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I. Agriculture, Fisheries, and Environment
Published online by Cambridge University Press: 17 January 2008
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- Current Developments: European Community Law
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- Copyright © British Institute of International and Comparative Law 2000
References
1. Council Regulation (EC) No.1254/1999 of 17 May 1999 on the common organisation of the markets in beef and veal, (1999) O.J. L160/21 (26 Jun.).
2. Council Regulation (EC) No.1255/1999 of 17 May 1999 on the common organisation of the markets in milk and milk products, (1999) O.J. L160/48 (26 Jun.).
3. Council Regulation (EC) No.1256/1999 of 17 May 1999 amending Regulation (EC) No.3950/92 establishing an additional levy in the milk and milk products sector, (1999) O.J. L160/73 (26 Jun.).
4. Council Regulation (EC) No. 1493/1999 of 17 May 1999 on the common organisation of the markets in wine, (1999) O.J. L179/1 (14 Jul.).
5. Council Regulation (EC) No.2467/98 of 3 Nov. 1998 on the common organisation of the markets in sheepmeat and goatmeat, (1998) O.J. L312/1 (20 Nov.).
6. Council Regulation (EC) No.2038/1999 of 13 Sept. 1999 on the common organisation of the markets in the sugar sector, (1999) O.J. L252/1 (25 Sept.).
7. Council Regulation (EC) No.1253/1999 of 17 May 1999 amending Regulation (EEC) No.1766/92 on the common organisation of the markets in cereals and repealing Regulation (EEC) No.2731/75 fixing standard qualities for cὀmmon wheat, rye, barley, maize, and durum wheat, (1999) O.J. L160/18 (26 Jun.).
8. Council Regulation (EC) No.1252/1999 of 17 May 1999 amending Regulation (EC) No. 1868/94 establishing a quota system for the production of potato starch, (1999) O.J. L160/15 (26 Jun.).
9. The COM in sheepmeat and goatmeat (above fn.5) features this structure in its purest form.
10. E.g. Art.9 of the COM in sugar (above fn.6), Art.6 of the COM in milk and milk products (above fn.3)
11. E.g. Arts.26 and 27 of the COM in beef and veal (above fn.1)
12. Arts.12,13; 4–11; similar Arts.16–25 of the COM in milk and milk products (above fn.3)
13. Arts.2 (exceptions in 3–7), 8–14
14. Arts.26–39
15. Arts.29–36 of the COM in beef and veal; Arts.26–35 of the COM in milk and milk products; Arts.59–69 of the COM in wine; Arts.14–20 of the COM in sheepmeat and goatmeat; Arts. 13–25 of the COM in sugar, which also has a separate chapter (Aru.40–44) on preferential imports from the ACP countries and from India.
16. Financial Times, 2 November 1999: “EU: farm subsidies reined in.” This is part of the cost-cutting measures mentioned in the next footnote and the accompanying text.Google Scholar
17. Bulletin of the European Union 3/1999, Pt.1.12 (pp.9–10). In this context, see Council Regulation (EC) No.1251/1999 of 17 May 1999 establishing a support scheme for producers of certain arable crops, (1999) O.J. L160/1 (26 Jun.).
18. Council Regulation (EC) No. 1258/1999 of 17 May 1999 on the financing of the common agricultural policy, (1999) O.J. L160/103 (26 Jun.). Separate arrangements for the fisheries sector are made in Council Regulation (EC) No.1263/1999 of 21 June 1999 on the Financial Instrument for Fisheries Guidance (FIFG), (1999) O.J. L161/54 (26 Jun.).
19. Council Regulation (EC) No.1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund and amending certain Regulations, (1999) O.J. L160/80 (26 Jun.). This is complemented, and partly refers to, Council Regulation (EC) No.1260/1999 laying down general provisions on the Structural Funds, and Regulation (EC) No. 1261/1999 of the EP and the Council on the European Regional Development Fund, both of 21 Jun. 1999, (1999) O.J. L161/1, /43 (26 Jun.).
20. Council Regulation (EC) No.1259/1999 of 17 May 1999 establishing common rules for direct support schemes under the common agricultural policy, (1999) O.J. L160/113 (26 Jun.).
21. Council Regulation (EC) No.2799/98 of 15 Dec 1998 establishing agrimonetary arrangements for the Euro, (1999) O.J. L349/1 (24 Dec.), implemented by Commission Regulations (EC) Nos.2808/98, 2810/98, and 2813/98, all of 22 Dec. 1998, (1998) O.J. L349/36,/44,/98 (24Dec.).
22. Reg. 1258/1999 (above fn.18), Art.l.
23. Arts.4(l)and(2), 8(l).
24. Arts.5, 7(3) and (4), 8(2).
25. Reg. (EC) No.1257/1999 (above fn.19), Arts.22–24.
26. Reg. (EC) No.1259/1999 (above fn.20), Arts.3 and 5(2). Member States may also reduce payments if the overall prosperity of a holding, or the sum total of direct payments to it, exceeds limits to be set by the member States, Art.4(1).
27. Cf. the survey in 47 [1998] I.C.L.Q. 706 at pp.707–708.
28. Commission Recommendation of 22 Jul. 1998 concerning information necessary to support applications for the evaluation of the epidemiological status of countries with respect to transmissible spongiform encephalopathies (98/477/EC), (1999) O.J. L212/58 (30 Jul.).
29. Council Regulation (EC) No.2071/98 of 28 Sept. 1998 on publicity measures on the labelling of beef and veal, (1999) O.J. L265/2 (30 Sept).
30. Council Decision of 19 Jul. 1999 on measures applying to the processing of certain animal waste to protect against BSE and amending Commission Decision 97/735/EC (1999/534/EC), (1999) O.J. L204/37 (4 Aug.).
31. Council Decision of 17 December 1998 amending Commission Decision 97/534/EC on the prohibition of the use of material presenting risks as regards TSE (98/745/EC), (1998) O.J. L358/113 (31 Dec.), Art.1: to 31 Dec. 1999; cf. fn.19 and accompanying text in the last survey, loc. cit.
32. Commission Decision of 4 May 1999 excluding from Community financing certain expenditure incurred by the United Kingdom under the Guarantée Section of the EAGGF (1999/350/EC), (1999) O.J. L133/60 (28 May). In view of the sum denied–£22,807,424—this can only refer to a small part of the programme, whose total costs to the government of the UK will have amounted to £4.2bn. by 2001, see Financial Times, 19 Aug. 1999.
33. Commission Decision of 7 Oct. 1998 amending Council Decision 98/256/EC as regards certain emergency measures to protect against BSE (98/564/EC), (1998) O.J. L273/37 (9 Oct.), Art.1.
34. Commission Decision of 25 Nov. 1998 amending Council Decision 98/2567/EC as regards certain emergency measures to protect against BSE (98/692/EC), (1998) O.J. L328/28 (4 Dec.), Art.1.
35. Press release IP/99/500 of 14 Jul. 1999 (available on the Commission's press release site under http://europa.eu.int/rapid).
36. Financial Times, 4 Aug. 1999: “BSE: France and Germany defy lifting ban”.Google Scholar
37. Financial Times, 2/3 Oct. 1999: “Brussels snubbed as France extends ban on UK beef”.Google Scholar
38. MEMO/99/54 of 29 Oct 1999 (available on the Commission's press release site, cf. above).
39. Financial Times, 4 Nov. 1999: “French given eight days to end beef ban”.Google Scholar
40. Financial Times, 6/7 Nov. 1999: “Germany postpones decision on UK beef ban”.Google Scholar
41. Commission Decision of 18 Nov. 1998 concerning emergency measures made necessary by the occurrence of BSE in Portugal (98/653/EC), (1998) O.J. L311/23 (20 Nov.), Arts.2 and 4.
42. Commission Decision of 28 Jul. 1999 amending Decision 98/653/EC concerning emergency measures made necessary by the occurrence of BSE in Portugal (1999/517/EC), (1999) O.J. L197/45 (29 Jul.), Art.1(1) and (2).
43. Commission Decision of 3 Jun. 1999 on protective measures with regard to contamination by dioxins of certain animal products intended for human or animal consumption (1999/363/EC), (1999) O.J. L141/24 (4 Jun.), Arts.1 and 3.
44. Commission Decision 1999/368/EC of 4 Jun. 1999, (1999) O.J. L142/46 (5 Jun.), Arts.1–6.
45. Commission Decision 1999/389/EC of 11 Jun. 1999, (1999) O.J. L147/26 (12 Jun.), Art.1(A).
46. Commission Decision 1999/419/EC of 24 Jun. 1999 amending Decisions 1999/363/EC and 1999/389/EC, (1999) O.J. L159/60 (25 Jun.), Arts.1 and 2.
47. Commission Decision of 11 Jun. 1999 amending Decisions 1999/363/EC and 1999/389/EC, (1999) O.J. L147/29 (12 Jun.), Art.1.
48. Commission Decision 1999/449/EC of 9 Jul. 1999, (1999) O.J. L175/70 (10 Jul.), Art.1.
49. This date was deferred to not later than 30 Sept. 1999 by Commission Decision 1999/601/EC of 1 Sept 1999, (1999) O.J. L232/33 (2 Sept.), Art.l.
50. Commission Decision 1999/551/EC of 6 Aug. 1999 amending Decision 1999/449/EC, (1999) O.J. L209/42 (7 Aug.), Arts.1 (4) and 2.
51. Commission Decision 1999/640/EC of 23 Sept 1999, (1999) O.J. L253/19 (28 Sept.), Arts.1, 3, 5.
52. Commission Press Release IP/99/406 of 21 Jun. 1999.
53. The Economist, 21 Aug. 1999, p.28: “Fear and loathing”.Google Scholar
54. Financial Times, 23 Oct. 1999, p.1: “French use banned waste to make animal feed says EU”.Google Scholar
55. Commission Decision 91/516/EEC of 9 Sept 1991, (1991) O.J. L281/23 (9 Oct. 1991), Art.1 and Annex, List of prohibited ingredients: Nr.1, faeces, urine […]. irrespective of any form of treatment or admixture; Nr.5, sludge from sewage plants treating waste water. On the practices described, cf. The Economist, 30 Oct 1999: “And boue to you too”.
56. Case 178/84, Commission v. Germany (German beer purity rules), [1987] E.C.R. 1227, para.44. This case was about an ingredient in beer which was legal in other member States but prohibited in Germany. The abovementioned animal feed is illegal anywhere in the Community, but the feed is as such no longer present in end products, that is the animals reared on it.
57. Council Directive 1999/29/EC of 22 Apr. 1999 on undesirable substances and products in animal nutrition, (1999) O.J. L115/32 (4 May), Art.3(1). This Directive, unlike the Decision, is concerned only with those substances and products whose presence it is impossible to exclude totally from feedingstuffs and their constituents (Recital 5).
58. Council Directive 98/58/EC of 20 Jul. 1998 concerning the protection of animals kept for farming purposes, (1998) O.J. L221/23 (8 Aug.).
59. Council Directive 1999/74/EC of 17 Jul. 1999 laying down minimum standards for the protection of laying hens, (1999) O.J. L203/53 (3 Aug.), Arts.1(2) and 4(1).
60. Cf. the previous survey, p.709.
61. Council Regulation (EC) No.1637/98 of 20 Jul. 1998 amending Regulation (EC) No.404/93 on the COM in bananas, (1998) O.J. L210/28 (28 Jul.), Art.18(1) and (2), as amended.
62. Art.18(5), as amended.
63. Art.16, 2nd subpara., no.(1), as amended, and Art.18(3), as amended.
64. Commission Regulation (EC) No.2362/98 of 28 Oct. 1998 laying down detailed rules for the implementation of Reg. (EEC) No.404/93, (1998) O. J. L293/32 (31 Oct.), Arts.3 and 7. This Regulation has been amended by Reg. (EC) No.756/1999, (1999) O.J. L98/10 (13 Apr.), and by Reg. (EC) No.2268/1999, (1999) O.J. L277/10 (28 Oct.).
65. Reg. 2362/98, Art.2(1). Any individual rights may be transferred between traditional operators, from traditional operators to newcomers, and between newcomers. In order to prevent sham registrations of newcomers, rights may not be transferred from newcomers to traditional operators, Art.21(2). This hints at the major problem of the entire régime, namely that it benefits primarily the traders in ACP bananas who sell parts of the 30 per cent quota to traders in bananas from third countries, for whose produce there is easily more demand than can be fulfilled under the 66.5 per cent quota, outside of which the tariff becomes prohibitive. The ACP producers, by contrast, benefit much less. In effect, it costs EU consumers $13.25 to give $1 to the ACP banana producers, cf. Wolf, Martin, EU: Going Bananas, in Financial Times, 24 Mar. 1999.Google Scholar
66. Kuschel, Hans-Dieter, [1999] Europaăische Zeitschrift für Wirtschaftsrecht 74.Google Scholar
67. WTO, Overview of the State-of-play of WTO disputes, 19 Oct. 1999, Pt.1(7) (available on the Internet under http://www.wto.org/wto/dispute/bulletin.htm), with references. A wide range of products was affected, such as, among others, meat of swine, bath preparations, handbags, greetings cards, cashmere sweaters, lead acid batteries, etc, see the US communication WT/DS27/43 of 14 Jan. 1999 (available under http//www.wto.org/wto/new/dsweb2.htm).
68. Financial Times, 2 Nov. 1999: “Bananas: Deal may satisfy US concerns.”Google Scholar Simply speaking, as the problems of WTO compatibility stem from the quota system, a “tariff only” solution will probably have to be envisaged.
69. Council Regulation (EC) No.856/1999 of 22 Apr. 1999, (1999) O.J. L108/2 (27 Apr.), Arts.1, 3, 7.
70. Case C–104/97P, Atlanta AG v. Council and Commission, judgment of 14 Oct. 1999, nyr., paras.70–76: the Council could delegate the details of the definition of the concept of an “operator” to the Commission, as this concept is sufficiently outlined in Reg. 404/93; Case T–254/97, Fruchthandelsgesellschaft mbH Chemnitz v. Commission, judgment of 28 Sept. 1999, nyr., paras.60–66: a former GDR fruit importer which had not done any business for some time before the COM in bananas entered into force, and had later build extensive new ripening facilities, could not rely on being able to do enough business under the new importation régime; Case T–612/97, Cordis Obst und Cemüse Groβhandel GmbH v. Commission, judgment of 28 Sept. 1999, nyr., paras.32–43: the entering into force of the COM in bananas did not further aggravate a fruit importer in the former GDR, where ripeners could not, themselves, import bananas under the old Community rules.
71. Directive 92/22/EC, (1996) O.J. L125/3 (23 May), in particular Art.11. For the background to the following, cf. Slotboom, M. M., The Hormones Case, 36 [1999] C.M.L.Rev. 471–491Google Scholar, with useful excerpts from the applicable WTO rules.
72. Commission Decision 1999/301/EC of 30 Apr. 1999 amending Dec. 87/257/EEC on the list of establishments in the USA approved for the purpose of importing fresh meat into the Community and amending Dec. 79/542/EEC, (1999) O. J. L117/52 (5 May), Recitals 7, 9, 10, and Arts.1, 2, 5.
73. Commission Decision 1999/302/EC of 30 Apr. 1999 amending Dec. 94/360/EC, (1999) O.J. L117/58 (5 May), Art.1.
74. Commission Decision 1999/417/EC of 16 Jun. 1999 amending Dec 1999/301/EC, (1999) O.J. L159/56 (25 Jun.), Art.1.
75. Cf. the detailed discussion and the numerous references in Slotboom, loc cit. (above fn.71).
76. Decision by the arbitrators, WT/DS26/ARB, 12 Jul. 1999, Pt.83 (p.17).
77. The products affected are listed in Annex II to the decision by the arbitrators (pp.19–22), among them various meats and offal, flowers, fruit, glues, and motorcycles of up to 500ccm engine capacity.
78. Council Regulation (EC) No.1239/98 of 8 Jun. 1998 amending Reg. (EC) 894/97 laying down certain technical measures for the conservation of fisheries resources, (1998) O.J. L171/1 (17 Jun.). new Arts.11–11b.
79. Council Decision 1999/27/EC of 17 Dec 1998 on a specific measure to encourage diversification out of certain fishing activities, (1999) O.J. L8/22 (14 Jan.), Arts.1 and 5.
80. Council Regulation (EC) No.1447/1999 of 24 Jun. 1999, (1999) O.J. L167/5 (2 Jul.), Art.1 and Annex: Failure to co-operate with the authorities responsible for monitoring; failure to co-operate with observers; failure to observe the conditions to be met when fishing, and three other broad categories, all with numerous sub-headings.
81. Council Regulation (EC) No.1459/1999 of 24 Jun. 1999 amending Reg. (EC) No.850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, (1999) O. J. L168/1 (3 Jul.), new Arts.4 and 15.
82. Council Regulation (EC) No.2846/98 of 17 Dec 1998 amending Reg. (EEC) No.2847/93 establishing a control system applicable to the CFP, (1999) O.J. L358/5 (31 Dec.), new Art.9 (4a–5) and new Title Via (Arts.28c ff.).
83. The Official Journal, part L, of 14 Sept. 1999 alone contains five Regulations prohibiting the fleets of three member States from fishing certain species.
84. Decision No.2179/98/EC of the EP and the Council of 24 Sept. 1998, (1998) O.J. L275/1 (10 Oct.).
85. Art.2.
86. Council Directive 98/81/EC of 26 Oct. 1998 amending Dir. 90/129/EEC on the contained use of genetically modified micro-organisms, (1998) O.J. L330/13 (5 Dec).
87. Arts.5–11 and 14–16, as amended.
88. Arts.13 and 19, as amended.
89. Council Regulation (EC) No.1139/98 of 26 May 1998, (1998) O.J. L159/4 (3 Jun.), which implements the general labelling rules as laid down in Reg. (EC) No.1813/97, O.J. L257/XX (20 Sept).
90. Art.2(3).
91. Council Regulation (EC) No.1420/1999 of 29 Apr. 1999, (1999) O. J. L166/6 (1 Jul.).
92. Recital 5, Art.1, and Annex A. Conspicuously, Russia is willing to accept particularly hazardous waste, such as scrap and waste of lead, tin. Cobalt, Cadmium et al., which every other country has excluded from its list.
93. Council Directive 1999/31/EC of 26 Apr. 1999, (1999) O.J. L182/1 (16 Jul.).
94. Art.4.
95. Arts.5 and 6.
96. Arts.7–9.
97. Art.8 lit. c, Arts.12 and 13.
98. Art.10.
99. Art.11.
100. Art.14.
101. Now Council Directive 98/83/EC of 3 Nov. 1998, (1998) O.J. L330/32 (5 Dec.).
102. Recital 7 and Art.6(1)(d).
103. Council Decision 1999/296/EC of 26 Apr. 1999 amending Decision 93/389/EEC, (1999) O.J. L117/35 (5 May), Art.1.
104. Council Directive 1999/30/EC of 22 Apr. 1999, (1999) O.J. L163/41 (29 Jun.), Arts.3–6, 8.
105. Directive 98/69/EC of the EP and the Council of 13 Oct 1998 relating to measures to be taken against air pollution by emissions from motor vehicles, (1998) O.J. L350/1 (28 Dec.), Art.2.
106. Commission Recommendation of 5 Feb. 1999, (1999) O.J. L40/49 (13 Feb.), Art.1.
107. Directive 98/70/EC of the EP and the Council of 13 Oct. 1998, (1998) O. J. L350/58 (28 Dec.). Art.3(1) and (7).
108. Council Directive 1999/32/EC of 26 Apr. 1999, (1999) O.J. L121/13 (11 May), Arts.3 and 4.