title: Council Decision of 26 July 2010 on the signing and provisional application of an Agreement between the European Union, Iceland, Liechtenstein and Norway on an EEA Financial Mechanism 2009-2014, an Agreement between the European Union and Norway on a Norwegian Financial Mechanism for the period 2009-2014, an Additional Protocol to the Agreement between the European Economic Community and Iceland, concerning special provisions applicable to imports into the European Union of certain fish and fisheries products for the period 2009-2014, and an Additional Protocol to the Agreement between the European Economic Community and Norway, concerning special provisions applicable to imports into the European Union of certain fish and fisheries products for the period 2009-2014

text:
               9.11.2010

               EN

               Official Journal of the European Union

               L 291/1

         COUNCIL DECISION
   of 26 July 2010
   on the signing and provisional application of an Agreement between the European Union, Iceland, Liechtenstein and Norway on an EEA Financial Mechanism 2009-2014, an Agreement between the European Union and Norway on a Norwegian Financial Mechanism for the period 2009-2014, an Additional Protocol to the Agreement between the European Economic Community and Iceland, concerning special provisions applicable to imports into the European Union of certain fish and fisheries products for the period 2009-2014, and an Additional Protocol to the Agreement between the European Economic Community and Norway, concerning special provisions applicable to imports into the European Union of certain fish and fisheries products for the period 2009-2014
   (2010/674/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The following financial mechanisms and cooperation programmes expired on 30 April 2009:

                           —

                           the EEA Financial Mechanism 2004-2009 provided for in Protocol 38a to the Agreement on the European Economic Area (‘EEA Agreement’) (1), as subsequently supplemented with an addendum in 2007 upon Bulgaria and Romania becoming contracting parties to the EEA Agreement (2),

                           —

                           the Norwegian Financial Mechanism 2004-2009 provided for in the Agreement between the Kingdom of Norway and the European Community on a Norwegian financial mechanism for the period 2004-2009 (3),

                           —

                           the Cooperation Programme mentioned in the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Bulgaria (4), and

                           —

                           the Cooperation Programme mentioned in the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Romania (5).

               (2)

               The need to alleviate economic and social disparities within the European Economic Area persists. Therefore a new mechanism for the financial contributions of the EEA EFTA States and a new Norwegian financial mechanism should be established.

               (3)

               To this end, the Commission has negotiated, on behalf of the Union, an agreement with Iceland, Liechtenstein and Norway on a new EEA financial mechanism for the period 2009-2014 as well as an annex to that agreement. The annex will take the form of a protocol, to be named Protocol 38b to the EEA Agreement. To the same end, the Commission has also negotiated, on behalf of the Union, an agreement with Norway on a new Norwegian financial mechanism for the period 2009-2014.

               (4)

               Subject to their conclusion at a later date, these agreements should be signed.

               (5)

               The special provisions applicable to imports into the Union of certain fish and fisheries products originating in Iceland and Norway, provided for in the following protocols, expired on 30 April 2009 and should be reviewed in accordance with Article 2 of each of those protocols:

                           —

                           Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland consequent on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (6),

                           —

                           Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (7),

                           —

                           Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the Accession of the Republic of Bulgaria and Romania to the European Union (8),

                           —

                           Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union (9).

               (6)

               To this end, the Commission has negotiated, on behalf of the Union, new additional protocols to the free trade agreements respectively with Iceland and Norway, to lay down special provisions applicable to imports into the Union of certain fish and fisheries products originating in Iceland and Norway for the period 2009-2014.

               (7)

               Subject to their conclusion at a later date, these additional protocols should be signed.

               (8)

               The replacement of the existing financial mechanisms by new mechanisms, which relate to different time periods, different amounts of funds, and different implementing provisions, as well as the renewal and extension of the concessions relating to certain fish and fisheries products, taken as a whole, constitute an important development of the association with the EEA EFTA States, which justifies the recourse to Article 217 of the Treaty on the Functioning of the European Union.

               (9)

               Pending the completion of the procedures required for their conclusion, the Agreements referred to in recital 4 and the Protocols referred to in recital 7 should be applied on a provisional basis,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the following agreements and protocols is hereby approved on behalf of the Union, subject to their conclusion:

               —

               Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014 and the Annex thereto,

               —

               Agreement between the European Union and the Kingdom of Norway on a Norwegian Financial Mechanism for the period 2009-2014,

               —

               Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland and the Annex thereto,

               —

               Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Annex thereto.

         The texts of the Agreements and Additional Protocols and the Annexes thereto are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign these Agreements and Protocols on behalf of the Union, subject to their conclusion.
   Article 3
   Pending the completion of the procedures for their conclusion, the Agreements and Protocols referred to in Article 1, shall be applied on a provisional basis as from the following dates:

               —

               the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014 and the Annex thereto, as from the first day of the first month following the deposit of the last notification to this effect,

               —

               the Agreement between the European Union and the Kingdom of Norway on a Norwegian Financial Mechanism for the period 2009-2014, as from the first day of the first month following the deposit of the last notification to this effect,

               —

               the Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland and the Annex thereto, as from the first day of the third month following the deposit of the last notification to this effect,

               —

               the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Annex thereto, as from the first day of the third month following the deposit of the last notification to this effect.

         Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 26 July 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 130, 29.4.2004, p. 14.

      (2)  OJ L 221, 25.8.2007, p. 18.

      (3)  OJ L 130, 29.4.2004, p. 81.

      (4)  OJ L 221, 25.8.2007, p. 46.

      (5)  OJ L 221, 25.8.2007, p. 52.

      (6)  OJ L 130, 29.4.2004, p. 85.

      (7)  OJ L 130, 29.4.2004, p. 89.

      (8)  OJ L 221, 25.8.2007, p. 58.

      (9)  OJ L 221, 25.8.2007, p. 62.
    ---documentbreak---

               9.11.2010

               EN

               Official Journal of the European Union

               L 291/4

         AGREEMENT
   between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014
   THE EUROPEAN UNION,
   ICELAND,
   THE PRINCIPALITY OF LIECHTENSTEIN,
   THE KINGDOM OF NORWAY,
   WHEREAS the Parties to the Agreement on the European Economic Area (‘EEA Agreement’) agreed on the need to reduce the economic and social disparities between their regions with a view to promoting a continuous and balanced strengthening of trade and economic relations between them,
   WHEREAS, in order to contribute to that objective, the EFTA States have established a Financial Mechanism in the context of the European Economic Area,
   WHEREAS the provisions governing the EEA Financial Mechanism for the period 2004-2009 have been set out in Protocol 38a and the Addendum to Protocol 38a to the EEA Agreement,
   WHEREAS the need to alleviate economic and social disparities within the European Economic Area persists, and therefore a new mechanism for the financial contributions of the EEA EFTA States should be established for the period 2009-2014,
   HAVE DECIDED TO CONCLUDE THE FOLLOWING AGREEMENT:
   Article 1
   The text of Article 117 of the EEA Agreement shall be replaced by the following:

      ‘Provisions governing the Financial Mechanisms are set out in Protocol 38, Protocol 38a and the Addendum to Protocol 38a, and Protocol 38b.’.

   Article 2
   A new Protocol 38b shall be inserted after Protocol 38a to the EEA Agreement. The text of Protocol 38b is provided for in the Annex to this Agreement.
   Article 3
   This Agreement shall be ratified or approved by the Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
   It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.
   Pending the completion of the procedures referred to in paragraphs 1 and 2, this Agreement shall be applied on a provisional basis as from the first day of the first month following the deposit of the last notification to this effect.
   Article 4
   This Agreement, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Icelandic and Norwegian languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties to this Agreement.

      Съставено в Брюксел на двадесет и осми юли две хиляди и десета година и деветнадесети август две хиляди и десета година.
      Hecho en Bruselas, el veintiocho de julio de dos mil diez y el diecinueve de agosto de dos mil diez.
      V Bruselu dne 28. července 2010 a 19. srpna 2010.
      Udfærdiget i Bruxelles, den 28. juli 2010 og den 19. august 2010.
      Geschehen zu Brüssel am 28. Juli 2010 und am 19. August 2010.
      Brüsselis kahe tuhande kümnenda aasta juulikuu kahekümne kaheksandal ja augustikuu üheksateistkümnendal päeval
      Έγινε στις Βρυξέλλες, στις 28 Iουλίου 2010 και στις 19 Αυγούστου 2010.
      Done at Brussels on the twenty-eighth day of July and on the nineteenth day of August in the year two thousand and ten.
      Fait à Bruxelles, le vingt-huit juillet deux mil dix et le dix-neuf août deux mil dix.
      Fatto a Bruxelles, addì ventotto luglio duemiladieci e diciannove agosto duemiladieci.
      Briselē, 2010. gada 28. jūlijā un 2010. gada 19. augustā
      Priimta Briuselyje 2010 m. liepos 28 d. ir 2010 m. rugpjūčio 19 d.
      Kelt Brüsszelben, a kétezer-tizedik év július havának huszonnyolcadik napján és a kétezer-tizedik év augusztus havának tizenkilencedik napján.
      Magħmul fi Brussell, it-28 ta’ Lulju 2010 u d-19 ta’ Awwissu 2010.
      Gedaan te Brussel, 28 juli 2010 en 19 augustus 2010.
      Sporządzono w Brukseli dnia 28 lipca 2010 r. i 19 sierpnia 2010 r.
      Feito em Bruxelas, em vinte e oito de Julho de dois mil e dez e em dezanove de Agosto de dois mil e dez.
      Întocmit la Bruxelles, 28 iulie 2010 și 19 august 2010.
      V Bruseli dvadsiateho ôsmeho júla dvetisícdesať a devätnásteho augusta dvetisícdesať.
      V Bruslju, 28. julija 2010 in 19. avgusta 2010.
      Tehty Brysselissä, kahdentenakymmenentenäkahdeksantena päivänä heinäkuuta vuonna kaksituhattakymmenen ja yhdeksäntenätoista päivänä elokuuta vuonna kaksituhattakymmenen
      Som skedde i Bryssel den tjugoåttonde juli tjugohundratio och den nittonde augusti tjugohundratio.
      Gert í Brussel, 28. júlí 2010 og 19. ágúst 2010.
      Utferdiget i Brussel, den 28. juli 2010 og den 19. august 2010.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l’Union européenne
         Per l’Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         Fyrir Ísland

         Für das Fürstentum Liechtenstein

         For Konveriket Norge

   ANNEX

      PROTOCOL 38 B

      ON THE EEA FINANCIAL MECHANISM (2009-2014)

   Article 1
   Iceland, Liechtenstein and Norway (‘the EFTA States’) shall contribute to the reduction of economic and social disparities in the European Economic Area and to the strengthening of their relations with the Beneficiary States, through financial contributions in the priority sectors listed in Article 3.
   Article 2
   The total amount of the financial contribution provided for in Article 1 shall be EUR 988,5 million, to be made available for commitment in annual tranches of EUR 197,7 million over the period running from 1 May 2009 to 30 April 2014, inclusive.
   Article 3
   1.   The financial contributions shall be available in the following priority sectors:

               (a)

               Environmental protection and management;

               (b)

               Climate change and renewable energy;

               (c)

               Civil society;

               (d)

               Human and social development;

               (e)

               Protecting cultural heritage.

         2.   Academic research may be eligible for funding in so far as it is targeted at one or more of the priority sectors.
   3.   The indicative allocation target for each Beneficiary State is at least 30 percent for priority sectors (a) and (b) combined, and 10 per cent for priority sector (c). The priority sectors shall, in accordance with the procedure referred to in Article 8 paragraph 2, be chosen, concentrated and adapted in a flexible manner, according to the different needs in each Beneficiary State, taking into account its size and the amount of the contribution.
   Article 4
   1.   The EFTA contribution shall not exceed 85 percent of programme cost. It may in special cases be up to 100 per cent of programme cost.
   2.   The applicable rules on state aid shall be complied with.
   3.   The European Commission shall screen all programmes and any substantial change in a programme for their compatibility with the European Union's objectives.
   4.   The responsibility of the EFTA States for the projects is limited to providing funds according to the agreed plan. No liability to third parties will be assumed.
   Article 5
   The funds shall be made available to the following Beneficiary States: Bulgaria, Czech Republic, Estonia, Greece, Spain, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal, Romania, Slovenia and Slovakia.
   EUR 45,85 million shall be allocated to Spain for transitional support for the period 1 May 2009–31 December 2013. While taking into account transitional adjustments, the remaining funds shall be made available in accordance with the following distribution:

               Funds
               (million EUR)

               Bulgaria

               78,60

               Czech Republic

               61,40

               Estonia

               23,00

               Greece

               63,40

               Cyprus

               3,85

               Latvia

               34,55

               Lithuania

               38,40

               Hungary

               70,10

               Malta

               2,90

               Poland

               266,90

               Portugal

               57,95

               Romania

               190,75

               Slovenia

               12,50

               Slovakia

               38,35

         Article 6
   With a view to reallocating any non-committed available funds to high priority projects of any Beneficiary State, a review shall be carried out in November 2011 and again in November 2013.
   Article 7
   1.   The financial contribution provided for in this Protocol shall be closely coordinated with the bilateral contribution from Norway provided for by the Norwegian Financial Mechanism.
   2.   In particular, the EFTA States shall ensure that the application procedures and implementation modalities are essentially the same for both financial mechanisms referred to in the previous paragraph.
   3.   Any relevant changes in the European Union's cohesion policies shall be taken into account, as appropriate.
   Article 8
   The following shall apply to the implementation of the EEA Financial Mechanism:

               1.

               The highest degree of transparency, accountability and cost efficiency shall be applied in all implementation phases, as well as principles of good governance, sustainable development and gender equality. The objectives of the EEA Financial Mechanism shall be pursued in the framework of close cooperation between the Beneficiary States and the EFTA States.

               2.

               In order to ensure efficient and targeted implementation, and taking into account national priorities, the EFTA States shall conclude with each Beneficiary State a Memorandum of Understanding that shall set out the multi-annual programming framework and the structures for management and control.

               3.

               After having concluded the Memorandum of Understanding, the Beneficiary State shall submit programme proposals. The EFTA States will appraise and approve the proposals and conclude grant agreements with the Beneficiary States for each programme. The level of detail in the programme shall take into account the size of the contribution. Within programmes, projects may in exceptional cases be specified, including conditions for their selection, approval and control, in accordance with the provisions for implementation referred to in paragraph 8.
               The implementation of the agreed programmes shall be the responsibility of the Beneficiary States. The Beneficiary States shall provide for an appropriate management and control system in order to ensure a sound implementation and management system.

               4.

               Partnerships shall, where appropriate, be applied in the preparation, implementation, monitoring and evaluation of the financial contribution in order to ensure broad participation. Partners may include, inter alia, local, regional and national levels, as well as the private sector, civil society and social partners in the Beneficiary States and the EFTA States.

               5.

               The control system provided for the management of the EEA Financial Mechanism shall ensure the respect of the principle of sound financial management. The EFTA States may carry out controls according to their internal requirements. The Beneficiary States shall provide all necessary assistance, information and documentation to this effect. The EFTA States may suspend financing and require recovery of funds in the case of irregularities.

               6.

               Any project under the multi-annual programming framework in the Beneficiary States may be implemented in cooperation between entities based in the Beneficiary States and in the EFTA States, in accordance with the applicable rules on public procurement.

               7.

               The management costs of the EFTA States shall be covered by the overall amount referred to in Article 2 and will be specified in the provisions for the implementation referred to in paragraph 8.

               8.

               The EFTA States shall establish a Committee for the overall management of the EEA Financial Mechanism. Further provisions for the implementation of the EEA Financial Mechanism will be issued by the EFTA States after consultation with the Beneficiary States. The EFTA States shall endeavour to issue these provisions before the signing of the Memoranda of Understanding.

         Article 9
   At the end of the five-year period and without prejudice to the rights and obligations under the Agreement, the Contracting Parties will, in the light of Article 115 of the Agreement, review the need to address economic and social disparities within the European Economic Area.
 ---documentbreak--- NA ---documentbreak---

               9.11.2010

               EN

               Official Journal of the European Union

               L 291/10

         AGREEMENT
   between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2009-2014
   Article 1
   The Kingdom of Norway undertakes to contribute for a five year period to the reduction of economic and social disparities in the European Economic Area, and to the strengthening of its relations with the Beneficiary States, through a separate Norwegian Financial Mechanism in the priority sectors listed in Article 3.
   Article 2
   The total amount of the financial contribution provided for in Article 1 shall be EUR 800 million, to be made available for commitment in annual tranches of EUR 160 million over the period running from 1 May 2009 to 30 April 2014, inclusive.
   Article 3
   The financial contributions shall be available in the following priority sectors:

               (a)

               Carbon Capture and Storage;

               (b)

               Green Industry Innovation;

               (c)

               Research and Scholarship;

               (d)

               Human and Social Development;

               (e)

               Justice and Home Affairs;

               (f)

               Promotion of Decent Work and Tripartite Dialogue.

         The allocation target for priority sector (a) shall be at least 20 percent. Due account will be taken of the different needs and the size of each Beneficiary State.
   One per cent of the allocation to each Beneficiary State shall be set aside for a fund for the Promotion of Decent Work and Tripartite Dialogue, to be operated by an entity designated by the Kingdom of Norway, and in accordance with the distribution key referred to in Article 5.
   Article 4
   The contribution from the Kingdom of Norway shall not exceed 85 percent of programme cost. It may in special cases be up to 100 percent of programme cost.
   The applicable rules on state aid shall be complied with.
   The European Commission shall screen all programmes and any substantial change in a programme for their compatibility with the European Union's objectives.
   The responsibility of the Kingdom of Norway for the projects is limited to providing funds according to the agreed plan. No liability to third parties will be assumed.
   Article 5
   The funds shall be made available to the following Beneficiary States: Bulgaria, Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, in accordance with the following distribution:

               Beneficiary State

               Funds (million EUR)

               Bulgaria

               48,00

               Cyprus

               4,00

               Czech Republic

               70,40

               Estonia

               25,60

               Latvia

               38,40

               Lithuania

               45,60

               Hungary

               83,20

               Malta

               1,60

               Poland

               311,20

               Romania

               115,20

               Slovenia

               14,40

               Slovakia

               42,40

         Article 6
   With a view to reallocate any non-committed available funds to high priority projects of any Beneficiary State, a review shall be carried out in November 2011 and again in November 2013.
   Article 7
   The financial contribution provided for in Article 1 shall be closely coordinated with the contribution from the EFTA States provided for by the EEA Financial Mechanism.
   In particular, the Kingdom of Norway shall ensure that the application procedures and implementation modalities are essentially the same for both financial mechanisms referred to in the previous paragraph.
   Any relevant changes in the European Union's cohesion policies shall be taken into account, as appropriate.
   Article 8
   The following shall apply to the implementation of the Norwegian Financial Mechanism:

               1.

               The highest degree of transparency, accountability and cost efficiency shall be applied in all implementation phases, as well as objectives and principles of good governance, sustainable development and gender equality. The objectives of the Norwegian Financial Mechanism shall be pursued in the framework of close co-operation between the Beneficiary States and the Kingdom of Norway.

               2.

               In order to ensure efficient and targeted implementation, and taking into account national priorities, the Kingdom of Norway shall conclude with each Beneficiary State a Memorandum of Understanding that shall set out the multi-annual programming framework and the structures for management and control.

               3.

               After having concluded the Memorandum of Understanding, the Beneficiary States shall submit programme proposals. The Kingdom of Norway will appraise and approve the proposals and conclude grant agreements with the Beneficiary States for each programme. The level of detail in the programme shall take into account the size of the contribution. Within programmes, projects may in exceptional cases be specified, including conditions for their selection, approval and control, in accordance with the provisions for implementation referred to in paragraph 8.
               The implementation of the agreed programmes shall be the responsibility of the Beneficiary States. The Beneficiary States shall provide for an appropriate management and control system in order to ensure a sound implementation and management system. The Beneficiary State and the Kingdom of Norway may agree, in specific circumstances, that programmes be operated by any entity appointed by them.

               4.

               Partnerships shall, where appropriate, be applied in the preparation, implementation, monitoring and evaluation of the financial contributions in order to ensure broad participation. Partners may include, inter alia, local, regional and national levels, as well as the private sector, civil society and social partners in the Beneficiary States and the Kingdom of Norway.

               5.

               The control system provided for the management of the Norwegian Financial Mechanism shall ensure the respect of the principle of sound financial management. The Kingdom of Norway may carry out controls according to internal requirements. The Beneficiary States shall provide all necessary assistance, information and documentation to this effect. The Kingdom of Norway may suspend financing and require recovery of funds in the case of irregularities.

               6.

               Any project under the multi-annual programming framework in the Beneficiary States may be implemented in cooperation between entities based in the Beneficiary States and in the Kingdom of Norway and in accordance with the applicable rules on public procurement.

               7.

               The management costs of the Kingdom of Norway shall be covered by the overall amount referred to in Article 2 and will be specified in the provisions for the implementation referred to in paragraph 8.

               8.

               The Kingdom of Norway, or an entity appointed by it, shall be responsible for the overall management of the Norwegian Financial Mechanism. Further provisions for the implementation of the Norwegian Financial Mechanism will be issued by the Kingdom of Norway after consultation with the Beneficiary States. The Kingdom of Norway shall endeavour to issue these provisions before the signing of the Memoranda of Understanding.

         Article 9
   This Agreement shall be ratified or approved by the Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
   It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.
   Pending the completion of the procedures referred to in paragraphs 1 and 2, this Agreement shall be applied on a provisional basis as from the first day of the first month following the deposit of the last notification to this effect.
   Article 10
   This Agreement, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Norwegian languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties to this Agreement.

      Съставено в Брюксел на двадесет и осми юли две хиляди и десета година.
      Hecho en Bruselas, el veintiocho de julio de dos mil diez.
      V Bruselu dne 28. července 2010.
      Udfærdiget i Bruxelles, den 28. juli 2010.
      Geschehen zu Brüssel am 28. Juli 2010.
      Brüsselis kahe tuhande kümnenda aasta juulikuu kahekümne kaheksandal päeval
      Έγινε στις Βρυξέλλες, στις 28 Iουλίου 2010.
      Done at Brussels on the twenty-eighth day of July in the year two thousand and ten.
      Fait à Bruxelles, le vingt-huit juillet deux mil dix.
      Fatto a Bruxelles, addì ventotto luglio duemiladieci.
      Briselē, 2010. gada 28. jūlijā
      Priimta Briuselyje 2010 m. liepos 28 d.
      Kelt Brüsszelben, a kétezer-tizedik év július havának huszonnyolcadik napján.
      Magħmul fi Brussell, it-28 ta’ Lulju 2010.
      Gedaan te Brussel, 28 juli 2010.
      Sporządzono w Brukseli dnia 28 lipca 2010 r.
      Feito em Bruxelas, em vinte e oito de Julho de dois mil e dez.
      Întocmit la Bruxelles, 28 iulie 2010.
      V Bruseli dvadsiateho ôsmeho júla dvetisícdesať.
      V Bruslju, 28. julija 2010
      Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä heinäkuuta vuonna kaksituhattakymmenen.
      Som skedde i Bryssel den tjugoåttonde juli tjugohundratio.
      Utferdiget i Brussel, den 28. juli 2010.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         For Konveriket Norge

 ---documentbreak--- NA ---documentbreak--- NA ---documentbreak---

               9.11.2010

               EN

               Official Journal of the European Union

               L 291/18

         ADDITIONAL PROTOCOL
   to the Agreement between the European Economic Community and the Kingdom of Norway
   THE EUROPEAN UNION
   and
   THE KINGDOM OF NORWAY
   HAVING REGARD to the Agreement between the European Economic Community and the Kingdom of Norway signed on 14 May 1973 and to the existing arrangements for trade in fish and fishery products between Norway and the European Union,
   HAVING REGARD to the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, and in particular Article 2 thereof,
   HAVING REGARD to the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union, and in particular Article 2 thereof,
   HAVE DECIDED TO CONCLUDE THIS PROTOCOL:
   Article 1
   The special provisions applicable to imports into the European Union of certain fish and fishery products originating in Norway are laid down in this Protocol and the Annex thereto.
   The annual duty free tariff quotas are provided for in the Annex to this Protocol. These tariff quotas shall cover the period from 1 May 2009 to 30 April 2014. The quota levels shall be reviewed by the end of that period taking into account all relevant interests.
   Article 2
   The tariff quota levels that should have been opened for Norway as from 1 May 2009 until the implementation of this Protocol shall be divided in equal parts and allocated on a yearly basis for the remaining part of the period of application of this Protocol.
   Article 3
   Norway shall take the necessary steps to ensure the continuation of the regulation laid down by Royal Decree of 21 April 2006 allowing for free transit of fish and fishery products landed in Norway from vessels flying the flag of a Member State of the European Union. This regulation shall apply for the period referred to in Article 1 once the annual tariff quotas have been implemented.
   Article 4
   The rules of origin applicable for the tariff quotas listed in the Annex to this Protocol shall be those set out in Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway signed on 14 May 1973.
   Article 5
   This Protocol shall be ratified or approved by the Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
   It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.
   Pending the completion of the procedures referred to in paragraphs 1 and 2, this Protocol shall be applied on a provisional basis as from the first day of the third month following. the deposit of the last notification to this effect.
   Article 6
   This Protocol, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Norwegian languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties.

      Съставено в Брюксел на двадесет и осми юли две хиляди и десета година.
      Hecho en Bruselas, el veintiocho de julio de dos mil diez.
      V Bruselu dne 28. července 2010.
      Udfærdiget i Bruxelles, den 28. juli 2010.
      Geschehen zu Brüssel am 28. Juli 2010.
      Brüsselis kahe tuhande kümnenda aasta juulikuu kahekümne kaheksandal päeval
      Έγινε στις Βρυξέλλες, στις 28 Iουλίου 2010.
      Done at Brussels, on the twenty-eighth day of July in the year two thousand and ten.
      Fait à Bruxelles, le vingt-huit juillet deux mil dix.
      Fatto a Bruxelles, addì ventotto luglio duemiladieci.
      Briselē, 2010. gada 28. jūlijā
      Priimta Briuselyje, 2010 m. liepos 28 d.
      Kelt Brüsszelben, a kétezer-tizedik év július havának huszonnyolcadik napján.
      Magħmul fi Brussell, it-28 ta’ Lulju 2010.
      Gedaan te Brussel, 28 juli 2010.
      Sporządzono w Brukseli dnia 28 lipca 2010 r.
      Feito em Bruxelas, em vinte e oito de Julho de dois mil e dez.
      Întocmit la Bruxelles, 28 iulie 2010.
      V Bruseli dvadsiateho ôsmeho júla dvetisícdesať.
      V Bruslju, 28. julija 2010.
      Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä, heinäkuuta vuonna kaksituhattakymmenen.
      Som skedde i Bryssel den tjugoåttonde juli tjugohundratio.
      Utferdiget i Brussel, 28. juli 2010.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā –
         Europos Sajungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         For Kongeriket Norge

   ANNEX

      SPECIAL PROVISIONS REFERRED TO IN ARTICLE 1 OF THE PROTOCOL

   In addition to the existing duty free tariff quotas, the European Union shall open the following annual duty free tariff quotas for products originating in Norway:

               CN code

               Description of products

               Annual (1.5-30.4) tariff quota volume in net weight unless otherwise specified

               0303 29 00

               Other frozen salmonidae

               2 000 tonnes

               0303 51 00

               Herrings of the species Clupea harengus and Clupea pallasii, frozen, excluding livers and roes (1)

               45 800 tonnes

               0303 74 30

               Mackerel of the species Scomber scombrus and Scomber japonicus, frozen, whole, excluding livers and roes (2)

               39 800 tonnes

               0303 79 98

               Other fish, frozen, excluding livers and roes

               2 200 tonnes

               0304 29 75
               ex03049923

               Frozen filets of herring of the species Clupea harengus and Clupea pallasii

               Frozen flaps of herring of the species Clupea harengus and Clupea pallasii (butterflies) (3)

               67 600 tonnes

               ex16052010
               ex16052091
               ex16052099

               Shrimps and prawns, peeled and frozen, prepared or preserved

               7 000 tonnes

               ex16041291
               ex16041299

               Herring, spiced and/or vinegar cured, in brine (4)

               3 000 tonnes net drained weight

      (1)  The benefit of the tariff quota shall not be granted to goods declared for release for free circulation during the period 15 February to 15 June.

      (2)  The benefit of the tariff quota shall not be granted to goods declared for release for free circulation during the period 15 February to 15 June.

      (3)  The benefit of the tariff quota shall not be granted to goods of CN code 0304 99 23 declared for release for free circulation during the period 15 February to 15 June.

      (4)  This tariff quota shall be increased to 4 000 tonnes net drained weight in the period 1 May 2010 to 30 April 2011, to 5 000 tonnes net drained weight in the period 1 May 2011 to 30 April 2012, and to 6 000 tonnes net drained weight in the period 1 May to 30 April in each subsequent 12 month period.
 ---documentbreak--- NA ---documentbreak--- NA ---documentbreak--- NA ---documentbreak---

               9.11.2010

               EN

               Official Journal of the European Union

               L 291/14

         ADDITIONAL PROTOCOL
   to the Agreement between the European Economic Community and the Republic of Iceland
   THE EUROPEAN UNION
   and
   ICELAND
   HAVING REGARD to the Agreement between the European Economic Community and the Republic of Iceland signed on 22 July 1972, and to the existing arrangements for trade in fish and fishery products between Iceland and the Community,
   HAVING REGARD to the Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland consequent on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, and in particular Article 2 thereof,
   HAVING REGARD to the Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of the Republic of Bulgaria and Romania to the European Union, and in particular Article 2 thereof,
   HAVE DECIDED TO CONCLUDE THIS PROTOCOL:
   Article 1
   The special provisions applicable to imports into the European Union of certain fish and fishery products originating in Iceland are laid down in this Protocol and the Annex thereto.
   The annual duty free tariff quotas are provided for in the Annex to this Protocol. These tariff quotas shall cover the period from 1 May 2009 to 30 April 2014. The quota levels shall be reviewed by the end of that period taking into account all relevant interests.
   Article 2
   The volumes of the duty free tariff quotas for the first 12 month period 1 May 2009 to 30 April 2010 will be allocated to the period 1 May 2010 to 30 April 2011.
   Should the volumes of the tariff quotas for the tariff quota period from 1 May 2010 to 30 April 2011 not be fully exhausted, the remaining volumes shall be carried over to the tariff quota period from 1 May 2011 to 30 April 2012. For this purpose drawings on the tariff quotas applicable from 1 May 2010 to 30 April 2011 shall be stopped on the second working day in the Commission following 1 September 2011. On the following working day, the unused balances of these tariff quotas shall be made available under the corresponding tariff quota applicable from 1 May 2011 to 30 April 2012. From that date onwards no retroactive drawings and no returns shall be possible on the particular tariff quotas applicable from 1 May 2010 to 30 April 2011.
   Article 3
   This Protocol shall be ratified or approved by the Contracting Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
   It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.
   Pending the completion of the procedures referred to in paragraphs 1 and 2, this Protocol shall be applied on a provisional basis as from the first day of the third month following the deposit of the last notification to this effect.
   Article 4
   This Protocol, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Icelandic languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties to this Agreement.

      Съставено в Брюксел на двадесет и осми юли две хиляди и десета година.
      Hecho en Bruselas, el veintiocho de julio de dos mil diez.
      V Bruselu dne 28. července 2010.
      Udfærdiget i Bruxelles, den 28. juli 2010.
      Geschehen zu Brüssel am 28. Juli 2010.
      Brüsselis kahe tuhande kümnenda aasta juulikuu kahekümne kaheksandal päeval
      'Εγινε στις Βρυξέλλες, στις 28 Iουλίου 2010.
      Done at Brussels on the twenty-eighth day of July in the year two thousand and ten.
      Fait à Bruxelles, le vingt-huit juillet deux mil dix.
      Fatto a Bruxelles, addì ventotto luglio duemiladieci.
      Briselē, 2010. gada 28. jūlijā
      Priimta Briuselyje 2010 m. liepos 28 d.
      Kelt Brüsszelben, a kétezer-tizedik év július havának huszonnyolcadik napján.
      Magħmul fi Brussell, it-28 ta’ Lulju 2010.
      Gedaan te Brussel, 28 juli 2010.
      Sporządzono w Brukseli dnia 28 lipca 2010 r.
      Feito em Bruxelas, em vinte e oito de Julho de dois mil e dez.
      Întocmit la Bruxelles, 28 iulie 2010.
      V Bruseli dvadsiateho ôsmeho júla dvetisícdesať.
      V Bruslju, 28. julija 2010
      Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä heinäkuuta vuonna kaksituhattakymmenen.
      Som skedde i Bryssel den tjugoåttonde juli tjugohundratio.
      Gert i Brussel, 28. juli 2010.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         Fyrir Ísland

   ANNEX

      SPECIAL PROVISIONS REFERRED TO IN ARTICLE 1 OF THE PROTOCOL

   The Union shall open the following annual duty free tariff quotas for products originating in Iceland, in addition to existing tariff quotas:

               CN code

               Description of products

               Annual (1.5-30.4) tariff quota volume in net weight, unless otherwise specified

               0303 51 00

               Herrings of the species Clupea harengus and Clupea pallasii, frozen, excluding livers and roes (1),

               950 tonnes

               0306 19 30

               Frozen Norway lobsters (Nephrops norvegicus)

               520 tonnes

               0304 19 35

               Fillets of redfish (Sebastes spp.), fresh or chilled

               750 tonnes

      (1)  The benefit of the tariff quota shall not be granted to goods declared for release for free circulation during the period 15 February to 15 June.


title: Council Decision (EU) 2016/1325 of 28 July 2016 appointing three members and four alternate members, proposed by Ireland of the Committee of the Regions

text:
               3.8.2016

               EN

               Official Journal of the European Union

               L 209/12

         COUNCIL DECISION (EU) 2016/1325
   of 28 July 2016
   appointing three members and four alternate members, proposed by Ireland of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Irish Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               Three members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Maria BYRNE, Mr Neale RICHMOND and Ms Rose CONWAY WALSH.

               (3)

               Two alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Fiona O'LOUGHLIN and Mr Maurice QUINLIVAN.

               (4)

               Two alternate members' seats have become vacant following the appointment of Ms Deirdre FORDE and Mr Michael MURPHY as members of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               (a)

               as members:

                           —

                           Mr Michael MURPHY, Councillor, Tipperary County Council,

                           —

                           Ms Deirdre FORDE, Councillor, Cork County Council,

                           —

                           Mr Gerry MURRAY, Councillor, Mayo County Council;

                     and

               (b)

               as alternate members:

                           —

                           Mr Barry WARD, Councillor, Dún Laoighaire/Rathdown County Council,

                           —

                           Ms Irene WINTERS, Councillor, Wicklow County Council,

                           —

                           Mr Eamon DOOLEY, Councillor, Offaly County Council,

                           —

                           Ms Dianne NOLAN, Councillor, Kerry County Council.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 28 July 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: Council Decision (EU) 2017/1336 of 11 July 2017 appointing two members and an alternate member, proposed by the Federal Republic of Germany, of the Committee of the Regions

text:
               18.7.2017

               EN

               Official Journal of the European Union

               L 185/47

         COUNCIL DECISION (EU) 2017/1336
   of 11 July 2017
   appointing two members and an alternate member, proposed by the Federal Republic of Germany, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), 2015/190 (2) and 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Uta-Maria KUDER and Mr Detlef MÜLLER.

               (3)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Andreas TEXTER,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               (a)

               as members:

                           —

                           Ms Katy HOFFMEISTER, Justizministerin des Landes Mecklenburg-Vorpommern,

                           —

                           Mr Tilo GUNDLACK, Mitglied des Landtages Mecklenburg-Vorpommern,

                     and

               (b)

               as an alternate member:

                           —

                           Mr Jochen SCHULTE, Mitglied des Landtages Mecklenburg-Vorpommern.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 11 July 2017.

            For the Council

            The President

         T. TÕNISTE

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: 2009/69/EC: Council Decision of 18 December 2008 appointing the members of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice

text:
               28.1.2009

               EN

               Official Journal of the European Union

               L 24/11

      COUNCIL DECISION

   of 18 December 2008
   appointing the members of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice
   (2009/69/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   Having regard to the Protocol on the Statute of the Court of Justice, as amended by Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal (1), and in particular Article 3(3) of Annex I to the said Protocol,
   Having regard to Council Decision 2005/49/EC, Euratom of 18 January 2005 concerning the operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice (2), and in particular point 3 of the Annex to the said Decision,
   Having regard to the recommendation of the President of the Court of Justice of 19 November 2008,
   Whereas:

               (1)

               Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice provides for the setting up of a committee comprising seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of recognised competence. By virtue of Article 3(3), members of the committee are appointed by the Council, acting by a qualified majority on a recommendation by the President of the Court of Justice.

               (2)

               Furthermore, point 3 of the Annex to Decision 2005/49/EC, Euratom provides that the Council is to nominate the president of that committee.

               (3)

               These provisions should be applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   For a period of four years from 10 November 2008, the following shall be appointed members of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice:

               Mr Günter HIRSCH, President

               Mr Rafael GARCÍA-VALDECASAS Y FERNÁNDEZ

               Ms Csilla KOLLONAY LEHOCZKY

               Ms Fidelma O'KELLY MACKEN

               Mr Romain SCHINTGEN

               Ms Kateřina ŠIMÁČKOVÁ

               Mr Georges VANDERSANDEN.

         Article 2
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 18 December 2008.

            For the Council

            The President

         M. BARNIER

      (1)  OJ L 333, 9.11.2004, p. 7.

      (2)  OJ L 21, 25.1.2005, p. 13.


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 29 December 1978 opening, allocating and providing for the administration of tariff quotas for certain steel products originating in developing countries

text:
30 . 12 . 78                         Official Journal of the European Communities                            No L 375 / 163
                                                              II
                                         (Acts whose publication is not obligatory)
                                                    COUNCIL
                                                         DECISION
               OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
               OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE
                                                         COUNCIL,
                                                   of 29 December 1978
               opening, allocating and providing for the administration of tariff quotas for certain steel
                                        products originating in developing countries
                                                      (78 / 1037/ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS OF                         originating products shall be determined in accordance
THE MEMBER STATES OF THE EUROPEAN COAL AND                        with the procedure laid down in Article 14 of Council
 STEEL      COMMUNITY,       MEETING       WITHIN      THE        Regulation (EEC) No 802/68 of 27 June 1968 on the
 COUNCIL,                                                         common definition of the concept of the origin of
                                                                  goods (*).
 In agreement with the Commission,                                3 . The amount to be charged in respect of each
                                                                  country or territory referred to in paragraph 2 against
                                                                  each of the tariff quota amounts indicated in column 5
                                                                  of Annex A shall be limited to the maximum amount
 HAVE DECIDED AS FOLLOWS :
                                                                  given as a percentage in column 4 of Annex A against
                                                                  each category of products.
                                                                  4 . Any amendment to Annex B, in particular by the
                         Article 1                                addition of new countries or territories enjoying tariff
                                                                  preferences, may entail a corresponding adjustment to
 1 . From 1 January to 31 December 1979 , the duties              the maximum amounts expressed as percentages laid
 applicable in all customs areas of the Community to the          down in column 4 of Annex A and to the tariff ceilings
 products listed in Annex A shall be completely                   and quotas laid down respectively in columns 3 and 5
 suspended within the framework of Community tariff               of Annex A.
 quotas of amounts which shall be expressed in
 European units of account and which shall be indicated                                         Article 2
 against each product in column 3 of that Annex.
                                                                  1.   The Member States shall administer their tariff
 2 . These tariff quotas shall be enjoyed solely by               quotas in accordance with their own provisions in this
 products originating in the countries and territories            respect.
 listed in Annex B. However, those imports which
 already enjoy exemption from customs duties under                2 . The extent to which a Member State has used up its
 other preferential tariff arrangements granted by the            share shall be determined on the basis of imports of the
 nine Member States of the Community may not be
 charged against these tariff quotas . For the purposes of
 the application of this Decision, the concept of                 f 1) OJ No L 148 , -28 . 6 . 1968 , p. 1 .
 ---pagebreak--- No L 375 / 164                         Official Journal of the European Communities                              30. 12 . 78
 said goods which have been entered for home use, on                                      Article 5
 the basis of the customs value of the said goods, and
 which are accompanied by a certificate of origin in              Member States, in close cooperation with the
 accordance with the rules referred to in Article 1 (2 ).         Commission, shall take all necessary measures to ensure
                                                                  that the above provisions are applied.
 3 . Goods may be imported under the tariff quota only
 if the certificate of origin mentioned in paragraph 2 is
presented before the date on which customs duties are                                     Article 6
 re-introduced .
                                                                  The Member States shall take all measures necessary for
                                                                  the implementation of this Decision.
                           Article 3
 Each Member State shall re-introduce the levying of                                      Article 7
 duties which have been suspended in respect of a
 country or territory mentioned in Annex B as soon as it         For the purposes of applying this Decision, the
 records that the charges against its national quota of the      preferential amounts expressed in European units of
products concerned originating in such country or                 account (EUA) shall be converted into national
territory have reached the maximum amount laid down               currencies at the following rates :
in column 4 of Annex A.
                                                                       1 EUA = 3.6043955 DM
                                                                              =    49.508625 Bfrs/Lfrs
Such re-introduction shall be notified immediately to                         =     5-5616255 FF
the Commission, which shall inform the other Member
                                                                              =     3.577043 5 Fl
States forthwith . At the request of a Member State or of                     = 647-971 Lit
the Commission, the possible consequences of such a                                 7-4775175 Dkr
situation (with regard to the aggregate appearing in                                0.42930445 I £
column 3 of Annex A) shall be jointly examined                                =     0.4293044 £
immediately.
After the quotas opened under this Decision have been            The application of these rates may not result, in terms
                                                                 of national currency, in charges against each of the
used up , Common Customs Tariff duties on imports of
the products in question originating in the countries             quotas concerned being lower than those resulting from
listed in Annex C shall continue to be totally suspended.        the corresponding minimum obligations laid down for
                                                                  1978 .
                          Article 4                              Done at Brussels, 29 December 1978 .
Member States shall inform the Commission at least                                                    The President
monthly of imports of the products in question charged
against their quotas .                                                                              H.-D . GENSCHER
 ---pagebreak--- 30 . 12 . 78                                   Official Journal of the European Communities                                      No L 375 / 165
                                                                     ANNEX A
             List of products subject to zero-duty tariff ceilings under the generalized tariff preferences granted to
                                                         developing countries and territories
                                                                                Maximum
      CCT                                                                             Aggregate    amount
                                                                                Volume of shares allocated to
     heading                                 Description                             of column 5 per country            Member States
       No                                                                              (in EUA)  and territory             ( in EUA )
                                                                                (% )
       ( 1)                                       ( 2)                                    ( 3)        ( 4)                     ( 5)
    73.08       Iron or steel coils for re-rolling                                 12 091 800       40         Germany                3 325 245
                                                                                Benelux                1 269 640
                                                                                France                 2 297 440
                                                                                Italy                   1 813 770
                                                                                Denmark                   604 590
                                                                                Ireland                   120 920
                                                                                United Kingdom         2 660 195
    73.10       Bars and rods ( including wire rod ), of iron or                   7 493 900         50        Germany                2 060 810
                steel , hot-rolled , forged , extruded , cold-formed                                           Benelux                   786 860
                or       cold-finished       ( including precision-made);                                      France                  1 423 840
                hollow mining drill steel :                                                                    Italy                   1 124 090
                                                                                Denmark                   374 700
                A. Not          further     worked     than    hot-rolled    or                                Ireland                    74 940
                    extruded
                                                                                United Kingdom          1 648 660
                D. Clad or surface-worked ( for example, pol
                     ished , coated ):
                     I. Not further worked than clad :
                         a ) Hot-rolled or extruded
     73.13       Sheets and plates of iron or steel , hot-rolled or                 23 440 200         30      Germain                6 446 055
                 cold-rolled :                                                                                Benelux                2 461 220
                                                                                France                 4 453 640
                 A. ' Electrical ' sheets and plates
                                                                                Italy                  3 516 030
                 B. Other sheets and plates :                                                                  Denmark                 1 172 010
                          I. Not further worked than hot-rolled                                                Ireland                   234 400
                        II . Not further worked than cold-rolled , of                                          United Kingdom         5 156 845
                             a thickness of:
                             b ) More than 1 mm but less than 3 mm
                             c) 1 mm or less
                       III . Not further worked than burnished ,
                             polished or glazed
                       IV . Clad ,      coated      or    otherwise     surface-
                             treated :
                             b ) Tinned
                             c) Zinc-coated or lead-coated
                             d ) Other ( for example, copper-plated
                                 artificially oxidized , lacquered , nickel-
                                 plated , varnished, clad, parkerized ,
                                 printed )
                        V. Otherwise shaped or worked :
                             a ) Cut into shapes other than rectangu
                                 lar shapes, but not further worked :
                                 2.    Other
 ---pagebreak---    No L 375 / 1 66                                  Official Journal of the European Communities                                                        30 . 12 . 78
                                                                              ANNEX B
                                    List of developing countries and territories enjoying generalized tariff preferences ( ')
                                                               I. INDEPENDENT COUNTRIES
   660     Afghanistan ( 2)                                         488 Guyana                                                 520 Paraguay
   208     Algeria                                                  452 Haiti (2)                                              504 Peru
   330     Angola                                                   424 Honduras                                               708     Philippines
   528     Argentina                                                664 India                                                  644     Qatar
   453 Bahamas                                                      700 Indonesia                                              247     Republic of Cape Verde
   640 Bahrain                                                      616 Iran                                                   324     Rwanda ( 2)
   666 Bangladesh ( 2)                                              612 Iraq                                                   819     Samoa ( 2)
   469 Barbados                                                     272 Ivory Coast                                            311 Sao Tome and Principe
   284 Benin ( 2)                                                   464 Jamaica                                                632 Saudi Arabia
   675 Bhutan ( 2)                                                  338 Jibuti                                                 248 Senegal
   516 Bolivia                                                      628 Jordan                                                 355 Seychelles and dependencies
   391 Botswana ( 2)                                                696 Kampuchea ( Cambodia)                                  264 Sierra Leone
   508 Brazil                                                       346 Kenya                                                  706 Singapore
   676 Burma                                                        636 Kuwait                                                 812 Solomon Islands
  328 Burundi ( 2)                                                  684 Laos ( 2)                                              342 Somalia ( 2)
  302 Cameroon                                                      604 Lebanon                                                728 South Korea
  306 Central African Empire (2)                                    395 Lesotho (2)                                           656 South Yemen (2)
  244 Chad (2)                                                      268 Liberia                                               669 Sri Lanka
  512 Chile                                                         216 Libya                                                  224 Sudan ( 2)
  480 Colombia                                                      370 Madagascar                                            492 Surinam
  375 Comoros                                                       386 Malawi (2)                                            393 Swaziland
  318 Congo                                                         701 Malaysia                                               608 Syria
  436 Costa Rica                                                    667 Maldives (2)                                          352 Tanzania ( 2)
  448 Cuba                                                          232 Mali ( 2)                                             680 Thailand
  600 Cyprus                                                        228 Mauritania                                            280 Togo
  456 Dominican Republic                                            373 Mauritius                                             817 Tonga
  500 Ecuador                                                       412 Mexico                                                472 Trinidad and Tobago
  220 Egypt                                                         204 Morocco                                               212 Tunisia
  428 El Salvador                                                   366 Mozambique                                            812 Tuvalu
  310 Equatorial Guinea                                             803 Nauru                                                 350 Uganda (2)
  334 Ethiopia ( 2)                                                 672 Nepal (2)                                             647 United Arab Emirates
  815 Fiji                                                          432 Nicaragua                                             236 Upper Volta ( 2)
  314 Gabon                                                         240 Niger ( 2)                                            524 Uruguay
  252 Gambia ( 2)                                                   288 Nigeria                                               484 Venezuela
 276 Ghana                                                          652 North Yemen ( 2)                                      690 Vietnam
 473 Grenada                                                        649 Oman                                                  048 Yugoslavia
 416 Guatemala                                                      662 Pakistan                                              322 Zaire
 260 Guinea ( 2)                                                    440 Panama                                                378 Zambia
 257 Guinea Bissau                                                  801 Papua New Guinea
(•) The code number preceding the name of each beneficiary country or territory is that given in 'Geonomenclature 1979' (Regulation ( EEC) No 2843/78 — OJ No 1. 339,
     .S. 12 . 197S . n . S ).
( 2) This country is also included in Annex C.
 ---pagebreak--- 30 . 12 . 78                                    Official Journal of the European Communities                                                No L 375 / 167
                                                         II . COUNTRIES AND TERRITORIES
              dependent or administered , or for whose external relations Member States of the Community or third
                                                       countries are wholly or partly responsible
             808 American Oceania (*)
             802 Australian Oceania (Christmas Island, Cocos (Keeling) Islands, Heard Island and McDonald
                     Islands, Norfolk Island )
             421 Belize
             413 Bermuda
              357 British Indian Ocean Territory
              812 British Oceania
              703 Brunei
             463 Cayman Islands
              529 Falkland Islands and dependencies
              822 French Polynesia
              044 Gibraltar
              740 Hong Kong
             743 Macao
             377 Mayotte
             476 Netherlands Antilles
              809 New Caledonia and dependencies
              814 New Zealand Oceania (Tokelau and Niue Islands ; Cook Islands )
              890 Polar regions (French Southern and Antarctic Territories, Australian Antarctic Territories, British
                     Antarctic Territories )
              329 St Helena and dependencies
              454 Turks and Caicos Islands
              457 Virgin Islands of the United States
              811 Wallis and Futuna Islands
              471 West Indies
              Note: The above lists may be amended subsequently to take account of changes in the international
                        status of countries or territories .
             (*) American Oceania includes : Guam, American Samoa {including Swain's Island), Midway Islands, Johnston and Sand Islands, Wake
                 Island and the Trust Territory of the Pacific Islands (the Caroline, Marianas and Marshall Islands).
 ---pagebreak--- No L 375 / 168                      Official Journal of the European Communities             30 . 12 . 78
                                                          ANNEX C
                                         List of least developed developing countries
             660 Afghanistan                                                 386 Malawi
             666 Bangladesh                                                  667 Maldives
             284 Benin                                                       232 Mali
             675 Bhutan                                                      672 Nepal
             391 Botswana                                                    240 Niger
             328 Burundi                                                     652 North Yemen
             306 Central African Empire                                      324 Rwanda
             244 Chad                                                        819 Samoa
             334 Ethiopia                                                    342 Somalia
             252 Gambia                                                      656 South Yemen
             260 Guinea                                                      224 Sudan
             452 Haiti                                                       352 Tanzania
             684 Laos                                                        350 Uganda
             395 Lesotho                                                     236 Upper Volta


Avis juridique important

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31990D0138

90/138/EEC: Commission Decision of 16 March 1990 accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of certain diesel engines originating in Finland and Sweden, and terminating the investigation

Official Journal L 076 , 22/03/1990 P. 0028 - 0031

*****COMMISSION  DECISION  of 16 March 1990  accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of certain diesel engines originating in Finland and Sweden, and terminating the investigation  (90/138/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  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 Economic Community (1), and in particular Article 10 thereof,  Having regard to the proposal from the Commission, presented after consultation within the Advisory Committee as provided for under the above Regulation (EEC) No 2423/88,  Whereas:  A. Procedure  (1) In February 1987 the Commission received a complaint lodged by Euromot (European Committee of Internal Combustion Engine Manufacturers' Association) on behalf of Community producers representing the majority of Community production of the diesel engines concerned. The complaint contained evidence of dumping and of material injury which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced by a notice in the Official Journal of the European Communities (2) the initiation of an anti-dumping proceeding concerning imports into the Community of certain diesel engines falling within CN codes ex 8408 10 70, ex 8408 10 80, ex 8408 10 90, ex 8408 90 71, ex 8408 90 75 and ex 8408 90 99, originating in Finland and Sweden and subsequently commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) The majority of the known producers and exporters made their views known in writing. They have requested and have been granted hearings.  (4) No submissions were made on behalf of Community purchasers of the product in question.  (5) The Commission sought and verified all information it deemed to be necessary for the purposes of a perliminary determination and carried out investigations at the premises of the following:  EEC producers  Krupp MaK Maschinenbau GmbH, Germany,  MAN - B&W Diesel AG, Germany,  Motoren-Werke Mannheim AG, Germany,  Stork-Werkspoor Diesel BV, Netherlands,  Fincantieri, Divisione Grande Motori, Italy,  S.E.M.T. Pielstick, France,  CCM Sulzer, France,  Ruston Diesels Ltd, UK,  Mirrlees Blackstone Diesels Ltd, UK,  W.H. Allen Diesels Ltd, UK,  Compañia de Motores Deutz MWM SA, Spain,  Empresa Nacional Bazán, Spain.  Producers in third countries  OY Waertsilae AB, Helsinki, Finland,  Waertsilae Diesel AB, Trollhaettan, Sweden,  hereinafter known as 'the exporters'.  The Commission requested and received detailed written submissions from all the complainant Community producers and the exporters concerned, and verified the information therein to the extent considered necessary.  Because of the complicated technical nature of the product concerned, the extensions of time-limits requested by both the exporters and the complainants - which were granted - and the large number of companies that had to be investigated, the time-limit for completion of the investigation exceeded a 12 month period.  (6) The investigation of dumping covered the period from 1 January 1987 to 31 August 1988.  B. Products  (7) The products concerned by the proceeding are certain diesel engines, used as marine main and auxiliary engines as well as stationary engines for the generation of electricity, of a power exceeding 500 kW with revolutions per minute below 1 200 (medium-speed engines).  Each engine is custom-built to the specific requirements of the customers and includes additional equipment which differs considerably for each order. However, every engine is manufactured to certain specific standards and the components used in the production universally are basically the same. For comparison purposes both Community producers as well as exporters' engines had therefore to be brought back to a so-called 'basic engine'. (Completed engine less additional equipment).  These 'basic engines' that were used for comparison purposes are like products for the following reasons:  they are either alike in all respects or have closely resembling characteristics and performances. Irrespective of whether the engine is used as marine main, auxiliary or stationary they are all interchangeable, and all contain the same basic components. All engines consist of the same technology and even though there are differences in size and output, they all serve the same purpose.  C. Normal Value  (8) As the exporters had no domestic sales to unrelated customers (all engines were produced for internal use in their own shipyard in the investigation period) normal value had to be constructed for every basic engine.  The constructed normal values was determined for every basic engine exported by adding cost of production and a reasonable margin of profit. Cost of production was computed on the basis of all costs, both fixed and variable, in the country or origin, of materials and manufacture, plus a reasonable amount for selling, administrative and other general expenses.  Given that there were no domestic sales in the ordinary course of trade on the domestic market nor any other producers of the like product in the same business sector in the country of origin, the profit margin to be added to the cost of production had to be determined on another reasonable basis in accordance with Article 2 (3) (b) (ii) of Regulation (EEC) No 2423/88. The Commission therefore based its calculation on the weighted average profit margin realized by the exporters on their profitable export sales to third countries.  D. Export price  (9) The export price for every basic engine in every export order to independent customers was determined on the basis of the prices actually paid or payable.  E. Comparison  (10) In comparing normal value and export price the Commission took account, where appropriate, of differences in conditions and terms of sale and made the necessary adjustments.  All comparisons were made at the 'ex-works' level and on a transaction-by-transaction basis.  F. Margins  (11) The above preliminary examination of the facts shows the existence of dumping in respect of the Finnish and Swedish exporters, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.  Varying margins of dumping were established depending on the type of engines concerned and the importing Member State. The individual margins fluctuated considerably, the weighted average dumping margins for all exports to the Community were established at 11,3 % and 19,6 % for Finland and Sweden respectively.  G. Injury  (12) The volume of imports of diesel engines from Finland and Sweden in the period 1984-87 has increased considerably. Calculated on the basis of number of engines (units) there has been an increase of ( . . . ) (1) whereas the increase on the basis of output (kW) has been ( . . . ) in the same period.  (13) The corresponding market share of the exporters (Finland and Sweden) in the EEC market for medium-speed engines based on total Community consumption increased during the period 1984-87 from ( . . . ) to ( . . . ) (units) and from ( . . . ) to ( . . . ) (kW) respectively.  (14) The Commission established price undercutting by comparing the exporters' prices and those of the Community manufacturers, for every transaction carried out by the exporters from Finland and Sweden during the investigation period.  For this exercise it was first necessary to identify the products which were sold by the Community producers. Subsequently the corresponding ones of the Finnish and Swedish exporters had to be chosen. This was done on the basis of size and output of the various engines as supplied by the exporters. The calculations were made by comparing the average sales prices of every EEC producer to those of the exporters for every type of basic engine. The analysis indicates that the prices at which the dumped products were sold in the Community undercut the prices of Community producers to a varying degree, the weighted average margin of price undercutting being significant and exceeding the dumping margins found.  (15) There has been an overall decrease in sales of Community producers of ( . . . ) on the basis of engines (units) and of ( . . . ) on the basis of output (kW) during the period 1984-87.  (16) Community producers market share during the period 1984-87 decreased from ( . . . ) to ( . . . ) (units) and from ( . . . ) to ( . . . ) (kW) respectively.  (17) With regard to the profit and loss situation of the EC diesel engine producers, it has been established that they suffered heavy financial losses during the period 1984-88.  (18) The Commission has considered whether injury has been caused by other factors such as a decline in demand and low-priced imports from other sources.  For this purpose the Commission took into account that in the wake of the shipbuilding crisis the market for marine diesel engines had witnessed a considerable decline leading to sustained world-wide competition and a decline in sales and prices. Faced with a shrinking market for several years the Community industry implemented stiff restructuring measures which are still proceeding and have led to a certain improvement in capacity utilization. Although the industry is still making considerable losses the streamlining efforts have started to show some positive effects and a reduction of losses seems to be under way. The process was however significantly jeopardized by the increasing presence of low-priced dumped imports from Sweden and Finland.  (19) For the purpose of determination of injury, exports from Finland and Sweden have been cumulated because the engines under consideration were of the same type and the exporters concerned belong to the same holding company, The Finnish and Swedish EEC market shares increased considerably to the detriment of the Community industry; no other serious third-country competitors producing medium-speed diesel engines where found to be selling in the Community during the investigation period. The exporters in Finland and Sweden account for practically all of the total imports of medium-speed engines from non-EEC countries, the market share of other third-country competitors being negligible.  (20) The increased level of dumped imports and in particular their low prices that undercut the already loss-making prices of Community producers contributed significantly to the sharp decrease of sales of Community producers and their considerable loss of market share. The necessity to align their prices also caused heavy additional financial losses to Community producers. The Commission therefore considers that given the already difficult situation of the Community industry, the dumped imports of medium-speed diesel engines from Finland and Sweden taken in isolation are causing material injury to the Community industry.  H. Community interest  (21) In assessing whether it is in the interest of the Community to take measures against dumped imports, the Commission considers that because of the heavy losses suffered by the Community producers the continued existence of this industry is at risk. The production of diesel engines is of social, technological and economic importance for the Community. The European diesel engine industry is an important employer both directly and indirectly through a large number of suppliers of semi-finished and finished products. The number of employees in this segment amounts to ( . . . ), with a turnover of ( . . . ) ecu. The disappearence of this industry would involve considerable social costs for the Community.  The production of diesel engines is also an important factor to the technological development of the diesel industry in general. This technology is continually advancing and progressing. Further plant closures and reductions of diesel engine production would undoubtedly lead to a loss of the technology and know-how involved.  The European importers and users of the products concerned did not make their views known nor raise objections with regard to defensive actions against imports of diesel engines from Finland and Sweden during this anti-dumping proceeding.  In conclusion it is therefore considered that the interests of the Community call for intervention.  I. Undertaking  (22) Following the completion of the preliminary investigation the exporters concerned offered an undertaking concerning export of diesel engines.  The Commission regards this undertaking as acceptable, considering that the effect of this undertaking will be to increase the prices of the products concerned to an extent sufficient to eliminate the margin of dumping found for these exporters. It appears that correct operation of the undertaking can be effecitvely monitored.  In these circumstances, the undertaking offered is considered accpetable and the investigation, therefore, terminated without imposition of anti-dumping duties.  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking offered by OY Waertsilae AB, Helsinki, Finland (acting on behalf of Waertsilae Diesel AB, Trollhaettan, Sweden as well) in connection with the anti-dumping proceeding concerning imports of diesel engines falling under CN codes ex 8408 10 70, ex 8408 10 80, ex 8408 10 90, ex 8408 90 71, ex 8408 90 75, ex 8408 90 99, originating in Sweden and Finland is hereby accepted.  Article 2  The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated.  Done at Brussels, 16 March 1990.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 251, 27. 9. 1988, p. 3.  (1) With regard to injury caused to the Community industry the Commission has received confidential information from the firms involved, which, if published, even in a summarized form, would be likely to have a significantly adverse effect upon these firms.