title: 2007/145/EC: Council Decision of 27 February 2007 amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditors of the Oesterreichische Nationalbank

text:
               2.3.2007

               EN

               Official Journal of the European Union

               L 64/35

      COUNCIL DECISION

   of 27 February 2007
   amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditors of the Oesterreichische Nationalbank
   (2007/145/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/2006/29 of the European Central Bank of 21 December 2006 to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank (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)

               Pursuant to Article 37(1) of the Federal Act on the Oesterreichische Nationalbank, the General Meeting of the Oesterreichische Nationalbank (OeNB) must elect two auditors and two alternate auditors each year. The alternate auditors will be mandated only in the event that the auditors are not able to perform the audit.

               (3)

               On 14 March 2006 the Council of the European Union, having regard to Recommendation ECB/2006/1 of 1 February 2006 to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank (2), approved KPMG Alpen-Treuhand GmbH and TPA Horwath Wirtschaftsprüfung GmbH as joint external auditors, and Moore Stephens Austria Wirtschaftsprüfungsgesellschaft mbH and BDO Auxilia Treuhand GmbH as joint alternate auditors for the financial year 2006 (3).

               (4)

               On 8 September 2006 the OeNB informed the ECB that at the OeNB's General Meeting in May 2006, KPMG Alpen-Treuhand GmbH did not obtain the majority of votes necessary to be selected and, that as a consequence thereof, the second ranked auditor, TPA Horwath Wirtschaftsprüfung GmbH, was appointed first auditor. The first ranked alternate auditor, Moore Stephens Austria Wirtschaftsprüfungsgesellschaft mbH, was appointed second auditor and the second ranked alternate auditor, BDO Auxilia Treuhand GmbH, was appointed as the sole alternate auditor. To appoint the necessary second alternate auditor, the OeNB conducted a restricted procurement procedure, selected Ernst & Young Wirtschaftsprüfungs GmbH and invited the ECB to recommend it to the Council of the European Union for approval.

               (5)

               The approval of the Council of the European Union is necessary to appoint Moore Stephens Austria Wirtschaftsprüfungsgesellschaft mbH as the second external auditor and Ernst & Young Wirtschaftsprüfungs GmbH as the second alternate external auditor of the OeNB.

               (6)

               The Governing Council of the ECB recommended that the mandate of the external auditors should be renewed on a yearly basis, not exceeding a total term of five years.

               (7)

               It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (4) accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Article 1(9) of Decision 1999/70/EC shall be replaced by the following:

      ‘9.   TPA Horwath Wirtschaftsprüfung GmbH and Moore Stephens Austria Wirtschaftsprüfungsgesellschaft mbH are hereby approved jointly as the external auditors of the OeNB for the financial year 2006.
      BDO Auxilia Treuhand GmbH and Ernst & Young Wirtschaftsprüfungs GmbH are hereby approved jointly as the alternate external auditors of the OeNB for the financial year 2006.
      This mandate may be renewed on a yearly basis, not exceeding a total term of five years, ending with the financial year 2010 at the latest’.

   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, 27 February 2007.

            For the Council

            The President

         P. STEINBRÜCK

      (1)  OJ C 5, 10.1.2007, p. 1.

      (2)  OJ C 34, 10.2.2006, p. 30.

      (3)  OJ L 79, 16.3.2006, p. 25.

      (4)  OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2007/97/EC (OJ L 42, 14.2.2007, p. 24).


title: Council Decision of 30 January 1975 on transitional measures to be applied after 31 January 1975 in relations with the overseas countries and territories

text:
31 . 1 . 75                      Official Journal of the European Communities                         No L 26/9
                                              COUNCIL DECISION
                                               of 30 January 1975
            on transitional measures to be applied after 31 January 1975 in relations with the
                                         overseas countries and territories
                                                   (75/ 89/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Article 136 thereof;
            "Whereas Council Decision No 70/549/EEC of 29 September 1970 on the association
            of the overseas countries and territories with the European Economic Community
            expires on 31 January 1975 ;
            Whereas the provisions which are to replace this Decision cannot enter into force until
            after that date;
             Whereas, pending the entry into force of these provisions, this Decision should be
             maintained in force provisionally ;
             Whereas, pursuant to Article 119 of the Act of Accession, the arrangements resulting
             from Decision No 70/549/EEC shall not apply in relations between those countries
             and territories and the new Member States ; whereas, pursuant to Article 119 (3 ) of the
             Act of Accession, the Council, by Decision No 75/88/EEC of 30 January 1975 , has
             extended these arrangements until expiry of the period during which the transitional
             measures are applied,
             HAS DECIDED AS FOLLOWS :
                                                    Sole Article
             Council Decision No 70/549/EEC and its Annexes, and the arrangements adopted for
             their implementation, shall remain applicable beyond 31 January 1975 until the entry
             into force of the provisions which are to replace this Decision or until 31 July 1975 ,
             whichever is the earlier.
             Done at Brussels, 30 January 1975 .
                                                                            For the Council
                                                                             The President
                                                                            G. FITZGERALD


( UNOFFICIAL ENGLISH TRANSLATION ) DECISION NO. 30 OF 27 OCTOBER 1960 CONCERNING THE APPLICATION OF ARTICLE 29, PARAGRAPH ( 2 ) OF REGULATION NO. 4 FOR CALCULATING CERTAIN BELGIAN AND DUTCH PENSIONS


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31981D0558

81/558/EEC: Council Decision of 13 July 1981 adjusting the amounts made available to the European Development Fund (1979) for the ACP States and for the overseas countries and territories (Saint Vincent and the Grenadines, Republic of Vanuatu)

Official Journal L 203 , 23/07/1981 P. 0047

****( 1 ) OJ NO L 347 , 22 . 12 . 1980 ,. P . 210 .  ( 2 ) OJ NO L 176 , 1 . 12 . 1976 , P . 8 .  ( 3 ) OJ NO L 347 , 22 . 12 . 1980 , P . 1 .    COUNCIL DECISION   OF 13 JULY 1981   ADJUSTING THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND ( 1979 ) FOR THE ACP STATES AND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( SAINT VINCENT AND THE GRENADINES , REPUBLIC OF VANUATU )  ( 81/558/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE 1979 INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 1 ), HEREINAFTER REFERRED TO AS THE ' INTERNAL AGREEMENT ' , AND IN PARTICULAR ARTICLE 1 ( 4 ) THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS SAINT VINCENT , WHICH WAS ASSOCIATED WITH THE COMMUNITY UNDER COUNCIL DECISION 76/568/EEC OF 29 JUNE 1976 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 2 ), BECAME INDEPENDENT ON 27 OCTOBER 1979 UNDER THE NAME OF SAINT VINCENT AND THE GRENADINES ; WHEREAS , PURSUANT TO THE THIRD SUBPARAGRAPH OF ARTICLE 1 OF COUNCIL REGULATION ( EEC ) NO 3225/80 OF 25 NOVEMBER 1980 ON THE CONCLUSION OF THE SECOND ACP-EEC CONVENTION SIGNED AT LOME ON 31 OCTOBER 1979 ( 3 ), SAINT VINCENT AND THE GRENADINES ARE CONSIDERED A SIGNATORY STATE OF THE SECOND ACP-EEC CONVENTION , HEREINAFTER REFERRED TO AS  ' THE CONVENTION ' ; WHEREAS SAINT VINCENT AND THE GRENADINES HAVE NOTIFIED THE CONVENTION , WHICH ENTERED INTO FORCE ON 1 JANUARY 1981 ;   WHEREAS THE NEW HEBRIDES , WHICH WAS ASSOCIATED WITH THE COMMUNITY UNDER COUNCIL DECISION 76/568/EEC , BECAME INDEPENDENT ON 30 JULY 1980 UNDER THE NAME OF THE REPUBLIC OF VANUATU ; WHEREAS THE ACP-EEC COUNCIL OF MINISTERS APPROVED , BY DECISION NO 1/81 , THE REQUEST OF THE REPUBLIC OF VANUATU TO ACCEDE TO THE CONVENTION ; WHEREAS THAT STATE DEPOSITED AN INSTRUMENT OF ACCESSION WITH THE SECRETARIAT OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ON 18 MARCH 1981 ; WHEREAS THE REPUBLIC OF VANUATU THEREFORE ACCEDED TO THE CONVENTION , IN ACCORDANCE WITH ARTICLE 185 THEREOF , ON 18 MARCH 1981 ;   WHEREAS THEREFORE IN ACCORDANCE WITH ARTICLE 1 ( 4 ) OF THE INTERNAL AGREEMENT , THE AMOUNTS INDICATED FOR THE OVERSEAS COUNTRIES AND TERRITORIES IN ARTICLE 1 ( 3 ) ( B ) OF THAT AGREEMENT SHOULD BE REDUCED , AND THE AMOUNTS INDICATED FOR THE ACP STATES IN ARTICLE 1 ( 3 ) ( A ) THEREOF SHOULD BE CORRESPONDINGLY INCREASED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   ARTICLE 1 ( 3 ) OF THE INTERNAL AGREEMENT SHALL BE REPLACED BY THE FOLLOWING :   ' 3 .  THE AMOUNT STATED IN PARAGRAPH 2 SHALL BE ALLOCATED AS FOLLOWS :  ( A ) 4 552 MILLION ECU FOR THE ACP STATES , COMPRISING :   -  2 938 MILLION ECU IN THE FORM OF GRANTS ,   -  504 MILLION ECU IN THE FORM OF SPECIAL LOANS ,   -  280 MILLION ECU IN THE FORM OF RISK CAPITAL ,   -  550 MILLION ECU IN THE FORM OF TRANSFERS PURSUANT TO TITLE II ( CHAPTER 1 ) OF THE CONVENTION ,   -  280 MILLION ECU IN THE FORM OF THE SPECIAL FINANCING FACILITY PURSUANT TO TITLE III , CHAPTER 1 OF THE CONVENTION ;  ( B ) 75 MILLION ECU FOR THE COUNTRIES AND TERRITORIES , COMPRISING :   -  41 MILLION ECU IN THE FORM OF GRANTS ,   -  27 MILLION ECU IN THE FORM OF SPECIAL LOANS ,   -  7 MILLION ECU IN THE FORM OF RISK CAPITAL ,   -  FOR THE RECORD IN THE FORM OF THE SPECIAL FINANCING FACILITY PURSUANT TO THE PROVISIONS OF THE DECISION RELATING TO MINING PRODUCTS ;  ( C ) 9 MILLION ECU IN THE FORM OF TRANSFERS FOR THE COUNTRIES AND TERRITORIES , PURSUANT TO THOSE PROVISIONS OF THE DECISION WHICH CONCERN THE SYSTEM FOR STABILIZING EXPORT EARNINGS . '   ARTICLE 2   THIS DECISION SHALL APPLY WITH EFFECT FROM 1 MAY 1981 .   DONE AT BRUSSELS , 13 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   LORD CARRINGTON


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31981D0190

81/190/Euratom, EEC: Council Decision of 26 March 1981 appointing a member of the Economic and Social Committee

Official Journal L 088 , 02/04/1981 P. 0034 - 0034

****  COUNCIL DECISION   OF 26 MARCH 1981   APPOINTING A MEMBER OF THE ECONOMIC AND SOCIAL COMMITTEE  ( 81/190/EURATOM , EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 193 TO 195 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLES 165 TO 167 THEREOF ,   HAVING REGARD TO THE CONVENTION ON CERTAIN INSTITUTIONS COMMON TO THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 5 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 19 SEPTEMBER 1978 APPOINTING THE MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE FOR THE PERIOD ENDING ON 18 SEPTEMBER 1982 ,   WHEREAS A MEMBER ' S SEAT ON THE ECONOMIC AND SOCIAL COMMITTEE HAS BECOME VACANT FOLLOWING THE RESIGNATION OF MR GEORGES CROESE , WHICH WAS NOTIFIED TO THE COUNCIL ON 15 OCTOBER 1980 ,   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 24 FEBRUARY 1981 ,   HAVING OBTAINED THE OPINION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR ANDRE DUNET IS HEREBY APPOINTED MEMBER OF THE ECONOMIC AND SOCIAL COMMITTEE IN PLACE OF MR CROESE FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 18 SEPTEMBER 1982 .   DONE AT BRUSSELS , 26 MARCH 1981 .   FOR THE COUNCIL   THE PRESIDENT   D . S . TUIJNMAN


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31988D0338

88/338/EEC: Decision of the European Parliament of 13 April 1988 on the discharge to be granted to the Administrative Board of the European Centre for the Development of Vocational Training in respect of the implementation of its appropriations for the 1986 financial year

Official Journal L 156 , 23/06/1988 P. 0060 - 0061

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 13 April 1988  on the discharge to be granted to the Administrative Board of the European Centre for the Development of Vocational Training in respect of the implementation of its appropriations for the 1986 financial year  (88/338/EEC)  THE EUROPEAN PARLIAMENT,  A. having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  B. having regard to the revenue and expenditure accounts of the European Centre for Development of Vocational Training for the 1986 financial year and the report of the Court of Auditors on these accounts (Doc. C 2-274/87),  C. having regard to the decision of the Council (Doc. C 2-10/88),  D. having regard to the report of the Committee on Budgetary Control (Doc. A 2-7/88),  1. Notes the following figures for the accounts of the European Centre for the Development of Vocational Training:  Financial year 1986  1.2 //  // ECU  // Revenue   // 7 332 796,10   // 1. Subsidy from the Commission of the EEC   // 7 290 661,99   // 2. Banks interest   // 26 581,48   // 3. Other   // 15 552,63  // Expenditure   //   // 1. Final budget appropriations   // 7 388 000,00   // 2. Commitments   // 7 332 796,10   // 3. Unused appropriations (1  2)   // 55 203,90   // 4. Payments   // 5 358 690,80   // 5. Carry-overs from 1985 to 1986   // 725 210,53   // 6. Payments against appropriations carried over  // 614 599,44   // 7. Appropriations carried over and cancelled (5  6)   // 110 611,09   // 8. Carry-overs from 1986 to 1987   // 1 974 105,30   // 9. Cancellations (1  4  8)  // 55 203,90  2. Regards the Council's Decision of 7 March 1988 as a recommendation for the grant of discharge to the Administrative Board of the Centre; instructs the Commission to submit proposals for adjustment of the provisions governing the grant of discharge to the Centre which will ensure that the European Parliament's legal position under the Treaties and the Financial Regulation is respected;  3. Calls on the Administration of the Centre, in the interests of more efficient programme management and more transparent accounting, to make a clear distinction between staff and administrative costs, on the one hand, and actual projet expenditure, on the other;  4. Recommends that the Centre should pay greater attention to the supervision and control of its research projects, as suggested by the Court of Auditors;  5. Grants a discharge to the Administrative Board of the European Centre for the Development of Vocational Training on the basis of the report of the Court of Auditors, in respect of the accounts for the 1986 financial year; 6. Instructs its President to communicate this decision to the Administrative Board of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Communities (L series).  Done at Strasbourg, 13 April 1988.  1.2.3 // The Secretary-General Enrico VINCI   //   // The President PLUMB


C 313 E/64                                      Official Journal of the European Union                          EN        20.12.2006
Tuesday 24 October 2006
            P6_TA(2006)0424
            Norway and the EMCDDA *
            European Parliament legislative resolution on the proposal for a Council decision on the conclusion
            of the agreement between the European Community and Norway on the revision of the amount of
            the financial contribution from Norway provided for in the agreement between the European Com-
            munity and the Kingdom of Norway on the participation of Norway in the work of the European
            Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (COM(2006)0115 — C6-0140/2006
                                                          — 2006/0037(CNS))
            (Consultation procedure)
            The European Parliament,
            — having regard to the proposal for a Council decision (COM(2006)0115) (1),
            — having regard to the draft agreement between the European Community and Norway on the revision of
                the amount of the financial contribution from Norway provided for in the agreement between the
                European Community and the Kingdom of Norway on the participation of Norway in the work of
                the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA),
            — having regard to Articles 152 and 300(2), first subparagraph of the EC Treaty,
            — having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council
                consulted Parliament (C6-0140/2006),
            — having regard to Rules 51 and 83(7) of its Rules of Procedure,
            — having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs
                (A6-0330/2006),
            1.    Approves conclusion of the agreement;
            2.    Instructs its President to forward its position to the Council and the Commission, and to the govern-
            ments and parliaments of the Member States and the Kingdom of Norway.
            (1) Not yet published in OJ.
            P6_TA(2006)0425
            Request for waiver of the immunity of Bogdan Golik
            European Parliament decision on the request for waiver of the immunity of Bogdan Golik
                                                           (2006/2218(IMM))
            The European Parliament,
            — having regard to the request for waiver of the immunity of Bogdan Golik, forwarded by the Belgian
                Ministry of Foreign Affairs at the request of the Prosecutor's Office at the Court of Appeal, Brussels on
                7 July 2006, and announced in plenary sitting on 4 September 2006,
            — having heard Bogdan Golik in accordance with Rule 7(3) of its Rules of Procedure, who requested that
                his immunity be waived,
 ---pagebreak--- 20.12.2006        EN                           Official Journal of the European Union                                    C 313 E/65
                                                                                Tuesday 24 October 2006
           — having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the
                European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of
                the members of the European Parliament by direct universal suffrage,
           — having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the
                European Communities,
           — having regard to Rules 6(2) and 7 of its Rules of Procedure,
           — having regard to the report of the Committee on Legal Affairs (A6-0317/2006),
           A. whereas Bogdan Golik was elected to the European Parliament in the sixth elections held on 10 to
                13 June 2004, and whereas his credentials were verified by Parliament on 14 December 2004,
           B.   whereas Bogdan Golik enjoys, in the territory of Member States other than his own, immunity from
                any measure of detention and from legal proceedings under Article 10 of the Protocol on the Privileges
                and Immunities of the European Communities of 8 April 1965,
           C. whereas Bogdan Golik enjoyed that immunity at the material time since Parliament was in session, in
                accordance with the case-law of the Court of Justice cited above,
           1.    Decides to waive the immunity of Bogdan Golik, subject to the proviso that, until such time as final
           sentence, if any, is passed, Bogdan Golik should be immune from any form of detention or remand or any
           other measure which prevents him from performing the duties proper to his mandate;
           2.    Instructs its President to forward this decision, and the report of the committee responsible, immedi-
           ately to the appropriate authority of the Kingdom of Belgium.
           (1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986]
               ECR 2391.
           P6_TA(2006)0426
           Defence of immunity of Mario Borghezio
           European Parliament decision on the request for defence of the immunity and privileges of Mario
                                                   Borghezio (2006/2151(IMM))
           The European Parliament,
           — having regard to the request by Mario Borghezio for defence of his immunity, forwarded by letter of
                23 May 2006 and announced in plenary sitting on 1 June 2006,
           — having heard Mario Borghezio in accordance with Rule 7(3) of its Rules of Procedure,
           — having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of
                the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election
                of the members of the European Parliament by direct universal suffrage,
           — having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the
                European Communities,
           — having regard to Article 68 of the Constitution of the Italian Republic,
           (1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986]
               ECR 2391.


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31990D0196

90/196/EEC: Commission Decision of 10 April 1990 terminating the anti-dumping proceeding concerning imports of methenamine (hexamethylenetetramine) originating in Hungary and Yugoslavia and accepting undertakings offered in connection with the proceeding concerning imports of methenamine (hexamethylenetetramine) originating in Bulgaria, Czechoslovakia, Poland and Romania

Official Journal L 104 , 24/04/1990 P. 0014 - 0018

*****COMMISSION  DECISION  of 10 April 1990  terminating the anti-dumping proceeding concerning imports of methenamine (hexamethylenetetramine) originating in Hungary and Yugoslavia and accepting undertakings offered in connection with the proceeding concerning imports of methenamine (hexamethylenetetramine) originating in Bulgaria, Czechoslovakia, Poland and Romania  (90/196/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 9 and 10 thereof,  After consultation within the Advisory Committee as provided for in Regulation (EEC) No 2423/88,  Whereas:  A. PROCEDURE  (1) In November 1988 the Commission received a complaint alleging that imports of methenamine (hexamethylenetetramine) originating in Bulgaria, Czechoslovakia, Hungary, Poland, Romania and Yugoslavia were dumped and were thereby causing injury to a Community industry.  The complaint was lodged by Conseil Européen des Fédérations de l'Industrie Chimique (CEFIC) on behalf of Community producers representing the majority of Community production of the product in question.  (2) The complaint contained evidence of dumping and of injury which was considered sufficient to justify the initiation of a proceeding.  The Commission accordingly announced, by notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports of methenamine (hexamethylenetetramine) falling within CN code ex 2933 90 10 originating in Bulgaria, Czechoslovakia, Hungary, Poland, Romania and Yugoslavia.  (3) The Commission officially advised the producer/exporters and importers known by the Commission to be concerned and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request to be heard orally by the Commission.  (4) In order to establish normal value on the basis of the situation in an appropriate market economy country the Commission had to contact various companies in different countries. The period necessary to complete the investigation therefore exceeded 12 months.  (5) All complainant Community producers, some of the importers and the producer/exporters from Bulgaria, Czechoslovakia, Hungary, Poland and Romania made known their views in writing. The Bulgarian, Czechoslovakian, Polish and Romanian producer/exporters requested and were granted hearings.  (6) The Commission sought and verified all information it deemed necessary for the purpose of establishing the facts and, in addition to the investigation carried out in Mexico as reference country, inspections were carried out at the premises of the following:  (a) Community producers:  - Ausind SpA, Castellanza Varese, Italy,  - Blagden Chemicals Ltd, Croydon, United Kingdom,  - Degussa, Frankfurt am Main, Germany,  - Société Nationale des Poudres et Explosifs, Paris, France;  (b) Community importers:  - Bulchimex, Deggendorf, Germany.  (7) The Commission gave the different parties known to be concerned the opportunity to inspect all information made available to the Commission. Furthermore, exporters and importers of the product under investigation were informed in conformity with Article 7 (4) of Regulation (EEC) No 2423/88 of the essential facts under consideration, on the basis of which it was intended to impose measures.  (8) The investigation of dumping covered the period from 1 December 1987 to 30 November 1988.  B. PRODUCT UNDER CONSIDERATION / LIKE PRODUCT  (9) Methenamine is a standardized product which is used for specific applications in the chemical industry. The basic chemical and physical properties of the product necessary for its various applications are guaranteed by the producers for the imported products as well as for the European Community or the Mexican products. There are practically no discernible differences between the products of different origin and they are in competition with one another. Therefore, the product from the European Community, Mexico and the exporting countries can be considered as similar.  C. DUMPING  (10) As set out in recital (4), Bulgaria, Czechoslovakia, Hungary, Poland and Romania are non-market economy countries within the meaning of Article 2 (5) of Regulation (EEC) No 2423/88. The Commission therefore had to determine normal value on the basis of the price at which the like product of a market economy third country was actually sold for consumption on the domestic market of that country.  The complainants suggested Yugoslavia. When examining whether this country could serve as reference country, the Commission established that there was no significant production of the product in question in Yugoslavia. It was also not possible to obtain the information necessary to determine a reliable sales price of methenamine on the Yugoslav market. As an alternative the complainants suggested the United States of America or the Japanese markets. Several suitable companies were consulted in the United States and in Japan, however none of these companies was ready to cooperate with the Commission and to supply the information necessary for the determination of normal value.  (11) Finally the Mexican market was proposed. Having established contacts with a representative Mexican manufacturer of methenamine willing to cooperate, the Commission determined that normal value could be established in an appropriate and not unreasonable manner on the basis of the prices at which the like product was sold for consumption on the Mexican market.  (12) The Commission is satisfied that:  - the prices charged by the Mexican producer during the reference period allowed a reasonable but not excessive profit, and that sales were made in substantial quantities,  - there was effective competition on the Mexican internal market of methenamine because of the presence of at least three competitors during the investigation period and no restrictions existed for imports of this product.  (13) Normal value was therefore calculated on the basis of domestic prices in Mexico.  The Bulgarian, Czechoslovakian, Polish and Romanian producer/exporters did not object to this determination.  (14) Export prices were determined on the basis of prices actually paid or payable for the Bulgarian, Czechoslovakian, Polish or Romanian product sold for export to the Community.  (15) In comparing normal value with export prices, the Commission services took account, when circumstances permitted and when sufficient evidence was available of differences affecting price comparability, including transport and insurance costs and payment conditions. All comparisons were made on an ex-works basis.  (16) The comparison showed that Bulgarian, Czechoslovakian, Polish and Romanian imports were being dumped during the reference period. Weighted average dumping margins calcultated as a percentage of the cif price of the product at the Community frontier, excluding customs duties, amounted to: 61,20 % for the Bulgarian product,  52,13 % for the Czechoslovakian product,  42,14 % for the Polish product, and  43,22 % for the Romanian product.  (17) In the view of the finding of no injury in respect of imports from Yugoslavia and Hungary (recital 18) it was not necessary for the Commission to determine whether these imports were dumped.  D. INJURY  (18) The information available to the Commission services revealed that imports from Hungary amounted to 79 tonnes in 1988 and from Yugoslavia to 20 tonnes during the same year. The market share of these imports was less than 0,3 % and 0,1 % respectively. Given the conditions of the market of the product in question, the Commission considers that such low import volumes cannot have had a discernible impact on the Community industry.  The evidence available to the Commission services also revealed that there is no export capacity in Hungary able to threaten Community production and that there is no representative production in Yugoslavia.  Consequently, the Commission is of the opinion that imports from Yugoslavia and Hungary are not capable of contributing to injury.  (19) The Commission examined whether it was appropriate to consider the cumulated impact of the imports from Bulgaria, Czechoslovakia, Poland and Romania. The Commission found that the products under investigation originating in each of these countries were sold during the investigation period through comparable channels of distribution. Furthermore, as set out in recital (9), the products originating in these four countries were similar to the Community products. Consequently, the Commission considered that the products concerned competed with each other and with those of the Community producers in the Community market. For these reasons, the Commission considered that the cumulation of the impacts of the dumped imports of methenamine originating in Bulgaria, Czechoslovakia, Poland and Romania was appropriate provided that the exports from these countries all contribute to injury.  (20) Imports from Bulgaria varied between 1 103 tonnes in 1985 and 722 tonnes in 1988, peaking to 1 127 tonnes in 1987.  Imports from Czechoslovakia varied between 1 509 tonnes in 1985 and 1 493 tonnes in 1988, peaking at 1 832 tonnes in 1986.  Imports from Romania increased from 320 tonnes in 1985 to 370 tonnes in 1987 and to 748 tonnes in 1988.  Imports from Poland increased from 239 tonnes in 1985 to 407 tonnes in 1988.  (21) The corresponding market shares of imports from Bulgaria and Czechoslovakia varied respectively from 4,3 % and 5,9 % in 1985 to 2,6 % and 5,3 % in 1988. The market shares of imports from Poland and Romania increased respectively from 0,9 % and 1,3 % in 1985 to 1,9 % and 2,6 % in 1988.  (22) Total cumulated imports from Bulgaria, Czechoslovakia, Poland and Romania increased from 3 171 tonnes in 1985 to 3 370 tonnes in 1988, developing in line with the increase in consumption and in Community production and sales of the products in question.  The corresponding cumulated market shares of the imports concerned remained practically stable at a significant rate of 12 % throughout the period 1985 to 1988.  (23) The evidence verified by the Commission also indicated that the prices at which the dumped imports from Bulgaria, Czechoslovakia, Poland and Romania were sold in the Community undercut the prices of Community producers during the investigation period significantly.  The price undercutting was calculated in the Member States where Community producers had factories or were selling substantial quantities of methenamine and to which Bulgaria, Czechoslovakia, Poland and Romania were exporting the product concerned. The comparison was made between the price of the dumped product at Community border, duty paid and cleared and the price of the local Community producer adjusted at an ex-works level or the price at which a representative Community producer was selling the product free at the border of the importing country concerned, duty paid and cleared.  The weighted average prices of Bulgarian, Czechoslovakian, Polish and Romanian products were respectively 20,1 %, 22,2 %, 9,8 % and 11,6 % below the prices of comparable products of Community producers.  (24) The Commission found that during the investigation period, the production costs increased sharply. Methenamine is a condensation product of ammonia and formaldehyde, which itself is obtained from methanol. Over the period concerned, the cost of combined methanol and ammonia increased by about 30 %. At the same time, the sales prices of Community producers remained practically stable, pegged down by the presence of the low priced dumped products, which led in some cases to substantial losses or to a reduction of profits in others.  (25) Therefore, the Commission concluded that the dumped imports from Bulgaria, Czechoslovakia, Poland and Romania contributed to injury.  (26) As far as the causal link between the dumped imports and the material injury is concerned, the Commission noted that, since methenamine is a standardized product as stated in recital (9), the buyers' decisions were mainly orientated by the prices at which the products were offered.  The product cannot be held in stock over a long period because of the risk of degradation of its chemical properties and has to be re-treated if it has been in stock for a certain time. Producers are therefore more inclined to make price concessions than to postpone sales if market prices are low. Under these conditions the presence of substantial quantities of dumped products had a decisive influence on the market price in the Community, forcing Community producers to adjust their prices downwards. In certain cases Community producers had to accept prices in order to meet competition of the dumped imports which did not even permit them to recover their variable costs.  Therefore, the Commission considered that the material injury was caused by the dumped imports originating in Bulgaria, Czechoslovakia, Poland and Romania.  (27) The Commission examined whether the injury sustained by the producers concerned was caused by factors other than dumped imports and in particular by imports from other third countries.  From 1986 to 1988 these imports have decreased from 989 tonnes to 583 tonnes while consumption was increasing from 26 735 tonnes to 28 240 tonnes. Their combined market share has decreased from 3,7 % in 1986 to 2,1 % in 1988. In addition, the Commission had no indication that these imports have undercut the Community product prices. The injurious impact, if any, of these imports is therefore to be considered negligible.  E. COMMUNITY INTEREST  (28) Methenamine production in the Community is integrated in large chemical complexes. If the plants are making losses over a long time period there is a strong tendency to abandon this line of production. In the past over-capacity and continuous price depression aggravated by the inflow of dumped products have led to the gradual disappearance of Community production of methenamine. In the absence of protective measures the continuation of production of the four remaining plants in the Community is severely jeopardized in particular in France, Italy and Germany, while the United Kingdom producer seems to be less affected. In consequence, the Community would become more dependent on foreign sources of methenamine, which is used in the production of synthetic resins, rubbers, explosives and pharmaceuticals. Because of the interdependence of certain chemical processes the closure of methenamine plants could, in certain instances, also create considerable problems with regard to dangerous emissions of formaldehyde gas generated in the production of liquid formaldehyde and paraformaldehyde. As formaldehyde gas can be cheaply absorbed in the production of methenamine the closure of these plants would necessitate the installation of separate expensive equipment to remove emissions of formaldehyde and to burn up the waste air.  (29) The Commission also took into account the interests of the users of Bulgarian, Czechoslovakian, Polish and Romanian methenamine and considered that the secondary effects of the necessary price increases will be insignificant. No submission to the contrary was made by or on behalf of Community purchasers of the methenamine concerned.  (30) Given the serious difficulties facing the Community industry concerned, the Commission has concluded in view of the above, that it is in the Community interest to impose protective measures against the imports in question.  (31) Having regard to the injury caused, the Commission intended to impose provisional duties at a rate adequate to remove the injury caused but not exceeding the dumping margins established. A rate equivalent to the price undercuttings found for each exporting country was considered as sufficient to remove the injury caused by imports of methenamine originating in Bulgaria, Czechoslovakia, Poland and Romania. F. UNDERTAKING  (32) The Bulgarian, Czechoslovakian, Polish and Romanian producer/exporters offered undertakings concerning exports to the Community originating in Bulgaria, Czechoslovakia, Poland and Romania respectively.  These undertakings will have the effect of bringing the prices of exports to the Community up to a level or keeping them at a level which the Commission, in view of its considerations referred to in recital (31), considers sufficient to eliminate the injury suffered by the Community industry. Moreover the Commission notes that in case of violation of this price undertaking it can impose immediate provisional duties and the Council can then impose definitive duties based on the facts established in the present investigation, without carrying out new investigations concerning dumping and injury resulting therefrom.  G. CONCLUSION  (33) In the light of the above findings with regard to the imports from Hungary and Yugoslavia, since no injury or threat of injury caused by them was found during the investigation, no action should be taken against the imports concerned and the proceeding should be terminated.  (34) With regard to the imports from Bulgaria, Czechoslovakia, Poland and Romania and on the basis of the preliminary findings, it is considered that the interests of the Community require the imposition of protective measures.  The Commission is of the opinion that the price undertakings offered can be accepted without anti-dumping duties being imposed on imports of the product in question originating in Bulgaria, Czechoslovakia, Poland and Romania.  (35) The Advisory Committee has been consulted with regard to this course of action and has raised no objection to the proposals.  HAS DECIDED AS FOLLOWS:  Article 1  The proceeding concerning imports of methenamine (hexamethylenetetramine) falling within CN code ex 2933 90 10 originating in Hungary and in Yugoslavia is hereby terminated.  Article 2  The undertakings offered by the Bulgarian, Czechoslovakian, Polish and Romanian producer/exporters in the context of an anti-dumping proceeding concerning imports of methenamine (hexamethylenetetramine) falling within CN code ex 2933 90 10, originating in Bulgaria, Czechoslovakia, Poland and Romania are hereby accepted.  Done at Brussels, 10 April 1990.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 322, 15. 12. 1988, p. 8.


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31998D0332

98/332/EC: European Parliament Decision of 31 March 1998 giving discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1996 financial year

Official Journal L 146 , 16/05/1998 P. 0032 - 0033

EUROPEAN PARLIAMENT DECISION of 31 March 1998 giving discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1996 financial year (98/332/EC)THE EUROPEAN PARLIAMENT,- Having regard to the EC Treaty and in particular Article 206 thereof,- Having regard to the statement of accounts of the European Centre for the Development of Vocational Training and the report of the Court of Auditors on this subject (C4-0051/98) (1),- Having regard to the Council Recommendation of 9 March 1998 (C4-0164/98),- Having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A4-0092/98),A. Whereas the Court of Auditors finds that the financial statements for the financial year ended 31 December 1996 are reliable and the underlying transactions are, as a whole, legal and regular,1. Notes the following figures for the accounts of the European Centre for the Development of Vocational Training:>TABLE>2. Asks the Commission's Financial Controller to re-examine the contracting practices of the Centre in the light of the Court of Auditors' comments in order to clarify when it is necessary for it to launch formal specific calls for tender;3. Emphasises that the Centre must obtain compensation from the owner of its temporary premises for improvements carried out at the Centre's expense; asks the director to report to the budgetary authority and to the Court of Auditors on this subject upon expiry of the current rental agreement;4. Reiterates its belief that the mechanism employed for the purchase of the Centre's new premises lacks transparency and guarantees of value for money and is thus unsuitable for a public sector property purchase; asks the Court of Auditors to monitor the progress of this agreement and to report to Parliament in its next annual report on the Centre;5. Takes note of the fact that the decommitment of ECU 1,1 million in the Centre's 1996 budget was due to the fact that during that year it employed only 70 people out of the 81 initially budgeted; notes that the move to Thessaloniki has finally been completed and that working conditions, at least in terms of staffing, are now back to normal;6. Expects the Centre now to be in a position to submit an accurate forecast of its financial needs, so that the budgetary appropriations decided by the authority are fully utilised;7. Reiterates its belief that the Centre can make a valid contribution to the development of a European vocational training policy; would like the Centre in this context to become more involved in the activities of the European Parliament by making its expertise available to its relevant committees;8. Gives discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1996 financial year;9. Instructs its President to forward this decision to the Management Board of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PRIESTLEYThe PresidentJosé María GIL-ROBLES(1) OJ C 393, 29. 12. 1997, p. 1.


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31983D0306

83/306/EEC: Commission Decision of 16 June 1983 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of low carbon ferro-chromium originating in South Africa, Sweden, Turkey and Zimbabwe, and terminating that proceeding

Official Journal L 161 , 21/06/1983 P. 0015 - 0017

*****COMMISSION  DECISION  of 16 June 183  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of low carbon ferro-chromium originating in South Africa, Sweden, Turkey and Zimbabwe, and terminating that proceeding  (83/306/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), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for by that Regulation,  Whereas:  A. Procedure  (1) In November 1982, the Commission was asked by the Fachverband Ferrolegierungen Stahl und Leichtmetallveredler e.V., acting on behalf of a producer established in Germany representing the bulk of Community production of low carbon ferro-chromium, to review the undertakings accepted by the Commission in 1978 in the context of the anti-dumping proceeding in respect of South Africa and Sweden. The Commission also received at the same time a complaint made on behalf of the same Community producer concerning imports originating in Turkey and Zimbabwe. The request for a review and the complaint contained sufficient evidence that dumping was being practised and that material injury was being caused thereby. This evidence was sufficient to justify the initiation of an investigation and the Commission therefore announced, by a notice published in the Official Journal of the European Communities (3), a review of the price undertakings accepted by the Commission in 1978 in the course of the anti-dumping proceeding concerning imports of low carbon ferro-chromium falling within subheading 73.02 ex E I of the Common Customs Tariff (NIMEXE code ex. 73.02-52), originating in South Africa and Sweden, and the initiation of a new anti-dumping proceeding concerning imports of this same product originating in Turkey and Zimbabwe and commenced its investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned as well as the representatives of the exporting countries and the complainant and gave the parties directly concerned an opportunity to make known their views in writing and at an oral hearing.  (3) All the exporters and the majority of the importers known to be concerned took the opportunity to make known their views in writing; the exporters and a number of importers requested and were granted an oral hearing.  (4) The authorized agent of the Turkish producer/ exporter Etibank asked to meet the main Community producer to compere their viewpoints; the Commission was prepared to accede to this request but the Community producer refused to take part in a meeting and it was therefore not possible to organize a comparison of the respective viewpoints.  (5) Certain Community purchasers of the product in question made known their views in writing and asked to be heard by the Commission, which acceded to their requests.  (6) The Commission sought and verified all the information it deemed to be necessary for the purposes of a preliminary determination of dumping and carried out inspections at the premises of the following:  - the Community producer:  Elektrowerk Weisweiler, Duesseldorf, Germany,  - non-Community producers/exporters:  - Ferrolegeringar Trollhaetteverken AB, Stockholm, Sweden,  - Middelburg Steel and Alloys Holdings (PTY) Ltd, Sandton, South Africa,  - Zimbabwe Alloys Ltd, Harare, Zimbabwe,  - the importer:  Société Anonyme des Minerais, Luxembourg, acting on behalf of the Turkish producer/exporter Etibank.  (7) The investigation into the dumping practices covered the period December 1981 to November 1982.  B. Normal Value  (8) In order to establish the normal value for the Turkish and Zimbabwean exporters, the Commission had to take account of the fact that the sales of the like product effected by the Turkish and Zimbabwean exporters on their respective domestic markets do not permit of a valid comparison as the quantities involved are insufficient; in addition, the investigation in South Africa and Sweden revealed that the prices of like products sold by the exporters on their domestic markets had, over a significant period and in respect of substantial quantities, been less than all costs, both fixed and variable, ordinarily incurred in their production. The Commission therefore decided that the normal value for the four exporters concerned should be established on the basis of the constructed value.  (9) The constructed values were established by taking, for the undertakings concerned, the total costs of the materials and manufacture, plus general costs, and adding a profit margin of 4 %, which was considered reasonable in the light of the results achieved by the undertakings in profitable years.  C. Export prices  (10) The export prices were determined on the basis of the prices actually paid or to be paid for the products sold for export to the Community.  D. Comparison  (11) In comparing normal value with export prices, the Commission made allowance, where necessary, for differences affecting the comparability of the prices and, in particular, differences in payment and delivery terms.  (12) All the comparisons were made at the ex-works stage.  E. Margins  (13) The above preliminary examination established that dumping was being practised by the four countries concerned, the margin of dumping being equal to the amount by which the normal value established exceeded the export price to the Community.  (14) The margins thus established vary from 7,2 to 31,7 % depending on the exporting country.  F. Injury  (15) With regard to the injury caused by the dumped imports, the evidence available to the Commission shows that imports into the Community of low carbon ferro-chromium originating in South Africa, Sweden, Turkey and Zimbabwe rose from 17 166 tonnes in 1979 to 23 167 tonnes in 1982, which represents an increase from 21 to 39 % in the market share held by the countries concerned over the same period.  (16) the selling prices of these imported products were below the prices required by the Community producer to cover its costs and ensure a reasonable profit.  (17) With regard to the impact on the situation of the main Community producer, the facts available to the Commission show that the production of the complainant Community producer remained stable during the period under consideration, while its sales of low carbon ferro-chromium fell by 11 % between 1979 and 1982; the stocks of the Community producer, although relatively variable, therefore showed a substantial upward trend.  (18) The profitability of the Community producer of the product in question, which was positive in 1980, became negative in 1981 and fell by a further 89 % in 1982, putting the undertaking, which can no longer meet its financial commitments, in an untenable situation despite its attempts to reduce costs.  (19) The employment figures for the Community producer of the product in question show a 14 % drop in the workforce between 1980 and 1982; a continuation increase in dumped imports from the exporting countries will entail a serious danger of a further 15 % reduction in the number of workers employed at present.  (20) The Commission has also examined the injury caused by other factors, such as the drop in global consumption of the product in question, which, in index terms, fell from 100 in 1979 to 73 in 1982; nevertheless, it has been established that this decline hit Community production harder than the dumped imports and the prices at which the products in question are offered for sale in the Community have caused the Commission to conclude that the effects of the dumped imports of low carbon ferro-chromium originating in South Africa, Sweden, Turkey and Zimbabwe, taken in isolation, must be considered as a source of material injury to the Community producer concerned.  G. Interest of the Community  (21) The main Community users of low carbon ferro-chromium have maintained that the introduction of protective measures was not in the interests of the Community given that this would increase appreciably their costs and would consequently make them less competitive; however, in view of the particularly difficult financial situation which the Community producer must face as regards the production and sale of the product concerned and in order to prevent the closure of its plant, which would make the Community dependent to a large extent on external suppliers, and in view of the relatively minor impact of an increase in the price of this product on the costs of the consuming industry, the Commission has nevertheless concluded that it is in the Community's interests to take such measures.  H. Undertakings  (22) The exporters concerned were informed of the main findings of the preliminary investigation and submitted their comments; undertakings were subsequently offered by Middelburg Steel and Alloys Holdings (PTY) Ltd, Ferrolegeringar Trollhaetteverken AB, Etibank, and Zimbabwe Alloys Ltd, in respect of their exports of low carbon ferro-chromium to the Community.  (23) The undertakings will have the effect of raising prices for imports into the Community to the level which the Commission, after comparing the weighted average of the prices and costs of the Community producer with the costs and special marketing terms of the various importers, considers necessary to eliminate the injury; the increases in question are lower than the dumping margins.  (24) In these circumstances, the undertakings offered are considered acceptable and the proceeding may therefore be terminated without imposition of anti-dumping duties.  (25) No objection was raised by the Advisory Committee to this solution,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Middelburg Steel and Alloys Holdings (PTY) Ltd, Ferrolegeringar Trollhaetteverken AB, Etibank and Zimbabwe Alloys Ltd, in the context of the anti-dumping proceeding concerning imports of low carbon ferro-chromium falling within subheading 73.02 ex E I of the Common Customs Tariff (NIMEXE code ex 73.02-52), originating in South Africa, Sweden, Turkey and Zimbabwe are hereby accepted.  Article 2  The anti-dumping proceeding concerning imports of low carbon ferro-chromium originating in South Africa, Sweden, Turkey and Zimbabwe is hereby terminated.  Done at Brussels, 16 June 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 338, 24. 12. 1982, p. 26.


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31980D0258

80/258/EEC: Council Decision of 21 January 1980 on the conclusion of an Agreement in the form of an exchange of letters providing for the provisional application of two Agreements concerning fisheries in the form of exchanges of letters between the European Economic Community and the Government of Canada

Official Journal L 063 , 08/03/1980 P. 0021

++++COUNCIL DECISION  OF 21 JANUARY 1980  ON THE CONCLUSION OF AN AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS PROVIDING FOR THE PROVISIONAL APPLICATION OF TWO AGREEMENTS CONCERNING FISHERIES IN THE FORM OF EXCHANGES OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF CANADA   ( 80/258/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 103 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  WHEREAS THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF CANADA HAVE CONCLUDED AN AGREEMENT ON FISHERIES WHICH EXPIRES ON 31 DECEMBER 1979 AND A SUPPLEMENTARY AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THAT AGREEMENT ;  WHEREAS NEGOTIATIONS BETWEEN THE PARTIES HAVE BEEN HELD WITH A VIEW TO THE EXTENSION OF THEIR AGREEMENT ON FISHERIES FOR THE YEAR 1980 , AND THE CONCLUSION OF AN AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING SALMON FISHING ;  WHEREAS THE REPRESENTATIVES OF BOTH PARTIES HAVE AGREED TO SUBMIT FOR THE APPROVAL OF THEIR RESPECTIVE AUTHORITIES THE TWO AGREEMENTS , AS WELL AS A DRAFT AGREEMENT PROVIDING FOR THE PROVISIONAL APPLICATION OF THESE TWO AGREEMENTS ;  WHEREAS , IN VIEW OF THE IMPORTANCE TO THE COMMUNITY FISHERMEN OF EARLY APPLICATION OF THE SAID AGREEMENTS , IT IS APPROPRIATE FOR THE COMMUNITY TO SIGN THE TWO AGREEMENTS CONCERNING FISHERIES , AND APPROVE THE AGREEMENT PROVIDING FOR THEIR PROVISIONAL ENTRY INTO FORCE ON THE BASIS OF ARTICLE 103 OF THE TREATY , PENDING FINAL APPROVAL OF THE TWO AGREEMENTS CONCERNING FISHERIES PURSUANT TO ARTICLE 43 OF THE TREATY ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS PROVIDING FOR THE PROVISIONAL APPLICATION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF CANADA CONCERNING THE EXTENSION OF THEIR AGREEMENT ON FISHERIES , AND THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF CANADA CONCERNING SALMON FISHING IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THIS AGREEMENT IS ANNEXED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE AGREEMENT FOR THE PURPOSE OF BINDING THE COMMUNITY .  DONE AT BRUSSELS , 21 JANUARY 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . MARCORA


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31980D0025

80/25/EEC, Euratom: Council Decision of 18 December 1979 appointing a member of the Economic and Social Committee

Official Journal L 012 , 17/01/1980 P. 0022

****  COUNCIL DECISION   OF 18 DECEMBER 1979   APPOINTING A MEMBER OF THE ECONOMIC AND SOCIAL COMMITTEE  ( 80/25/EEC , EURATOM )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 193 TO 195 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLES 165 TO 167 THEREOF ,   HAVING REGARD TO THE CONVENTION ON CERTAIN INSTITUTIONS COMMON TO THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 5 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 19 SEPTEMBER 1978 APPOINTING THE MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE FOR THE PERIOD ENDING ON 18 SEPTEMBER 1982 ,   WHEREAS A SEAT HAS BECOME VACANT ON THE ECONOMIC AND SOCIAL COMMITTEE FOLLOWING THE RESIGNATION OF MR HOFFMANN , WHICH WAS NOTIFIED TO THE COUNCIL ON 10 JULY 1979 ,   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 7 DECEMBER 1979 ,   HAVING OBTAINED THE OPINION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR HERIBERT SCHARRENBROICH IS HEREBY APPOINTED A MEMBER OF THE ECONOMIC AND SOCIAL COMMITTEE IN PLACE OF MR HOFFMANN FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 18 SEPTEMBER 1982 .   DONE AT BRUSSELS , 18 DECEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   B . LENIHAN


title: Decision of 22 March 1973 of the Representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council, opening tariff preferences for products covered by that Community and originating in Portugal

text:
12 . 4. 73                                Official Journal of the European Communities                             No L 98 /33
                                                              DECISION
                                                          of 22 March 1973
                 of the Representatives of the Governments of the Member States of the European Coal
                                         and Steel Community meeting within the Council,
                    opening tariff preferences for products covered by that Community and originating
                                                               in Portugal
                                                            ( 73/64/ECSC )
THE REPRESENTATIVES OF THE GOVERNMENTS                                 duties on imports of products covered by the Euro
OF THE MEMBER STATES OF                                                pean Coal and Steel Community, and originating in
THE EUROPEAN COAL AND STEEL COMMUNITY,                                 Portugal .
                                                                       3 . The basic duties referred to in this Decision shall
Whereas the Member States have concluded among
themselves the Treaty establishing the European Coal                   be the duties actually applied on 1 January 1972 .
and Steel Community ;
Whereas the Agreement between the European                                                     Article 2
Economic Community and the Portuguese Repub                           The provisions laying down the rules of origin for
lic ( J ) entered into force on 1 January 1973 ;                       the implementation of the Agreement between the
                                                                       European Economic Community and the Portuguese
Whereas the Agreement between the Member States                        Republic, which entered into force on 1 January
of the European Coal and Steel Community and                           1973 , shall apply to the products to which this
the European Coal and Steel Community of the one                       Decision refers .
part and the Portuguese Republic of the other part
is subject to the approval by each Contracting Party
                                                                                Article 3
in accordance with its own procedures ;
                                                                       The Member States shall decide by common accord
Anxious to apply autonomously and concomitantly                        on any contingent protective measures suggested by
the tariff reductions laid down in the latter Agree                   one or more Member States or by the Commission .
ment ;
                                                                                Article 4
In agreement with the Commission ;
                                                                       This Decision shall expire on the entry into force of
                                                                       the Agreement between the Member States of the
                                                                       European Coal and Steel Community and the Euro
HAVE DECIDED AS FOLLOWS :                                              pean Coal and Steel Community, of the one part, and
                                                                       the Portuguese Republic, of the other part, and at
                                                                       the latest on 31 December 1973 .
                             Article 1
1 . With effect from 1 April and until 31 December                                             Article 5
1973 , the duties applicable in the Community as
originally constituted and in Ireland to imports of                    Member States shall adopt all the measures necessary
products covered by the European Coal and Steel                        for the implementation of this Decision.
Community, and - originating in Portugal, shall be
reduced to 80 °/o of the basic duty, or levied at the
rate of 80 °/o of the basic duty.
                                                                       Done at Brussels, 22 March 1973 .
2 . During this same period, the United Kingdom                                                            The President
and Denmark shall not introduce any new customs                                                           W. DE CLERCQ
t 1 ) OJ No L 301 , 31 . 12 . 1972, p . 165 .


title: 2005/567/: Commission Decision of 8 July 2005 suspending the examination procedure concerning obstacles to trade consisting of measures imposed and practices followed by the Eastern Republic of Uruguay affecting trade in Scotch whisky

text:
               22.7.2005

               EN

               Official Journal of the European Union

               L 190/27

      COMMISSION DECISION

   of 8 July 2005
   suspending the examination procedure concerning obstacles to trade consisting of measures imposed and practices followed by the Eastern Republic of Uruguay affecting trade in Scotch whisky
   (2005/567/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (1), and in particular Article 11(2) thereof,
   Whereas:

               (1)

               On 2 September 2004, the Scotch Whisky Association (SWA) lodged a complaint pursuant to Article 4 of Regulation EC No 3286/94 (hereinafter referred to as the Regulation)

               (2)

               SWA claimed that Community exports of whisky to the Eastern Republic of Uruguay were hindered by a number of obstacles to trade within the meaning of Article 2(1) of the Regulation.

               (3)

               The alleged obstacles to trade were all linked to the Uruguayan internal excise tax system.

               (4)

               The Commission decided, after due consultation of the Advisory Committee established by the Regulation, that the complaint contained sufficient evidence to justify the initiation of an examination procedure. A Notice of Initiation was therefore published in the Official Journal of the European Union on the 23 October 2004 (2).

               (5)

               During the investigation, the Government of Uruguay expressed its readiness to seek a negotiated solution to the issues raised in the complaint, and proposed:

                           (a)

                           to withdraw the requirement that whisky be aged less than three years to be included in the lowest tax category. The measure will take effect from 1 July 2005;

                           (b)

                           to apply the same treatment to domestic and imported whiskies as regards the requirement to affix strip stamps. The Eastern Republic of Uruguay will amend its regulations by 30 June 2005 and the measure will enter into force after a transitional period of 90 days;

                           (c)

                           to promote a change in the structure of the IMESI tax in order to bring it in line with the most usual tax systems at the international level. This change would help to address the issue of the alleged lack of transparency and predictability. The reform process is expected to be finalised by the end of 2006.

               (6)

               The Commission considers therefore that it is appropriate to suspend the procedure.

               (7)

               The Community will monitor the implementation of the negotiated solution and will terminate the procedure when the Government of Uruguay has fulfilled its commitments.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The examination procedure concerning obstacles to trade, consisting of measures imposed and practices followed by the Eastern Republic of Uruguay affecting trade in Scotch whisky, is hereby suspended.

      Done at Brussels, 8 July 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 349, 31.12.1994, p. 71. Regulation as amended by Regulation (EC) No 356/95, OJ L 41, 23.2.1995, p. 3.

      (2)  OJ C 261, 23.10.2004, p. 3.


DECISION NO. 58 OF 20 JANUARY 1966 CONCERNING INTERPRETATION OF ARTICLE 42, PARAGRAPH 4 OF REGULATION NO. 3 RELATING TO SUPPLEMENTS OR INCREASES GRANTED BY CERTAIN LEGISLATIONS TO RECIPIENTS OF PENSIONS OR ANNUITIES FOR CHILDREN IN THEIR CARE


Important legal notice

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32004D0790

Decision No 790/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of youth

Official Journal L 138 , 30/04/2004 P. 0024 - 0030

		Decision No 790/2004/EC of the European Parliament and of the Councilof 21 April 2004establishing a Community action programme to promote bodies active at European level in the field of youthTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 149(4) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social Committee [1],Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty [2],Whereas:(1) The Treaty establishes citizenship of the Union and provides that Community action in the field of education, vocational training and youth shall be aimed, inter alia, at encouraging the development of youth exchanges and of exchanges of socio-educative instructors.(2) The Laeken Declaration annexed to the conclusions of the European Council of 14 and 15 December 2001 asserts that one of the basic challenges to be resolved by the European Union is the way in which to bring citizens, and primarily the young, closer to the European design and the European institutions. International non-governmental youth organisations enable young people to become active citizens, develop a sense of responsibility, express their opinions and values and take part in exchanges across national borders; in so doing, these organisations help to bring Europe closer to young citizens.(3) The Commission's White Paper entitled "A new impetus for European youth" presented on 21 November 2001 argues that participation by young people should be encouraged and advocates strengthening the organisations within which young people can make their voice heard; it also states that information is essential to the development of active citizenship. In its Resolution [3] on the White Paper, the European Parliament also stressed the important role played by international and European youth organisations in enabling young people to participate on a long-term basis in democratic life in Europe.(4) In its White Paper on European governance [4] the Commission calls for general openness and for representatives of civil society to be consulted and included in the formation of EU policy. It recognises the role of non-governmental organisations in giving voice to the concerns of citizens.(5) The Resolution of the Council and of the representatives of the Governments of the Member States, meeting within the Council of 27 June 2002 regarding the framework of European cooperation in the youth field [5] endorses the thematic priorities as proposed in the White Paper on European Youth, and in particular participation and information, especially with the aim of encouraging participation by young people in the exercise of active citizenship, and proposes mechanisms for implementing the open method of coordination by consulting young people through specific arrangements at national level and consulting the European Youth Forum at European level.(6) The European Youth Forum represents young people vis-à-vis the European Union and other international institutions. Its action is essential in order to coordinate and relay to the European institutions the views of the non-governmental youth organisations and to relay to these organisations information about European matters which are of interest to them. International Non-governmental Youth Organisations provide non-formal and informal learning, training and information to young people; they constitute networks representing non-profit bodies active in the Member States and other European countries.(7) Headings A-3023 and A-3029 of the general budget of the European Union for the financial year 2003 and previous financial years provide support for the European Youth Forum and international non-governmental youth organisations.(8) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [6], hereinafter "the Financial Regulation", requires a basic act to be provided to cover these existing support actions.(9) The European Parliament, the Council and the Commission undertook, at the time of the adoption of the Financial Regulation, to achieve the objective of ensuring that this basic act enters into force as from the financial year 2004.(10) Provision should be made for the geographic coverage of the programme to extend to the acceding States, and possibly, in the case of some actions, to all European countries, in view of the importance of strengthening links between the enlarged Union and its neighbours on the European continent.(11) Any non-Community financing from State resources should comply with Articles 87 and 88 of the Treaty.(12) This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and Commission on budgetary discipline and improvement of the budgetary procedure [7], for the budgetary authority during the annual budgetary procedure.(13) Any support granted under this Decision should comply strictly with the principles of subsidiarity and proportionality,HAVE DECIDED AS FOLLOWS:Article 1Programme objective and activities1. This Decision establishes a Community action programme to promote bodies active at European level in the field of youth (hereinafter referred to as the Programme).2. The general objective of the programme is to support the activities of these bodies. These activities are the ongoing work programme of a body, which pursues an aim of general European interest in the field of youth or an objective forming part of the European Union's policy in this area. In particular, these activities must contribute, or be capable of contributing, to the active participation of young citizens in public life and in society and to the development and implementation of Community cooperation actions in the field of youth in the broad sense. Cooperation with the European Youth Forum contributes to this general objective in so far as the European Youth Forum represents and coordinates non-governmental youth organisations and relays information on youth to the European institutions.3. The programme shall start on 1 January 2004 and shall end on 31 December 2006.Article 2Access to the programmeTo be eligible for an operating grant, a body must satisfy the requirements of the Annex and have the following characteristics:(a) its activities must be in accordance with the principles underlying Community action in the youth policy area and take account of the priorities set out in the Annex;(b) it must have been legally established for more than one year;(c) it must operate at European level, either alone or in the form of various coordinated associations, and its structure and activities must have a potential impact throughout the Union or cover at least eight of the countries referred to in Article 3, including the Member States.Article 3Participation of third countries1. Participation in actions under the programme may be opened to bodies established in:(a) acceding States which signed the Treaty of Accession on 16 April 2003;(b) the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;(c) Romania and Bulgaria, the conditions for participation to be laid down in accordance with the European Agreements, their additional protocols and the decisions of the respective Association Councils;(d) Turkey, the conditions for participation to be laid down in accordance with the Framework Agreement between the European Community and the Republic of Turkey of 26 February 2002 on the general principles for the participation of the Republic of Turkey in Community programmes [8].2. Participation in this programme may also be open to bodies established in the Balkan countries forming part of the Stabilisation and Association process for countries of South Eastern Europe [9] and to some countries of the Commonwealth of Independent States, in accordance with the conditions and procedures to be agreed with these countries [10].Article 4Selection of beneficiariesThe programme covers two types of beneficiaries:(a) group 1: operating grants shall be directly awarded to the beneficiaries referred to in point 2 of the Annex;(b) group 2: operating grants shall be awarded in accordance with the overall criteria laid down in the Annex by means of a call for proposals to the permanent activities of a body pursuing an aim of general European interest in the field of youth.Article 5Award of the grantGrants under the different actions of the programme shall be awarded in compliance with the provisions set out in the relevant part of the Annex.Article 6Financial provisions1. The financial framework for the implementation of the programme for the period specified in Article 1(3) is hereby set at EUR 13 million.2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 7ImplementationThe Commission shall be responsible for, and shall regularly inform the European Parliament, the Council and the Member States concerning, the implementation of this programme in accordance with the provisions set out in the annex.Article 8Monitoring and evaluationNo later than 31 December 2007, the Commission shall present to the European Parliament and the Council a report on the achievement of the programme's objectives. This report shall be based, inter alia, on an external evaluation report which must be available no later than the end of 2006 and which shall appraise at least the overall pertinence and coherence of the programme, the effectiveness of its execution (preparation, selection, implementation of the actions) and the overall and individual effectiveness of the various actions in terms of achievement of the objectives set out in Article 1 and in the Annex.Article 9Entry into forceThis Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.Done at Strasbourg, 21 April 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche[1] OJ C 10, 14.1.2004, p. 18.[2] Opinion of the European Parliament of 6 November 2003 (not yet published in the Official Journal). Council Common Position of 22 December 2003 (OJ C 72 E, 23.3.2004, p. 10), Position of the European Parliament of 10 March 2004 (not yet published in the Official Journal) and Decision of the Council of 30 March 2004.[3] OJ C 180 E, 31.7.2003, p. 145.[4] OJ C 287, 12.10.2001, p. 1.[5] OJ C 168, 13.7.2002, p. 2.[6] OJ L 248, 16.9.2002, p. 1.[7] OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).[8] OJ L 61, 2.3.2002, p. 29.[9] Former Yugoslav Republic of Macedonia, Albania, Serbia and Montenegro, Bosnia and Herzegovina, and Croatia.[10] Belarus, Moldova, Russian Federation, Ukraine.--------------------------------------------------ANNEX1. ACTIVITIES SUPPORTEDThe general objective laid down in Article 1 is to strengthen Community action in the field of youth and increase its effectiveness by promoting the bodies working in this field.The main activities of these youth organisations that are likely to contribute to the strengthening and effectiveness of Community action are as follows:-  representation of the views and interests of young people in all their diversity at Community level,-  youth exchanges and voluntary services,-  informal and non-formal learning and work programmes,-  the promotion of intercultural learning and understanding,-  debate on European matters and EU policies or youth policies,-  dissemination of information on Community action,-  actions promoting young citizens' participation and initiative.The main activities of the European Youth Forum are as follows:-  representing young people vis-à-vis the European Union,-  coordinating the positions of its members vis-à-vis the European Union,-  relaying information on youth to the European institutions,-  relaying information from the European Union to national youth councils and non-governmental organisations,-  promoting and paving the way for young people to participate in democratic life,-  contributing to the new cooperation framework in the youth field which it has been decided to establish at the level of the European Union,-  contributing to the development of youth policies, youth work and educational opportunities and to relaying information concerning young people and developing representative structures for young people throughout Europe,-  engaging in discussion and reflection on youth in Europe and other parts of the world and on the European Union's action to assist young people.2. IMPLEMENTATION OF THE ACTIVITIES SUPPORTEDThe activities carried out by the bodies eligible for Community funding under the programme fall within one of the following areas:Part 1: Support for the European Youth ForumGrants may be awarded under this part to support the permanent activities of the European Youth Forum, a body pursuing an aim of general European interest whose members are the national youth councils and the international non-governmental youth organisations, in conformity with the following principles:-  independence of the European Youth Forum in the selection of its members ensuring the broadest possible representation of different types of youth organisations,-  autonomy of the European Youth Forum in the detailed specification of its activities, in conformity with section 1.2,-  broadest possible involvement in the European Youth Forum's activities of non-member youth organisations and young people who do not belong to organisations,-  active contribution by the European Youth Forum to the political processes relevant to youth at European level, in particular by responding to the European institutions when they consult civil society and explaining the positions adopted by these institutions to its members,-  geographic membership coverage extending to the countries mentioned in Article 3.Under part 1, the eligible expenditure of the European Youth Forum comprises operating costs and expenses for carrying out its actions.The grant to the European Youth Forum shall not fund all its eligible expenditure in the calendar year for which it is awarded. At least 20 % of the Forum's budget must be co-financed from non-Community sources. Such co-financing may be partly or wholly contributed in kind, provided the contribution is valued at no more than the cost actually incurred and evidenced by accounting documents or the cost generally obtaining on the market in question.Pursuant to Article 113(2) of the Financial Regulation the principle of gradual reduction shall not apply to operating grants to the European Youth Forum, since it is a body pursuing an objective of general European interest.In view of the need to ensure continuity of the European Youth Forum, the programme resources shall be allocated in accordance with the following guideline: the resources allocated under part 1 shall be not less than EUR 2 million.Grants may be awarded to the Youth Forum upon receipt of an appropriate work plan and budget. Grants may be awarded on an annual basis within a framework partnership agreement with the Commission.Part 2: Support for permanent activities of bodies pursuing an aim of general European interest in the field of youth or an objective forming part of the European Union's policy in this area.Grants may be awarded under this part to support operational and administrative costs of the abovementioned bodies. This may relate to:(a) a non-profit-making body whose activities are solely for the benefit of young people or a body with wider aims, part of whose activities are solely for the benefit of young people; in either case, the body must involve young people in managing the activities conducted for their benefit;(b) a European network representing non-profit-making bodies working for the benefit of young people and involving young people in their activities.An annual operating grant may be awarded to support the conduct of the permanent work programme of such a body.Under part 2, the only costs to be taken into account in determining the operating grant shall be those necessary for the proper conduct of the normal activities of the body selected, in particular personnel costs, overheads (rental and property charges, equipment, office supplies, telecommunications, postal charges, etc.), costs of internal meetings, and publication, information and dissemination costs.An operating grant under part 2 shall not fund all the body's eligible expenditure in the calendar year for which it is awarded. At least 20 % of the budgets of the bodies covered by this part must be co-financed from non-Community sources. The co-financing rate shall be determined each year in the call for proposals. Such co-financing may be partly or wholly contributed in kind, provided the contribution is valued at no more than the cost actually incurred and evidenced by accounting documents or the cost generally obtaining on the market in question.Pursuant to Article 113(2) of the Financial Regulation operating grants so awarded, if renewed, shall be gradually decreased. This reduction shall apply from the third year onwards, at a rate of 2,5 % per year. In order to observe this rule, which applies without prejudice to the co-financing rule mentioned above, the percentage of Community co-financing corresponding to the grant awarded for a given financial year shall be at least 2,5 points below the percentage of Community co-financing corresponding to the grant awarded for the previous financial year.The bodies receiving operating grants under part 2 shall be selected on the basis of calls for proposals.With the bodies so selected framework partnership agreements may be concluded for the duration of the programme. The specific grants based on the framework agreements shall be awarded in accordance with the procedures laid down in these agreements.However the framework agreements shall not exclude annual calls for proposals for additional beneficiaries.Transitional provisionsFor grants awarded in 2004, it will be possible for the period of eligibility of expenditure to start on 1 January 2004, provided that the expenditure does not precede the date on which the grant application was lodged or the date on which the beneficiary's budget year starts.During 2004, in the case of beneficiaries whose budgetary year starts before 1 March, an exception may be granted to the obligation to sign the grant agreement within the first four months of the start of the beneficiary's budget year, as referred to in Article 112, paragraph 2 of the Financial Regulation. In this case, the grant agreement should be signed by 30 June 2004 at the latest.3. CRITERIA FOR THE ASSESSMENT OF FUNDING APPLICATIONSFunding applications shall be assessed in the light of:-  their consistency with the programme objectives,-  the quality of the planned activities,-  the likely multiplier effect on young people of these activities,-  the geographic impact of the activities carried out,-  the involvement of young people in the organisation of the bodies concerned.The Commission shall give applicants the opportunity to correct errors of form within a specified period after the submission of their application.4. TRANSPARENCYAny beneficiary of a grant awarded under any action of this programme shall indicate in a prominent place, such as a website homepage or an annual report, that it has received funding from the budget of the European Union.5. MANAGEMENT OF THE PROGRAMMEIn the light of a cost/benefit analysis, the Commission may decide to entrust all or part of the tasks of managing the programme to an executive agency, in conformity with Article 55 of the Financial Regulation; it may also have recourse to experts and incur any other expenditure on technical and administrative assistance, not involving the exercise of public authority, outsource under ad hoc service contracts. It may also finance studies and organise meetings of experts likely to facilitate the implementation of the programme, and undertake information, publication and dissemination actions directly linked to the achievement of the programme's objective.6. CHECKS AND AUDITSThe beneficiary of an operating grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year, for a period of five years following the last payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members be made available to the Commission.The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in particular to the beneficiary's offices and to all the information, including information in electronic format, needed in order to conduct such audits.The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially of access, as the Commission.In order to protect the European Communities' financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (EC, Euratom) No 2185/96 [1]. Where necessary, investigations shall be conducted by the European Anti-Fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council [2].Wherever no regulation is specified in this basic act, the Financial Regulation and its rules for implementation shall apply.[1] OJ L 292, 15.11.1996, p. 2.[2] OJ L 136, 31.5.1999, p. 1.--------------------------------------------------


Avis juridique important

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32000D0295

2000/295/EC: Council Decision of 3 November 1998 concerning the conclusion of a bilateral agreement between the Community and the Republic of Cyprus on the Republic of Cyprus' participation in a Community programme within the framework of Community audiovisual policy

Official Journal L 096 , 18/04/2000 P. 0061 - 0061

Council Decisionof 3 November 1998concerning the conclusion of a bilateral agreement between the Community and the Republic of Cyprus on the Republic of Cyprus' participation in a Community programme within the framework of Community audiovisual policy(2000/295/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 127(4) and Article 130(3), in conjunction with Article 228(3) first subparagraph, thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Resolution of the EU-Cyprus Association Council of 12 June 1995 established certain elements of a pre-accession strategy which include the participation of the Republic of Cyprus in Community programmes.(2) Pursuant to Decision 95/563/EC(3) and Decision 95/564/EC(4), the Community established a programme encouraging the development and distribution of European audiovisual works and a training programme for professionals in the European audiovisual programme industry (hereinafter together called MEDIA II programme).(3) The abovementioned Decisions provide in Articles 6 and 5 respectively that the MEDIA II programme shall be open to the participation of the Republic of Cyprus.(4) Successful cooperation in this field implies a general commitment by the Contracting Parties to make complementary efforts to stimulate the European dimension in the audiovisual sector.(5) The Republic of Cyprus has ratified the Council of Europe Convention on Transfrontier Television, which constitutes an important step in the process of legislative alignment.(6) The Commission has negotiated, on behalf of the Community, the Agreement between the European Community and the Republic of Cyprus establishing cooperation in the audiovisual field including participation in the Media II programme to enable the Republic of Cyprus to participate in the Media II programme.(7) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Republic of Cyprus establishing cooperation in the audiovisual field including participation in the Media II programme is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The Commission shall represent the Community in the Joint Committee provided for in Article 6 of the Agreement.Article 3The President of the Council shall, on behalf of the Community, give the notification provided for in Article 14 of the Agreement.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 3 November 1998.For the CouncilThe PresidentB. Prammer(1) OJ C 162, 28.5.1998, p. 5.(2) OJ C 313, 12.10.1998, p. 28.(3) OJ L 321, 30.12.1995, p. 25.(4) OJ L 321, 30.12.1995, p. 33.


title: 2010/541/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the Euratom Supply Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/195

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the Euratom Supply Agency for the financial year 2008
   (2010/541/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and 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 Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3) 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 Regulation (EC, Euratom) No 1605/2002 (4), 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 (A7-0076/2010),

               1.

               Approves the closure of the accounts of the Euratom Supply Agency for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Director-General of the Euratom Supply Agency, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 6.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 41, 15.2.2008, p. 15.

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