Avis juridique important

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31982D0397

82/397/EEC: Commission Decision of 14 June 1982 accepting undertakings in connection with the anti-dumping procedure concerning imports of certain polypropylene film for capacitors originating in Japan and terminating that procedure

Official Journal L 172 , 18/06/1982 P. 0044 - 0046

*****COMMISSION  DECISION  of 14 June 1982  accepting undertakings in connection with the anti-dumping procedure concerning imports of certain polypropylene film for capacitors originating in Japan and terminating that procedure  (82/397/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultations within the Advisory Committee set up under Regulation (EEC) No 3017/79,  Whereas the Commission received a complaint lodged by the Association of Plastics Manufacturers in Europe (APME) on behalf of the two Community producers which at that time accounted for total Community output of treated polypropylene film for electrical capacitors (OPP-T); whereas the complaint contained evidence of the existence of dumping in respect of like products originating in Japan and of material injury resulting therefrom;  Whereas, since the said evidence was sufficient to justify initiating a proceeding, the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of a proceeding concerning imports of such products originating in Japan and commenced an investigation of the matter at Community level;  Whereas the Commission officially so advised the exporters and importers known to be concerned as well as the representatives of the exporting country and the complainants;  Whereas the Commission gave the parties directly concerned the opportunity to make known their views in writing and to be heard orally; whereas all exporters and importers known to be concerned have taken this opportunity;  Whereas, in order to arrive at a preliminary determination of dumping and injury, the Commission sought to obtain and verify all information which it deemed to be necessary;  Whereas the Commission carried out inspections at the premises of the two Japanese producers, Toray Industries Inc. and Honshu Paper Co. Ltd, which together account for the totality of Japanese exports of OPP-T to the Community, and at the premises of the three Tokyo-based trading houses involved in the export transactions concerned, Mitsui and Co. Ltd (selling Toray film), Japan Pulp and Paper Company Ltd, and Gunze Sangyo Inc. (selling Honshu film); whereas the Commission also carried out inspections at the premises of the three importers concerned, Mitsui and Co. Ltd (London branch), United Kingdom and Mitsui and Co. Europe GmbH and Gunze (Duesseldorf) GmbH, Federal Republic of Germany, as well as at the premises of the two Community manufacturers Kalle in Germany and Safidiep in France; whereas the Commission obtained additional information from a third Community producer, Kopafol, in the Federal Republic of Germany, who started production in the second half of 1981 only;  Whereas, for its determination of dumping, the Commission selected as an investigation period that of 1 June 1980 to 31 May 1981 and, in view of the fact that OPP-T of many different thicknesses is exported to the Community, it considered that those types of film which, for each of the two producers concerned, were the most important ones and covered more than 85 % of the volume exported, would provide a representative sample; whereas the Commission based its findings, therefore, on exports of Toray product having a thickness of eight and 10 microns and on exports of Honshu product of a thickness of seven, eight and 10 microns;  Whereas, in determining the normal value for the products in question, the Commission had to take account of the fact that no film of a thickness of seven, eight or 10 microns produced by Toray or Honshu has been sold to independent buyers on the Japanese market with the exception of a very small quantity sold by Toray to one Japanese metallizer with whom they had a special processing arrangement; whereas the Commission considered these sales as not having been made in the ordinary course of trade;  Whereas no price information concerning third country export sales of Toray product was made available to the Commission; whereas, during the investigation period, Honshu product has not been sold in any significant quantities to third country markets; whereas, under these circumstances, the Commission sought to establish normal value on the basis of constructed value;  Whereas, in the case of Toray, constructed value was established by taking their cost of materials and manufacture and by adding the amount for overheads shown in the company's accounts as well as a 6 % profit margin considered to be reasonable by the company;  Whereas Honshu did not provide the necessary information on constructed value nor allow the Commission investigators to inspect their accounts; whereas the Commission, therefore, had to make its findings on the basis of the facts available; whereas, for this purpose, the Commission established a hypothetical ex-factory home market price for film of a thickness of seven, eight and 10 microns by extrapolation on the basis of the home market price payable for Honshu film having thicknesses immediately below and above the thickness relevant for export;  Whereas these normal values were compared, transaction by transaction, at ex-works level with the prices paid for the products sold for export to the Community; whereas for the purpose of a fair comparison between normal value and export prices, account was taken in the case of Toray of differences between terms of payment and packaging costs for home market and export sales as well as of differences between direct selling expenses on domestic and export markets, where such differences could be clearly demonstrated to the satisfaction of the Commission;  Whereas, in the case of Honshu, account was taken of differences between credit terms for domestic and export sales; whereas no allowance was made for alleged differences in cost of production of product exported and product sold on domestic market because the company did not permit inspection of its accounts necessary to verify these allegations;  Whereas this comparison showed that sales for export to the Community made by Toray during the investigation period were dumped at varying rates, in some instances up to 31 %, the weighted average margin being 1;07 %; whereas it also showed that all sales made by Honshu were dumped, the weighted average margin being 53;4 %;  Whereas the Commission also investigated whether dumping had been practised by Mitsui and Gunze Sangyo, which were selling Toray and Honshu product to the Community; whereas, during the investigation period, neither Mitsui nor Gunze Sangyo have been making sales of OPP-T having a thickness of seven, eight or 10 microns on the domestic market nor was any evidence on Mitsui's third country export prices for these products made available to the Commission; whereas, for these reasons, the Commission based its dumping finding in respect of Mitsui on Toray's normal value, and in respect of Gunze Sangyo on Honshu's normal value;  Whereas, in respect of export prices practised by these trading houses, the Commission had to take account of the fact that both companies have been selling the products concerned to their subsidiaries in the Community; whereas, under these circumstances, their export prices were constructed on the basis of the prices at which the imported products were first resold to independent buyers in the Community, allowance being made for all costs incurred between importation and resale, including transport in the Community, insurance, customs duties, cost of credit granted to the Community customers, commissions paid, a reasonable margin for selling, general and administrative costs of the subsidiaries and a profit margin of 2;8 %; whereas this margin which appears to be reasonable corresponds to the profit realized on OPP-T sales made during the investigation period by one of the three importers and was the only evidence available to the Commission;  Whereas Mitsui's and Gunze Sangyo's export prices were compared, transaction by transaction, on an ex-factory basis, with the respective normal values;  Whereas these comparisons show that sales for export to the Community made by Mitsui were dumped at varying margins, in some instances up to 27 %, the weighted average margin being 1;3 %, and that all sales made for export to the Community by Gunze Sangyo were dumped, the weighted average margin being 86;4 %;  Whereas, with regard to the injury caused by the dumped imports to the Community industry, the evidence available to the Commission during the preliminary investigation showed that total imports of OPP-T from Japan increased from 738 tonnes in 1978 to 1 305 tonnes in 1980 and dropped to 499 tonnes in the first half of 1981; whereas, although consumption of the products concerned in the Community increased by approximately 75 % between 1978 and 1980, the market share of Japanese imports remained relatively stable, varying between 32;2 and 36 %; Whereas, during the investigation period, the resale prices of imported Japanese film of the most common type, having a thickness of eight microns and accounting for more than half of Community consumption, were very low and forced Community producers to align their prices downward in order to maintain a certain market share; whereas the price-depressing effect of these low-priced imports was particularly strong in Italy, one of the main markets in the Community; whereas, in 1981, weighted average resale prices of these imports were in some instances more than 30 % below the price level necessary for Community producers to cover their costs and to make a reasonable profit;  Whereas the consequent impact on the Community industry has contributed to the fact that producers of OPP-T in the Community made serious losses and were unable to sell their product at profitable prices;  Whereas the Commission has considered whether injury has been caused by other factors such as volume and prices of undumped imports or overcapacity of Community producers, which individually or in combination are also adversely affecting the industry concerned; whereas, however, the substantial quantity of dumped imports accounting for approximately half of total imports of the products in question, the prices at which they were offered for sale in the Community and the fact that the price-depressing effect of imports was particularly strong in those markets of the Community, where all imports have been dumped at particularly high margins, led the Commission to determine that the dumped imports of OPP-T originating in Japan taken in isolation have caused injury to the Community industry concerned which has to be qualified as being material;  Whereas all exporters and importers concerned were informed of the findings of the investigation and commented on them; whereas subsequently Honshu Paper Co. Ltd and Gunze (Duesseldorf) GmbH, acting as subsidiary of Gunze Sangyo, have undertaken to increase theur prices to a level sufficient to eliminate the injurious effects of the dumping margins found; whereas Toray Industries Inc. and Mitsui and Co. Ltd have also offered undertakings which would prevent a recurrence of injury to Community producers;  Whereas the Commission has therefore determined that it is not now necesssary to take protective action in respect of imports of treated polypropylene film for electrical capacitors originating in Japan and has decided to accept the undertakings offered and to terminate the proceedings without the imposition of anti-dumping duties,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the undertakings offered in connection with the anti-dumping proceedings concerning treated polypropylene film for electrical capacitors originating in Japan.  Article 2  The anti-dumping proceedings concerning imports of treated polypropylene film for electrical capacitors originating in Japan is hereby terminated.  Done at Brussels, 14 June 1982.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No C 155, 24. 6. 1981, p. 2.


title: 76/922/EEC: Commission Decision of 22 December 1976 concerning the nomination of members of the Advisory Committee on Customs Matters

text:
 No L 362/56                          Official Journal of the European Communities                         31 . 12. 76
                                                COMMISSION DECISION
                                                   of 22 December 1976
               concerning the nomination of members of the Advisory Committee on Customs
                                                           Matters
                                                        (76/922/EEC)
 THE COMMISSION OF THE EUROPEAN                                  Mr J. Van Gelderen (N), representatives of industry,
 COMMUNITIES,
                                                                 Mr A. Christopher (GB), representative of workers,
 Having regard to the Treaty establishing the European
 Economic Community,                                             Mr R. Miiller (D), representative of other parties
                                                                 concerned with customs matters.
 Having regard to the Commission Decision of 7
 November 1973 on setting up an Advisory Committee
 on Customs Matters (!), and in particular Article 4 (2)
 thereof,
                                                                                Article 2
 Whereas, by the Decision of 21 December 1976 (2),
 the Commission amended the composition of the
 Advisory Committee on Customs Matters ; whereas
 this amendment has caused the nomination of three               This Decision shall enter into force on 1 January
                                                                 1977.
 new members of the Committee ;
 Whereas, in compliance with the provisions of the
 second subparagraph of Article 4 of the Commission
 Decision on setting up an Advisory Committee on
 Customs Matters, the professional organizations
 concerned have proposed, for each of the allotted
 places, two candidates of different nationalities from          Done at Brussels, 22 December 1976.
 within the Member States of the Community,
 HAS DECIDED AS FOLLOWS :
                                                                                For the Commission
                          Article 1
                                                                                Finn GUNDELACH
 The following shall be nominated members of the
 Consultative Committee on Customs Matters :                                         Member of the Commission
C ) OJ No L 321 , 22. 11 . 1973, p. 37.
(2) See page 55 of this Official Journal .


title: Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network

text:
               24.12.2008

               EN

               Official Journal of the European Union

               L 348/130

      COUNCIL DECISION 2008/976/JHA
   of 16 December 2008
   on the European Judicial Network
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,
   Having regard to the initiative of the Kingdom of Belgium, the Czech Republic, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               By Joint Action 98/428/JHA (2), the Council set up the European Judicial Network which has demonstrated its usefulness in the facilitation of judicial cooperation in criminal matters.

               (2)

               In accordance with Article 6 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (3), mutual legal assistance takes place through direct contacts between competent judicial authorities. This decentralisation of mutual legal assistance is now widely implemented.

               (3)

               The principle of mutual recognition of judicial decisions in criminal matters is being implemented gradually. It not only confirms the principle of direct contacts between competent judicial authorities, it also accelerates the procedures and makes them entirely judicial.

               (4)

               The impact of these changes on judicial cooperation was further increased by the enlargement of the European Union in 2004 and 2007. Because of this evolution, the European Judicial Network is even more necessary than at the time of its creation and should therefore be strengthened.

               (5)

               By Decision 2002/187/JHA (4), the Council set up Eurojust to improve coordination and cooperation between competent authorities of the Member States. Decision 2002/187/JHA provides that Eurojust is to maintain privileged relations with the European Judicial Network based on consultation and complementarity.

               (6)

               Five years of coexistence of Eurojust and the European Judicial Network have demonstrated both the need to maintain the two structures and the need to clarify their relationship.

               (7)

               Nothing in this Decision should be construed to affect the independence that contact points may have under national law.

               (8)

               It is necessary to strengthen judicial cooperation between the Member States and to allow contact points of the European Judicial Network and Eurojust for this purpose to communicate, whenever needed, directly and more efficiently through a secure telecommunications connection.

               (9)

               Joint Action 98/428/JHA should therefore be repealed and replaced by this Decision,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Creation
   The network of judicial contact points set up between the Member States under Joint Action 98/428/JHA, hereinafter referred to as the ‘European Judicial Network’, shall continue to operate in accordance with the provisions of this Decision.
   Article 2
   Composition
   1.   The European Judicial Network shall be made up, taking into account the constitutional rules, legal traditions and internal structure of each Member State, of the central authorities responsible for international judicial cooperation and the judicial or other competent authorities with specific responsibilities within the context of international cooperation.
   2.   One or more contact points of each Member State shall be established in accordance with its internal rules and internal division of responsibilities, care being taken to ensure effective coverage of the whole of its territory.
   3.   Each Member State shall appoint, among the contact points, a national correspondent for the European Judicial Network.
   4.   Each Member State shall appoint a tool correspondent for the European Judicial Network.
   5.   Each Member State shall ensure that its contact points have functions in relation to judicial cooperation in criminal matters and adequate knowledge of a language of the European Union other than its own national language, bearing in mind the need to be able to communicate with the contact points in the other Member States.
   6.   Where the liaison magistrates referred to in Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union (5) have been appointed in a Member State and have duties analogous to those assigned by Article 4 of this Decision to the contact points, they shall be linked to the European Judicial Network and to the secure telecommunications connection pursuant to Article 9 of this Decision by the Member State appointing the liaison magistrate in each case, in accordance with the procedures to be laid down by that Member State.
   7.   The Commission shall designate a contact point for those areas falling within its sphere of competence.
   8.   The European Judicial Network shall have a Secretariat which shall be responsible for the administration of the Network.
   Article 3
   Manner of operation of the Network
   The European Judicial Network shall operate in particular in the following three ways:

               (a)

               it shall facilitate the establishment of appropriate contacts between the contact points in the various Member States in order to carry out the functions laid down in Article 4;

               (b)

               it shall organise periodic meetings of the Member States representatives in accordance with the procedures laid down in Articles 5 and 6;

               (c)

               it shall constantly provide a certain amount of up-to-date background information, in particular by means of an appropriate telecommunications network, under the procedures laid down in Articles 7, 8 and 9.

         Article 4
   Functions of contact points
   1.   The contact points shall be active intermediaries with the task of facilitating judicial cooperation between Member States, particularly in actions to combat forms of serious crime. They shall be available to enable local judicial authorities and other competent authorities in their own Member State, contact points in the other Member States and local judicial and other competent authorities in the other Member States to establish the most appropriate direct contacts.
   They may if necessary travel to meet other Member States contact points, on the basis of an agreement between the administrations concerned.
   2.   The contact points shall provide the local judicial authorities in their own Member State, the contact points in the other Member States and the local judicial authorities in the other Member States with the legal and practical information necessary to enable them to prepare an effective request for judicial cooperation or to improve judicial cooperation in general.
   3.   At their respective level the contact points shall be involved in and promote the organisation of training sessions on judicial cooperation for the benefit of the competent authorities of their Member State, where appropriate in cooperation with the European Judicial Training Network.
   4.   The national correspondent, in addition to his tasks as a contact point referred to in paragraphs 1 to 3, shall in particular:

               (a)

               be responsible, in his Member State, for issues related to the internal functioning of the Network, including the coordination of requests for information and replies issued by the competent national authorities;

               (b)

               be the main person responsible for the contacts with the Secretariat of the European Judicial Network including the participation in the meetings referred to in Article 6;

               (c)

               where requested, give an opinion concerning the appointment of new contact points.

         5.   The European Judicial Network tool correspondent, who may also be a contact point referred to in paragraphs 1 to 4, shall ensure that the information related to his Member State and referred to in Article 7 is provided and updated in accordance with Article 8.
   Article 5
   Purposes and venues of the plenary meetings of contact points
   1.   The purposes of the plenary meetings of the European Judicial Network, to which at least three contact points per Member State shall be invited, shall be as follows:

               (a)

               to allow the contact points to get to know each other and exchange experience, particularly concerning the operation of the Network;

               (b)

               to provide a forum for discussion of practical and legal problems encountered by the Member States in the context of judicial cooperation, in particular with regard to the implementation of measures adopted by the European Union.

         2.   The relevant experience acquired within the European Judicial Network shall be passed on to the Council and the Commission to serve as a basis for discussion of possible legislative changes and practical improvements in the area of international judicial cooperation.
   3.   Meetings referred to in paragraph 1 shall be organised regularly and at least three times a year. Once a year, the meeting may be held on the premises of the Council in Brussels or on the premises of Eurojust in The Hague. Two contact points per Member States shall be invited to meetings organised on the premises of the Council and at Eurojust.
   Other meetings may be held in the Member States, to enable the contact points of all the Member States to meet authorities of the host Member State other than its contact points and visit specific bodies in that Member State with responsibilities in the context of international judicial cooperation or of combating certain forms of serious crime. The contact points participate in these meetings at their own expense.
   Article 6
   Meetings of the correspondents
   1.   The European Judicial Network national correspondents shall meet on an ad hoc basis, at least once a year and as its members deem appropriate, at the invitation of the national correspondent of the Member State which holds the Presidency of the Council, which shall also take account of the Member States wishes for the correspondents to meet. During these meetings, administrative matters related to the Network shall in particular be discussed.
   2.   The European Judicial Network tool correspondents shall meet on an ad hoc basis, at least once a year and as its members deem appropriate, at the invitation of the tool correspondent of the Member State which holds the Presidency of the Council. The meetings shall deal with the issues referred to in Article 4(5).
   Article 7
   Content of the information disseminated within the European Judicial Network
   The Secretariat of the European Judicial Network shall make the following information available to contact points and competent judicial authorities:

               (a)

               full details of the contact points in each Member State with, where necessary, an explanation of their responsibilities at national level;

               (b)

               an information technology tool allowing the requesting or issuing authority of a Member State to identify the competent authority in another Member State to receive and execute its request for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;

               (c)

               concise legal and practical information concerning the judicial and procedural systems in the Member States;

               (d)

               the texts of the relevant legal instruments and, for conventions currently in force, the texts of declarations and reservations.

         Article 8
   Updating of information
   1.   The information distributed within the European Judicial Network shall be constantly updated.
   2.   It shall be each Member State’s individual responsibility to check the accuracy of the data contained in the system and to inform the Secretariat of the European Judicial Network as soon as data on one of the four points referred to in Article 7 need to be amended.
   Article 9
   Telecommunication tools
   1.   The Secretariat of the European Judicial Network shall ensure that the information provided under Article 7 is made available on a website which is constantly updated.
   2.   The secure telecommunications connection shall be set up for the operational work of the contact points of the European Judicial Network. The setting up of the secure telecommunications connection shall be at the charge of the general budget of the European Union.
   The setting up of the secure telecommunications connection shall make possible the flow of data and of requests for judicial cooperation between Member States.
   3.   The secure telecommunications connection referred to in paragraph 2 may also be used for their operational work by the national correspondents for Eurojust, national correspondents for Eurojust for terrorist matters, the national members of Eurojust and liaison magistrates appointed by Eurojust. It may be linked to the Case Management System of Eurojust referred to in Article 16 of Decision 2002/187/JHA.
   4.   Nothing in this Article shall be construed to affect direct contacts between competent judicial authorities as provided for in instruments on judicial cooperation, such as Article 6 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union.
   Article 10
   Relationship between the European Judicial Network and Eurojust
   The European Judicial Network and Eurojust shall maintain privileged relations with each other, based on consultation and complementarity, especially between the contact points of a Member State, the Eurojust national member of the same Member State and the national correspondents for the European Judicial Network and Eurojust. In order to ensure efficient cooperation, the following measures shall be taken:

               (a)

               the European Judicial Network shall make available to Eurojust the centralised information indicated in Article 7 and the secure telecommunications connection set up under Article 9;

               (b)

               the contact points of the European Judicial Network shall, on a case-by-case basis, inform their own national member of all cases which they deem Eurojust to be in a better position to deal with;

               (c)

               the national members of Eurojust may attend meetings of the European Judicial Network at the invitation of the latter.

         Article 11
   Budget
   In order for the European Judicial Network to be able to carry out its tasks, the budget of Eurojust shall contain a part related to the activities of the Secretariat of the European Judicial Network.
   Article 12
   Territorial application
   The United Kingdom shall notify in writing the President of the Council when it wishes to apply this Decision to the Channel Islands and the Isle of Man. A decision on that request shall be taken by the Council.
   Article 13
   Assessment of the operation of the European Judicial Network
   1.   Every second year from 24 December 2008, the European Judicial Network shall report to the European Parliament, the Council and the Commission on its activities and management.
   2.   The European Judicial Network may, in the report referred to in paragraph 1, also indicate any criminal policy problems within the European Union highlighted as a result of the European Judicial Network’s activities and it may also make proposals for the improvement of judicial cooperation in criminal matters.
   3.   The European Judicial Network may also submit any report or any other information on its operation which may be requested by the Council.
   4.   The Council shall, every four years from 24 December 2008, carry out an assessment of the operation of the European Judicial Network on the basis of a report drawn up by the Commission in cooperation with the European Judicial Network.
   Article 14
   Repeal of Joint Action 98/428/JHA
   Joint Action 98/428/JHA is hereby repealed.
   Article 15
   Taking of effect
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 16 December 2008.

            For the Council

            The President

         R. BACHELOT-NARQUIN

      (1)  Opinion delivered on 2 September 2008 (not yet published in the Official Journal).

      (2)  OJ L 191, 7.7.1998, p. 4.

      (3)  OJ C 197, 12.7.2000, p. 3.

      (4)  OJ L 63, 6.3.2002, p. 1.

      (5)  OJ L 105, 27.4.1996, p. 1.


Avis juridique important

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31998D0615

98/615/EC: Council Decision of 22 October 1998 on the conclusion of an agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial compensation provided for in the Agreement between the European Economic Community and the Republic of Madagascar on fishing off Madagascar for the period from 21 May 1998 to 20 May 2001

Official Journal L 295 , 04/11/1998 P. 0031 - 0032

COUNCIL DECISION of 22 October 1998 on the conclusion of an agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial compensation provided for in the Agreement between the European Economic Community and the Republic of Madagascar on fishing off Madagascar for the period from 21 May 1998 to 20 May 2001 (98/615/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Republic of Madagascar on fishing off Madagascar (1), and in particular Article 14 thereof,Having regard to the proposal from the Commission,Whereas, under Article 14 of the above Agreement, the Community and the Republic of Madagascar held negotiations to determine amendments or additions to be made to the Agreement at the end of the period of application of the preceding Protocol to the Agreement;Whereas, as a result of those negotiations, a new Protocol was initialled on 5 March 1998;Whereas, under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Republic of Madagascar for the period from 21 May 1998 to 20 May 2001;Whereas, in order to avoid interruption of fishing activities by Community vessels, it is essential that the said Protocol be approved as quickly as possible; whereas both Contracting Parties have therefore initialled an Agreement in the form of an exchange of letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol previously in force;Whereas the Agreement in the form of an exchange of letters should be approved subject to a definitive decision under Article 43 of the Treaty;Whereas the method for allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the fisheries agreement,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial compensation provided for in the Agreement between the European Economic Community and the Republic of Madagascar on fishing off Madagascar for the period from 21 May 1998 to 20 May 2001, shall be approved on behalf of the Community.The text of the Agreement in the form of an exchange of letters and the Protocol are attached to this Decision.Article 2 The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:(a) Tuna seiners:>TABLE>(b) Surface longliners:>TABLE>If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3 The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community.Done at Luxembourg, 22 October 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ L 73, 18. 3. 1986, p. 26.


Avis juridique important

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31997D0467

97/467/EC: Commission Decision of 7 July 1997 drawing up provisional lists of third country establishments from which the Member States authorize imports of rabbit meat and farmed game meat (Text with EEA relevance)

Official Journal L 199 , 26/07/1997 P. 0057 - 0061

COMMISSION DECISION of 7 July 1997 drawing up provisional lists of third country establishments from which the Member States authorize imports of rabbit meat and farmed game meat (Text with EEA relevance) (97/467/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Decision 97/34/EC (2), and in particular Article 2 (1) and Article 7 thereof,Whereas Commission Decision 94/278/EC (3), as last amended by Decision 96/344/EC (4), draws up a list of third countries from which the Member States authorize imports of rabbit meat;Whereas a list of third countries from which the Member States authorize imports of farmed game meat has been drawn up pursuant to Council Directive 92/118/EEC (5), as last amended by Directive 96/90/EC (6);Whereas, for many of the countries on that list the animal health and veterinary certification requirements for importation of rabbit meat and farmed game meat products have been laid down in Commission Decision 97/219/EC (7);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in rabbit meat and farmed game meat from those countries, it is necessary to grant them a further period during which Member States will be able to continue to import rabbit meat and farmed game meat from the establishments they have recognized under the reservation that the trade in these meats will be limited to the national market; whereas during that further period the Commission will collect from those countries the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Decision 95/408/EC;Whereas, concerning the Czech Republic, a list of establishments has been drawn up by Commission Decision 97/299/EC (8);Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export rabbit meat and farmed game meat to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import rabbit meat and farmed game meat meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing rabbit meat and farmed game meat can thus be drawn up in respect of certain countries;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1 1. The Member States shall authorize imports of rabbit meat and farmed game meat from the establishments of third countries listed in the Annex hereto.2. Concerning third countries other than those in the Annex, Member States may authorize establishments for import of rabbit meat and farmed game meat up to 1 January 1998.3. Imports of rabbit meat and farmed game meat shall remain subject to the Community veterinary provisions adopted elsewhere.Article 2 This Decision shall apply from 1 July 1997.Article 3 This Decision is addressed to the Member States.Done at Brussels, 7 July 1997.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 243, 11. 10. 1995, p. 17.(2) OJ No L 13, 16. 1. 1997, p. 33.(3) OJ No L 120, 11. 5. 1994, p. 44.(4) OJ No L 133, 4. 6. 1996, p. 28.(5) OJ No L 62, 15. 3. 1993, p. 49.(6) OJ No L 13, 16. 1. 1997, p. 24.(7) OJ No L 88, 3. 4. 1997, p. 45.(8) OJ No L 124, 16. 5. 1997, p. 50.ANEXO - BILAG - ANHANG - ÐÁÑÁÑÔÇÌÁ - ANNEX - ANNEXE - ALLEGATO - BIJLAGE - ANEXO - LIITE - BILAGA LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR Producto: Carne de conejo y carne de caza de cría (*) / Produkt: Kød af kanin og af opdrættet vildt (*) / Erzeugnis: Kaninchenfleisch und Fleisch von Zuchtwild (*) / Ðñïúüí: ÊñÝáò êïõíåëéïý êáé åêôñåöïìÝíùí èçñáìÜôùí (*) / Product: Rabbit meat and farmed game meat (*) / Produit: Viande de lapin et viande de gibier d'élevage (*) / Prodotto: Carni di coniglio e carni di selvaggina d'allevamento (*) / Product: Konijnenvlees en vlees van gekweekt wild (*) / Produto: Carne de coelho e carne de caça de criação (*) / Tuote: Tarhatun riistan ja kanin liha (*) / Varuslag: Kaninkött och kött från vilda djur i hägn (*) (*) = Carne fresca / Fersk kød / Frisches Fleisch / Íùðü ÊñÝáò / Fresh Meat / Viande fraîche / Carni fresche / Vers vlees / Carne fresca / Tuore liha / Färskt kött1 = Referencia nacional / National reference / National-Code / Åèíéêüò áñéèìüò Ýãêñéóçò / National reference / Référence nationale / Riferimento nazionale / Nationale code / Referência nacional / Kansallinen referenssi / Nationell referens2 = Nombre / Navn / Name / Ôßôëïò åãêáôÜóôáóçò / Name / Nom / Nome / Naam / Nome / Nimi / Namn3 = Ciudad / By / Stadt / Ðüëç / Town / Ville / Città / Stad / Cidade / Kaupunki / Stad4 = Región / Region / Region / Ðåñéï÷Þ / Region / Région / Regione / Regio / Região / Alue / Region5 = Actividad / Aktivitet / Tätigkeit / Åßäïò åãêáôÜóôáóçò / Activity / Activité / Attività / Activiteit / Actividade / Toimintamuoto / VerksamhetSH = Matadero / slagteri / Schlachthof / Óöáãåéïôå÷íéêÞ åãêáôÜóôáóç / slaughterhouse / abattoir / macello / Slachthuis / matadouro / teurastamo / SlakteriCP = Sala de despiece / opskæringsvirksomheder / Zerlegungsbetrieb / ÅñãáóôÞñéï ôåìá÷éóìïý / cutting plant / découpe / sala di sezionamento / Uitsnijderij / sala de corte / leikkaamo / StyckningsanläggningCS = Almacén frigorífico / frysehus / Kühlhaus / ØõêôéêÞ åãêáôÜóôáóç / cold store / entreposage / deposito frigorifero / Koelhuis / armazém frigorífico / kylmävarasto / Kyl- och fryshus6 = Menciones especiales / Særlige bemærkninger / Spezielle Bemerkungen / ÅéäéêÝò ðáñáôçñÞóåéò / Special remarks / Mentions spéciales / Note particolari / Bijzondere opmerkingen / Menções especiais / Erikoismainintoja / Anmärkningara = Conejo / kanin / Kaninchen / êïõíÝëé, êïõíÝëéá / rabbit / lapin / coniglio / Konijn / coelho / kanit / Kaninb = Biungulados / klovbærende dyr / Paarhufer / äß÷çëá / bi-ungulates / biongulés / biungulati / Tweehoevigen / biungulados / sorkkaeläimet / Klövdjurc = Aves de caza silvestres / opdrættet fjervildt / Zuchtfederwild / åêôñåöüìåíá ðôåñùôÜ èçñÜìáôá / farmed game birds / gibier d'élevage à plumes / selvaggina da penna di allevamento / Gekweekt vederwild / aves de caça de criação / tarhatut riistalinnut / Vildfågel i hägnd = Otros mamíferos / andre landlevende dyr / andere Landsäugetiere / Üëëá ÷åñóáßá èçëáóôéêÜ / other land mammals / autres mammifères terrestres / altri mammiferi terrestri / Andere landzoogdieren / outros mamíferos terrestres / muut maalla elävät nisäkkäät / Andra landdäggdjure = Estrucioniformes / strudse / Zuchtflachbrustvögel / óôñïõèéïíßäåò / ratites / ratites / ratiti / Loopvogels / ratites / sileälastaiset linnut / RatiterLas instalaciones sólo podrán homologarse sobre una base comunitaria cuando se hayan adoptado los certificados. / Anlæggene kan ikke godkendes på fællesskabsplan før certifikaterne foreligger. / Gemeinschaftsweit zugelassen werden nur ordnungsgemäß abgenommene Betriebe. / Ïé åãêáôáóôÜóåéò äåí èá åãêñßíïíôáé óå êïéíïôéêÞ âÜóç ðñéí áðü ôçí Ýêäïóç ôùí ðéóôïðïéçôéêþí. / Plants will not be approved on a Community basis until certificates have been adopted. / Les établissements ne peuvent être agréés sur une base communautaire avant l'adoption des certificats. / Gli stabilimenti possono essere riconosciuti a livello comunitario soltanto previa adozione dei certificati. / Inrichtingen worden slechts op communautair niveau erkend nadat de certificaten zijn goedgekeurd. / Os estabelecimentos não podem ser aprovados numa base comunitária antes da adopção dos certificados. / Laitokset hyväksytään yhteisön tasolla vasta todistusten antamisen jälkeen. / Anläggningarna kan inte godkännas på gemenskapsnivå innan intygen har antagits.>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>


title: Council Decision (EU) 2016/920 of 20 May 2016 on the signing, on behalf of the European Union, of the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offences

text:
               11.6.2016

               EN

               Official Journal of the European Union

               L 154/1

         COUNCIL DECISION (EU) 2016/920
   of 20 May 2016
   on the signing, on behalf of the European Union, of the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offences
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 3 December 2010, the Council authorised the Commission to open negotiations with the Government of the United States of America (United States) concerning an agreement on the protection of personal data when transferred and processed for the purpose of preventing, investigating, detecting or prosecuting criminal offences, including terrorism.

               (2)

               The negotiations with the Government of the United States have been completed and the text of the Agreement was initialled on 8 September 2015.

               (3)

               The Agreement aims at establishing a comprehensive framework of data protection principles and safeguards when personal information is transferred for criminal law enforcement purposes between the United States, on the one hand, and the European Union or its Member States, on the other. The objective is to ensure a high level of data protection and, thereby, enhance cooperation between the parties. Whilst not being itself the legal basis for any transfer of personal information to the United States, the Agreement supplements, where necessary, data protection safeguards in existing and future data transfer agreements or national provisions authorising such transfers.

               (4)

               The Union has competence covering all the provisions of the Agreement. In particular, the Union has adopted Directive (EU) 2016/680 of the European Parliament and of the Council (1) on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data. Transfers by Member States subject to appropriate safeguards are foreseen by Article 37(1)(a) of that Directive.

               (5)

               In accordance with Article 6a of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU), the United Kingdom and Ireland are not bound by the rules laid down in the Agreement which relate to the processing of personal data by the Member States when carrying out activities which fall within the scope of Chapter 4 or 5 of Title V of Part Three of the TFEU where the United Kingdom and Ireland are not bound by the rules governing the forms of judicial cooperation in criminal matters or police cooperation which require compliance with the provisions laid down in the Agreement.

               (6)

               In accordance with Articles 2 and 2a of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not bound by the rules laid down in the Agreement or subject to their application which relate to the processing of personal data by the Member States when carrying out activities which fall within the scope of Chapter 4 or 5 of Title V of Part Three of the TFEU.

               (7)

               Any notification under Article 27 of the Agreement as regards the United Kingdom, Ireland or Denmark should be done in accordance with the status of those Member States under the relevant provisions of Union law and in close consultation with them.

               (8)

               The Agreement should be signed subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offences is hereby authorised, subject to the conclusion of the said Agreement (2).
   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 date of its adoption.

      Done at Brussels, 20 May 2016.

            For the Council

            The President

         K.H.D.M. DIJKHOFF

      (1)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

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


Avis juridique important

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31976Y0226(03)

Decision No 101 of 29 May 1975 concerning the date to be taken into consideration when determining the rates of conversion to be applied when calculating certain benefits

Official Journal C 044 , 26/02/1976 P. 0003 - 0004 Spanish special edition: Chapter 05 Volume 2 P. 0078  Portuguese special edition Chapter 05 Volume 2 P. 0078

DECISION No 101 of 29 May 1975 concerning the date to be taken into consideration when determining the rates of conversion to be applied when calculating certain benefits   THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all administrative questions arising from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72,  Having regard to Articles 12 (2), (3) and (4) ; 19 (1) (b), last sentence ; 22 (1) (ii), last sentence ; 25 (1) (b), penultimate sentence ; 41 (1) (c) and (d) ; 46 (3) and (4) ; 50 ; 51 (2) ; 52 (b), last sentence ; 55 (1) (ii), last sentence ; 70 (1), first subparagraph ; 71 (1) (b) (ii), penultimate sentence of Regulation (EEC) No 1408/71, and Articles 34 (1) and 107 (1) and (4) of Regulation (EEC) No 574/72 as last amended by Regulation (EEC) No 2639/74,  Whereas Decision No 14 of 20 November 1959, published in the Official Journal of the European Communities of 27 February 1960, has become invalid on the entry into force of Regulations (EEC) No 1408/71 and (EEC) No 574/72;  Whereas, taking into account the provisions of the said Regulations, there are grounds for adopting a new Decision concerning the date to be taken into consideration when determining the rates of conversion to be applied when calculating certain benefits,  HAS DECIDED AS FOLLOWS:       1. When implementing Articles 12 (2), (3) and (4) ; 41 (1) (c) and (d) ; 46 (3) and (4) ; 50 and 51 (2) of Regulation (EEC) No 1408/71, the date to be taken into consideration for the purpose of determining the rate of conversion shall be that from which these provisions must be applied in respect of the person concerned.       2. When implementing Articles 19 (1) (b), last sentence ; 22 (1) (ii), last sentence ; 25 (1) (b), penultimate sentence ; 52 (b), last sentence ; 55 (1) (ii), last sentence of Regulation (EEC) No 1408/71, the conversion of the amount to be paid to the person concerned shall be made at the rate of conversion applicable for the month during which payment is authorized by the competent institution.       3. When implementing Articles 70 (1), first subparagraph ; 71 (1) (b) (ii), penultimate sentence, of Regulation (EEC) No 1408/71, the conversion of the amount to be paid to the person concerned shall be made at the rate of conversion applicable in the course of the month in which the institution referred to in Article 70 (1), first subparagraph of Regulation (EEC) No 1408/71, draws up the payment order for benefits.       4. When implementing Article 34 (1) of Regulation (EEC) No 574/72, the rate of conversion to be taken into consideration shall be that in force on the day on which the competent institution decides to refund expenses incurred by the person concerned.       5. For pensions to which a right was acquired before 1 January 1975 and which have not been put into  payment by the date of entry into force of the present Decision, the rate of conversion to be taken into consideration shall be that applicable on 1 January 1975 in accordance with Article 107 (1) of Regulation (EEC) No 574/72 as amended by Regulation (EEC) No 2639/74.       6. This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.           The Chairman of the Administrative Commission  F. HYNES