Article 2
This Decision is addressed to the French Republic. Done at Brussels, 10 June 1998. For the Commission Karel VAN MIERT Member of the Commission (1) [1995] ECR II-2501. (2) OJ C 366, 5. 12. 1996, p. 7. (3) Books published by large publishing houses can be recognised automatically by optical scanning using the EAN code. (4) CELF has submitted a list containing information on all orders for the year 1994 (showing such things as bookseller, country, number of invoices of FRF 500 or less, number of items ordered, number of books ordered, value in FRF, number of items supplied, etc.). (5) According to CELF, these revenues are related to other activities of CELF, in particular to the 'Plus` programme. (6) The French Government observes here that what is in fact involved is 3 % to 6 % of turnover, and not 3 % to 6 % of orders. Almost 50 % of the orders are small orders. (7) The French Government points out once more that the use made of the subsidy is monitored ex post, with any amounts not used being deducted from the subsidy for the following year. (8) In the case of La Poste (State aid measure No NN 135/92, France), the Commission likewise considered the application of Articles 92 and 90(2) separately from that of Articles 85 and 86. (9) The Court upheld the Commission's decision in so far as it authorised aid to CELF for administering public programmes, that is to say aid other than that for the handling of small orders, on the ground that it did not constitute State aid caught by Article 92(1) because it had no effect on trade between Member States; these measures are not considered here and are outside the scope of the State aid rules. (10) European Commission, Panorama of EU Industry - 1997. (11) Syndicat National de l'Édition, L'Édition de livres en France - Statistiques 1993. (12) On these markets, almost all orders from booksellers are sufficiently large to be placed directly with publishers and conventional distributors. (13) The table covers the west European countries, North America, numerous African countries (in most of which French is spoken) and other countries around the world (such as Japan, Brazil, Mexico and Russia). (14) It sometimes happens, exceptionally, that CELF supplies customers who are not dealers, either because there is no local dealer, or for the account of publishers who pass on to CELF specific orders which they receive. (15) Judgment of the Court of Justice in Case C-387/92 Banco Exterior de España v. Ayuntamiento de Valencia [1994] ECR I-877, paragraph 21. (16) Judgments of the Court of Justice in Case 127/73 BRT v. SABAM and NV Fonior [1974] ECR 313, paragraph 20, and in Case 66/86 Ahmed Saeed Flugreisen and Others v. Zentrale zur Bekämpfung Unlauteren Wettbewerbs [1989] ECR 803. (17) Judgment of the Court of Justice in Case C-159/94 Commission v. France [1997] ECR I-5815, paragraph 66. (18) See footnote 2, at point 9. COMMISSION DECISION of 27 January 1999 amending Decision 94/652/EC establishing the inventory and distribution of tasks to be undertaken within the framework of cooperation by Member States in the scientific examination of questions relating to food (notified under document number C(1999) 138) (Text with EEA relevance) (1999/134/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food (1), and in particular Article 3 thereof, Whereas Commission Decision 94/458/EC (2) has laid down rules on the administrative management of cooperation in the scientific examination of questions relating to food; Whereas Commission Decision 94/652/EC (3) has established the inventory and distribution of tasks to be undertaken within the framework of cooperation by Member States in the scientific examination of questions relating to food; whereas Article 3 of Directive 93/5/EEC provides for the updating at least every six months of the inventory and distribution of tasks; Whereas the inventory of tasks should be established and updated having regard to the need for the protection of public health within the Community and the requirements of Community legislation in the foodstuffs sector; Whereas the tasks should be distributed having regard to the scientific expertise and resources available within the Member States and in particular, within the institutes which will be participating in the scientific cooperation; Whereas the measures provided for by this Decision are in accordance with the opinion of the Standing Committee for Food, HAS ADOPTED THIS DECISION: