Avis juridique important

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31997D0027

97/27/EC: Commission Decision of 3 December 1996 terminating the anti-dumping proceeding concerning imports of tapered roller bearings originating in Japan

Official Journal L 010 , 14/01/1997 P. 0034 - 0039

COMMISSION DECISION of 3 December 1996 terminating the anti-dumping proceeding concerning imports of tapered roller bearings originating in Japan (97/27/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 23 thereof,Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Community (2), as last amended by Regulation (EC) No 522/94 (3), and in particular Article 9 thereof,Following consultations within the Advisory Committee as provided for by the said Regulation,Whereas:A. PROCEDURE (1) In November 1993, the Commission received a complaint lodged by the Federation of European Bearing Manufacturers' Associations (FEBMA) on behalf of Community producers whose collective output was stated to constitute a major proportion of total Community production of tapered roller bearings (hereinafter referred to as 'TRBs`).(2) The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. After consultation within the Advisory Committee, the Commission accordingly announced, by notice published in the Official Journal of the European Communities (4), the initiation of an anti-dumping proceeding concerning imports into the Community of tapered roller bearings originating in Japan.(3) The Commission officially advised the Community producers, the importers and the Japanese producers known to be concerned as well as the representatives of Japan of the opening of the investigation and gave the parties concerned the opportunity to make known their views in writing and to request a hearing.(4) The Commission sought and verified all information it deemed to be necessary for the purpose of its determination.(5) The investigation period applied in the present proceeding was from 1 October 1993 to 30 June 1994. For the analysis of the trends of the factors analysed for the purposes of establishing whether the Community industry suffered injury caused by the imports in question, the period from 1 January 1991 to 30 June 1994 was applied. In order to ensure comparability of the data relating to the investigation period with that relating to the previous calendar years, this was extrapolated to reflect the situation in a twelve months' period.(6) The investigation has exceeded the normal time period because of the complexity of the assessment of the injury and causality aspects of the proceeding, which were mainly caused by the high number and degree of diversity of the types within the product investigated.(7) The Community industry consists of the following producers:- FAG Kugelfischer Georg Schaefer KGaA (Schweinfurt, Germany),- SKF GmbH (Schweinfurt, Germany),- SKF Industrie SpA (Cascine Vica, Italy),- SKF Espagnola SA (Madrid, Spain),- Timken France (Colmar, France),- British Timken (Northampton, United Kingdom), and- Société Nouvelle de Roulements (Annecy, France).(8) During the investigation period, the following companies exported TRBs from Japan to the European Community:- Koyo Seiko Co. Ltd (Osaka),- NTN Corporation (Osaka),- Nachi Fujikoshi Corporation (Tokyo),- NSK Ltd (Tokyo),- Maekawa Bearing Manufacturing Co. Ltd (Osaka), and- MC International Inc. (Osaka).B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT (9) The product covered by the complaint, and for which the proceeding was opened is tapered roller bearings, including cones and tapered roller assemblies, falling within CN code No 8482 20 00.(10) TRBs include the following components: (1) an inner ring, being a cone-shaped ring, made of the same material as the outer ring (the inner and outer ring are often stamped from the same piece of material); (2) tapered anti-friction rollers, fitted on the inner ring and which allow it to move in relation to the outer ring; (3) a cage, which holds the rollers in place on the inner ring; and (4) an outer ring or cup which is the female part into which the male part, the cone (consisting of the inner ring, rollers and cage), is assembled in order to produce a complete TRB. The principal application for TRBs is in the automotive industry.(11) In Japan and in the Community, TRBs are mainly sold to two categories of customers, namely industrial users and distributors.(12) It was found that TRBs produced in Japan and exported to the Community and TRBs produced by the Community producers are alike in their physical characteristics and uses. They have therefore to be considered as a like product in accordance with Article 2 (12) of Regulation (EEC) No 2423/88.(13) In 1991, the Commission initiated, at the request of the Community industry, a separate anti-dumping proceeding concerning imports of Cups (5) and in 1993 a definitive anti-dumping duty was imposed on this product (6).(14) In connection with the present investigation, the Community industry submitted arguments in favour of the Commission regarding TRBs and Cups as one product and thus merging the investigation under the present proceeding with the concurrent review of the anti-dumping measures applicable to imports of Cups originating in Japan (7). The Japanese producers supported this approach. However, in accordance with the reasoning set forth by the Court of First Instance of the European Community (8), the Commission maintains the position that TRBs and Cups constitute separate products, each of which can legally be the subject of a separate anti-dumping proceeding.C. DEFINITION OF COMMUNITY INDUSTRY (15) One of the Community producers did not submit a satisfactory response to the Commission's questionnaire within the deadline set by the Commission. In view of the non-cooperation on the part of the company in question, it was excluded from the Community industry as determined by the complaint and thus from the Commission's injury determination in connection with the present investigation. For the remainder of this analysis, the term Community industry refers to the cooperating Community producers which supported the complaint, whose collective output of TRBs constitutes a major proportion of total Community production within the meaning of Article 4 (5) of Regulation (EEC) No 2423/88.D. INJURY Consumption (16) Between 1991 and the end of the investigation period, the consumption of TRBs in the European Community decreased from around 150 million pieces to around 135 million pieces, i.e. by around 9 %. The above contraction in the market is the result of the influence of the general business cycle on the TRB market during which the size of the TRB market varies according to the general level of activity on the part of the users of TRBs.Volume and market share of imports (17) Between 1991 and the investigation period, imports, in tonnes, decreased from 5,8 thousand tonnes to 5 thousand tonnes, i.e. by 13,8 % and in the same period the sales thereof, in pieces, decreased from 11 million pieces to 8,5 million pieces, i.e. by 23 %.(18) In the same period the market share of imports of TRBs originating in Japan decreased from 7,4 % in 1991 to 6,2 % in the investigation period.Prices of imports (19) The prices charged by the Japanese producers that had submitted data on prices were compared with the prices charged for types, which the interested parties considered as identical, by the Community producers, by category of customers, in four Member States (Germany, the UK, France and Italy) which were considered as being representative of the situation in the entire Community. On this basis price undercutting was found. The weighted average undercutting margin for those exporters that cooperated with the Commission in this regard, expressed as a percentage of the Community producers' turnover of the types in question, is around 13 %. Furthermore, the Commission's services have analysed the pricing behaviour on the part of the exporters for sales to the two categories of customers mentioned in recital 11 using the same methodology as described above. This analysis showed a trend of higher price undercutting on the part of the Japanese exporters for sales to distributors compared to sales to industrial users. This pricing behaviour refutes the allegations of the Community industry which had stated that the exporters concerned were more aggressive in the market segment most important to it, i.e. industrial users.The situation of the Community industry Market Shares(20) The market share of TRBs produced by the Community industry between 1991 and the end of the investigation period (in pieces) decreased from 80,58 % to 75,52 %. Furthermore, the market share of TRBs manufactured by long established manufacturing facilities outside the European Community of twelve and related to the Community industry (mainly in Austria and the United States) increased from 6,17 % to 10,08 % in the same period.Prices(21) It was found that the prices charged for TRBs by the Community industry in the European Community, expressed in ecu, decreased between 1991 and the end of the investigation period, on average for sales to all categories of customers, by 2,81 %. From 1993, the decrease was of 0,98 %. For sales to industrial users which represent the majority of the total turnover of the Community industry, the decrease between 1991 and the end of the investigation period was of 3,18 % and of 1,87 % from 1993. For sales to distributors, the evolution between 1991 and the end of the investigation period is that there was a price decrease of 0,88 % and an increase of 3,74 % from 1993.Sales(22) Between 1991 and the investigation period, sales, in pieces, of TRBs manufactured in the Community, of the Community industry decreased by 14 %. Furthermore, as mentioned, sales of TRBs manufactured by long established manufacturing facilities in countries outside the Community of twelve and related to the Community industry and subsequently imported into and sold in the Community on the part of the Community industry increased significantly in the same period. Thus, if combined, the sales of the Community industry of TRBs decreased by 10 %, which is in line with the above percentage figure for the market contraction, but increased between 1993 and the investigation period by 8 %.Profitability(23) As to the return on sales of the Community industry specifically relating to the product under investigation, this was negative during the period under consideration developing from a loss of around 11 % in 1991 to a loss of around 17 % in 1993. Between 1993 and the end of the investigation period, the situation of the Community industry improved, however, to a loss of around 7 %.Production(24) Between 1991 and the investigation period, production of the Community industry decreased by around 11 %.Capacity/capacity utilization, research and development and investment(25) The capacity of the Community industry decreased by 9,3 % and its capacity utilization was reduced by 2,2 percentage points. Research and development costs decreased in the same period by 62 % and new investments also decreased substantially.Employment(26) As to employment in the Community industry, between 1991 and the investigation period, this decreased by around 27 %. However, during the period in question, the Community industry shifted capacity within their global manufacturing structure and undertook important restructuring efforts to improve productivity in general which have been reflected in a decrease in employment.Conclusion on injury(27) In the light of the above analysis, it is concluded that the Community industry suffered economic difficulties during the period under consideration. However, financial results, whilst still negative, improved considerably.E. CAUSALITY (28) In accordance with the provisions of the basic regulation, the Commission investigated whether the volumes and prices of the imports concerned were responsible for the situation of the Community industry and had an impact thereon to a degree which enables it to be classified as material. In this investigation, care was taken to ensure that the negative situation of the Community industry caused by other factors was not attributed to the imports concerned.(29) As mentioned, the market share of Japanese imports decreased from 7,4 % in 1991 to 6,2 % in the investigation period. This should be compared to the market share of TRBs manufactured in the Community by the Community producers of 80,58 % in 1991 and 75,52 % in the investigation period - and the fact that the Community industry imported significant quantities of TRBs from long-established related manufacturing facilities located in e.g. the US and Austria for resale in the Community. The market share of such imports ranged from 6,17 % in 1991 to 10,08 % in the investigation period. These imports registered the highest rate of import penetration when compared to other third countries (which increased from 5,86 to 6,68 %) and reached a level higher than that of the Japanese imports both in absolute terms and in terms of market share.(30) In spite of the undercutting on the part of Japanese exporters, the market shares of the Community industry, combined with imports from long-established related manufacturing facilities for the reasons set forth above, remained virtually untouched over the entire period under investigation. The loss of market share of the Community industry is therefore mainly caused by its imports from the manufacturing facilities in third countries and thus self-inflicted. When assessing the impact of Japanese imports on the development of the market share of the Community industry over the period under consideration, including imports from related manufacturing facilities in third countries, the conclusion of the Commission is that this is not to be considered as material.(31) The Community industry argued that it was forced to align its prices to the lower prices, and price offers of the Japanese exporters, in order to defend its market share, with depression and suppression of prices and great financial expenses as a consequence, and that the Japanese exporters thus had a significant impact on the price level in the Community, in spite of their relatively low market share.(32) The existence and the level of the price undercutting for certain transactions in certain sales channels is not considered as decisive for the outcome of the present investigation. According to the provisions of the basic regulation, what matters is the impact thereof. In this regard, the Community industry submitted that the margin of price depression calculated by the Commission should be added a margin of 3 % representing the registered average increase in cost of production in the industry over the same period so as to reflect a margin of price suppression. The Community industry submitted that this price suppression is particularly important with regard to sales to the particular category of customers industrial users. It was submitted on the part of the Community industry that in the recession period (lasting from 1990 to early 1994) the Community industry defended its market share against the lower price offers of Japanese competitors. This was allegedly a necessary reaction of the Community industry during a period of recession, because any loss of volume and market share would have increased the unit costs in the TRB production and thus the losses suffered by the Community industry.(33) The Commission has indeed found that the prices decreased over the period from 1 January 1991 to 30 June 1994. However, if the Community industry had been forced to suppress its prices in order to maintain volumes and market shares, which in fact to a large extent was accomplished, increased financial losses would have been registered. The findings of the investigation demonstrated the opposite, i.e. an upswing in the results of the Community industry and this at a time where no anti-dumping measures were in force with respect to imports of the product under investigation.(34) In view of the foregoing, the Commission does not agree that the imports under investigation depressed or suppressed the prices of the Community industry to a degree which can be classified as material, especially in view of the fact that the period in question was characterized by a recession.(35) With regard to the pricing behaviour of the Japanese exporters, the undercutting on their part of prices charged by the Community industry for sales to industrial customers, which constitute the main category of customers of the Community industry, was found to be lower than that found for sales to distributors, the other category of customers. Thus, the weighted average percentage of undercutting was mainly comprised of higher undercutting on the part of the Japanese exporters for sales to distributors, whereas it should be noted that the limited price depression or suppression found showed the opposite pattern (i.e. it was higher for sales to industrial users than for distributors).(36) The Community industry also submitted that, due to the low price level, it had to reduce its capacity in the Community and investments during the reference period and this in order to lower the break-even point of the industry and thus to reduce its losses. This had led to a situation where the Community industry was not able to meet customer requests during the year 1995. In order to invest in new capacity, the Community industry would allegedly require a substantial higher return on sales than that was registered during the investigation.(37) However, the Commission is of the opinion that it is normal business behaviour to reduce costs and this the more so when the industry is in an economic recession. On the other hand, during a booming market, it may also be normal to increase capacity and to finance this by normal financing resources. This capacity restriction should therefore not be attributed to the imports in question, and this the more so as the volume of these imports decreased more than the capacity restriction of the Community industry. In addition, this capacity restriction must be seen in conjunction with the apparent shift of production on the part of the Community industry to long-established manufacturing facilities in countries outside the Community of twelve.(38) A consideration of all the above factors leads the Commission to conclude that the impact of imports from Japan on the situation of the Community industry does not exist to a degree which enables it to be classified as material within the meaning of Article 4 (1) of Regulation (EEC) No 2423/88.F. THREAT OF INJURY (39) The Community industry claimed that imports from Japan constitute a threat of material injury within the meaning of Article 4 (3) of Regulation (EEC) No 2423/88 and have argued, and submitted data showing that, in particular, imports from Japan increased, in absolute terms, after the investigation period and argued that these were further depressing or suppressing prices.(40) It should be recalled that it has been established by the Commission that, during the period under investigation, the market shares of the Japanese exporters decreased and that the imports in question did not have any material impact on the prices applied by the Community industry during that period.(41) In spite of the data submitted by the Community industry, it cannot be concluded on that basis that any increased import volumes will affect the trend in the development of market shares and prices of the Community industry to an extent which would classify this as a materially injurious impact within the meaning of Article 4 (1) of Regulation (EEC) No 2423/88, especially in view of the apparent upturn of the market after the period under consideration.(42) In addition, the Commission has no indication that production capacity or inventories in Japan have increased or will do so in the foreseeable future.(43) The Commission therefore considers that future material injury to the Community industry caused by Japanese imports is not clearly foreseeable nor imminent and that the adoption of anti-dumping measures on the basis of a threat of injury is not justified.G. DUMPING (44) In view of the above conclusion, the Commission did not consider it necessary to analyse whether the imports in question were dumped or not since, even if they were dumped, this would not have any relevance on the above analysis and would consequently not alter the conclusions reached.H. CONCLUSION (45) Under these circumstances, the proceeding should be terminated in accordance with Article 9 of Regulation (EEC) No 2423/88.(46) The Commission informed the interested parties, including the Community industry, of its findings. After having been informed by the Commission of the above facts, findings and conclusions, representatives of the Community industry made further representations, both in writing and orally, concerning the impact of the Japanese imports in question on the Community industry. The Commission considered these representations, but concluded that these could not reverse its conclusions as mentioned above. Certain Member States raised objections to this course of action within the Advisory Committee.HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of tapered roller bearings falling within CN code No 8482 20 00 originating in Japan is hereby terminated.Done at Brussels, 3 December 1996.For the CommissionLeon BRITTANVice-President(1) OJ No L 56, 6. 3. 1996, p. 1.(2) OJ No L 209, 2. 8. 1988, p. 1.(3) OJ No L 66, 10. 3. 1994, p. 10.(4) OJ No C 181, 2. 7. 1994, p. 7.(5) OJ No C 2, 4. 1. 1991, p. 8.(6) OJ No L 9, 15. 1. 1993, p. 7.(7) OJ No C 292, 20. 10. 1994, p. 5.(8) Case T-166/94 Koyo Seiko Co. Ltd v. Council of the European Union. Judgment of 14 July 1995.


title: 2005/741/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 14 October 2005 appointing an advocate general to the Court of Justice of the European Communities

text:
               22.10.2005

               EN

               Official Journal of the European Union

               L 279/70

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

   of 14 October 2005
   appointing an advocate general to the Court of Justice of the European Communities
   (2005/741/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof, and Articles 5, 7 and 8 of the Protocol on the Statute of the Court of Justice,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,
   Whereas:
   As a consequence of the resignation of Mr Francis JACOBS, an advocate general should be appointed for the remainder of his term of office,
   HAVE DECIDED AS FOLLOWS:
   Article 1
   Ms Eleanor SHARPSTON is hereby appointed advocate general to the Court of Justice of the European Communities from the date of her swearing in until 6 October 2009.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 14 October 2005.

            The President

         J. GRANT


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31995D0363

95/363/EC: Council Decision of 7 September 1995 appointing three members and three alternate members of the Committee of the Regions

Official Journal L 216 , 12/09/1995 P. 0007 - 0007

COUNCIL DECISION of 7 September 1995  appointing three members and three alternate members of the Committee of the Regions (95/363/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 198a  thereof, Having regard to the Council Decision 94/65/EC of 26 January 1994 appointing members and alternate  members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998  (1), Whereas three members' seats have become vacant on the Committee following the resignations of Mr  José Marco Bérges, Mr Joan Lerma i Blasco and Mr Antonio Trevín Lombán, which were notified to the  Council on 20 March and 25 July 1995; Whereas three alternate members' seats have become vacant on the Committee following the  resignations of Mr Ramón Tejedor Sanz, Mrs Antonia Fernández Felgueroso and Mrs Clementina Ródenas  Villena, which were notified to the Council on 11 April, 28 July and 22 August 1995; Having regard to the proposals from the Spanish Government, HAS DECIDED AS FOLLOWS: Sole Article 1.  Mr S. Lanzuela is hereby appointed a member of the Committee  of the Regions in place of Mr Marco Bérges for the remainder of the latter's term of office, which  runs until 25 January 1998. 2.  Mr E. Zaplana Hermández-Soro is hereby appointed a member of the Committee of the Regions in  place of Mr Lerma i Blasco for the remainder of the latter's term of office, which runs until 25  January 1998. 3.  Mr S. Marqués Fernández is hereby appointed a member of the Committee of the Regions in place  of Mr A. Trevín Lombán for the remainder of the latter's term of office, which runs until 25  January 1998. 4.  Mr Giménez Abad is hereby appointed an alternate member of the Committee of the Regions in  place of Mr A. Tejedor Sanz for the remainder of the latter's term of office, which runs until 25  January 1998. 5.  Mr J. R. García Cañal is hereby appointed an alternate member of the Committee of the Regions  in place of Mrs A. Fernández Felgueroso for the remainder of the latter's term of office, which  runs until 25 January 1998. 6.  Mr J. L. Olivas Martínez is hereby appointed an alternate member of the Committee of the  Regions in place of Mrs C. Ródenas Villena for the remainder of the latter's term of office, which  runs until 25 January 1998. Done at Brussels, 7 September 1995. For the Council The President J. SOLANA


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31993D0246

93/246/EEC: Council Decision of 29 April 1993 adopting the second phase of the trans-European cooperation scheme for higher education (Tempus II) (1994 to 1998)

Official Journal L 112 , 06/05/1993 P. 0034 - 0039 Finnish special edition: Chapter 5 Volume 6 P. 0057  Swedish special edition: Chapter 5 Volume 6 P. 0057

COUNCIL DECISION of 29 April 1993 adopting the second phase of the trans-European cooperation scheme for higher education (Tempus II) (1994 to 1998)(93/246/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas on 18 December 1989 the Council adopted Regulation (EEC) No 3906/89 on economic aid to the Republic of Hungary and the Polish People's Republic (4), which provides for aid to support the process of economic and social reform in central and  eastern European countries in areas including training;  Whereas experience gained in the management of the Phare programme of aid to central and eastern Europe points to the need to adapt and further diversify forms of assistance according to national needs and priorities for reform of the higher education  systems concerned and of the structure of higher education establishments and to adopt where possible a multiannual approach to the programming of aid;  Whereas the countries of central and eastern Europe have recognized the importance of higher education in the context of aid measures for their current process of economic and social reform and have accorded priority to the development of the university  sector through social reform and have accorded priority to the development of the university sector through cooperation with the Community;  Whereas Poland, Hungary and Czechoslovakia signed Europe Agreements on 16 December 1991 with the Community which specify that the Tempus scheme provides a framework for cooperation in the field of education and training;  Whereas cooperation in higher education reinforces and consolidates the whole network of relations between the different peoples of Europe, promotes common cultural values, allows fruitful exchanges of ideals and facilitates multinational activities in  the scientific, socio-economic, artistic and commercial spheres;  Whereas action at the level of the Community can add a dimension to the attainment of the objectives of Tempus which cannot be achieved by individual Member States;  Whereas the experience and expertise gained within the Community in the areas particularly of inter-university cooperation and student exchange as well as of industry-university cooperation have been drawn on to develop cooperation and mobility between  the Community and the countries of central and eastern Europe in the field of higher education as well as to promote mutually beneficial contacts in the field of education and training;  Whereas in its Decision 90/233/EEC (5), the Council established a trans-European mobility scheme for university studies (Tempus), within a perspective of five years, for an initial pilot phase of four years beginning on 1 July 1990;  Whereas Article 11 of Decision 90/233/EEC provides that before 31 December 1992, the Commission shall submit an interim report, including the results of the evaluation as well as a proposal for the continuation or adaptation of Tempus as a whole beyond  the initial pilot phase;  Whereas the results of the evaluation of the first year and a half of the pilot phase, carried long-term in accordance with Article 11 of the said Decision, have confirmed that, for each country concerned, the objectives of Tempus should be more clearly  targeted whether on the long-term reform of higher education or on the shorter term needs of economic restructuring;  Whereas the competent authorities in the countries of central and eastern Europe have expressed positive views on Tempus and will in future take account of the evaluation in defining their priorities for Phare assistance and their particular strategy  and needs in the context of the Tempus scheme;  Whereas on 15 July 1991 the Council adopted Regulation (EEC, Euratom) No 2157/91 concerning the provision of technical assistance to economic reform and recovery in the Union of Soviet Socialist Republics (6);  Whereas the Ministers of Education of certain Republics of the former Soviet Union have expressed their wish to participate in Tempus as an appropriate instrument for the transformation of their higher education systems in the context of social reforms,  which include economic reform and recovery as well as democratic and administrative reform; whereas the first three years of the implementation of the Tempus scheme have generated appropriate experience and insight into the problems of higher education  transformation which are directly relevant for these Republics;  Whereas Tempus II can be regarded as a programme which will promote social and socio-economic cohesion between the Community and the countries of the regions covered;  Whereas there exist in the Community and in third countries regional and/or national, public and/or private facilities which can be called upon to assist in the effective provision of financial support in the area of training a higher education level;  Whereas the Treaty does not provide, for the action concerned, powers other than those of Article 235, and the conditions for the use of that Article have been satisfied,  HAS DECIDED AS FOLLOWS:  Article 1   Duration of Tempus II  The second phase of the trans-European cooperation scheme for university studies (hereinafter referred to as 'Tempus II' is hereby adopted for a period of four years as of 1 July 1994.  Article 2   Eligible countries  Tempus II shall concern the countries of central and eastern Europe designated as eligible for economic aid by Regulation (EEC) No 3906/89 (Phare programme), and the Republics of the former Soviet Union as defined in Regulation (EEC,  Euratom) No 2157/91 (Tacis programme). These countries shall be referred to hereinafter as 'the eligible countries'. Based on an assessment of the specific situation of each country, the Commission shall, in accordance with the procedures laid down in  the abovementioned Regulations, agree with the eligible countries concerned whether they should begin to participate in Tempus II and the general scope and nature of their participation, in the context of the national programming of Community assistance  for social and economic reform.  Article 3   Definitions  In the context of Tempus II:  (a) the term 'university' shall be used to cover all types of post-secondary educational and vocational training establishments which offer, within the framework of advanced education and training, qualifications or diplomas of that level, whatever such  establishments may be called;  (b) the terms 'industry' and 'enterprise' shall be used to indicate all types of economic activity, whatever their legal status, public and local authorities, independent economic organizations, chambers of commerce and industry and/or their  equivalents, professional associations, organizations representing employers or employees, as well as training bodies of the abovementioned institutions and organizations.  Each Member State or eligible country may determine what types of establishments as described in (a) may participate in Tempus II.  Article 4   Objectives  The objectives of Tempus II are to promote, as part of the overall objectives and guidelines of the Phare and Tacis programmes in the context of economic and social reform, the development of the higher education systems in the eligible  countries, through as balanced a cooperation as possible with partners from all the Member States of the Community. Specifically, Tempus II seeks to help the higher education systems of the eligible countries to address:  (a) issues of curriculum development and overhaul in priority areas;  (b) the reform of higher education structures and institutions and their management;  (c) the development of skill-related training to address specific higher and advanced level skill shortages during economic reform, in particular through improved and extended links with industry.  In realizing the objectives of Tempus II, the Commission shall ensure respect of the Community's general policy on equal opportunity for men and women. The same shall apply for disadvantaged groups, such as those with handicaps.  Article 5   Dialogue with eligible countries  The Commission shall agree with the competent authorities in each country detailed objectives and priorities for the role of Tempus II in the national strategy of economic and social reform, on the basis of the  programme's objectives and the provisions of the Annex, and in accordance with, in particular:  (a) (i) the overall objectives of the Phare programme;  (ii) the overall objectives of the Tacis programme, with particular reference to its sectoral focus;  (b) each eligible country's policy for economic, social and education reform;  (c) the need for an appropriate balance to be struck between the selected priority areas and the resources allocated to Tempus II.  Article 6   Committee  1. The Commission shall implement the Tempus II scheme in accordance with the provisions of the Annex, on the basis of detailed guidelines to be adopted annually and following the detailed objectives and priorities agreed with the competent  authorities in each eligible country as provided for in Article 5.  2. In the performance of that task, the Commission shall be assisted by a committee composed of two representatives appointed by each Member State and chaired by the Commission representative. The members of the committee may be assisted by experts or  advisers.  The committee shall, in particular, assist the Commission in the implementation of the scheme having regard to the objectives set out in Article 4 and shall coordinate its work with that of other committees covering the same field as Tempus II.  3. The Commission representative shall submit to the committee drafts of measures concerning:  (a) the general guidelines governing Tempus II;  (b) the selection procedures and general guidelines on the financial assistance to be provided by the Community (amounts, duration and recipients of assistance);  (c) questions relating to the overall balance of Tempus II, including the breakdown between the various actions;  (d) the detailed objectives and priorities to be agreed with the competent authorities in each eligible country;  (e) arrangements for the monitoring and evaluation of Tempus II.  4. The committee shall deliver its opinion on these drafts of measures within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty  in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not  vote.  The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith.  In that event, the Commission may defer application of the measures which it has decided upon for a period of two months.  The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous subparagraph.  5. In addition, the Commission may consult the committee on any other matter concerning the implementation of Tempus II, including the annual report.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on this draft, within a time limit which the chairman may lay down according to the urgency of the matter, if  necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee on the manner in which its opinion has been taken into account.  Article 7   Cooperation with relevant agencies  1. The Commission shall cooperate with the agencies in each of the eligible countries designated or set up to coordinate the links and structures necessary for the effective implementation of Tempus II, including the  allocation of funds made available by the eligible countries themselves.  2. The Commission shall also cooperate closely in the implementation of Tempus II with the relevant national bodies designated by the Member States. It shall take into account as far as possible relevant bilateral measures taken by Member States.  Article 8   Links with other Community actions  The Commission, in accordance with the procedure set out in Article 6 (5) of this Decision, and, where appropriate, with the procedure set out in Article 9 of Regulation (EEC) No 3906/89, shall ensure consistency and,  where necessary, complementarity between Tempus II and other actions at Community level, both within the Community and in assistance to the eligible countries, with particular reference to the activities of the European Training Foundation.  Article 9   Coordination with actions of third countries  1. The Commission shall ensure the appropriate coordination with actions developed by countries which are not members of the Community (*) or by universities and enterprises in these countries which relate  to the same field of action as Tempus II, including, where approrpiate, participation in Tempus II projects.  2. Such involvement can take various forms, including one or more of the following:  - participation in Tempus II projects via co-financing,  - use of Tempus II facilities for the channelling of bilaterally-funded exchange actions,  - coordination with Tempus II of those nationally-based initiatives which are related to the same aims but which are financed and run separately,  - reciprocal exchange of information on all relevant initiatives in this field.  Article 10   Annual report  An annual report on the functioning of Tempus II shall be submitted by the Commission to the European Parliament, the Council and the Economic and Social Committee. It shall be transmitted for information to the eligible countries.  Article 11   Monitoring and evaluation arrangements - Reports  The Commission shall, in accordance with the procedures set out in Article 6 (3), establish arrangements for the regular monitoring and external evaluation of the experience acquired in the  implementation of Tempus II, taking ino account the particular objectives set out in Article 4 and the national objectives set in accordance with Article 5.  It shall submit an interim report, including the results of the evaluation, before 30 April 1996, as well as possibly a proposal for the continuation or adaptation of Tempus II for the period beginning 1 July 1998.  A final report shall be presented by the Commission by 30 June 1999.  Done at Luxembourg, 29 April 1993.  For the Council The President S. BERGSTEIN (1) OJ No C 311, 27. 12. 1992, p. 1.  (2) OJ No C 115, 26. 4. 1993.  (3) OJ No C 73, 15. 3. 1993. p. 1.  (4) OJ No L 375, 23. 12. 1989, p. 11. Regulation, as last amended by Regulation (EEC) No 2334/92 (OJ No L 227, 11. 8. 1992, p. 1).  (5) OJ No L 131, 23. 5. 1990, p. 21. Decision, as amended by Decision 92/240/EEC (OJ No L 122, 7. 5. 1992, p. 43).  (6) OJ No L 201, 24. 7. 1991, p. 2.  (7)() At present these countries shall comprise the non-Community members of the group of G-24 countries, the Republic of Cyprus and Malta, and the participation shall concern projects with the countries of central and eastern Europe eligible under the  Phare programme.    ANNEX   Joint European projects  1. The Community will provide support for joint European projects of maximum three years' duration.  Joint European projects will comprise at least one university from an eligible country, one university from a Member State and one partner institution (university or enterprise) from another Member State.  Such projects should where possible be linked, notably in the interests of cost-effectiveness, to existing networks, notably those funded in the framework of the Erasmus, Comett and Lingua programmes, or to the other assistance programmes of the  Community for the eligible countries, focused on related aspects of economic and social reform.  2. Joint European project grants may be awarded for activities according to the specific needs of the institutions concerned and according to the priorities laid down, including:  (i) cooperative education and training actions, notably curricular development and overhaul, the development of universities' capacities to provide continuing education and retraining, the provision of short, intensive courses and the development of  open and distance learning capability;  (ii) measures for reform and development of higher education, notably via the restructuring of the management of higher education institutions and systems, the upgrading of facilities, and, where appropriate, the provision of technical and financial  assistance to responsible authorities;  (iii) the promotion of university/industry cooperation in the eligible States via the development of universities' capacities to cooperate with industry and cooperative university/industry training actions;  (iv) equipment necessary for the implementation of a joint European project;  (v) the development of student and staff mobility within the framework of joint European projects;  (vi) activities involving two or more eligible countries.  3. Mobility within joint European projects Within the framework of joint European projects the Community will provide support for student and staff mobility, particularly through grants including amounts for linguistic preparation where appropriate. Specifically:  (i) grants will be awarded to students, up to and including at doctorate level and will be available both to students from the eligible countries carrying out periods of study in the Community and to students from the Community spending study periods in  the eligible countries. Grants will be normally awarded for a period between three months and one year;  (ii) for students participating in joint European projects whose specific aim is to foster mobility, priority will be given to students participating in projects where the period of study abroad will be granted full recognition by the student's home  university;  (iii) for teaching/administrative staff at universities or trainers from enterprises in Member States to carry out teaching/training assignments for periods from one week to one year in eligible countries and vice versa;  (iv) for teaching/administrative staff at universities in the eligible countries to undertake retraining and updating periods in the Community;  (v) support for industrial or practical placements of one month to one year for teachers, trainers, students and graduates between the end of their studies and first employment from the eligible countries to undertake a practical training period in  enterprises in the Community and vice versa.  Individual grants and complementary activities  1. The Community will also provide support outside joint European projects for individual grants to teachers, trainers, university administrators, senior Ministry officials, education planners and other  training experts for the following activities:  (i) short visits of one week to two months to a Member State or an eligible country designed to prepare joint European projects, prepare teaching materials, collect and disseminate information, exchange expert advice and increase mutual understanding of  the higher education/training systems concerned;  (ii) teaching/training assignments in universities in the Community and in the eligible states for periods of one week to one year;  (iii) practical placements in enterprises or education authorities in the Community or in the eligible states for periods of one month to one year;  (iv) retraining and updating for university staff from the eligible states in the Community for periods from one week to one year.  2. Grants will be made available to enable eligible countries to participate in the activities of European associations, notably university associations.  3. Support will be provided to facilitate publications and other information activities directly relevant to supporting the development and renewal of the higher education systems of the eligible countries.  4. Support will be provided for activities (in particular technical assistance, training, seminars and studies) designed to assist in the reform and development of higher education and training systems in the eligible countries, particularly with regard  to the dissemination of the results and experience of joint European projects.  5. Limited support may be provided to projects involving youth activities as well as exchanges of young people and youth organizers between Member States and eligible countries.  Support activities  1. The necessary technical assistance will be provided to the Commission to underpin the activities undertaken in accordance with the Decision and to ensure the necessary monitoring of the implementation of the programme.  2. Support will be provided for appropriate external evaluation of Tempus II.


title: 2010/622/EU: Council Decision of 7 October 2010 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports

text:
               20.10.2010

               EN

               Official Journal of the European Union

               L 275/3

         COUNCIL DECISION
   of 7 October 2010
   on the signing, on behalf of the European Union, of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports
   (2010/622/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In order to harmonise their visa policy with the provisions of Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1), some Member States granted visa waiver to the nationals of the Federative Republic of Brazil (‘Brazil’) prior to their accession to the Union, as Brazil figures on the list of third countries whose nationals are exempt from the visa requirement.

               (2)

               For constitutional reasons, Brazil cannot grant visa waiver to the Member States unilaterally; it is necessary to conclude a visa waiver agreement to be ratified by the Brazilian Parliament.

               (3)

               Brazil has bilateral visa waiver agreements with most of the Member States, concluded either prior to their accession to the Union or prior to the establishment of the common visa policy. However, there are still four Member States with whom no bilateral visa waiver agreement was concluded in the past; therefore Brazil still requires a visa from the nationals of these Member States for short stays.

               (4)

               It stems from the nature of the common visa policy and the exclusive external competence of the Union in this area that only the Union can negotiate and conclude a visa waiver agreement, and not the individual Member States.

               (5)

               In view of the non-reciprocal treatment of Brazil towards certain Member States, the Council, by its Decision of 18 April 2008, authorised the Commission to negotiate an agreement between the Union and Brazil on short-stay visa waiver in order to ensure a full reciprocal visa waiver.

               (6)

               Negotiations on the agreement were opened on 2 July 2008 and concluded on 1 October 2009.

               (7)

               Subject to its conclusion at a later date, the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports, initialled in Brussels on 28 April 2010, should be signed.

               (8)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (9)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports (‘the Agreement’) is hereby approved on behalf of the Union, subject to its conclusion (4).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 7 October 2010.

            For the Council

            The President

         M. WATHELET

      (1)  OJ L 81, 21.3.2001, p. 1.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  The text of the Agreement will be published together with the decision on its conclusion.


title: 2007/239/EC: Council Decision of 5 March 2007 on a Community Position concerning Decision No 1/2007 of the Joint Committee referred to in the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part, adopting its Rules of Procedure including the Terms of Reference and Structure of the EC-Albania Working Parties

text:
               21.4.2007

               EN

               Official Journal of the European Union

               L 104/32

         COUNCIL DECISION
   of 5 March 2007
   on a Community Position concerning Decision No 1/2007 of the Joint Committee referred to in the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part, adopting its Rules of Procedure including the Terms of Reference and Structure of the EC-Albania Working Parties
   (2007/239/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 300(2), second subparagraph thereof,
   Having regard to the Agreement between the European Economic Community and the Republic of Albania on trade and commercial and economic cooperation (1) (hereinafter referred to as ‘the Agreement’), that became effective on 1 December 1992, and in particular to Article 18 thereof,
   Having regard to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part (2) (hereinafter referred to as ‘the Interim Agreement’), that was signed on 12 June 2006, and in particular to Articles 42 and 43 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Interim Agreement entered into force on 1 December 2006.

               (2)

               Article 42 of the Interim Agreement provides that the Joint Committee set up by the Agreement shall supervise the application and the implementation of the Interim Agreement.

               (3)

               Article 43, third subparagraph, of the Interim Agreement provides that the Joint Committee shall adopt its own Rules of Procedure.

               (4)

               Article 18(1)(e) of the Agreement provides that the Joint Committee may decide to set up Working Parties.

               (5)

               The designation, composition, Terms of Reference and Structure of the Working Parties should be laid down in the Joint Committee’s Rules of Procedure.

               (6)

               The Community should determine the position to be taken within the Joint Committee with regard to the adoption of the Rules of Procedure,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The position to be adopted by the Community within the Joint Committee referred to in Article 42 of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part, shall be based on the draft Decision of the Joint Committee attached to this Decision.

      Done at Brussels, 5 March 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 343, 25.11.1992, p. 2.

      (2)  OJ L 239, 1.9.2006, p. 2.
    ---documentbreak---

               21.4.2007

               EN

               Official Journal of the European Union

               L 104/34

         DECISION No 1/2007
   of …
   of the Joint Committee referred to in the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part adopting its Rules of Procedure including the Terms of Reference and Structure of the EC-Albania Working Parties
   THE JOINT COMMITTEE,
   Having regard to the Agreement between the European Economic Community and the Republic of Albania on trade and commercial and economic cooperation (hereinafter referred to as ‘the Agreement’), that became effective on 1 December 1992, and in particular to Article 18 thereof,
   Having regard to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part (hereinafter referred to as ‘the Interim Agreement’) that was signed on 12 June 2006, and in particular to Articles 42 and 43 thereof,
   Whereas the Interim Agreement entered into force on 1 December 2006,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Chairmanship
   The Joint Committee shall be chaired alternately by each of the Parties.
   Article 2
   Meetings
   The Joint Committee shall meet regularly once a year in Brussels and Tirana alternately. Special meetings of the Joint Committee may be convened by mutual agreement at the request of either Party.
   Unless otherwise agreed the meetings of the Joint Committee shall not be public.
   Article 3
   Delegations
   Prior to each meeting, the Chairman shall be informed of the intended composition of the delegation of each Party.
   A representative of the European Investment Bank (EIB) may attend the meetings of the Joint Committee, as an observer, when matters which concern the EIB appear on the agenda.
   The Joint Committee may invite non-members to attend its meetings in order to provide information on particular subjects.
   The Member States of the European Community will be informed about the meetings of the Joint Committee.
   Article 4
   Secretariat
   An official of the European Commission and an official of the Republic of Albania shall act jointly as Secretaries of the Joint Committee.
   Article 5
   Correspondence
   All correspondence to and from the Chairman of the Joint Committee shall be forwarded to both Secretaries. The two Secretaries shall ensure that correspondence is circulated, where appropriate, to their respective representatives in the Joint Committee.
   Article 6
   Agenda of the meetings
   1.   The Chairman and the Secretaries shall draw up a provisional agenda for each meeting not later than 15 working days before the beginning of the meeting.
   The provisional agenda shall include the items in respect of which a request for inclusion has been received by the Secretaries not later than 21 working days before the beginning of the meeting, save that items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of dispatch of the agenda.
   The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be included in the agenda if the two Parties so agree.
   2.   The Chairman may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case.
   Article 7
   Minutes
   Draft minutes of each Joint Committee meeting shall be drawn up by the Party hosting the meeting. They shall indicate the decisions and recommendations taken and the conclusions adopted. Within the two months following the meeting, the draft minutes shall be submitted to the Joint Committee for approval. When approved, the minutes shall be signed by the Chairman and the two Secretaries and one original copy shall be filed by each of the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 4 of this Decision.
   Article 8
   Deliberations
   The Joint Committee shall take its decisions and formulate its recommendations by mutual agreement between the Parties.
   During the inter-session period, the Joint Committee may take decisions or make recommendations by written procedure if both Parties so agree.
   The decisions and recommendations of the Joint Committee within the meaning of Article 43 of the Interim Agreement shall be entitled respectively ‘Decision’ and ‘Recommendation’ and followed by a serial number, by the date of their adoption and by a description of their subject.
   The decisions and recommendations of the Joint Committee shall be signed by the Chairman and authenticated by the two Secretaries.
   The decisions taken by the Joint Committee shall be published by the Parties in their respective official publications. Each Party may decide on the publication of any other act adopted by the Joint Committee.
   Article 9
   Languages
   The official languages of the Joint Committee shall be the official languages of the two Parties.
   Unless otherwise decided, the Joint Committee shall base its deliberations on documentation prepared in these languages.
   Article 10
   Expenses
   The Community and the Republic of Albania shall each defray the expenses they incur by reason of their participation in the meetings of the Joint Committee and of working parties, both in respect of staff, travelling and subsistence expenditure and of postal and telecommunications costs.
   Expenditure in connection with interpretation, translation and reproduction of documents at meetings as well as any other expenditure relating to the material organisation of meetings shall be borne by the Party hosting the meetings.
   Article 11
   Working Parties
   The Terms of Reference and Structure of the Working Parties set up to assist the Joint Committee in carrying out its duties are set out in the Annex to this Decision.
   The Working Parties shall be composed of representatives of both Parties. They shall be chaired alternately by the two Parties, according to the Rules of Procedure of the Joint Committee.
   The Working Parties shall work under the authority of the Joint Committee, to which they shall report after each one of their meetings. They shall not take decisions but may make recommendations to the Joint Committee.
   The Joint Committee may decide to abolish any existing Working Parties, modify their Terms of Reference or establish new Working Parties to assist it in carrying out its duties.
   ANNEX
   Terms of Reference and Structure of the EC-Albania Working Parties under the Interim Agreement
   1.   Composition and Chair
   The Working Parties shall be composed of representatives of the European Commission and representatives of the government of the Republic of Albania (hereinafter referred to as ‘Albania’). They shall be chaired alternately by the two Parties. The Member States will be informed about the Working Party meetings.
   2.   Secretariat
   An official of the European Commission and an official of the government of Albania shall act jointly as secretaries of each of the Working Parties.
   All communications concerning the Working Parties shall be forwarded to the secretaries of the relevant Working Party.
   3.   Meetings
   The Working Parties shall meet regularly once a year, and whenever circumstances require, with the agreement of both Parties. Each meeting of a Working Party shall be held at a time and place agreed by both Parties.
   If both Parties agree, the Working Parties may invite experts to their meetings to provide the specific information requested.
   4.   Subject matters
   The Working Parties shall discuss issues according to the multidisciplinary Working Party structure below. Implementation of the IA and the European Partnership, preparation for implementation of the Stabilisation and Association Agreement (SAA), and progress regarding the approximation, implementation and enforcement of legislation shall be assessed in all relevant fields. The Working Parties shall examine any problems that may arise in their relevant sectors and shall suggest possible steps to be taken.
   The Working Parties shall also serve as forums for the further clarification of the acquis communautaire, and shall review progress made by Albania in conforming to the acquis in line with commitments made in the Interim Agreement.
   5.   Minutes
   Draft minutes of each Working Party meeting shall be established within the two months following the meeting. Once agreed by both Parties, a copy of the minutes shall be forwarded by the secretary of the Working Party to the secretary of the Joint Committee.
   6.   Publicity
   Unless otherwise decided, the meetings of the working parties shall not be public.
   7.   Working Party Structure:

               1.

               Working Party on Trade, Industry, Customs and Taxation;

               2.

               Working Party on Agriculture and Fisheries;

               3.

               Working Party on Internal Market and Competition;

               4.

               Working Party on Economic and Financial Issues and Statistics;

               5.

               Working Party on Innovation, Information Society and Social Policy;

               6.

               Working Party on Transport, Environment, Energy, and Regional Development.


title: 2009/502/EC: Council Decision of 19 January 2009 on the conclusion on behalf of the Community of the Agreement on scientific and technological cooperation between the European Community and the Government of New Zealand

text:
               1.7.2009

               EN

               Official Journal of the European Union

               L 171/27

         COUNCIL DECISION
   of 19 January 2009
   on the conclusion on behalf of the Community of the Agreement on scientific and technological cooperation between the European Community and the Government of New Zealand
   (2009/502/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 170 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Community, an Agreement on scientific and technological cooperation with the Government of New Zealand.

               (2)

               The Agreement was signed on 16 July 2008 in Brussels, subject to its conclusion at a later date.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement on scientific and technological cooperation between the European Community and the Government of New Zealand (hereinafter referred to as the Agreement) is hereby approved on behalf of the Community.
   Article 2
   The Commission shall represent the Community and adopt the position of the Community to be taken in the Joint Committee on Scientific and Technological Cooperation, established by Article 6(1) of the Agreement with regard to technical amendments to the Agreement in accordance with Article 6(3)(c) of the Agreement.
   Article 3
   The President of the Council shall, on behalf of the European Community, give the notification provided for in Article 13(1) of the Agreement.

      Done at Brussels, 19 January 2009.

            For the Council

            The President

         P. GANDALOVIČ

      (1)  Opinion delivered on 21 October 2008 (not yet published in the Official Journal).
    ---documentbreak---

               1.7.2009

               EN

               Official Journal of the European Union

               L 171/28

         AGREEMENT
   on scientific and technological cooperation between the European Community and the Government of New Zealand
   THE EUROPEAN COMMUNITY hereinafter referred to as ‘the Community’,
   and
   THE GOVERNMENT OF NEW ZEALAND,
   hereinafter jointly referred to as ‘the Parties’,
   CONSIDERING that the Parties are pursuing research, technological development and demonstration activities in a number of areas of common interest, and being aware of the rapid expansion of scientific knowledge and its positive contribution in promoting bilateral and international cooperation,
   NOTING that there has been cooperation and information exchange in a number of scientific and technological areas under the Arrangement between the Commission of the European Communities and the Government of New Zealand for Cooperation in Science and Technology of 17 May 1991,
   WISHING to broaden the scope of scientific and technological cooperation in a number of areas of common interest through the creation of a productive partnership for peaceful purposes and mutual benefit,
   NOTING that such cooperation and the application of the results of such cooperation will contribute to the economic and social development of the Parties, and
   DESIRING to establish a formal framework to implement the overall cooperative activities that will strengthen cooperation in ‘science and technology’ between the Parties,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Agreement:

               1.

               ‘cooperative activities’ means both direct cooperative activities and indirect cooperative activities;

               2.

               ‘direct cooperative activities’ means cooperative activities carried out in the areas of science and technology between the Parties or their executive agents;

               3.

               ‘indirect cooperative activities’ means cooperative activities, other than direct cooperative activities, in the areas of science and technology carried out between the Government of New Zealand or participants of New Zealand on the one hand, and the Community or participants of the Community on the other, through:

                           (a)

                           the participation of the Government of New Zealand or New Zealand participants in the Community Framework Programme under Article 166 of the Treaty establishing the European Community (hereinafter referred to as the Framework Programme); and

                           (b)

                           the participation of the Community or participants of the Community in New Zealand research programmes or projects in science and technology fields similar to those covered by the Framework Programme;

               4.

               ‘intellectual property’ shall have the meaning given in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967;

               5.

               ‘participant’ means any natural person ordinarily resident in New Zealand or the Community, or any legal person established in New Zealand or in the Community having legal personality and being entitled to rights and subject to obligations of any kind in its own name and does not include the Parties. For the avoidance of doubt, New Zealand crown entities are participants and are not included within the meaning of ‘a Party’. The EC Joint Research Centre (JRC) will be both, a participant, for the purpose of participating in indirect cooperative activities, and an executive agent, for the purpose of carrying out direct cooperative activities.

         Article 2
   Purpose and principles
   1.   The Parties shall encourage, develop and facilitate cooperative activities for peaceful purposes in accordance with this Agreement and the laws and regulations of both Parties.
   2.   Cooperative activities shall be carried out on the basis of the following principles:

               (a)

               mutual and equitable contributions and benefits;

               (b)

               mutual access for participants to research programmes or projects operated or funded by the other Party;

               (c)

               timely exchange of information which may concern cooperative activities;

               (d)

               promotion of knowledge-based societies for the economic and social development of both Parties; and

               (e)

               protection of intellectual property rights in accordance with Article 8.

         Article 3
   Cooperative activities
   1.   Direct cooperative activities under this Agreement may include:

               (a)

               meetings of various forms, including those of experts, to discuss and exchange information on scientific and technological topics of a general or specific nature and to identify research and development projects and programmes that may be undertaken on a cooperative basis;

               (b)

               exchange of information on activities, policies, practices, laws and regulations concerning research and development;

               (c)

               visits and exchanges of scientists, technical personnel and other experts on general or specific subjects; and

               (d)

               other forms of activities in the areas of science and technology, including implementation of cooperative projects and programmes, which may be decided upon by the Joint Committee referred to in Article 6, in accordance with the respective laws and regulations of the Parties.

         2.   For the purpose of developing indirect cooperative activities, any New Zealand participant or participant of the Community may collaborate in any research programme or project operated or funded by the other Party, with the agreement of the other participants in that programme or project and in accordance with the respective laws and regulations of the Parties and the relevant rules of participation in such programmes or projects.
   3.   Within the framework of this Agreement, in case one Party concludes a contract with a participant of the other Party for an indirect cooperative activity, the other Party, upon request, shall endeavour to provide any reasonable and feasible assistance as may be necessary or helpful to the former Party for smooth implementation of such contract.
   4.   The coordination and facilitation of cooperative activities under this Agreement shall be carried out, on behalf of New Zealand, by the Ministry of Research, Science and Technology or its successor agency and, on behalf of the Community, by the services of the Commission of the European Communities, who shall act as executive agents.
   Article 4
   Implementing arrangements
   1.   Where appropriate, cooperative activities may take place pursuant to implementing arrangements between the Parties or between the Commission and New Zealand organisations that fund research programmes or projects on behalf of the New Zealand Government. These arrangements may set out:

               (a)

               the nature and duration of cooperation in a specific area or for a specific purpose;

               (b)

               the treatment of intellectual property generated by the cooperation, consistent with this Agreement;

               (c)

               any applicable funding commitments;

               (d)

               the allocation of costs associated with the cooperation; and

               (e)

               any other relevant matters.

         2.   Cooperative activities ongoing at the entry into force of this Agreement shall be incorporated under this Agreement as of that date.
   Article 5
   Entry of personnel and equipment
   Each Party shall, in accordance with the relevant laws and regulations of the Parties and EU Member States, facilitate entry to and exit from its territory of personnel, material and equipment of the participants engaged in or used in cooperative activities.
   Article 6
   Joint Committee
   1.   For the purpose of ensuring the effective implementation of this Agreement, the executive agents shall establish a Joint Committee on Scientific and Technological Cooperation (hereinafter referred to as the Joint Committee). The Joint Committee shall consist of representatives of each Party and shall be co-chaired by representatives of both Parties.
   2.   The Joint Committee shall meet, at least every two years, alternately in New Zealand and the Community.
   3.   The functions of the Joint Committee shall be to:

               (a)

               exchange views and information on scientific and technological policy issues;

               (b)

               make recommendations to the Parties with regard to the implementation of this Agreement, including the identification and recommendation of additions to the cooperative activities referred to in Article 3 and concrete measures to improve the mutual access provided for under Article 3(2);

               (c)

               make, subject to each Party’s domestic approval processes, technical amendments to this Agreement as may be required; and

               (d)

               at each meeting, review and provide a report to the Parties on the status, the achievements and the effectiveness of cooperative activities, including the mutual access provided for under Article 3(2) and each Party’s arrangements for visiting researchers.

         4.   The Joint Committee shall establish its own rules of procedure. Its decisions shall be reached by consensus.
   5.   The expenses of representatives to Joint Committee meetings, such as travel costs and accommodation, shall be borne by the Party to which they relate. Any other costs associated with these meetings shall be borne by the host Party.
   Article 7
   Funding
   1.   Each Party’s implementation of this Agreement shall be subject to the availability of appropriated funds and the applicable laws and regulations of that Party.
   2.   The costs of cooperative activities shall be borne as decided by the participants or the Parties involved.
   3.   When one Party provides financial support to participants of the other Party in connection with indirect cooperative activities, any grants and financial or other contributions from the funding Party to participants of the other Party in support of those activities shall be granted tax exemption in accordance with the relevant laws and regulations in force in the territories of each Party at the time such grants and financial or other contributions are made.
   Article 8
   Information and intellectual property rights
   1.   Scientific and technological information of a non-proprietary nature arising from cooperative activities may be made available to the public by either Party through customary channels and in accordance with its general procedures.
   2.   Each Party shall ensure that its treatment of the intellectual property rights and obligations of participants in indirect cooperative activities, and the related rights and obligations arising from such participation, shall be consistent with the relevant laws and regulations and international conventions, including the Agreement on trade-related aspects of intellectual property rights, Annex 1C of the Marrakech Agreement establishing the World Trade Organisation as well as the Paris Act of 24 July 1971 of the Berne Convention for the protection of literary and artistic works and the Stockholm Act of 14 July 1967 of the Paris Convention for the protection of industrial property.
   3.   Each Party shall ensure that the participants in indirect cooperative activities of the other Party shall have the same treatment with regard to intellectual property as is accorded to the participants of the first Party under the relevant rules of participation of each research programme or project, or its applicable laws and regulations.
   Article 9
   Territorial application
   This Agreement shall apply:

               (a)

               to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty; and

               (b)

               to the territory of New Zealand.

         This shall not prevent the conduct of cooperative activities on the high seas, in outer space or the territory of third countries, in accordance with international law.
   Article 10
   Other agreements and dispute settlement
   1.   The provisions of this Agreement shall not prejudice the rights and obligations of the Parties under existing and/or future agreements between the Parties, or between any Member State of the Community and the Government of New Zealand.
   2.   Any questions or disputes related to the interpretation or implementation of this Agreement shall be settled by consultation between the Parties.
   Article 11
   Status of the Annex
   The Annex to this Agreement constitutes a non-binding arrangement between the executive agents regarding intellectual property rights and other proprietary rights created or introduced in the course of direct cooperative activities.
   Article 12
   Amendment
   Except for the technical amendments made by the Joint Committee under Article 6(3)(c), this Agreement may be amended with the mutual consent of the Parties through the exchange of diplomatic notes. Except as otherwise agreed by the Parties, an amendment shall enter into force on the date on which the Parties exchange diplomatic notes informing each other of the completion of their respective internal procedures for entry into force of the amendment.
   Article 13
   Entry into force and termination
   1.   This Agreement shall enter into force on the date on which the Parties exchange diplomatic notes informing each other of the completion of their respective internal procedures necessary for the entry into force of this Agreement.
   2.   This Agreement shall remain in force for an initial period of five years. Unless either Party notifies the other that this Agreement terminates at the end of the initial period, this Agreement shall continue in force after the initial period until such time as either Party gives notice in writing to the other Party of its intention to terminate this Agreement. In such case this Agreement shall cease to have effect six months after the receipt of such notification.
   3.   The termination of this Agreement shall be without prejudice to any cooperative activities not fully executed at the time of the termination of this Agreement or to any specific rights and obligations that have accrued in compliance with the Annex to this Agreement.

      IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by the European Community and the Government of New Zealand respectively, have signed this Agreement.
      DONE in duplicate at Brussels on the sixteenth day of July in the year two thousand and eight, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
      Съставено в Брюксел на шестнадесети юли две хиляди и осма година.
      Hecho en Bruselas, el dieciséis de julio de dos mil ocho.
      V Bruselu dne šestnáctého července dva tisíce osm.
      Udfærdiget i Bruxelles den sekstende juli to tusind og otte.
      Geschehen zu Brüssel am sechzehnten Juli zweitausendacht.
      Kahe tuhande kaheksanda aasta juulikuu kuueteistkümnendal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις δεκαέξι Ιουλίου δύο χιλιάδες οκτώ.
      Done at Brussels on the sixteenth day of July in the year two thousand and eight.
      Fait à Bruxelles, le seize juillet deux mille huit.
      Fatto a Bruxelles, addì sedici luglio duemilaotto.
      Briselē, divtūkstoš astotā gada sešpadsmitajā jūlijā.
      Priimta du tūkstančiai aštuntų metų liepos šešioliktą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-nyolcadik év július tizenhatodik napján.
      Magħmul fi Brussell, fis-sittax-il jum ta’ Lulju tas-sena elfejn u tmienja.
      Gedaan te Brussel, de zestiende juli tweeduizend acht.
      Sporządzono w Brukseli, dnia szesnastego lipca roku dwa tysiące ósmego.
      Feito em Bruxelas, em dezasseis de Julho de dois mil e oito.
      Întocmit la Bruxelles, la data de șaisprezece iulie două mii opt.
      V Bruseli šestnásteho júla dvetisícosem.
      V Bruslju, dne šestnajstega julija leta dva tisoč osem.
      Tehty Brysselissä kuudentenatoista päivänä heinäkuuta vuonna kaksituhattakahdeksan.
      Som skedde i Bryssel den sextonde juli tjugohundraåtta.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         På vegne af Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapen

         За правителството на Нова Зеландия
         Por el Gobierno de Nueva Zelanda
         Za vládu Nového Zélandu
         På vegne af New Zealands regering
         Für die Regierung Neuseelands
         Uus-Meremaa valitsuse nimel
         Για την κυβέρνηση της Νέας Ζηλανδίας
         For the Government of New Zealand
         Pour le gouvernement de la Nouvelle-Zélande
         Per il governo della Nuova Zelanda
         Jaunzēlandes valdības vārdā
         Naujosios Zelandijos Vyriausybės vardu
         Új-Zéland kormánya részéről
         Għall-Gvern ta’ New Zealand
         Voor de regering van Nieuw-Zeeland
         W imieniu rządu Noweij Zelandii
         Pelo Governo da Nova Zelândia
         Pentru Guvernul Noii Zeelande
         Za vládu Nového Zélandu
         Za vlado Nove Zelandije
         Uuden-Seelannin hallituksen puolesta
         För Nya Zeelands regering

   ANNEX

      Arrangement regarding intellectual property rights and other proprietary rights created or introduced in the course of direct cooperative activities between New Zealand and the European Community

   The Ministry of Research, Science and Technology, and the Commission of the European Communities (the executive agents), consistent with Article 11 of the Agreement on scientific and technological cooperation between the European Community and the Government of New Zealand (the Agreement) have reached the following understandings regarding the protection of intellectual property rights created or introduced in the course of direct cooperative activities (as defined in Article 1 of the Agreement) under the Agreement:

               1.

               Unless otherwise mutually decided by the executive agents, the following rules will apply to intellectual property rights created or introduced by the Parties in the course of direct cooperative activities:

                           (a)

                           The Party creating the intellectual property will have full ownership. In cases where the intellectual property has been jointly created and the respective share of the work by the two Parties cannot be ascertained, the Parties will have joint ownership of the intellectual property.

                           (b)

                           Except as set out in paragraph 2, the Party owning or introducing the intellectual property will grant the other Party the access rights necessary to carry out any direct cooperative activities. Such access rights will be granted on a royalty-free basis.

                           (c)

                           Except as set out in paragraph 2, where the Parties jointly own the intellectual property, each Party will grant the other Party a non-exclusive, irrevocable, royalty-free license to use and exploit that intellectual property for the other Party’s own purposes.

               2.

               Unless otherwise mutually decided by the executive agents, the following rules will apply to copyrights and related rights of the Parties created or introduced by the Parties in the course of direct cooperative activities:

                           (a)

                           When a Party publishes scientific and technical data, information or results arising from and relating to cooperative activities, by means of journals, articles, reports, books, the Internet, or in other forms, including video tapes and electronic storage devices, the publishing Party will make utmost efforts to obtain for the other Party, non-exclusive, irrevocable, royalty-free licences in all countries where copyright protection is available, in order to translate, reproduce, adapt, transmit and publicly distribute such works. However, the publishing Party has no obligation to obtain such licenses from third parties that the publishing Party did not know, at the time of first publication, owned any intellectual property in such works.

                           (b)

                           All publicly distributed copies of a copyrighted work under the provisions of paragraph 2(a) will indicate the name(s) of the author(s) of the work unless the author(s) explicitly declines to be named. They will also display a clearly visible acknowledgement of the cooperative support of the Parties.

               3.

               Unless otherwise mutually decided by the executive agents, all intellectual property under paragraphs 1 and 2 will be provided without any warranty, express or implied, including warranties as to fitness for a particular purpose, title or non-infringement.

               4.

               Unless otherwise mutually decided by the executive agents, the following rules will apply to the undisclosed information of the Parties:

                           (a)

                           When communicating to the other Party information necessary to carry out direct cooperative activities, each Party will identify the information which it wishes to remain undisclosed (undisclosed information).

                           (b)

                           A Party receiving undisclosed information may communicate that information to its agencies, or persons employed through these agencies, for the specific purpose of carrying out direct cooperative activities. The receiving Party will impose an obligation of confidentiality for such undisclosed information on the agencies, their employees and third parties, including contractors and sub-contractors.

                           (c)

                           Only with the prior written consent of the Party providing the undisclosed information, should the other Party disseminate such undisclosed information more widely than is permitted in paragraph 4(b).The Parties will cooperate to develop procedures for the request and obtaining of prior written consent for such wider dissemination. Upon request, each Party will grant such consent to the extent permitted by its laws and regulations.

                           (d)

                           Information arising from seminars, meetings, assignments of staff and of the use of facilities arranged under the Agreement will be treated as undisclosed information when the Party providing the information identifies it as such, according to paragraph 4(a).

                           (e)

                           If one Party becomes aware that it will be, or expects to become, unable to meet the restrictions and conditions of dissemination of this Annex, it will immediately inform the other Party. The Parties will thereafter consult to define an appropriate course of action.

               5.

               This Arrangement can be modified with the written mutual consent of the executive agents.

               6.

               This Arrangement will enter into effect on the day the Agreement enters into force.