff belongs

COM(90) 440 final — SYN 304

(Submitted by the Commission on 5 October 1990)

(90/C 267/09)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas it is necessary to take account of the fact that the immediate consumption on purchase of certain foodstuffs such as ice-cream in individual portions means that indicating the lot directly on the individual packaging would serve no useful purpose; whereas Council Directive 89/396/EEC (') should therefore be amended;

Whereas, however, it is compulsory in the case of these products to indicate the lot on the combined package,

HAS ADOPTED THIS DIRECTIVE:

Article 1 In Article 2 (2) of Directive 89/396/EEC the following point (d) is hereby added: '(d) to individual portions of ice cream, provided that the lot is indicated on the combined packages.'

Article 2 This Directive is addressed to the Member States.

O OJ No L 186, 30. 6. 1989, p. 21. No C 267/16 Official Journal of the European Communities 23. 10. 90

III (Notices) COMMISSION

Outcome of the invitations to tender (Community food aid) (90/C 267/10) as provided for in Article 9 (5) of Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (Official Journal of the European Communities No L 204 of 25 July 1987, page 1) 15 and 16 October 1990

Num Awarded Regulation Action Lot Recipient Product Quantity Delivery ber of Successful tenderer price (EEC) No No (tonnes) stage tender (ECU/ ers tonne)

2709/90 718/90 B LICROSS/Rwanda LEPv 50 DEST 1 Mutual Aid, Antwerp (B) 1 640,65

2843/90 803/90 A Peoples Republic of China LEP 412 DEST 5 Hoogwegt, Arnhem (NL) 1 168,00 804/90 B Peoples Republic of China LEP 562 DEST 3 n.a. O n.a. (') 805/90 C Peoples Republic of China LEP 444 DEST 4 Hoogwegt, Arnhem (NL) 1 182,00 806/90 D Peoples Republic of China LEP 444 DEST 5 n.a. O n.a. C) 807/90 E Peoples Republic of China LEP 585 DEST 3 n.a. C) n.a. (') 808/90 F Peoples Republic of China LEP 600 DEST 4 Hoogwegt, Arnhem (NL) 1 182,00 809/90 G Peoples Republic of China LEP 444 DEST 6 n.a. O n.a. O 810/90 H Peoples Republic of China LEP 888 DEST 4 Hoogwegt, Arnhem (NL) 1 187,00 811/90 I Peoples Republic of China LEP 585 DEST 5 n.a. O n.a. (*) 812/90 K Peoples Republic of China LEP 600 DEST 4 n.a. O n.a. O 410/90 L PAM/Morocco LEP 700 EMB 5 Milco, Copenhagen (DK) 1 087,55

2844/90 813/90 A Peoples Republic of China BO 137 DEST 6 V.I.V., Vreeland (NL) 1 466,00 814/90 B Peoples Republic of China BO 187 DEST 6 V.I.V., Vreeland (NL) 1 468,00 815/90 C Peoples Republic of China BO 148 DEST 7 Laiterie du Pare, St Florent (F) 1 423,00 816/90 D Peoples Republic of China BO 148 DEST 8 Laiterie du Pare, St Florent (F) 1 408,00 817/90 E Peoples Republic of China BO 395 DEST 7 Francexpa, Den Haag (NL) 1 451,87 818/90 F Peoples Republic of China BO 148 DEST 7 Laiterie du Pare, St Florent (F) 1 423,00 819/90 G Peoples Republic of China BO 296 DEST 6 Corman, Goe Dolhain (B) 1 447,00 820/90 H Peoples Republic of China BO 395 DEST 6 Corman, Goe Dolhain (B) 1 446,00

2661/90 667-669/90 B ONG/Chile FBLT 3 546 EMB 1 n.a. O n.a. O 582/90 C ONG/Vietnam FBLT 9 560 EMB 0 n.a. O n.a. O

2662/90 901/90 III LICROSS/Bolivia HCOLZ 40 DEST 1 n.a. O n.a. (')

n.a.: No contract was awarded. (') Second invitation to tender to be held on 29 October 1990 at 12 noon. (2) New Regulation. BLT: Common wheat DUR: Durum wheat HOLI: Olive oil FBLT: Common wheat flour FMAI: Maize flour HCOLZ: Refined rape or colza oil CBL: Long grain milled rice GMAI: Maize groats HPALM: Semi-refined palm oil CBM: Medium grain milled rice LENP: Whole milk powder HTOUR: Refined sunflower oil CBR: Round grain milled rice LEP: Skimmed-milk powder CB: Corned beef BRI: Broken rice LEPv: Vitaminized skimmed-milk powder DEB: Free at port of landing — landed FHAF: Rolled oats BO: Butteroil DEN: Free at port of landing — ex ship MAI: Maize B: Butter EMB: Free at port of shipment SOR: Sorghum SU: Sugar DEST: Free at destination RIZ: Rice GDU: Durum wheat semolina FEQ: Beans (Viciafaba equina) ME: Meslin CT: Tomato concentrate RsC: Currants PA: Pasta