Avis juridique important

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31986D0047

86/47/EEC: Council Decision of 3 March 1986 establishing arrangements for trade between Spain and Portugal on the one hand and the overseas countries and territories (OCT) on the other

Official Journal L 063 , 05/03/1986 P. 0095 - 0183

COUNCIL DECISION of 3 March 1986 establishing arrangements for trade between Spain and Portugal on the one hand and the overseas countries and territories (OCT) on the other (86/47/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 136 thereof,Having regard to the draft Decision submitted by the Commission,Whereas the Act of Accession of Spain and Portugal provides for adjustments and transitional measures to apply to trade between those Member States on the one hand and certain third countries on the other;Whereas it is necessary to lay down special provisions for the implementation by the Kingdom of Spain and the Portuguese Republic as from 1 March 1986 of the trade arrangements established by acts adopted pursuant to Articles 131 to 135 of the EEC Treaty for the benefit of the overseas countries and territories (OCT);Whereas for the time being such special provisions should be applicable only until 31 December 1986, taking account of the arrangements in force in the ACP States;Whereas quantitative restrictions which may be applied by the Kingdom of Spain or the Portuguese Republic vis-à-vis third countries in respect of products listed in Annex II to the Treaty are covered by general provisions adopted by the Council applying to all third countries;Whereas the Commission should therefore lay down implementing provisions in respect of these measures;Whereas the Canary Islands, Ceuta and Melilla are not part of the customs territory of the Community and in principle autonomous acts on acts adopted under agreement of Community institutions concerning the common commercial policy and relating directly to the import or export of goods do not apply to the Canary Islands, Ceuta and Melilla;Whereas Article 7 of Protocol N  2 to the Act of Accession concerning the Canary Islands, Ceuta and Melilla provides, however, that customs duties, charges having equivalent effect and trade arrangements applying to imports into the Canary Islands, Ceuta and Melilla of goods coming from a third country may not be less favourable than those applied by the Community in accordance with its international commitments or preferential arrangements vis-à-vis such third country, provided the third country in question accords imports from the Canary Islands, Ceuta and Melilla the same treatment as it accords those from the Community;Whereas provisions should therefore be adopted for implementation of the trade arrangements applicable to imports into the Canary Islands, Ceuta and Melilla of products originating in the OCT,HAS DECIDED AS FOLLOWS:Article 1From 1 March to 31 December 1986 the Kingdom of Spain and the Portuguese Republic shall apply the same arrangements to imports originating in the OCT as are applied by the other Member States of the Community, having regard to the specific provisions set out in the Annex hereto.Article 2This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.It shall apply from 1 March 1986.Done at Brussels, 3 March 1986.For the CouncilThe PresidentW. F. van EEKELENANNEX Provisions applicable to imports into Spain and Portugal of products originating in the overseas countries and territories (OCT)CHAPTER IPROVISIONS APPLICABLE TO SPAINSection IGeneral arrangementsArticle 11.  From 1 March 1986, the Kingdom of Spain shall apply to imports of products originating in the overseas countries and territories (OCT), other than those listed in Annex I, the same customs duties as it applies to like products from the Community as constituted on 31 December 1985.2.  In particular, the Kingdom of Spain shall gradually dismantle customs duties on imports originating in the OCT in accordance with the following timetable:- on 1 March 1986 each duty shall be reduced to 90 % of the basic duty,- on 1 January 1987 each duty shall be reduced to 77,5 % of the basic duty,- on 1 January 1988 each duty shall be reduced to 62,5 % of the basic duty,- on 1 January 1989 each duty shall be reduced to 47,5 % of the basic duty,- on 1 January 1990 each duty shall be reduced to 35 % of the basic duty,- on 1 January 1991 each duty shall be reduced to 22,5 % of the basic duty,- on 1 January 1992 each duty shall be reduced to 10 % of the basic duty.The final 10 % reduction shall be made on 1 January 1993.3.  For the purposes of applying the duties calculated in accordance with paragraph 2 they shall be rounded down to one decimal place.Article 21.  The basic duty for each product to which the successive reductions provided for in Article 1 (2) shall be applied shall be the duty actually applied by the Kingdom of Spain vis-à-vis the Community on 1 January 1985.2.  By way of derogation from paragraph 1:- in the case of products listed in Annex I, the basic duty shall be the duty applied by the Kingdom of Spain vis-à-vis the OCT on 1 January 1985,- in the case of the following products the basic duties shall be those indicated:>TABLE>Article 3Should the Kingdom of Spain suspend customs duties on imports from the Community as constituted on 31 December 1985 or reduce them more rapidly than envisaged unde the timetable laid down, it shall also suspend or reduce by the same percentage the customs duties applying to like products originating in the OCT, other than products listed in Annex I.Article 41.  The Kingdom of Spain shall apply quantitative import restrictions:- until 31 December 1988 for the products listed inAnnex II,- until 31 December 1989 for the products listed inAnnex III.Until 31 December 1989 the Kingdom of Spain may also apply quantitative import restrictions to products listed in Annex IV, provided it applies similar measures vis-à-vis non-preferential third countries.2.  The restrictions referred to in paragraph 1 shall take the form of global quotas open to all OCT.3.  The initial quotas are indicated in Annex II, Annex III or Annex IV, respectively.The quotas listed in Annexes II and IV and quota Nos 1-5 and 10-14 in Annex III shall be gradually increased at the beginning of each year by 25 % in the case of value quotas and 20 % in the case of volume quotas. Each successive increase shall be added to the quota and the following increase calculated on the basis of the total thus obtained.Quota Nos 6-9 in Annex III shall be increased by:- 13 % in the first year,- 18 % in the second year,- 20 % in the third year,- 20 % in the fourth year.4.  Where it is found that Spanish imports of a product listed in Annex II, Annex III or Annex IV have been less than 90 % of the quota level in two consecutive years, imports of that product originating in the OCT shall be liberalized at the beginning of the year following the two years in question provided the product concerned is at that time liberalized vis-à-vis the Community as constituted on 31 December 1985.Should the Kingdom of Spain liberalize imports from the Community as constituted on 31 December 1985 of a product listed in Annex II or Annex III, or increas a quota applicable to the Community as constituted on 31 December 1985 by more than the minimum percentage indicated in paragraph 3, it shall also liberalize imports of that product from the OCT, or increase the global quota proportionately.5. The Kingdom of Spain shall administer the quotas referred to in paragraph 1 in accordance with the same rules and administrative practices it applies to imports of products originating in the Community as constituted on 31 December 1985.Article 5For products covered by Regulation (EEC) N  3033/80 and originating in the OCT, the Kingdom of Spain:- as from 1 March 1986, shall gradually dismantle the customs duties constituting the fixed component of the charge in accordance with the timetable indicated in Article 1 (2), starting from the basic duties indicated in Annex V,- in respect of the variable component of the charge, shall apply the preferential rates in full as from 1 March 1986.Section IIProducts listed in Annex II to the Treaty establishing the European Economic CommunityArticle 61.  For products listed in Annex II to the Treaty establishing the European Economic Community, starting on 1 March 1986 and subject to the special provisions laid down below, the Kingdom of Spain shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable:- on 1 March 1986 the difference shall be reduced to 90,9 % of the initial difference,- on 1 January 1987 the difference shall be reduced to 81,8 % of the initial difference,- on 1 January 1988 the difference shall be reduced to 72,7 % of the initial difference,- on 1 January 1989 the difference shall be reduced to 63,6 % of the initial difference,- on 1 January 1990 the difference shall be reduced to 54,5 % of the initial difference,- on 1 January 1991 the difference shall be reduced to 45,4 % of the initial difference,- on 1 January 1992 the difference shall be reduced to 36,3 % of the initial difference,- on 1 January 1993 the difference shall be reduced to 27,2 % of the initial difference,- on 1 January 1994 the difference shall be reduced to 18,1 % of the initial difference,- on 1 January 1995 the difference shall be reduced to 9,0 % of the initial difference.The Kingdom of Spain shall apply the preferential rates in full as from 1 January 1996.However, the following products originating in the OCT may be imported into Spain duty-free as from 1 March 1986.>TABLE>2.  The Kingdom of Spain shall postpone implementation of the preferential arrangements for olive oil, oil seeds and oleaginous fruit falling within Regulation N  136/66/EEC, and for products derived therefrom, until 31 December 1990.3.  The Kingdom of Spain shall postpone implementation of the preferential arrangements for fruit and vegetables falling within Regulation (EEC) N  1035/72 until 31 December 1989.4.  Starting on 1 March 1986, the Kingdom of Spain shall apply to fishery products falling within headings or subheadings 03.01, 03.02, 03.03, 05.15 A, 16.04, 16.05 and 23.01 B of the Common Customs Tariff a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable:- on 1 March 1986 the difference shall be reduced to 87,5 % of the initial difference,- on 1 January 1987 the difference shall be reduced to 75,0 % of the initial difference,- on 1 January 1988 the difference shall be reduced to 62,5 % of the initial difference,- on 1 January 1989 the difference shall be reduced to 50,0 % of the initial difference,- on 1 January 1990 the difference shall be reduced to 37,5 % of the initial difference,- on 1 January 1991 the difference shall be reduced to 25,0 % of the initial difference,- on 1 January 1992 the difference shall be reduced to 12,5 % of the initial difference.The Kingdom of Spain shall apply the preferential rates in full as from 1 January 1993.However, for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff, starting on 1 March 1986 the Kingdom of Spain shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the timetable laid down in paragraph 1.5.  For the purposes of paragraphs 1 and 4, the basic duty shall be that defined in Article 2 (1). However, the basic duty for domestic rabbits falling within subheading 01.06 A of the Common Customs Tariff shall be 6,5 %.Article 7The Kingdom of Spain shall apply as from 1 March 1986 the non-tariff benefits, and in particular the levy reductions, accorded by the Community to products originating in the OCT.Article 81.  The Kingdom of Spain may apply quantitative restrictions to imports of products originating in the OCT:(a)  until 31 December 1989 in respect of the products listed in Annex VI;(b)  until 31 December 1995 in respect of the products listed in Annex VII;(c)  in respect of products subject under Article 81 of the Act of Accession to the supplementary mechanism applicable to imports into Spain from the Community as constituted on 31 December 1985, other than products falling within Regulation (EEC) N  1035/72.2.  Until 31 December 1990, the Kingdom of Spain shall apply quantitative restrictions to imports of products originating in the OCT and referred to:- in Article 1 (2) (a) of Regulation N  136/66/EEC, other than soya beans falling within subheading ex 12.01 B of the Common Customs Tariff,- in Article 1 (2) (b) of Regulation N  136/66/EEC, other than products falling within subheadings 15.17 B II and 23.04 B of the Common Customs Tariff.3.  Until 31 December 1992, the Kingdom of Spain may retain quantitative restrictions on imports originating in the OCT of products listed in Annex VIII, in accordance with the arrangements to be determined.4.  The Commission shall determine the rules for implementation of the measures referred to in paragraphs 1 to 3 in accordance with the arrangements established by the Council.Article 91.  In the case of products which are not subject on1 March 1986 to a common organization of the market, the preferential arrangements concerning the elimination of charges having equivalent effect to customs duties and the abolition of quantitative restrictions and measures having equivalent effect shall not apply to such charges, restrictions or measures where they form an integral part of a national organization of the market in Spain at the time of accession.These provisions shall apply only until a common organization of the market is established for such products or until 31 December 1995, whichever is the earlier, and only in so far as is strictly necessary to ensure the functioning of the national organization.2.  By way of derogation from paragraph 1, the Kingdom of Spain may retain quantitative restrictions on imports of bananas falling within subheading 08.01 B of theCommon Customs Tariff and originating in the OCT, until a common organization of the market is established for such products, and in so far as is strictly necessary to ensure the functioning of the national organization.Section IIICanary Islands and Ceuta and MelillaArticle 101.  Without prejudice to the following provisions, the arrangements for trade between the Canary Islands and Ceuta and Melilla on the one hand and the OCT on the other shall be the same as those for trade between the Community and the OCT provided the OCT accord products originating in the Canary Islands and Ceuta and Melilla the same treatment they accord those from the Community.2.  Customs duties applied by the Canary Islands and Ceuta and Melilla to products other than those listed in Annex II to the Treaty establishing the European Economic Community and the charge known as 'arbitrio insular - tarifa general' existing in the Canary Islands shall be gradually dismantled in respect of products originating in the OCT starting on 1 March 1986 and in accordance with the timetable and arrangements indicated in Articles 1, 2 and 3.3.  Customs duties applied by the Canary Islands and Ceuta and Melilla to products listed in Annex II to the Treaty establishing the European Economic Community and originating in the OCT shall be aligned progressively on the preferential duties applied by the Community in respect of such products, subject to the proviso that those territories may accord more favourable treatment to such products than the Community does.In no case shall duties be dismantled at a faster rate or otherwise than is laid down in Articles 1, 2 and 3.4.  The charge known as 'arbitrio insular - tarifa especial' in the Canary Islands shall be abolished in respect of products originating in the OCT as from 1 March 1986.However, the said charge may be retained in respect of imports of the products listed in Annex IX at 90 % of therate therein indicated, provided the lower rate is applied uniformly to all imports of the products in question originating in all OCT. The charge shall be abolished when it is abolished vis-à-vis the Community.The said charge may at no time be higher than the Spanish customs tariff as amended with a view to the phasing in of the Common Customs Tariff.CHAPTER IIPROVISIONS APPLICABLE TO PORTUGALSection IGeneral arrangementsArticle 111.  The Portuguese Republic shall abolish customs duties on imports of products originating in the OCT as from 1 March 1986.2.  By way of derogation from paragraph 1, the Portuguese Republic shall gradually dismantle customs duties on imports originating in the OCT of the products listed in Annex X in accordance with the following timetable:- on 1 March 1986 each duty shall be reduced to 90 % of the basic duty,- on 1 January 1987 each duty shall be reduced to 80 % of the basic duty,- on 1 January 1988 each duty shall be reduced to 65 % of the basic duty,- on 1 January 1989 each duty shall be reduced to 50 % of the basic duty,- on 1 January 1990 each duty shall be reduced to 40 % of the basic duty,- on 1 January 1991 each duty shall be reduced to 30 % of the basic duty,- the final two 15 % reductions shall be made on 1 January 1992 and 1 January 1993.3.  For the purpose of applying the duties calculated in accordance with paragraph 1 they shall be rounded down to one decimal place.Article 121.  The basic duty for each product to which the successive reductions provided for in Article 11 (2) shall be applied shall be the duty actually applied by the Portuguese Republic vis-à-vis the OCT on 1 January 1985.2.  By way of derogation from paragraph 1, the Portuguese Republic shall dismantle customs duties on the products listed in Annex XI starting from the basic duties indicated in that Annex, provided the said duties are higher than the duties actually applied by the Portuguese Republic vis-à-vis the OCT on 1 January 1985.Article 13Should the Portuguese Republic suspend customs duties on imports from the Community as constituted on 31 December 1985 or reduce them more rapidly than envisaged in the timetable laid down, it shall also suspend or reduce by the same percentage the customs duties applying to like products originating in the OCT, other than products listed in Annex X (B).Article 141.  Charges having equivalent effect to customs duties applied by the Portuguese Republic to imports originating in the OCT shall be abolished on 1 March 1986.2.  The following charges applied by the Portuguese Republic to trade with the OCT shall be dismantled in accordance with the timetable indicated:(a)  the 0,4 % ad valorem charge applied:- to goods imported temporarily,- to reimported goods (other than containers),- to goods imported under inward processing arrangements allowing drawback of duties paid on the import goods following export of the products obtained,shall be:- reduced to 0,2 % on 1 January 1987, and- abolished on 1 January 1988;b)  the 0,9 ad valorem charge applied to goods imported for home use shall be:- reduced to 0,6 % on 1 January 1989,- reduced to 0,3 % on 1 January 1990, and- abolished on 1 January 1991.Article 151.  As of 1 March 1986, the Portuguese Republic shall abolish customs duties of a fiscal nature or the fiscal component of customs duties existing at that date on imports from the OCT.2.  In the case of the products listed in Annex XII, the customs duties of a fiscal nature or fiscal component of customs duties applied by the Portuguese Republic shall be eliminated in accordance with the timetable laid down in Article 11 (2).3.  Should the Portuguese Republic use the option open to it under Article 196 (3) of the Act of Accession of replacing a customs duty of a fiscal nature or fiscal component of a customs duty by an internal charge, such component as is not covered by that internal charge shall represent the basic duty to which the successive reductions shall be applied. It shall be dismantled in trade with the OCT in accordance with the timetable laid down in Article 11 (2).Article 16Until 31 December 1987, the Portuguese Republic shall retain quantitative restrictions on imports from the OCT of motor vehicles subject to the special arrangements agreed between the Community and the Portuguese Republic in accordance with Protocol N  18 to the Act of Accession.Article 17For the products covered by Regulation (EEC) N  3033/80 and originating in the OCT, the Portuguese Republic:- as from 1 March 1986, shall dismantle the customs duty constituting the fixed component of the charge in accordance with the timetable indicated in Article 11 (2), starting from the basic duty indicated in Annex XIII,- in respect of the variable component of the charge, shall apply the preferential rates provided for in the Agreement as from the date in the first year of the second stage of the transitional arrangements on which the second-stage rules come into force in respect of the commodities whose marketing year starts the latest.Section IIProducts listed in Annex II to the Treaty establishing the European Economic CommunityArticle 181.  For products listed in Annex II to the Treaty establishing the European Economic Community, starting on 1 March 1986 and subject to the special provisions laid down below, the Portuguese Republic shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable:- on 1 March 1986 the difference shall be reduced to 90,9 % of the initial difference,- on 1 January 1987 the difference shall be reduced to 81,8 % of the initial difference,- on 1 January 1988 the difference shall be reduced to 72,7 % of the initial difference,- on 1 January 1989 the difference shall be reduced to 63,6 % of the initial difference,- on 1 January 1990 the difference shall be reduced to 54,5 % of the initial difference,- on 1 January 1991 the difference shall be reduced to 45,4 % of the initial difference,- on 1 January 1992 the difference shall be reduced to 36,3 % of the initial difference,- on 1 January 1993 the difference shall be reduced to 27,2 % of the initial difference,- on 1 January 1994 the difference shall be reduced to 18,1 % of the initial difference,- on 1 January 1995 the difference shall be reduced to 9,0 % of the initial difference.The Portuguese Republic shall apply the preferential rates in full as from 1 January 1996.2.  The Portuguese Republic shall postpone implementation of the preferential arrangements for olive oil, oil seeds and oleaginous fruits falling within Regulation N  136/66/EEC, and for products derived therefrom, until 31 December 1990.3.  The Portuguese Republic shall postpone implementation of the preferential arrangements for products covered by the following Regulations until the beginning of the second stage as defined in Article 260 of the Act of Accession:- Regulation (EEC) N  804/68 on the common organization of the market in milk and milk products,- Regulation (EEC) N  805/68 on the common organization of the market in beef and veal,- Regulation (EEC) N  1035/72 on the common organization of the market in fruit and vegetables,- Regulation (EEC) N  2727/75 on the common organization of the market in cereals,- Regulation (EEC) N  2759/75 on the common organization of the market in pigmeat,- Regulation (EEC) N  2771/75 on the common organization of the market in eggs,- Regulation (EEC) N  2777/75 on the common organization of the market in poultrymeat,- Regulation (EEC) N  1418/76 on the common organization of the market in rice,- Regulation (EEC) N  337/79 on the common organization of the market in wine.Glucose and lactose falling within Regulation (EEC) N  2730/75 and ovalbumin falling within Regulation (EEC) N  2783/75 shall be subject to the transitional arrangements applying to the corresponding agricultural products.4.  Starting on 1 March 1986, the Portuguese Republic shall apply to fishery products falling within headings or subheadings 03.01, 03.02, 03.03, 05.15 A, 16.04, 16.05 and 23.01 B of the Common Customs Tariff a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable:- on 1 March 1986 the difference shall be reduced to 87,5 % of the initial difference,- on 1 January 1987 the difference shall be reduced to 75,0 % of the initial difference,- on 1 January 1988 the difference shall be reduced to 62,5 % of the initial difference,- on 1 January 1989 the difference shall be reduced to 50,0 % of the initial difference,- on 1 January 1990 the difference shall be reduced to 37,5 % of the initial difference,- on 1 January 1991 the difference shall be reduced to 25,0 % of the initial difference,- on 1 January 1992 the difference shall be reduced to 12,5 % of the initial difference.The Portuguese Republic shall apply the preferential rates in full as from 1 January 1993.However, for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff, starting on 1 March 1986 the Portuguese Republic shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the timetable laid down in paragraph 1.5.  For the purposes of paragraphs 1 and 4 the basic duty shall be that defined in Article 12 (1).Article 19The Portuguese Republic shall postpone until the beginning of the second stage as defined in Article 260 of the Act of Accession the application of the non-tariff benefits, and in particular the levy reductions, accorded by the Community to products originating in the OCT.Article 201. Until 31 December 1992, the Portuguese Republic may apply quantitative restrictions to imports of the products listed in Annex XIV originating in the OCT.2.  Until 31 December 1995, the Portuguese Republic may retain quantitative restrictions for imports of the products listed in Annex XV and originating in the OCT.3.  Until 31 December 1990, the Portuguese Republic shall apply quantitative restrictions to imports originating in the OCT of oil seeds, oleaginous fruits, flour from which the oil has not been extracted and all vegetable oils other than olive oil, intended for human consumption on the Portuguese domestic market.4.  Until 31 December 1992, the Portuguese Republic may retain quantitative restrictions for the products listed in Annex XVI and originating in the OCT.5.  The Commission shall determine the rules for implementation of the measures referred to in paragraphs 1 to 4 in accordance with the arrangements established by the Council.Article 21In the case of products which are not subject on 1 March 1986 to a common organization of the market, the preferential arrangements concerning the elimination ofcharges having equivalent effect to customs duties and theabolition of quantitative restrictions and measures having equivalent effect shall not apply to such charges, restrictions or measures where they form an integral part of a national organization of the market in Portugal at the time of accession.These provisions shall apply only until a common organization of the market is established for such products or until 31 December 1995, whichever is the earlier, and only in so far as is strictly necessary to ensure the functioning of the national organization.ANNEX I List provided for in Article 1 (1) >TABLE>ANNEX II List provided for in Article 4 (1), first indent >TABLE>ANNEX III List provided for in Article 4 (1), second indent >TABLE>ANNEX IV List provided for in Article 4 (2) second indent >TABLE>ANNEXE V List provided for in Article 5 >TABLE>ANNEX VI List provided for in Article 8 (1) (a) >TABLE>ANNEX VII List provided for in Article 8 (1) (b) >TABLE>ANNEX VIII List provided for in Article 8 (3) >TABLE>ANNEX IX List provided for in Article 10 (4) >TABLE>ANNEX X List provided for in Article 11 (2) A. Sensitive products vis-à-vis the Community, as presently constituted >TABLE>B. Products considered sensitive vis-à-vis OCT >TABLE>ANNEX XI List provided for in Article 12 (2) >TABLE>ANNEX XII List provided for in Article 15 (2) >TABLE>ANNEX XIIIList provided for in Article 17 >TABLE>ANNEX XIV >TABLE>ANNEX XV List provided for in Article 20 (2) >TABLE>ANNEX XVI List provided for in Article 20 (4) >TABLE>


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31985D0568

85/568/EEC: Council Decision of 20 December 1985 amending, on account of the accession of Spain and Portugal, Decision 83/516/EEC on the tasks of the European Social Fund

Official Journal L 370 , 31/12/1985 P. 0040 - 0040 Finnish special edition: Chapter 5 Volume 4 P. 0072  Spanish special edition: Chapter 05 Volume 5 P. 0024  Swedish special edition: Chapter 5 Volume 4 P. 0072  Portuguese special edition Chapter 05 Volume 5 P. 0024

*****COUNCIL  DECISION  of 20 December 1985  amending, on account of the accession of Spain and Portugal, Decision 83/516/EEC on the tasks of the European Social Fund  (85/568/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 126 thereof,  Having regard to the draft Decision submitted by the Commission,  Having regard to the opinion of the European Parliament,  Having regard to the opinion of the Economic and Social Committee,  Whereas Article 7 (3) of Decision 83/516/EEC (1) provides that of the overall appropriations available for operations referred to in Article 3 (1) of the Decision 40 % shall be available for operations to further employment in the French overseas departments, Greece, Greenland, Ireland, the Mezzogiorno and Northern Ireland; whereas the reference to Greenland has become null and void as a result of Greenland's withdrawal from the Community;  Whereas, on account of the accession of Spain and Portugal, Community regulations should be amended in particular in accordance with the declaration by the European Economic Community on the participation of Spain and Portugal in the benefits derived from the resources of the European Social Fund, as annexed to the Final Act of the Treaty of Accession;  Whereas, with reference to Article 7 (3) of Decision 83/516/EEC, it is necessary to define the regions of Spain and Portugal which are particularly disadvantaged economically and socially, where operations to promote employment benefit from an allocation of appropriations available for operations under Article 3 (1) of the said Decision;  Whereas the percentage of this allocation should be increased in order to create a new financial balance between operations to promote employment in particularly disadvantaged regions on the one hand and those in other regions of high and long-term unemployment and/or industrial and sectoral restructuring on the other,  HAS DECIDED AS FOLLOWS:  Article 1  Article 7 (3) of Decision 83/516/EEC shall be replaced by the following:  '3. From 1 January 1986 to 31 December 1988, 44,5 % of appropriations available for operations under Article 3 (1) shall be reserved for operations which are eligible and which conform to the Guidelines for the Management of the Fund aimed at promoting employment in Greece, the autonomous regions of Andalucia, the Canary Islands, Castilla-Leon, Castilla-La-Mancha, Extremadura, Galicia, Murcia Ceuta and Melilla, the French overseas departments, Ireland, the Mezzogiorno, Portugal and Northern-Ireland. The remaining appropriations shall be concentrated on operations to promote employment in other areas of high and long-term unemployment and/or industrial and sectoral restructuring.'.  Article 2  This decision shall enter into force on 1 January 1986, subject to the entry into force of the Treaty of Accession of Spain and Portugal.  Done at Brussels, 20 December 1985.  For the Council  The President  R. KRIEPS  (1) OJ No L 289, 22. 10. 1983, p. 38.


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31991D0309

91/309/EEC: Council Decision of 10 June 1991 on the conclusion of an Agreement in the form of an exchange of notes on the further extension of, and amendments to, the Agreement between the Government of the United States of America and the European Economic Community concerning fisheries off the coasts of the United States

Official Journal L 166 , 28/06/1991 P. 0084

COUNCIL DECISION  of 10 June 1991  on the conclusion of an Agreement in the form of an exchange of notes on the further extension of, and amendments to, the Agreement between the Government of the United States of America and the European Economic  Community concerning fisheries off the coasts of the United States  (91/309/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the Government of the United States of America and the European Economic Community concerning fisheries off the coasts of the United States (1), as extended and amended by the Agreement in the form of an exchange  of notes adopted by Decision 89/167/EEC (2), and in particular Articles XIV and XIX (1) thereof,  Having regard to the proposal from the Commission,  Whereas the Community and the Government of the United States have conducted consultations as provided for in Article XIV of the Agreement on the further extension of, and amendments to, the Agreement, which expires on 1 July 1991;  Whereas both parties agreed to amend further and extend the Agreement for a period of two and a half years; whereas that agreement should be approved, in the form of an exchange of notes to that effect,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of notes on the further extension of, and amendments to, the Agreement between the Government of the United States of America and the European Economic Community concerning fisheries off the coasts of  the United States is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement and to initiate the exchange of notes concerning its entry into force. Done at Luxembourg, 10 June 1991. For the Council  The President  J.-C. JUNCKER  (1) OJ No L 272, 13. 10. 1984, p. 3. (2) OJ No L 63, 7. 3. 1989, p. 22.


title: 2005/704/EC: Commission Decision of 11 October 2005 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain magnesia bricks originating in the People’s Republic of China

text:
               12.10.2005

               EN

               Official Journal of the European Union

               L 267/27

      COMMISSION DECISION

   of 11 October 2005
   accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain magnesia bricks originating in the People’s Republic of China
   (2005/704/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 8 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               By Regulation (EC) No 552/2005 (2), the Commission imposed provisional anti-dumping duties on imports into the Community of certain magnesia bricks originating in the People’s Republic of China (PRC).

               (2)

               Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1659/2005 (3) imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain magnesia bricks originating in the PRC.

               (3)

               The investigation confirmed the provisional findings of injurious dumping relating to imports of certain magnesia bricks originating in the PRC.

         B.   UNDERTAKING

               (4)

               Subsequent to the adoption of provisional anti-dumping measures, Yingkou Qinghua Refractories Co. Ltd, a co-operating exporting producer in the PRC offered a price undertaking combined with a quantitative ceiling in accordance with Article 8(1) of the basic Regulation. In that undertaking, the company has offered to sell the product concerned within the quantitative ceiling at or above price levels which eliminate the injurious effects of dumping. Imports beyond the quantitative ceiling will be subject to anti-dumping duties.

               (5)

               The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of the company is such that the Commission considers the risk of circumventing the agreed undertaking is limited.

               (6)

               In view of this, it is considered that the undertaking is acceptable.

               (7)

               In order to enable the Commission to monitor effectively the company’s compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex to Regulation (EC) No 1659/2005. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate amount of anti-dumping duty will instead be payable.

               (8)

               To further ensure the effective respect of the undertaking, the importers have been made aware by the abovementioned Council Regulation that any violation of the undertaking may lead to the retrospective application of the anti-dumping duty for the relevant transactions.

               (9)

               In the event of a breach or withdrawal of the undertaking, the anti-dumping duty which has been imposed by the Council in accordance with Article 9(4) shall automatically apply by means of Article 8(9) of the basic Regulation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking offered by the exporting producer mentioned below, in connection with the anti-dumping proceeding concerning imports of certain magnesia bricks originating in the People’s Republic of China is hereby accepted.

               Country

               Company

               Taric Additional Code

               Peoples Republic of China

               Yingkou Qinghua Refractories Co. Ltd, Qinghuayu Village, Qinghua District, Dashiqiao City, Liaoning Province, 115100, PRC

               A636

         Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 11 October 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ L 93, 12.4.2005, p. 6.

      (3)  See page 1 of this Official Journal.


title: 2006/466/EC: Council Decision of  5 May 2006  on the signing and provisional application of the Agreement between the European Community and New Zealand on certain aspects of air services

text:
               6.7.2006

               EN

               Official Journal of the European Union

               L 184/25

         COUNCIL DECISION
   of 5 May 2006
   on the signing and provisional application of the Agreement between the European Community and New Zealand on certain aspects of air services
   (2006/466/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with New Zealand on certain aspects of air services hereinafter referred to as ‘the Agreement’ in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement should be signed and provisionally applied, subject to its possible conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and New Zealand on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.

      Done at Brussels, 5 May 2006.

            For the Council

            The President

         K.-H. GRASSER

    ---documentbreak---

               6.7.2006

               EN

               Official Journal of the European Union

               L 184/26

         AGREEMENT
   between the European Community and New Zealand on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   NEW ZEALAND,
   of the other part,
   (hereinafter referred to as the Contracting Parties)
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and New Zealand containing provisions that have been found contrary to Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between that Member State and third countries,
   HAVING REGARD to the agreements between the European Community and specified third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that provisions of the bilateral air service agreements between Member States of the European Community and New Zealand, which have been found contrary to European Community law, must be brought into full conformity with it in order to establish a sound legal basis for air services between the European Community and New Zealand and to preserve the continuity of such air services,
   NOTING that it is not a purpose of the European Community in this Agreement to increase the total volume of air traffic between the European Community and New Zealand, to affect the balance between Community air carriers and air carriers of New Zealand, or to amend the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community; ‘Contracting Party’ shall mean a contracting party to this Agreement; ‘party’ shall mean the contracting party to the relevant bilateral air services agreement; ‘air carrier’ shall also mean airline; ‘territory of the European Community’ shall mean territories of the Member States to which the Treaty establishing the European Community applies.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation, authorisation and revocation
   1.   The provisions in paragraphs 3 and 4 of this Article shall prevail over the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by New Zealand, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   The provisions in paragraph 3 and 4 of this Article shall prevail over the corresponding provisions in the Articles listed in Annex II(a) and (b) to this Agreement respectively, in relation to the designation of air carriers by New Zealand, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   3.   On receipt of such a designation, and of applications from the designated air carrier(s), in the form and manner prescribed for operating authorisations and technical permissions, the other party shall, subject to paragraphs 4 and 5 grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (a)

               in the case of an air carrier designated by a Member State:

                           (i)

                           the air carrier, is established, under the Treaty establishing the European Community; in the territory of the designating Member State and has a valid Operating Licence from a Member State in accordance with European Community law; and

                           (ii)

                           effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the designation; and

                           (iii)

                           the air carrier has its principal place of business in the territory of the Member State from which it has received the operating licence; and

                           (iv)

                           the air carrier is owned directly or through majority ownership and effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

               (b)

               in the case of an air carrier designated by New Zealand:

                           (i)

                           New Zealand has and maintains effective regulatory control of the air carrier; and

                           (ii)

                           it has its principal place of business and place of incorporation in New Zealand.

         4.   Either party may refuse, revoke, suspend or limit the operating authorisation or technical permissions of an air carrier designated by the other party where:

               (a)

               in the case of an air carrier designated by a Member State:

                           (i)

                           the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence from a Member State in accordance with European Community law; or

                           (ii)

                           effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator's Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

                           (iii)

                           the air carrier does not have its principal place of business in the territory of the Member State from which it has received the Operating Licence; or

                           (iv)

                           the air carrier is not owned and effectively controlled directly or through majority ownership by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States; or

                           (v)

                           the air carrier is already authorised to operate under a bilateral agreement between New Zealand and another Member State and New Zealand can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement; or

                           (vi)

                           the air carrier designated holds an Air Operator's Certificate issued by a Member State and there is no bilateral air services agreement between New Zealand and that Member State and that Member State has denied traffic rights to the air carrier designated by New Zealand;

               (b)

               in the case of an air carrier designated by New Zealand:

                           (i)

                           New Zealand is not maintaining effective regulatory control of the air carrier; or

                           (ii)

                           it does not have its principal place of business and place of incorporation in New Zealand.

         5.   In exercising its right under paragraph 4, and without prejudice to its rights under paragraph 4(a)(v) and (vi) of this Article, New Zealand shall not discriminate between air carriers of Member States on the grounds of nationality.
   Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of New Zealand under the safety provisions of the agreement between the Member State that has designated the air carrier and New Zealand shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent Member States or New Zealand from imposing on a non-discriminatory basis taxes, levies, duties, fees or charges on fuel supplied in their respective territories for use in an aircraft of a designated air carrier of a Member State or New Zealand that operates between two points within the respective territories of the Contracting Parties.
   Article 5
   Tariffs
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by New Zealand under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law. European Community law is applied on a non-discriminatory basis.
   3.   The tariffs to be charged by the air carriers designated by Member States under an Agreement listed in Annex 1 containing a provision listed in Annex II(e) for carriage wholly within New Zealand shall be subject to New Zealand law. New Zealand law is applied on a non discriminatory basis.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Contracting Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 8
   Entry into force
   1.   This Agreement shall enter into force when the Contracting Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Contracting Parties agree to apply this Agreement provisionally from the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and New Zealand which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.

         Done at Brussels in duplicate, on this twenty-first day of June in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, and Swedish languages. In the case of divergence the English text shall prevail over the other language texts.

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

         Por Nueva Zelanda
         Za Nový Zéland
         For New Zealand
         Für Neuseeland
         Uus-Meremaa nimel
         Για τη Νέα Ζηλανδíα
         For New Zealand
         Pour la Nouvelle-Zélande
         Per la Nuova Zelanda
         Jaunzēlandes vārdā
         Naujosios Zelandijos vardu
         Új-Zéland részéről
         Għan-New Zealand
         Voor Nieuw-Zeeland
         W imieniu Nowej Zelandii
         Pela Nova Zelândia
         Za Nový Zéland
         Za Novo Zelandijo
         Uuden-Seelannin puolesta
         För Nya Zeeland

   ANNEX I
   List of Agreements referred to in Article 1 of this Agreement

               (a)

               Air services agreements between New Zealand and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                           —

                           Air Transport Agreement between the Austrian Federal Government and the Government of New Zealand done at Vienna on 14 March 2002; (hereinafter referred to as New Zealand-Austria Agreement),

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of New Zealand relating to Air services done at Wellington on 4 June 1999; (hereinafter referred to as New Zealand-Belgium Agreement),

                           —

                           Air Services Agreement between the Kingdom of Denmark and New Zealand done at Wellington on 7 February 2001; (hereinafter referred to as New Zealand-Denmark Agreement, supplemented by the Agreement on the Cooperation between the Scandinavian Countries regarding Scandinavian Airlines System (SAS), signed at Wellington on 7 February 2001),

                           —

                           Agreement between the Government of the French Republic and the Government of New Zealand relating to Air Services done at Paris on 9 November 1967; (hereinafter referred to as New Zealand-France Agreement, last modified by Exchange of Notes both dated 9 August 1971),

                           —

                           Air Transport Agreement between the Federal Republic of Germany and New Zealand signed at Bonn on 2 November 1987 as amended; (hereinafter referred to as New Zealand-Germany Agreement),

                           —

                           Air Services Agreement between the Government of Ireland and the Government of New Zealand done at Dublin on 27 May 1999 (hereinafter referred to as New Zealand-Ireland Agreement),

                           —

                           Agreement between the Government of New Zealand and the Government of the Italian Republic concerning Air Services signed at Rome in September 2001; (hereinafter referred to as New Zealand-Italy Agreement),

                           —

                           Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of New Zealand on Air Services; done at Wellington on 2 November 1992 (hereinafter referred to as New Zealand-Luxembourg Agreement),

                           —

                           Draft Agreement between the Government of New Zealand and the Government of the Kingdom of the Netherlands for Air Services between and beyond their respective territories as annexed to the Memorandum of Understanding signed at the Hague on 11 May 1999; (hereinafter referred to as Draft New Zealand-Netherlands Agreement),

                           —

                           Air Transport Agreement between the Kingdom of Spain and New Zealand done at Madrid on 6 May 2002; (hereinafter referred to as New Zealand-Spain Agreement),

                           —

                           Air Services Agreement between the Kingdom of Sweden and New Zealand; done at Wellington on 7 February 2001; (hereinafter referred to as New Zealand-Sweden Agreement, supplemented by the Agreement on the Cooperation between the Scandinavian Countries regarding Scandinavian Airlines System (SAS), signed at Wellington on 7 February 2001).

               (b)

               Air services agreements and other arrangements initialled or signed between New Zealand and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.

         ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the New Zealand-Austria Agreement,

                           —

                           Article 4 of the New Zealand-Belgium Agreement,

                           —

                           Article 3 of the New Zealand-Denmark Agreement,

                           —

                           Article 3 of the New Zealand-Germany Agreement (1),

                           —

                           Article 3 of the New Zealand-Ireland Agreement (1),

                           —

                           Article 4 of the New Zealand-Italy Agreement (1),

                           —

                           Article 3 of the New Zealand-Luxembourg Agreement (1),

                           —

                           Article 4 of the Draft New Zealand-Netherlands Agreement (1),

                           —

                           Article 3 of the New Zealand-Spain Agreement,

                           —

                           Article 3 of the New Zealand-Sweden Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisation or permissions:

                           —

                           Article 4 of the New Zealand-Austria Agreement,

                           —

                           Article 5 of the New Zealand-Belgium Agreement,

                           —

                           Article 4 of the New Zealand-Denmark Agreement,

                           —

                           Article 8 of the New Zealand-France Agreement (1),

                           —

                           Article 4 of the New Zealand-Germany Agreement (1),

                           —

                           Article 4 of the New Zealand-Ireland Agreement (1),

                           —

                           Article 5 of the New Zealand-Italy Agreement (1),

                           —

                           Article 4 of the New Zealand-Luxembourg Agreement (1),

                           —

                           Article 5 of the Draft New Zealand-Netherlands Agreement (1),

                           —

                           Article 4 of the New Zealand-Spain Agreement,

                           —

                           Article 4 of the New Zealand-Sweden Agreement.

               (c)

               Regulatory control:

                           —

                           Article 6 of the New-Zealand-Austria Agreement,

                           —

                           Article 7 of the New Zealand-Belgium Agreement,

                           —

                           Article 13 of the New Zealand-Denmark Agreement,

                           —

                           Article 11a of the New Zealand-Germany Agreement,

                           —

                           Article 6 of the New Zealand-Ireland Agreement,

                           —

                           Article 11 of the New Zealand-Italy Agreement,

                           —

                           Article 6 of the New Zealand-Luxembourg Agreement,

                           —

                           Article 12 of the Draft New Zealand-Netherlands Agreement,

                           —

                           Article 11 of the New Zealand-Spain Agreement,

                           —

                           Article 13 of the New Zealand-Sweden Agreement.

               (d)

               Taxation of aviation fuel:

                           —

                           Article 7 of the New Zealand-Austria Agreement,

                           —

                           Article 10 of the New Zealand-Belgium Agreement,

                           —

                           Article 5 of the New Zealand-Denmark Agreement,

                           —

                           Article 6 of the New Zealand-France Agreement,

                           —

                           Article 6 of the New Zealand-Germany Agreement,

                           —

                           Article 9 of the New Zealand-Ireland Agreement,

                           —

                           Article 6 of the New Zealand-Italy Agreement,

                           —

                           Article 8 of the New Zealand-Luxembourg Agreement,

                           —

                           Article 10 of the Draft New Zealand-Netherlands Agreement,

                           —

                           Article 5 of the New Zealand-Spain Agreement,

                           —

                           Article 5 of the New Zealand-Sweden Agreement.

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 11 of the New Zealand-Austria Agreement,

                           —

                           Article 13 of the New Zealand-Belgium Agreement,

                           —

                           Article 9 of the New Zealand-Denmark Agreement,

                           —

                           Article 10 of the New Zealand-France Agreement,

                           —

                           Article 10 of the New Zealand-Germany Agreement,

                           —

                           Article 12 of the New Zealand–Ireland Agreement,

                           —

                           Article 8 of the New Zealand-Italy Agreement,

                           —

                           Article 10 of the New Zealand-Luxembourg Agreement,

                           —

                           Article 6 of the Draft New Zealand-Netherlands Agreement,

                           —

                           Article 7 of the New Zealand-Spain Agreement,

                           —

                           Article 9 of the New Zealand-Sweden Agreement.

      (1)  Article 2(2) of this Agreement does not apply to these provisions.
   ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: Council Decision (EU) 2016/1099 of 5 July 2016 on the financial contributions to be paid by Member States to finance the European Development Fund, including the second instalment for 2016

text:
               7.7.2016

               EN

               Official Journal of the European Union

               L 182/44

         COUNCIL DECISION (EU) 2016/1099
   of 5 July 2016
   on the financial contributions to be paid by Member States to finance the European Development Fund, including the second instalment for 2016
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as last amended (‘ACP-EU Partnership Agreement’),
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (2) (‘the Internal Agreement’) and in particular Article 7 thereof,
   Having regard to the Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (3) (‘the 11th EDF Financial Regulation’), and in particular Article 21(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with the procedure laid down in Articles 21 to 24 of the 11th EDF Financial Regulation, the Commission is to present a proposal by 15 June 2016 specifying (a) the amount of the second instalment of the contribution for 2016, (b) a revised annual amount of the contribution for 2016, in cases where the amount deviates from actual needs.

               (2)

               In accordance with Article 52 of the 11th EDF Financial Regulation, the European Investment Bank sent on 28 April 2016 to the Commission its updated estimates of commitments and payments under the instruments it manages.

               (3)

               Article 22(1) of the 11th EDF Financial Regulation provides that calls for contributions first use up the amounts provided for in previous European Development Funds (EDFs). Therefore a call for funds under the 10th EDF should be made.

               (4)

               The Council has adopted on the 24 November 2015, on a proposal by the Commission, the Decision to set the ceiling for the annual amount of the Member States' EDF contributions for 2016 at EUR 3 450 000 000 for the Commission, and at EUR 150 000 000 for the European Investment Bank.

               (5)

               By means of Council Decision 2013/759/EU (4), the Council has adopted the creation of the Bridging Facility on 12 December 2013 regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund,

         HAS ADOPTED THIS DECISION:
   Article 1
   The individual European Development Fund contributions to be paid by the Member States to the European Commission and the European Investment Bank as the second instalment for 2016 are set out in the table in the Annex to this Decision.
   Payments of those contributions may be combined with adjustments under the implementation of the deduction of the funds committed under the Bridging Facility, following an adjustment plan communicated by each Member State to the Commission at the adoption of the third instalment 2015.
   Article 2
   This Decision shall take enter into force on the date of its adoption.

      Done at Brussels, 5 July 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 210, 6.8.2013, p. 1.

      (3)  OJ L 58, 3.3.2015, p. 17.

      (4)  Council Decision 2013/759/EU of 12 December 2013 regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund (OJ L 335, 14.12.2013, p. 48).

      ANNEX

                  MEMBER STATES

                  Key 10th EDF %

                  Second instalment 2016 (EUR)

                  paid to EIB 10th EDF

                  paid to Commission 10th EDF

                  Total

                  BELGIUM

                  3,53

                  3 530 000,00

                  35 300 000,00

                  38 830 000,00

                  BULGARIA

                  0,14

                  140 000,00

                  1 400 000,00

                  1 540 000,00

                  CZECH REPUBLIC

                  0,51

                  510 000,00

                  5 100 000,00

                  5 610 000,00

                  DENMARK

                  2,00

                  2 000 000,00

                  20 000 000,00

                  22 000 000,00

                  GERMANY

                  20,50

                  20 500 000,00

                  205 000 000,00

                  225 500 000,00

                  ESTONIA

                  0,05

                  50 000,00

                  500 000,00

                  550 000,00

                  IRELAND

                  0,91

                  910 000,00

                  9 100 000,00

                  10 010 000,00

                  GREECE

                  1,47

                  1 470 000,00

                  14 700 000,00

                  16 170 000,00

                  SPAIN

                  7,85

                  7 850 000,00

                  78 500 000,00

                  86 350 000,00

                  FRANCE

                  19,55

                  19 550 000,00

                  195 500 000,00

                  215 050 000,00

                  ITALY

                  12,86

                  12 860 000,00

                  128 600 000,00

                  141 460 000,00

                  CYPRUS

                  0,09

                  90 000,00

                  900 000,00

                  990 000,00

                  LATVIA

                  0,07

                  70 000,00

                  700 000,00

                  770 000,00

                  LITHUANIA

                  0,12

                  120 000,00

                  1 200 000,00

                  1 320 000,00

                  LUXEMBOURG

                  0,27

                  270 000,00

                  2 700 000,00

                  2 970 000,00

                  HUNGARY

                  0,55

                  550 000,00

                  5 500 000,00

                  6 050 000,00

                  MALTA

                  0,03

                  30 000,00

                  300 000,00

                  330 000,00

                  NETHERLANDS

                  4,85

                  4 850 000,00

                  48 500 000,00

                  53 350 000,00

                  AUSTRIA

                  2,41

                  2 410 000,00

                  24 100 000,00

                  26 510 000,00

                  POLAND

                  1,30

                  1 300 000,00

                  13 000 000,00

                  14 300 000,00

                  PORTUGAL

                  1,15

                  1 150 000,00

                  11 500 000,00

                  12 650 000,00

                  ROMANIA

                  0,37

                  370 000,00

                  3 700 000,00

                  4 070 000,00

                  SLOVENIA

                  0,18

                  180 000,00

                  1 800 000,00

                  1 980 000,00

                  SLOVAKIA

                  0,21

                  210 000,00

                  2 100 000,00

                  2 310 000,00

                  FINLAND

                  1,47

                  1 470 000,00

                  14 700 000,00

                  16 170 000,00

                  SWEDEN

                  2,74

                  2 740 000,00

                  27 400 000,00

                  30 140 000,00

                  UNITED KINGDOM

                  14,82

                  14 820 000,00

                  148 200 000,00

                  163 020 000,00

                  TOTAL EU-27

                  100,00

                  100 000 000,00

                  1 000 000 000,00

                  1 100 000 000,00


title: 2011/533/EU: Decision of the Representatives of the Governments of the Member States of 8 September 2011 appointing a judge to the General Court

text:
               10.9.2011

               EN

               Official Journal of the European Union

               L 234/43

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 8 September 2011
   appointing a judge to the General Court
   (2011/533/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,
   Whereas:

               (1)

               Pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice of the European Union and following the resignation of Mr Theodore CHIPEV, a judge should be appointed to the General Court for the remainder of Mr Theodore CHIPEV’s term of office, which runs until 31 August 2013.

               (2)

               Ms Mariyana KANCHEVA has been proposed for the vacant post.

               (3)

               The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on Ms Mariyana KANCHEVA’s suitability to perform the duties of Judge of the General Court,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Ms Mariyana KANCHEVA is hereby appointed Judge to the General Court for the period from 12 September 2011 to 31 August 2013.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 8 September 2011.

            The President

         J. TOMBIŃSKI


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32003D0588

2003/588/EC: Council Decision of 21 July 2003 on the fulfilment of the conditions laid down in Article 3 of Decision No 3/2002 of the EU-Poland Association Council of 23 October 2002 extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community (ECSC) products to the Europe Agreement

Official Journal L 199 , 07/08/2003 P. 0017 - 0018

Council Decisionof 21 July 2003on the fulfilment of the conditions laid down in Article 3 of Decision No 3/2002 of the EU-Poland Association Council of 23 October 2002 extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community (ECSC) products to the Europe Agreement(2003/588/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 87(3)(e) thereof,Having regard to EU-Poland Association Council Decision No 3/2002 extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community (ECSC) products to the Europe Agreement, and in particular Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) A Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part(1), was signed on 16 December 1991.(2) Article 8(4) of Protocol 2 to the above Europe Agreement lays down that during the first five years after entry into force of the Agreement, and by derogation from paragraph 1(iii) of the same Article, Poland may exceptionally, as regards steel products, grant public aid for restructuring purposes, provided that this leads to the viability of the benefiting firms under normal market conditions at the end of the restructuring period, that the amount and intensity of such aid are strictly limited to what is absolutely necessary in order to restore viability and that the aid is progressively reduced, and that the restructuring programme is linked to a global rationalisation and reduction of overall production capacity in Poland.(3) The initial period of five years expired on 31 December 1996.(4) Poland requested an extension of the abovementioned period in April 1997.(5) It is appropriate to grant an extension of this period for an additional period of eight years starting on 1 January 1997 or until the date of Poland's accession to the European Union, whichever comes first.(6) To this effect, on 23 October 2002, the EU-Poland Association Council adopted Decision No 3/2002 and it is provisionally applied from that date.(7) Article 1 of EU-Poland Association Council Decision No 3/2002 granted an extension of the abovementioned period, subject to the fulfilment of conditions laid out in Articles 2 and 3.(8) Under Article 2 of EU-Poland Association Council Decision No 3/2002 the extension of the abovementioned period is made conditional on the submission by Poland to the Commission of a restructuring programme and business plans for all companies included in the restructuring process which meet the requirements of Article 8(4) of Protocol 2 to the Europe Agreement and have been assessed and agreed by its national State aid monitoring authority (the Office for Competition and Consumer Protection).(9) Protocol 8 on the restructuring of the Polish steel industry, annexed to the Treaty of 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 provides that State aid granted by Poland for restructuring purposes to specified parts of the Polish steel industry shall, under certain conditions, be deemed to be compatible with the common market; the first of those conditions is that the period provided for in Article 8(4) of Protocol 2 on ECSC products to the Europe Agreement has been extended until the date of accession. Paragraph 5 of the said Protocol 8 provides that any subsequent privatisation of any of the benefiting companies is to take place under the same conditions. Paragraph 6 of the said Protocol 8 provides that the restructuring aid granted to the benefiting companies is to be determined by the justifications set out in the approved Polish steel restructuring plan and individual plans as approved by the Council and is not to exceed PLN 3387070000. Paragraph 7 of the said Protocol sets out the minimum net capacity reductions to be achieved. Paragraphs 8 and 9 of the said Protocol provide for the implementation of business plans by the benefiting companies.(10) In April 2003, Poland submitted to the Commission a restructuring programme and business plans which have been assessed and agreed by the Office for Competition and Consumer Protection. Under Article 3 of EU-Poland Association Council Decision No 3/2002, the extension of the abovementioned period is made conditional on a final assessment of the restructuring programme and business plans by the Commission.(11) The Commission has made a final assessment of the restructuring programme and business plans submitted by Poland.(12) The assessment indicates that restructuring aid is necessary to return certain companies in the Polish steel industry to viability.(13) The assessment confirms that implementation of the restructuring programme and business plans will lead to the viability of the companies under normal market conditions by the end of the restructuring period, that the amount and intensity of aid should be strictly limited to what is absolutely necessary in order to reach this objective, that restructuring aid to the Polish steel industry should cease by the end of 2003, that the restructuring programme should be linked to a global rationalisation and reduction of overall production capacity in Poland and that the programme respects all the commitments agreed to in the Accession negotiations.(14) The assessment therefore concludes that the restructuring programme and business plans submitted by Poland meet the requirements of Article 8(4) of Protocol 2 to the Europe Agreement and, at this stage, the conditions laid down in Protocol 8 to the Treaty of Accession.(15) The conditions laid down in Articles 2 and 3 of EU-Poland Association Council Decision No 3/2002 are accordingly met,HAS DECIDED AS FOLLOWS:Sole ArticleThe restructuring programme and business plans submitted to the Commission by Poland on 4 April 2003 pursuant to Article 2 of EU-Poland Association Council Decision No 3/2002, with regard to an extension of the period laid down in Article 8(4) of Protocol 2 to the Europe Agreement are in compliance with the requirements of Article 8(4) of the said Protocol 2.Done at Brussels, 21 July 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 348, 31.12.1993, p. 2.


title: Decision (EU) 2015/1679 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/318

      DECISION (EU) 2015/1679 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2013, together with the Agency's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (5), and in particular Article 14 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A8-0076/2015),

         1.

            Grants the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 340.

         (2)  See footnote 1.

         (3)  OJ L 248, 16.9.2002, p. 1.

         (4)  OJ L 298, 26.10.2012, p. 1.

         (5)  OJ L 216, 20.8.1994, p. 1.

         (6)  OJ L 357, 31.12.2002, p. 72.

         (7)  OJ L 328, 7.12.2013, p. 42.


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32004D0441

2004/441/EC: Council Decision of 26 April 2004 concerning the conclusion of the Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part

Official Journal L 127 , 29/04/2004 P. 0109 - 0109

Council Decisionof 26 April 2004concerning the conclusion of the Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part(2004/441/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular its Article 310 in connection with the second phrase of Article 300(2) and the second subparagraph of paragraph 3,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament(1),Whereas:(1) The Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, signed in Pretoria on 11 October 1999, has been provisionally applied according to Decision 1999/753/EC of the Council of 29 July 1999(2).(2) The procedures for ratification and acceptance or endorsement by the Member States have been finalised.(3) The Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, signed in Pretoria on 11 October 1999 should be approved,HAS DECIDED AS FOLLOWS:Article 1The Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, together with the Annexes and Protocols attached thereto and the declarations made by the Community unilaterally or jointly with other parties that are attached to the Final Act are hereby approved on behalf of the Community.The texts of the Agreement, Annexes, Protocols and the Final Act are attached to Decision 1999/753/EC.Article 2The President of the Council shall give the notification provided for in Article 109 of the Agreement on behalf of the Community.Article 3The position to be taken by the Community within the Cooperation Council established by the Agreement, shall be laid down by the Council, on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty establishing the European Community.Article 4This Decision shall be published in the Official Journal of the European Union.Done at Luxembourg, 26 April 2004.For the CouncilThe PresidentB. Cowen(1) OJ C 107, 13.4.2000, p. 69.(2) OJ L 311, 4.12.1999, p. 1.


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31999D0562

1999/562/EC: Commission Decision of 12 July 1999 on the exchange of letters concerning the certificate referred to in the second indent of point 6 of the Agreement between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines (notified under document number C(1999) 2054)

Official Journal L 212 , 12/08/1999 P. 0031 - 0031

COMMISSION DECISIONof 12 July 1999on the exchange of letters concerning the certificate referred to in the second indent of point 6 of the Agreement between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines(notified under document number C(1999) 2054)(1999/562/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 93/723/EC of 23 November 1993 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines(1), and in particular Article 3 thereof,(1) Whereas the second indent of point 6 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines, signed in Brussels on 29 November 1993(2), stipulates that the grant of tariff concessions is subject to presentation of a certificate issued by a mutually recognised official body appearing on a list to be drawn up jointly, to the effect that the wine in question complies with points 1, 2 and 4 of the Agreement;(2) Whereas the Commission, on behalf of the Community, and Hungary have agreed implementing rules for the above certificate; whereas these rules should therefore be approved;(3) Whereas the measures provided for in this Decision and in the attached Exchange of Letters are in accordance with the opinion of the Management Committee for Wine,HAS DECIDED AS FOLLOWS:Article 1The exchange of letters concerning the certificate referred to in the second indent of point 6 of the Agreement between the European Community and the Republic of Hungary on the reciprocal establishment of tariff quotas for certain wines is hereby approved on behalf of the Community.The text of the exchange of letters is attached to this Decision.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 12 July 1999.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 337, 31.12.1993, p. 83.(2) OJ L 337, 31.12.1993, p. 84.