Avis juridique important

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41994D0001

The Schengen acquis - Decision of the Executive Committee of 26 April 1994 on adjustment measures aiming to remove the obstacles to and restrictions on traffic at road crossing points at internal borders (SCH/Com-ex (94) 1, rev. 2)

Official Journal L 239 , 22/09/2000 P. 0157 - 0162

DECISION OF THE EXECUTIVE COMMITTEEof 26 April 1994on adjustment measures aiming to remove the obstacles to, and restrictions on, traffic at road crossing points at internal borders(SCH/Com-ex (94)1 rev. 2)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 2 of the abovementioned Convention,Hereby acknowledges and approves the document on the abolition of checks on persons at the internal borders (SCH/I-Front (94)1 rev. 3) referred to in it,HAS DECIDED AS FOLLOWS:The adjustment measures aiming to remove obstacles to, and restrictions on, traffic at road crossing points at internal borders shall be implemented in accordance with the document attached hereto. The implementation of these adjustment measures falls within the national competence of the Contracting Parties.Bonn, 26 April 1994.The ChairmanBernd SchmidbauerADJUSTMENT MEASURES AIMING TO REMOVING OBSTACLES TO, AND RESTRICTIONS ON, TRAFFIC AT ROAD CROSSING POINTS OF INTERNAL BORDERSCompleting the abolition of checks at the internal borders between the Schengen States also involves the removal of the obstacles restricting travel, in particular those constituted by the installations formerly required for checks.The Contracting Parties therefore intend to begin immediately dismantling these obstacles progressively as soon as positive indications as to the prospects of bringing the Schengen Information System into operation have been received.Phase 1 will consist of measures which are particularly necessary to guarantee that the internal borders may be crossed swiftly and which may be implemented relatively quickly without incurring unreasonable expense.To this end the following measures, in particular, must be taken:- opening carriageways and lanes previously blocked for border checks, particularly at motorway border crossing points,- removing customs sheds from central lanes so as not to hinder vehicles passing at high speed,- dismantling roofs jutting out over the road at border crossing points to improve visibility and reduce nuisance caused by air pressure changes,- removing speed limits; the sole criteria for introducing any new speed limits is road safety,- technical adjustments in order to enable vehicles to turn round on motorways and comparable roads in case checks at the internal borders are temporarily reinstated on grounds of public policy or national security and vehicles are refused entry.The implementation of these programmes shall be the national responsibility of each Contracting Party and, if necessary or expedient from a legal or a practical point of view, by mutual consultation or agreement.As many as possible of the measures referred to in Phase 1 should be completed by the time the Convention implementing the Schengen Agreement is brought into force, or at least those which can be implemented quickly without any lengthy preparations, (for example the removal of road barriers).Preparations for the remaining adjustment measures in Phase 1 shall be made in accordance with the following timetable:1. During the period from 1 July to 15 September 1994, a review of the situation is to be made and a list drawn up of the steps to be taken at each internal border crossing point with a view to implementing the adjustment measures.It should be borne in mind that installations for police cooperation are to be kept provisionally at certain border crossing points which means, for instance, that the speed limits should be retained for access roads to the services concerned.2. The period from 15 September to 31 October 1994 is the phase for consultation between neighbouring States. During this period, they are to inform each other of the activities required to put into practice the adjustment measures at each border crossing point.3. The Contracting Parties shall ensure that the necessary arrangements for bringing into force the Convention implementing the Schengen Agreement are completed by 31 December 1994.At the end of each of the three preparatory phases, the Contracting Parties shall report to the Central Group on progress made towards completing the timetable, whilst providing detailed overviews.ABOLITION OF CHECKS ON PERSONS AT THE INTERNAL BORDERSSCH/I-Front (94) 1 rev. 3After years of intensive preparation, almost all the various compensatory measures provided for by the Schengen Convention of 19 June 1990 have been fully implemented, and the work that remains to be done in this area, for example on the Schengen Information System, is currently proceeding at a steady pace.However, certain arrangements that were designed to achieve the objective which these compensatory measures were supposed to permit, i.e. the abolition of checks on persons at the internal borders, are still not in place. The avoidance of any further delay in abolishing such checks at the common borders even after all the compensatory measures have been implemented is contingent on the necessary preconditions being fulfilled. In this connection it is important not only to dispense with the formalities that accompany such checks but to remove the obstacles to freedom of movement at the internal borders that were previously necessary for the purpose of carrying out controls.In order to ensure that this operation proceeds in an orderly fashion, there must be a concrete action programme for implementing the various stages.1. Abolition of checks on persons and of the requirement to present cross-border travel documents at land borders, ports and airports1.1. Abolition of checks on personsUnder Article 2(1) of the Schengen Convention, the internal borders may be crossed at any point without checks on persons being carried out.Consequently, the competent authorities should dispense with internal border checks except in the cases provided for in Article 2(2) of the Convention.On the other hand, this would have the effect of exempting all travellers, whatever their nationality, from police checks when crossing the border. Furthermore, they would no longer be obliged to use authorised border crossing points.The abolition of checks on persons at the internal borders is without prejudice to the provisions of Article 22 of the Schengen Convention. Nor does it affect the exercise by the competent authorities of a Contracting Party, on its national territory, including the border areas, of their powers under national law for the purpose of monitoring compliance with the obligation to possess, carry and present papers and travel documents.Alternative border checks are incompatible with the provisions of the Schengen Convention on the abolition of controls. Here, however, they are taken to mean systematic checks on persons carried out for the purpose of crossing the border, in a hinterland area adjacent to the border or in defined border areas. This does not contravene the provisions of Article 2(2).Persons entering via airports and seaports are exempt from checks only if they cross a common border, for example, in the case of air and sea travel inside the Schengen area. Since passengers are channelled into Schengen and non-Schengen flows, checks cannot in practice be abolished for air and sea travel unless airports and seaports have the requisite separate handling areas.The Contracting Parties should take appropriate steps to inform:- the public,- the authorities responsible for border protection,- the police, and- the airport and seaport operators and the carriers,of the various features of the new situation at the internal borders with regard to the abolition of checks.1.2. Abolition of the requirement to present cross-border travel documents when crossing internal bordersThe abolition of border controls goes hand in hand with abolition of the requirement to produce or present a valid document that permits the holder to cross borders.This does not conflict with national provisions on holding, carrying and presenting identity and residence papers that are applicable on the national territory.Delegations were to communicate the relevant national provisions before the end of April 1994 and provide details of the identity documents used in their countries and of the checks provided for under their national law.2. Adjustment measures aimed at eliminating obstacles to and restrictions on movement at road crossing pointsThe abolition of checks on persons is the main instrument for achieving freedom of movement at the borders. To attain this objective, however, it is necessary to remove infrastructures the existence of which was hitherto justified by the need to conduct checks and which restrict freedom of movement.2.1. General observations(a) Crossing points at internal borders - the largest and most important at any rate - consist of numerous buildings and facilities that form a complex.In the initial phase, the activities undertaken by the Contracting Parties for the purpose of complementing the abolition of checks by accompanying measures will consist solely of steps aimed at guaranteeing that there are no obstacles to crossing the borders.The question of dismantling other buildings or putting them to a different use, collection of the barriers used previously and important tasks such as rectifying the layout, will be tackled during the second stage.(b) Most of the Schengen States have concluded bilateral agreements with neighbouring States determining that checks on cross-border traffic may take the form of joint checks carried out on the territory of either State. Accordingly, the implementing agreements provided for checks are to be combined at virtually all crossing points. Consequently, adaptations for the purpose of implementing the Schengen system presuppose the agreement of the two neighbouring States in question. The Contracting Parties should reach such agreement quickly and inform the Executive Committee accordingly.2.2. Infrastructural modifications of a technical natureIn the first instance, the following measures in particular should be prepared:- at a number of crossing points, especially on motorways, provision has been made for traffic lanes for vehicles but these are blocked by security ramps or crash barriers. These lanes can be opened to traffic and measures to this end should be taken as soon as possible,- the control booths erected in the middle lanes, particularly on motorways, are too close to the traffic lane and constitute a safety hazard for vehicles travelling at high speed. They should therefore be demolished,- if vehicles are allowed to travel at higher speeds, the roofs which overhang the road at border crossing points should be demolished in order to improve visibility and reduce the nuisance caused by air currents.2.3. Abolition of traffic restrictionsOnce the necessary tasks have been completed, it will be possible to abolish the speed limits currently in force. The introduction of new speed limits will be dictated solely by road safety requirements.2.4. Arrangements for the temporary reintroduction of checks at internal bordersShould it prove necessary to reintroduce internal border checks temporarily in accordance with the provisions of Article 2(2) of the Convention, mobile units of the border police can impose the speed restrictions necessary for conducting checks by means of ad hoc signalling. This obviates the need to install permanent signs for this purpose.However, in order to enforce a decision to refuse entry, provision needs to be made for installing a device that enables traffic to reverse. Steps therefore need to be taken to ensure that movable components, capable of being opened immediately, if necessary are installed in the security barriers located in the middle of motorways and similar roads.2.5. Action programmesWith a view to the practical implementation of the Schengen Convention, the Contracting Parties should draft detailed programmes for the first phase of infrastructural adaptation at the border crossing points and submit them to the Executive Committee.The following measures in particular must be taken in due course for the purpose of bringing the Convention into force:- road lanes, especially those at motorway crossing points that have up to now been closed for the purpose of conducting border checks, should be opened to traffic,- the control booths situated on the middle lanes should be demolished so as not to hamper vehicles travelling past at high speed,- the roofs overhanging the road at the border crossing points should be removed to improve visibility and reduce the nuisance caused by air currents,- speed limits should be abolished, and the introduction of new restrictions should be determined solely by road safety considerations,- technical modifications should be carried out to enable vehicles to make a U-turn on motorways and similar roads in the event that internal border checks are temporarily reintroduced on public order or national security grounds.These programmes are the responsibility of each Contracting Party and should be implemented jointly or by mutual agreement, in so far as circumstances or legal considerations make this necessary or advisable. The Contracting Parties should report to the General Secretariat on the measures they have taken.3. Information on the abolition of checks prior to the implementation of the Schengen ConventionThe strategy underlying the Schengen Convention is that the abolition of internal border checks should be preceded by the introduction of compensatory measures.One of the principal compensatory measures, the Schengen Information System, has yet to be completed, which means that checks on persons must in principle be maintained at the internal borders.In the opinion of the Contracting Parties, internal border checks may, where appropriate, be discontinued by bilateral agreement in some cases, as a symbolic gesture and for a trial period, provided that security is not seriously undermined (pilot projects).If the Contracting Parties envisage abolishing checks before the compensatory measures are in place, they should notify the Executive Committee accordingly.4. Consultation in the event that alternative border checks are carried outArticle 2(2) of the Convention lays down that a Contracting Party which decides to carry out national border checks for a limited period on public order or national security grounds should consult the other Contracting Parties in advance.Given the substance and purpose of the above provision, this requirement also applies in the case of alternative border checks carried out in a hinterland area adjacent to the border or in defined border areas (see point 1.1.).If a Contracting Party is planning to take such a measure, it should proceed as in the case of checks carried out for a temporary period directly at the internal borders and inform the other Partners accordingly.


title: 2008/537/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the European Agency for Reconstruction for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/182

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the European Agency for Reconstruction for the financial year 2005
   (2008/537/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for Reconstruction for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Agency for Reconstruction for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   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), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2667/2000 of 5 December 2000 on the European Agency for Reconstruction (4), and in particular Article 8 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0116/2007),

               1.

               Grants the director of the European Agency for Reconstruction discharge for the implementation of the Agency's budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the director of the European Agency for Reconstruction, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 7.

      (2)  OJ C 312, 19.12.2006, p. 18.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 306, 7.12.2000, p. 7. Regulation as last amended by Regulation (EC) No 1756/2006 (OJ L 332, 30.11.2006, p. 18).

      (5)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/183

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the European Agency for Reconstruction for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for Reconstruction for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Agency for Reconstruction for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   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), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2667/2000 of 5 December 2000 on the European Agency for Reconstruction (4), and in particular Article 8 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0116/2007),

               A.

               whereas the Court of Auditors stated that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable, and the underlying transactions, subject to the reservation, were legal and regular,

               B.

               whereas on 27 April 2006 Parliament gave discharge to the director in respect of the implementation of the Agency's budget for the 2004 financial year (6) and in the Resolution accompanying the discharge Decision Parliament, inter alia,

                           —

                           urged the Agency to seek guidance to improve its Treasury Management Policy in order to make best use of the often considerable sums maintained in current bank accounts,

                           —

                           noted that the transactions relating to counterpart funds, credit line schemes and special funds had been completely recorded in the absence of effective internal control procedures for long-term receivables; insisted that all transactions be capable of verification by the Court of Auditors,

                           —

                           in order to address the serious problems of unreliability (and accusations of corrupt practices) then surrounding the conditions under which public procurement contracts and concessions were awarded for highly sensitive projects (e.g. mobile telephony operators), urged the Commission and the Agency, in close cooperation with UNMIK (United Nations Interim Administration Mission in Kosovo) and the FIU (Financial Investigation Unit), to lay down clear and transparent procurement rules, to establish internal and supreme audit institutions, and to keep Parliament informed as to progress made;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory Agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory Agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Underlines its high appraisal of the results achieved by the Agency and the considerable improvements the Agencies could put in place in order to respond positively to the recommendations of the Court of Auditors and the Parliament;

               22.

               Congratulates the Director and its staff for the work done in a very difficult environment improving considerably the image of the EU and its visibility;

               23.

               Insists that the Commission prolong the Agency's activity, which is scheduled to end in 2008; is of the opinion that the Agency should be transformed into an Agency for implementation of certain EU external actions, which transformation should be based on a prior cost-benefit analysis, in particular with a view to managing post-conflict situations, while being careful to avoid any overlap with the activities of other European or international organisations, in order to prevent acquired expertise being lost;

               24.

               Calls on the Commission to inform Parliament which reasons, other than its intention to close the Agency in 2008, led to the fact that the Agency was not given the task of implementing the Union's special programme for the northern part of Cyprus and aid to the Palestinian population;

               25.

               Considers that the Agency has not only the systems (logistics, IT systems, and others) to implement swiftly large amounts of support in post-conflict areas, but that it has especially also proven high levels of expertise and know how in post-war reconstruction;

               26.

               Is convinced that at a point where the Commission wants to take over the management of the new Instrument for Pre-Accession Assistance in view of the acquis-related tasks related to the Balkans, the Agency should take over the tasks required by a ‘RELEX external actions Agency’;

               27.

               Considers that a new mandate of this successful agency would be the most efficient way to implement the new tasks in external actions, which cannot be implemented by Commission services in Brussels or by delegations of the Commission;

               28.

               Considers that the Agency could play a most efficient role in areas where traditional development assistance cannot be implemented; considers also that this would significantly increase the EU's visibility;

               29.

               Welcomes the measures taken by the Agency to improve contract award procedures following the Court of Auditors' observations raised in its 2003 and 2004 annual reports, which resulted in increased transparency in various areas: for instance, important decisions made during the evaluation process which affect the contract award are better documented and furthermore the overall discipline of the evaluation and contract award procedures is improved;

               30.

               Invites the Agency to further develop selection criteria in order to make them more realistic as they sometimes are ill-suited to the circumstances in which the Agency is operating;

               31.

               Welcomes the progress made in the area of tendering and encourages the Agency to further intensify its efforts in order to ensure that contracts awarded fully comply with all regulatory provisions;

               32.

               Notes that in its 2004 report the Court of Auditors stated in a review of operations entrusted to UNMIK an absence of adequate financial control when making payments and serious difficulties in closing operations, mainly due to an absence of adequate accounts for the projects and of sufficient justification for the expenditure; welcomes the significant efforts made by the Agency in 2005 to resolve this situation, but notes however that some problems for closing operations remained.

      (1)  OJ C 266, 31.10.2006, p. 7.

      (2)  OJ C 312, 19.12.2006, p. 18.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 306, 7.12.2000, p. 7. Regulation as last amended by Regulation (EC) No 1756/2006 (OJ L 332, 30.11.2006, p. 18).

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

      (6)  OJ L 340, 6.12.2006, p. 74.


title: 2010/740/EU: Decision of the European Parliament and of the Council of 24 November 2010 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/024 NL/Noord Holland and Zuid Holland Division 58 from the Netherlands)

text:
               4.12.2010

               EN

               Official Journal of the European Union

               L 318/37

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 24 November 2010
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/024 NL/Noord Holland and Zuid Holland Division 58 from the Netherlands)
   (2010/740/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               The Netherlands submitted an application on 30 December 2009 to mobilise the EGF, in respect of redundancies in eight enterprises operating in NACE Revision 2 Division 58 (publishing activities) in the two contiguous NUTS II regions Noord Holland (NL32) and Zuid Holland (NL33) and supplemented it with additional information up to 31 May 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 2 326 459.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the Netherlands,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 2 326 459 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 24 November 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


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31999D0460

1999/460/EC: Council Decision of 20 May 1999 concluding the Additional Protocol to the EEC/Cyprus Association Agreement to associate Cyprus with the fifth framework programme of the European Community for research, technological development and demonstration activities (1998 to 2002)

Official Journal L 180 , 15/07/1999 P. 0035 - 0036

COUNCIL DECISIONof 20 May 1999concluding the Additional Protocol to the EEC/Cyprus Association Agreement to associate Cyprus with the fifth framework programme of the European Community for research, technological development and demonstration activities (1998 to 2002)(1999/460/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 170, in conjunction with Article 300(2) and the first sub-paragraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),(1) Whereas the Agreement establishing an association (hereinafter referred to as "the Association Agreement") between the European Economic Community and the Republic of Cyprus(3), (hereinafter referred to as "Cyprus") entered into force on 1 June 1973;(2) Whereas a Protocol on financial and technical co-operation between the European Community and the Republic of Cyprus(4), was signed on 30 October 1995;(3) Whereas the conclusions of the Luxembourg European Council of 12-13 December 1997 confirmed the possibility of associating candidate countries with the Community's framework programme in the field of research and technological development as one of the instruments of the pre-accession strategy to be applied to these countries;(4) Whereas Cyprus has formally informed the Commission on 7 April 1998 that it wishes such an association;(5) Whereas by its Decision of 13 October 1998, the Council authorised the Commission to negotiate an Additional Protocol to the Association Agreement (hereinafter referred to as "the Protocol");(6) Whereas, by Decision No 182/1999/EC, the European Parliament and the Council of the European Union adopted the fifth framework programme of the European Community for research, technological development and demonstration activities (1998 to 2002)(5) (hereinafter referred to as the "fifth framework programme");(7) Whereas the Protocol to associate Cyprus to the fifth framework programme should be approved and signed on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Additional Protocol to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus is hereby approved on behalf of the Community.The text of the protocol is attached to this Decision.Article 2The President of the Council is hereby authorised to appoint the person(s) empowered to sign the Protocol in order to bind the Community.Article 3The President of the Council shall, on behalf of the Community, give the notification provided for in Article 10 of the Protocol.Done at Brussels, 20 May 1999.For the CouncilThe PresidentE. BULMAHN(1) OJ C 89, 30.3.1999, p. 31.(2) Opinion delivered on 14 April 1999 (not yet published in the Official Journal).(3) OJ L 133, 21.5.1973, p. 2.(4) OJ L 278, 21.11.1995, p. 23.(5) OJ L 26, 1.2.1999, p. 1.


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31999D0008

1999/8/EC: Council Decision of 31 December 1998 adopting the Statutes of the Economic and Financial Committee

Official Journal L 005 , 09/01/1999 P. 0071 - 0071

COUNCIL DECISION of 31 December 1998 adopting the Statutes of the Economic and Financial Committee (1999/8/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 153 thereof,Having regard to the opinion of the Commission,Whereas in accordance with Article 109c(2) of the Treaty an Economic and Financial Committee will be set up at the start of the third stage;Whereas the Council adopted on 21 December 1998 a Decision on the composition of the Economic and Financial Committee (1);Recalling that on 16 June 1997 the European Council adopted a resolution on the establishment of an exchange-rate mechanism in the third stage of economic and monetary union (2);Recalling that on 13 December 1997 the European Council adopted a resolution on economic policy coordination in the third stage of economic and monetary union and on Articles 109 and 109b of the Treaty (3);Recalling that, in these resolutions, a certain role was foreseen for the Economic and Financial Committee;Whereas, therefore, the Statutes of the Economic and Financial Committee should be adopted,HAS DECIDED AS FOLLOWS:Article 1 The Statutes of the Economic and Financial Committee are hereby adopted.The text of the Statutes is set out in the Annex hereto.Article 2 This Decision shall be published in the Official Journal of the European Communities.It shall take effect as from 1 January 1999.Done at Brussels, 31 December 1998.For the CouncilThe PresidentR. EDLINGER(1) OJ L 358, 31. 12. 1998, p. 109.(2) OJ C 236, 2. 8. 1997, p. 5.(3) OJ C 35, 2. 2. 1998, p. 1.


title: 2005/901/EC: Council Decision of  12 December 2005  appointing a Belgian member to the Committee of the Regions

text:
               15.12.2005

               EN

               Official Journal of the European Union

               L 328/59

      COUNCIL DECISION

   of 12 December 2005
   appointing a Belgian member to the Committee of the Regions
   (2005/901/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Belgian Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2002 to 25 January 2006 (1).

               (2)

               The seat of a member of the Committee of the Regions has become vacant following the expiry of the mandate of the ‘Ministre-Président du gouvernement wallon’, Mr Jean-Claude VAN CAUWENBERGHE, member,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Jean-Claude VAN CAUWENBERGHE,
   Membre du Parlement wallon,
   is hereby appointed a member of the Committee of the Regions for the remainder of the term of office, which ends on 25 January 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Brussels, 12 December 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 24, 26.1.2002, p. 38.


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31993D0171

93/171/EEC: Council Decision of 25 February 1993 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning the adaptation of the Agreement on reciprocal trade in cheese

Official Journal L 072 , 25/03/1993 P. 0026

COUNCIL DECISION of 25 February 1993 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning the adaptation of the Agreement on reciprocal trade  in cheese(93/171/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas in the Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese (1), signed on 22 March 1989, the tariff quotas to be opened by the Community and  Norway respectively were laid down for the years 1989-1991 only; whereas, following an Agreement in the form of an Exchange of Letters between the contracting parties (2), those quotas were maintained unchanged for 1992; whereas the quotas applicable  from 1 January 1993 should be fixed without prejudice to the provisions of the Agreement in the form of an exchange of letters No 2 between the Community and the Kingdom of Norway concerning agriculture and fisheries, signed on 14 July 1989, following  the accession of Spain and Portugal (3);  Whereas the Commission has held consultations on this matter with Norway and whereas those consultations have led to an Agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning the adaptation of the Agreement on reciprocal trade in cheese 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 person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 25 February 1993.  For the Council The President J. TROEJBORG (1) OJ No L 362, 30. 12. 1988, p. 53.  (2) OJ No L 44, 20. 2. 1992, p. 38.  (3) OJ No L 328, 22. 11. 1986, p. 80.


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31963D0106

63/106/EEC: Council Decision on the conclusion of the Agreement establishing an Association between the European Economic Community and Greece  /* Unofficial translation */

Official Journal 026 , 18/02/1963 P. 0293 - 0293 Danish special edition: Series II Volume I(1a) P. 0003  English special edition: Series II Volume I(1) P. 0003

++++COUNCIL DECISION OF 25 SEPTEMBER 1961 ON THE CONCLUSION OF THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE  ( 63/106/EEC )  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 238 THEREOF ;  HAVING REGARD TO THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE , SIGNED AT ATHENS ON 9 JULY 1961 ;  HAVING CONSULTED THE EUROPEAN PARLIAMENT ON 19 SEPTEMBER 1961 ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE , ITS ANNEXES AND PROTOCOLS AND THE DECLARATIONS ANNEXED TO THE FINAL ACT , SIGNED AT ATHENS ON THE NINTH OF JULY ONE THOUSAND NINE HUNDRED AND SIXTY-ONE , ARE CONCLUDED , APPROVED AND CONFIRMED ON BEHALF OF THE COMMUNITY .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO ISSUE THE NOTIFICATION REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 75 OF THE AGREEMENT OF ASSOCIATION .  DONE AT BRUSSELS , 25 SEPTEMBER 1961 .  FOR THE COUNCIL  THE PRESIDENT  MUELLER-ARMACK


title: 2007/97/EC: Council Decision of 12 February 2007 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banco de España

text:
               14.2.2007

               EN

               Official Journal of the European Union

               L 42/24

      COUNCIL DECISION

   of 12 February 2007
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banco de España
   (2007/97/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,
   Having regard to Recommendation ECB/2006/18 of the European Central Bank of 13 November 2006 to the Council of the European Union on the external auditors of the Banco de España (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council.

               (2)

               Pursuant to Article 4(2) of Law 13/1994 on autonomy of the Banco de España and to Articles 29(3) and 31 of its Rules of Procedure, the accounts of the Banco de España are audited by independent external auditors as provided for in Article 27 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and under the terms of Law 19/1988 on the auditing of accounts (2) regarding the eligibility, mandate and rotation of the auditors.

               (3)

               The mandate of the current external auditors of the Banco de España will expire after the audit for the financial year 2005. It is therefore necessary to appoint external auditors from the beginning of the financial year 2006.

               (4)

               The Banco de España has selected Deloitte, S.L. as its external auditor for the financial years 2006 to 2008. Its mandate is renewable thereafter on a yearly basis until the end of the financial year 2012.

               (5)

               The ECB considers that the external auditor selected by the Banco de España fulfil the necessary requirements for appointment and the Governing Council of the ECB therefore recommends that Deloitte, S.L. be appointed for the financial years 2006 to 2008 and its mandate be renewable thereafter on a yearly basis until the end of the financial year 2012.

               (6)

               It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (3) accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Article 1(3) of Decision 1999/70/EC shall be replaced by the following:

      ‘3.   Deloitte, S.L. is hereby approved as the external auditor of the Banco de España for the financial years 2006 to 2008.
      This mandate may be renewed thereafter on a yearly basis until the end of the financial year 2012.’

   Article 2
   This Decision shall be notified to the European Central Bank.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 12 February 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ C 283, 21.11.2006, p. 16.

      (2)  Law as amended by Law 44/2002 on financial system reform measures.

      (3)  OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2006/852/EC (OJ L 331, 29.11.2006, p. 19).


title: 2012/292/EU: Council Decision of 31 May 2012 on the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs

text:
               7.6.2012

               EN

               Official Journal of the European Union

               L 147/1

         COUNCIL DECISION
   of 31 May 2012
   on the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs
   (2012/292/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Union, an Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (the ‘Agreement’).

               (2)

               The Agreement will allow the reciprocal protection of the geographical indications of the Union and the Republic of Moldova, as well as contribute to the approximation of legislation among the neighbouring countries of the Union.

               (3)

               The Agreement should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 31 May 2012.

            For the Council

            The President

         P. OLSEN DYHR

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


European Parliament decision on the request for waiver of the immunity of Mrs Elisabeth Jeggle (2001/2031(IMM))


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31984D0128

84/128/EEC: Commission Decision of 29 February 1984 on establishing an Industrial Research and Development Advisory Committee (IRDAC)

Official Journal L 066 , 08/03/1984 P. 0030 - 0031 Finnish special edition: Chapter 13 Volume 13 P. 0190  Spanish special edition: Chapter 16 Volume 1 P. 0183  Swedish special edition: Chapter 13 Volume 13 P. 0190  Portuguese special edition Chapter 16 Volume 1 P. 0183

*****COMMISSION  DECISION  of 29 February 1984  on establishing an Industrial Research and Development Advisory Committee (IRDAC)  (84/128/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the promotion of European industrial competitiveness is one of the major goals of the framework programme;  Whereas a permanent dialogue between industry and the Commission is important;  Whereas industrial research and development influence working conditions and employment;  Whereas, by Decision 78/636/EEC (1), the Commission established the Advisory Committee on Industrial Research and Development (CORDI);  Whereas experience has shown that it is appropriate to adjust the consultative system to the new guidelines and policy requirements in the field of science and technology,  HAS DECIDED AS FOLLOWS:  Article 1  An Industrial Research and Development Advisory Committee (IRDAC), hereinafter referred to as 'the Committee', is hereby established and attached to the Commission.  Article 2  1. Either on its own initiative or at the Commission's request, the Committee shall advise the Commission in the preparation and implementation of Community policy in regard to industrial research and development, including the industrial and social impact thereof. In particular, it shall contribute to analyzing the Community's needs and opportunities in the field and provide the Commission with appropriate information on research and development in industry. At the Commission's request the Committee shall advise the Commission on those aspects of other Community initiatives which are relevant to industrial research and development.  2. In order to perform the tasks set out in paragraph 1, the Committee shall:  - give opinions or make reports to the Commission in the framework of general problems connected with industrial research and development not specific to a single sector,  - exchange information with the Commission on the impact of initiatives at Community level which affect industrial research and development.  Article 3  1. The Committee shall be composed of 12 members with substantial experience in research and development work in industrial undertakings, research institutes or other organizations involved in work related to industrial research and development who shall be appointed by the Commission in a personal capacity.  2. In order to ensure continuity with the previous work of CORDI, to facilitate the exchange of information, as well as adequately to take into account the interests of the European organizations competent in the field of industrial research and development, namely:  - the Union of Industries of the European Community (UNICE),  - the European Centre for Public Enterprise (ECPE),  - the Federation of European Industrial Cooperative Research Organizations (FEICRO),  - the European Trade Union Confederation (ETUC),  the Committee shall include in addition four members appointed by the Commission after consultation with these organizations.  3. A list of Committee members shall be published by the Commission in the Official Journal of the European Communities.  Article 4  1. The term of office for a Committee member shall be three years and may not be renewed for members mentioned in Article 3 (1). Members of the Committee shall remain in office until such time as they are replaced.  2. The functions which are exercised shall not be subject to remuneration; travel and living expenses relating to Committee and working groups' meetings shall be covered by the Commission pursuant to the administrative provisions currently in force.  Article 5  1. The Committee shall elect a chairman from among its members. The chairman shall be elected by a two-thirds majority of members present, a minimum of seven favourable votes being required.  2. A vice-chairman shall be elected, subject to the same requirements as to majority and under the same conditions, and shall deputize for the chairman in case of absence.  3. The organization of the Committee's work and its secretarial arrangements shall be the responsibility of the Commission, working closely with the chairman.  Article 6  1. The Committee shall normally meet at the place where the Commission has its seat and upon being convened by the Commission.  2. The Committee may set up working groups.  3. Representatives of the Commission shall have the right to take part in meetings of the Committee and of its working groups.  4. The Committee and the working groups may invite any person with special qualifications in respect of an item on the agenda to participate in their work as an expert. Such experts shall participate only in the discussions of the items on account of which they were invited.  Article 7  The Committee shall adopt its own rules of procedure.  Article 8  Without prejudice to the provisions of Article 214 of the Treaty, members of the Committee are required not to disclose any information which comes to their attention through the work of the Committee or its working groups, where the Commission informs them that an opinion or a topic bears upon a question of a confidential nature. In such cases, only members of the Committee and representatives of the Commission may take part in meetings.  Article 9  Decision 78/636/EEC is hereby repealed.  Article 10  This Decision shall apply with effect from 1 January 1984.  Done at Brussels, 29 February 1984.  For the Commission  Étienne DAVIGNON  Vice-President  (1) OJ No L 203, 27. 7. 1978, p. 36.


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31998D0090

98/90/EC: Commission Decision of 21 January 1998 terminating the anti-dumping proceeding concerning imports of dihydrostreptomycin originating in the People's Republic of China

Official Journal L 017 , 22/01/1998 P. 0042 - 0045

COMMISSION DECISION of 21 January 1998 terminating the anti-dumping proceeding concerning imports of dihydrostreptomycin originating in the People's Republic of China (98/90/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), as amended by Council Regulation (EC) No 2331/96 (2), and in particular Article 9(2) thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE (1) Following a complaint lodged by the European Council of Chemical Manufacturers Federations (CEFIC) acting on behalf of the sole known producer of dihydrostreptomycin in the European Community, the Council, by Regulation (EEC) No 3836/91 (3), imposed a definitive anti-dumping duty on imports of dihydrostreptomycin (hereinafter referred to as DHS) falling within CN code 2941 20 10, originating in the People's Republic of China.The rate of duty imposed was ECU 20,16 per kilogram of base DHS or the difference between the cif price and ECU 58,4 per kilogram of base DHS, whichever is the higher.For two Chinese companies, specifically mentioned in the operative part of the Regulation, the duty amounted to ECU 14,9 per kilogram of base dihydrostreptomycin or the difference between the CIF price and ECU 53,16 per kilogram of base DHS, whichever is the higher.B. REVIEW INVESTIGATION (2) The Commission subsequently received a request by an importer in the Community, acting on behalf of a Chinese exporter, to repeal the measures in force. The applicant alleged that there was no longer a Community DHS industry which could be injured by the imports concerned. The evidence of changed circumstances contained in the application was considered sufficient to justify the opening of a review investigation pursuant to Article 11(3) of Regulation (EC) No 384/96 (the 'Basic Regulation`).(3) By a notice published in the Official Journal of the European Communities, the Commission accordingly announced the review of Regulation (EEC) No 3836/91 pursuant to Article 11(3) of the Basic Regulation. Given that no change of circumstances regarding dumping had been claimed in the request, the review, initiated on 4 January 1996 (4), was initially limited to aspects of injury.(4) A preliminary examination of the situation showed that there was one producer of DHS remaining in the Community. However, it emerged that the circumstances of the case had changed sufficiently to warrant a full review of both dumping and injury. The changed circumstances included an alteration in the composition of the domestic industry (the original sole complainant producer, Rhône-Poulenc, had ceased production but there was one other producer in the Community) and information that Japan, the analogue country used in the original investigation, no longer produced DHS. Furthermore, Chinese export prices appeared to have considerably increased. The implications of these developments were thought to justify the extension of the scope of the review to cover a full examination of both dumping and injury.(5) Having consulted the Advisory Committee on the matter, the Commission decided, on its own initiative, to extend the initial scope of the review to cover both dumping and injury. An investigation was initiated by a notice published in the Official Journal of the European Communities (5), pursuant to Article 11(3) of the Basic Regulation. The Commission officially advised the producer, exporters and importers known to be concerned as well as users of the product.(6) The investigation initially covered the year 1995 and, following the extension of the scope of the review, the investigation period for dumping was 1 January to 30 November 1996.(7) Since the review was in progress at the end of the period of application of the measures, it also covered the circumstances mentioned in Article 11(2) and (7) of the Basic Regulation.(8) The Commission sought and verified all the information it deemed necessary to its determination. Questionnaires were sent to all the companies known to be concerned and replies were received from the companies listed below. Verification visits were carried out at the premises of the Community producer, the cooperating unrelated importers and two user companies including one related to the Community producer.All parties which so requested were granted a hearing.(a) Community producerNorbrook Manufacturing Ltd (NML, Ireland);(b) Producers/Exporters in the People's Republic of China- Long March Pharmaceutical Plant,- Shanghai No 4 Pharmaceutical Plant;(c) Importers in the Community- Helm AG (Germany),- Tocelo Chemicals BV (Netherlands);(d) Community users- Intervet International (Akzo-Nobel group, Netherlands),- Sanofi-SNA (France),- Laboratoires Virbac (France),- Laboratorios Syva (Spain),- Norbrook Laboratories Ltd (Northern Ireland, related to NML).C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 1. Product under consideration (9) The product concerned by this investigation is the same as the one covered by the initial investigation, i.e. DHS, an anti-infective agent obtained from the hydrogenation of streptomycin and generally combined with other antibiotics such as penicillin-procaïn for the production of basic veterinary medicines (injectable pen-strep doses). These end-products have become commodities and are widely used as preventive medicine in cattle, pig and sheep breeding. Minor applications include a number of other veterinary products such as ointments and oily suspensions.2. Like product (10) DHS is mainly exported as powdered sulphate by Chinese exporters/producers but is also produced in a liquid form in the Community. Both forms are derived from one single raw material, streptomycin, which is obtained by a fermentation process and mostly produced in the People's Republic of China. Both forms are intended for the same applications, mainly pen-strep formulations used in veterinary medicine.A number of users claimed that the liquid formulation produced and sold by the Community industry could not be compared with the DHS powder produced and exported by the People's Republic of China because they cannot be processed in the same way. However, the Commission has found that, although traded in liquid form, the DHS produced and sold by the Community industry and the one imported in dry form from the People's Republic of China have the same chemical formula and properties and have exactly the same uses (basically the production of pen-strep medicines) and are generally interchangeable.Therefore these products are considered as like products, in accordance with Article 1(4) of the Basic Regulation, for the purpose of this investigation.D. DEVELOPMENT OF THE COMMUNITY MARKET 1. Community industry (11) The investigation showed that Rhône-Poulenc, the sole complainant Community producer in the original 1990 investigation, had ceased production of DHS in May 1994. At present, Norbrook Manufacturing Ltd, in Ireland, is the sole producer of DHS in the Community. Nearly all the output of Norbrook Manufacturing Ltd is transferred internally to its related company, Norbrook Laboratories Ltd (NLL), for the manufacture of pen-strep medicines. The global Community market share of Norbrook Manufacturing Ltd, (i.e. comprising both sales to the open market as well as transfers of products used captively within the Norbrook group) was 24 % in 1995 and during the investigation period. As far as Norbrook's open market share is concerned, less than 1 % of the respective sales were made to independent customers, mainly in Spain, thus representing a negligible part of the Community open market.2. Consumption (12) In the investigation period, the estimated apparent global Community consumption of DHS amounted to 234 tonnes. On an indexed basis, consumption fell from 100 in 1993 to 87 in the investigation period.3. Imports (13) It should be noted that in addition to Rhône-Poulenc, in the Community, Meiji in Japan ceased production of DHS in 1993. The Chinese producers seem to be enjoying a worldwide dominance of the DHS market now that the major chemical groups have stopped producing DHS sulphate. China is the main supplier of the Community's market (98 % of direct imports into the Community and 75 % of the total Community consumption in the investigation period) and virtually the only supplier on the Community's open market. It should be noted that, following the imposition of the anti-dumping duty on CN code 29 41 20 10 in 1991, Chinese imports of DHS have largely been made under other codes not subject to the duty, thus evading the anti-dumping measures.The Chinese exports to the Community amounted to 176 tonnes, of a value of ECU 7,9 million (6) in the investigation period. Chinese average prices showed an increase of 25 % in 1994 and 5 % in 1995. They increased by another 7 % in the investigation period. Other imports (Romania, Switzerland) are presently negligible.E. DUMPING 1. Analogue country (14) Since the People's Republic of China is considered a non-market economy country, the Commission undertook to find a market economy third country in which DHS was produced in sufficient quantities during the investigation period in order to establish a normal value for the Chinese exports. Producers of the product concerned in Brazil, India, Romania and the United States of America were considered, but none was willing or able to co-operate in the Commission investigation. In the absence of any available third country, there was no other option than to use the Community as the analogue market for the establishment of the normal value, in accordance with Article 2(7) of the Basic Regulation.2. Normal value (15) Since the sole Community producer did not sell the product concerned in sufficient quantities to independent customers on the Community market, normal value had to be constructed on the basis of its cost of manufacture plus a reasonable margin for SG& A and profit.However, since its sales of the like product or of the same general category of products were not made in sufficient quantities, and in the absence of any other reliable source of information, the Commission services examined whether or not the amounts for SG& A costs and for profit could be determined on the same basis as in the original investigation.In the original investigation, Japan served as an analogue country and the SG& A costs were determined by reference to those incurred by the sole cooperating Japanese producer. As far as the profit margin is concerned, a rate of 5 % was applied in the original investigation, the product in question being a raw material used in a mature generic pharmaceutical product in the agricultural sector. Since there were no indications that this method was no longer appropriate, it was decided to determine SG& A costs and profit accordingly.3. Export price (16) The two Chinese producers/exporters which replied to the questionnaire represented nearly all Chinese exports of the product concerned to the Community. As the cooperating Chinese exporters made export sales to the Community directly to independent importers, export prices were established on the basis of the prices actually paid or payable by independent importers, in accordance with Article 2(8) of the Basic Regulation, as provided by the cooperating exporters.4. Comparison (17) For the purpose of a fair comparison, the export price was adjusted to fob Chinese harbour level and normal value was similarly adjusted to fob national border level.The comparison between the export price and the normal value on a weighted average to weighted average basis showed a dumping margin of 1,5 %, i.e. de minimis.F. RECURRENCE OF DUMPING (18) In examining whether dumping is likely to recur, it should be noted that Chinese unit prices of DHS have been increasing since 1993, with an overall increase of 40 % up to and including the investigation period. During this period the volume of imports also grew to the extent that it now represents 98 % of the direct imports into the Community.These developments are mainly due to China now being virtually the only source of supply on the Community open market. These circumstances reflect the fact that competition on the market for DHS is now limited. There are no indications that this situation will change, which has led the Commission to deem the recurrence of dumping of Chinese imports unlikely. No arguments to the contrary have been presented.G. INJURY AND COMMUNITY INTEREST (19) In view of the conclusions concerning dumping, it was not considered necessary to develop injury and Community interest aspects arising from the investigation since this would not alter the conclusions reached. The Community producer was informed of the Commission's findings and contested the figures used for the evolution of Chinese prices, which the Commission had established on the basis of Eurostat. However, no other substantiated information was submitted which would alter the Commission's conclusions in this respect.H. CONCLUSION (20) Given the above findings, it was concluded that the proceeding concerning imports of DHS originating in the People's Republic of China should be terminated and that the anti-dumping duty in force should be allowed to lapse.DECIDES:Sole Article The anti-dumping proceeding concerning imports of dihydrostreptomycin falling within CN codes 2941 20 10 and 2941 20 20 and originating in the People's Republic of China is hereby terminated.Done at Brussels, 21 January 1998.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 317, 6. 12. 1996, p. 1.(3) OJ L 362, 31. 12. 1991, p. 1.(4) OJ C 1, 4. 1. 1996, p. 4.(5) OJ C 386, 20. 12. 1996, p. 9.(6) Estimated on the basis of Eurostat, CN codes 2941 20 10 and 2941 20 20.


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31995D0206

95/205/CFSP: 95/206/CFSP: Decision of 6 June 1995 on the implementation of the Common Position of 24 March 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union, with regard to Burundi

Official Journal L 130 , 14/06/1995 P. 0002 - 0002

COUNCIL DECISIONof 6 June 1995on the implementation of the  common position of 24 March 1995 defined by the Council on the basis of Article J.2 of the Treaty  on European Union, with regard to Burundi(95/206/CFSP)THE COUNCIL OF THE EUROPEAN  UNION, Having regard to the Treaty on European Union, and in particular Article J.11 (2) thereof, Having regard to the common position of 24 March 1995 defined by the Council on the basis of  Article J.2 of the Treaty on European Union, with regard to Burundi (1), HAS DECIDED AS FOLLOWS: Article 11. For the purposes of the implementation of the common position of  24 March 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union,  with regard to Burundi, and in particular point 4.5 thereof which states that the Union is prepared  to support the action taken by the OAU, a contribution of ECU 1,5 million is hereby placed at the  disposal of the OAU to finance the OAU's additional efforts towards the sending of observers to  Burundi. This amount shall be charged to the general budget of the European Communities. 2. Pursuant to point 4 of the common position of 24 March 1995, the Presidency and the Commission,  acting within the scope of their respective responsibilities, shall define with the OAU the  detailed arrangements for this contribution. Article 2This Decision shall be published in the Official Journal. Done at Luxembourg, 6 June 1995. For the CouncilThe PresidentM. BARNIER(1) OJ No L 72, 1. 4. 1995, p. 1.


title: 2007/95/EC: Council Decision of 22 January 2007 regarding the position to be taken by the Community within the International Coffee Council on the extension of the International Coffee Agreement, 2001

text:
               14.2.2007

               EN

               Official Journal of the European Union

               L 42/22

      COUNCIL DECISION

   of 22 January 2007
   regarding the position to be taken by the Community within the International Coffee Council on the extension of the International Coffee Agreement, 2001
   (2007/95/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The International Coffee Agreement of 2001 has been signed and concluded on behalf of the European Community on 24 September 2001 by Council Decision 2001/877/EC (1).

               (2)

               Under the provisions of Article 52(1) and (2), the International Coffee Agreement of 2001 is due to expire on 30 September 2007 unless it is extended beyond that date by decision of the International Coffee Council for one or more periods not exceeding six years in total.

               (3)

               The extension of that Agreement is in the interest of the European Community.

               (4)

               The European Community’s position in the International Coffee Council should be established,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The European Community’s position within the International Coffee Council shall be to vote in favour of extending the International Coffee Agreement, 2001, for one or more periods not exceeding six years.

      Done at Brussels, 22 January 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 326, 11.12.2001, p. 22.


Avis juridique important

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31987D0215

87/215/EEC: Commission Decision, of 23 March 1987, accepting a price undertaking in connection with the anti-dumping proceeding concerning imports of standardized multi-phase electric motors having an output of more than 0,75 kW but not more than 75 kW, originating in Romania

Official Journal L 083 , 27/03/1987 P. 0053 - 0054

*****COMMISSION  DECISION  of 23 March 1987  accepting a price undertaking in connection with the anti-dumping proceeding concerning imports of standardized multi-phase electric motors having an output of more than 0,75 kW but not more than 75 kW, originating in Romania  (87/215/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 11 and 14 thereof,  After consultation within the Advisory Committee provided for under that Regulation,  Whereas:  A. Provisional measures  (1) By means of Regulation (EEC) No 3019/86 (2) the Commission, in connection with the review proceeding initiated on 26 November 1985 (3), imposed a provisional anti-dumping duty on imports of standardized multi-phase electric motors, having an output of more than 0,75 kW but not more than 75 kW, originating in Romania.  Council Regulation (EEC) No 254/87 (4) extended the provisional duty for a period of two months.  B. Continuation of proceeding  (2) During the proceeding which followed the imposition of the provisional duty, the Romanian exporter said that its market share had fallen to an insignificant level in 1985, and therefore asked that the proceeding regarding it should be terminated without definitive measures being taken.  Alternatively, the exporter offered an undertaking concerning the minimum price level of its exports of standardized multi-phase motors to the Community.  (3) It is true that imports originating in Romania fell from 29 500 motors in 1982 to 13 900 in 1985, but they rose again to 39 000 in the first nine months of 1986. Without definitive measures, then, the market share held by imports from the country in question is liable to rise above a minimal level.  In the light of the Council's definitive conclusions concerning dumping, injury, causal link and Community interest, as set out in Regulation (EEC) No 864/87 (5), the Commission finds that the imports in question threaten to increase the existing material injury caused to the Community standardized multi-phase motor industry.  (4) In these circumstances, it would be discriminatory vis-à-vis the other exporters concerned to terminate the review proceeding without taking definitive measures regarding the Romanian exporter.  C. Undertaking  (5) The price undertaking by the Romanian exporter is at a level which should eliminate the threat of injury which the imports in question pose to the Community standardized multi-phase motor industry. The Commission therefore considers this price undertaking acceptable.  HAS DECIDED AS FOLLOWS:  Sole Article  The price undertaking offered by the exporter Electro-Export-Import (Romania) in connection with the anti-dumping proceeding concerning imports of standardized multi-phase electric motors having an output of more than 0,75 kW but not more than 75 kW falling within subheading ex 85.01 B I b) of the Common Customs Tariff, corresponding to Nimexe codes ex 85.01-33, ex 85.01-34 and ex 85.01-36, originating in Romania, is hereby accepted.  Done at Brussels, 23 March 1987.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 280, 1. 10. 1986, p. 68.  (3) OJ No C 305, 26. 11. 1985, p. 2.  (4) OJ No L 26, 29. 1. 1987, p. 1.  (5) See page 1 of this Official Journal.


title: Council Decision (EU) 2015/493 of 17 March 2015 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Latvijas Banka

text:
               24.3.2015

               EN

               Official Journal of the European Union

               L 78/16

         COUNCIL DECISION (EU) 2015/493
   of 17 March 2015
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Latvijas Banka
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1. thereof,
   Having regard to Recommendation ECB/2015/3 of the European Central Bank of 3 February 2015 to the Council of the European Union on the external auditors of Latvijas Banka (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

               (2)

               The mandate of the current external auditors of the Latvijas Banka expired after the audit for the financial year 2014. It is therefore necessary to appoint external auditors from the financial year 2015.

               (3)

               The Latvijas Banka has selected KPMG Baltics SIA as its external auditors for the financial years 2015 to 2019.

               (4)

               The Governing Council of the ECB recommended that KPMG Baltics SIA be appointed as the external auditors of the Latvijas Banka for the financial years 2015 to 2019.

               (5)

               It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 1(18) of Decision 1999/70/EC is replaced by the following:

      ‘18.   KPMG Baltics SIA is hereby approved as the external auditors of the Latvijas Banka for the financial years 2015 to 2019.’

   Article 2
   This Decision shall take effect on the day of its notification.
   Article 3
   This Decision is addressed to the European Central Bank.

      Done at Brussels, 17 March 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  OJ C 51, 13.2.2015, p. 4.

      (2)  Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).


title: 2013/577/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Food Safety Authority for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/234

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Food Safety Authority for the financial year 2011
   (2013/577/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2011, together with the Authority’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               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 (2), and in particular Article 185 thereof,

               —

               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 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) establishing a European Food Safety Authority, and in particular Article 44 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 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0074/2013),

               1.

               Approves the closure of the accounts of the European Food Safety Authority for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 92.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 31, 1.2.2002, p. 1.

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


Avis juridique important

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31979D1033

79/1033/EEC: Council Decision of 3 December 1979 under the Treaties, concerning fishery activities in waters under the soverignty or jurisdiction of Member States, taken on a temporary basis pending the adoption of permanent Community measures

Official Journal L 312 , 08/12/1979 P. 0031 - 0031

****  COUNCIL DECISION   OF 3 DECEMBER 1979   UNDER THE TREATIES , CONCERNING FISHERY ACTIVITIES IN WATERS UNDER THE SOVEREIGNTY OR JURISDICTION OF MEMBER STATES , TAKEN ON A TEMPORARY BASIS PENDING THE ADOPTION OF PERMANENT COMMUNITY MEASURES  ( 79/1033/EEC )   THE COUNCIL INTENDS TO REACH AN AGREEMENT AS EARLY AS POSSIBLE IN 1980 ON COMMUNITY MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES AND RELATED MATTERS . PENDING ITS DECISION IN THE MATTER AND IN VIEW BOTH OF ARTICLE 102 OF THE ACT OF ACCESSION AND OF THE NEED TO PROTECT THE BIOLOGICAL RESOURCES AND TO MAINTAIN SUITABLE RELATIONS WITH THIRD COUNTRIES IN FISHERIES MATTERS , THE COUNCIL HAS DECIDED ON THE FOLLOWING INTERIM MEASURES WHICH WILL APPLY FROM 1 JANUARY 1980 UNTIL THE COUNCIL HAS REACHED A DEFINITIVE AGREEMENT OR UNTIL 31 MARCH 1980 , WHICHEVER IS THE EARLIER .   1 . THE COUNCIL AGREES THAT MEMBER STATES SHALL CONDUCT THEIR FISHING ACTIVITIES IN SUCH A WAY AS TO TAKE INTO ACCOUNT THE TOTAL ALLOWABLE CATCHES ( TACS ) SUBMITTED BY THE COMMISSION TO THE COUNCIL IN ITS COMMUNICATION OF 21 NOVEMBER 1979 WITH ADDENDUM AND CORRDIGENDUM OF 30 NOVEMBER 1979 AND THE PART OF THE TACS MADE AVAILABLE TO THIRD COUNTRIES UNDER AGREEMENTS OR ARRANGEMENTS MADE WITH THEM BY THE COMMUNITY . THE CATCHES TAKEN IN THE INTERIM PERIOD WILL BE OFFSET AGAINST THE ALLOCATIONS EVENTUALLY DECIDED UPON BY THE COUNCIL FOR 1980 .   THE COUNCIL FURTHER AGREES THAT BY 31 JANUARY 1980 IT WILL ADOPT DEFINITIVE TACS ON THE BASIS OF COMMISSION PROPOSALS RESULTING FROM ITS COMMUNICATION OF 21 NOVEMBER 1979 WITH ADDENDUM AND CORRIGENDUM OF 30 NOVEMBER 1979 AND FROM FURTHER CONSIDERATION OF RELEVANT SCIENTIFIC , ECONOMIC AND SOCIAL FACTORS .   2 . AS REGARDS TECHNICAL MEASURES FOR THE CONSERVATION AND SURVEILLANCE OF FISHERY RESOURCES , MEMBER STATES SHALL APPLY THE SAME MEASURES AS THEY APPLIED ON 3 NOVEMBER 1976 , AND OTHER MEASURES TAKEN IN ACCORDANCE WITH THE PROCEDURES AND CRITERIA OF ANNEX VI TO THE COUNCIL RESOLUTION OF 3 NOVEMBER 1976 .   THE COUNCIL , BEARING IN MIND THE NECESSITY OF HAVING A REGULAR FLOW OF INFORMATION ABOUT CATCHES OF STOCKS OR GROUPS OF STOCKS FOR WHICH A TAC HAS BEEN FIXED , AGREES TO IMPLEMENT WITH EFFECT FROM 1 JANUARY 1980 A COMMON SYSTEM OF RECORDING AND OF NOTIFICATION OF CATCHES AS THEY RELATE TO THE TACS , IN ACCORDANCE WITH ARTICLES 3 , 7 , 8 , 9 AND 11 OF THE PROPOSAL FOR A REGULATION CONCERNING THE LAYING DOWN OF CONTROL MEASURES WHICH THE COMMISSION SUBMITTED TO THE COUNCIL ON 13 OCTOBER 1977 , AND WHICH WAS AMENDED ON 16 JANUARY 1978 AND 13 NOVEMBER 1978 . THE COUNCIL THEREFORE AGREED TO EXAMINE THIS DRAFT REGULATION WITH A VIEW TO A DECISION BEFORE 31 JANUARY 1980 .   DONE AT BRUSSELS , 3 DECEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   B . LENIHAN