Avis juridique important

|

31993D0731

93/731/EC: Council Decision of 20 December 1993 on public access to Council documents

Official Journal L 340 , 31/12/1993 P. 0043 - 0044 Finnish special edition: Chapter 16 Volume 2 P. 0064  Swedish special edition: Chapter 16 Volume 2 P. 0064

COUNCIL DECISION of 20 December 1993 on public access to Council documents (93/731/EC)THE COUNCIL,  Having regard to the Treaty establishing the European Community, and in particular Article 151 (3) thereof,  Having regard to its Rules of Procedure, and in particular Article 22 thereof,  Whereas on 6 December 1993 the Council and the Commission approved a code of conduct concerning public access to Council and Commission documents, reaching common agreement on the principles which must govern such access;  Whereas provisions should be adopted for the implementation of those principles by the Council;  Whereas these provisions are applicable to any document held by the Council, whatever its medium, excluding documents written by a person, body or institution outside the Council;  Whereas the principle of allowing the public wide access to Council documents, as part of greater transparency in the Council's work, must however be subject to exceptions, particularly as regards protection of the public interest, the individual and  privacy;  Whereas, in the interests of rationalization and efficiency, the Secretary-General of the Council should sign on behalf of the Council and on its authorization replies to applications for access to documents, except in cases where the Council is called  upon to reply to a confirmatory application;  Whereas this Decision must apply with due regard for provisions governing the protection of classified information,  HAS DECIDED AS FOLLOWS:   Article 1  1. The public shall have access to Council documents under the conditions laid down in this Decision.  2. 'Council document' means any written text, whatever its medium, containing existing data and held by the Council, subject to Article 2 (2).   Article 2  1. An application for access to a Council document shall be sent in writing to the Council (1). It must be made in a sufficiently precise manner and must contain information enabling the document or documents requested to be identified. Where necessary,  the applicant shall be asked for further details.  2. Where the requested document was written by a natural or legal person, a Member State, another Community institution or body, or any other national or international body, the application must not be sent to the Council, but direct to the author.   Article 3  1. The applicant shall have access to a Council document either by consulting it on the spot or by having a copy sent at his own expense. The fee shall be set by the Secretary-General.  2. The relevant departments of the General Secretariat shall endeavour to find a fair solution to deal with repeat applications and/or those which relate to very large documents.  3. Anyone given access to a Council document may not reproduce or circulate the document for commercial purposes through direct sale without prior authorization from the Secretary-General.   Article 4  1. Access to a Council document shall not be granted where its disclosure could undermine:  - the protection of the public interest (public security, international relations, monetary stability, court proceedings, inspections and investigations),  - the protection of the individual and of privacy,  - the protection of commercial and industrial secrecy,  - the protection of the Community's financial interests,  - the protection of confidentiality as requested by the natural or legal person who supplied any of the information contained in the document or as required by the legislation of the Member State which supplied any of that information.  2. Access to a Council document may be refused in order to protect the confidentiality of the Council's proceedings.   Article 5  The Secretary-General shall reply on behalf of the Council to applications for access to Council documents, except in the cases referred to in Article 7 (3), in which the reply shall come from the Council.   Article 6  Any application for access to a Council document shall be examined by the relevant departments of the General Secretariat, which shall suggest what action is to be taken on it.   Article 7  1. The applicant shall be informed in writing within a month by the relevant departments of the General Secretariat either that his application has been approved or that the intention is to reject it. In the latter case, the applicant shall also be  informed of the reasons for this intention and that he has one month to make a confirmatory application for that position to be reconsidered, failing which he will be deemed to have withdrawn his original application.  2. Failure to reply to an application within a month of submission shall be equivalent to a refusal, except where the applicant makes a confirmatory application, as referred to above, within the following month.  3. Any decision to reject a confirmatory application, which shall be taken within a month of submission of such application, shall state the grounds on which it is based. The applicant shall be notified of the decision in writing as soon as possible and  at the same time informed of the content of Articles 138e and 173 of the Treaty establishing the European Community, relating respectively to the conditions for referral to the Ombudsman by natural persons and review by the Court of Justice of the  legality of Council acts.  4. Failure to reply within a month of submission of the confirmatory application shall be equivalent to a refusal.   Article 8  This Decision shall apply with due regard for provisions governing the protection of classified information.   Article 9  This Decision shall be reviewed after two years of operation. In 1996 the Secretary-General shall submit a report on the implementation of this Decision in 1994 and 1995, in preparation for that review.   Article 10  This Decision shall take effect on 1 January 1994.  Done at Brussels, 20 December 1993.  For the Council The President W. CLAES  (1) The Secretary-General of the Council of the European Union, 170 rue de la Loi, 1048 Brussels, Belgium.


title: Council Decision 2009/1003/CFSP of 22 December 2009 amending Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea

text:
               23.12.2009

               EN

               Official Journal of the European Union

               L 346/51

      COUNCIL DECISION 2009/1003/CFSP
   of 22 December 2009
   amending Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 October 2009, the Council adopted Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea (1), in response to the violent crackdown by security forces on political demonstrators in Conakry on 28 September 2009.

               (2)

               In view of the seriousness of the situation in the Republic of Guinea, additional restrictive measures should be imposed against the individual members of the National Council for Democracy and Development (NCDD) and natural or legal persons, entities or bodies associated with them, responsible for the violent repression or the political stalemate in the country.

               (3)

               Moreover, additional natural or legal persons, entities or bodies associated with the NCDD, should be included on the list of persons subject to the restrictive measures set out in the Annex to Common Position 2009/788/CFSP.

               (4)

               Further action by the Union is needed to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   Common Position 2009/788/CFSP is hereby amended as follows:

               1.

               Article 1 shall be replaced by the following:
               ‘Article 1
               1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to the Republic of Guinea by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
               2.   It shall be prohibited:

                           (a)

                           to provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;

                           (b)

                           to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;

                           (c)

                           to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).’;

               2.

               Article 2 shall be replaced by the following:
               ‘Article 2
               1.   Article 1 shall not apply to:

                           (a)

                           the sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations(UN) and the EU, or for EU and UN crisis management operations;

                           (b)

                           the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in the Republic of Guinea;

                           (c)

                           the provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations;

                           (d)

                           the provision of financing and financial assistance related to such equipment or to such programmes and operations,

                     on condition that such exports and assistance have been approved in advance by the relevant competent authority.
               2.   Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to the Republic of Guinea by UN personnel, personnel of the EU or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.’;

               3.

               Article 3, paragraph 1 shall be replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the individual members of the NCDD and persons associated with them, as listed in the Annex.’;

               4.

               The following article shall be inserted:
               ‘Article 3a
               1.   All funds and economic resources belonging to, owned, held or controlled by the individual members of the NCDD and natural or legal persons, entities or bodies associated with them, as listed in the Annex shall be frozen.
               2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, natural or legal persons, entities or bodies listed in the Annex.
               3.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

                           (a)

                           necessary to satisfy the basic needs of persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

                           (b)

                           intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

                           (c)

                           intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or

                           (d)

                           necessary for extraordinary expenses, provided that the competent authority has notified the competent authority of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.

                     A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
               4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

                           (a)

                           the funds or economic resources are subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person, entity or body referred to in Article 3a was included in the Annex or of a judicial, administrative or arbitral judgment rendered prior to that date;

                           (b)

                           the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

                           (c)

                           the lien or judgment is not for the benefit of a natural or legal person, entity or body listed in the Annex; and

                           (d)

                           recognising the lien or judgement is not contrary to public policy in the Member State concerned.

                     A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
               5.   Paragraph 2 shall not apply to the addition to frozen accounts of:

                           (a)

                           interest or other earnings on those accounts; or

                           (b)

                           payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Common Position,

                     provided that any such interest, other earnings and payments remain subject to paragraph 1.’.

         Article 2
   The Annex to Common Position 2009/788/CFSP shall be replaced by the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 December 2009.

            For the Council

            The President

         A. CARLGREN

      (1)  OJ L 281, 28.10.2009, p. 7.

      ANNEX II

         LIST OF PERSONS REFERRED TO IN ARTICLES 3 AND 3A

                  Name (and possible aliases)

                  Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.)

                  Reasons

                  1.

                  Captain Moussa Dadis CAMARA

                  d.o.b: 01/01/64 or 29/12/68
                  Pass: R0001318

                  President of the CNDD

                  2.

                  Major-General Mamadouba (alias Mamadou) Toto CAMARA

                  d.o.b: 01/01/46
                  Pass: R00009392

                  Minister for Security and Civil Protection

                  3.

                  General Sékouba KONATÉ

                  d.o.b: 01/01/64
                  Pass: R0003405/R0002505

                  Minister for Defence

                  4.

                  Colonel Mathurin BANGOURA

                  d.o.b: 15/11/62
                  Pass: R0003491

                  Minister for Telecommunications and New Information Technologies

                  5.

                  Lieutenant Colonel Aboubacar Sidiki (alias Idi Amin) CAMARA

                  d.o.b: 22/10/1979
                  Pass: R0017873

                  Minister and Permanent Secretary of the CNDD (discharged from the army on 26/01/09)

                  6.

                  Commandant Oumar BALDÉ

                  d.o.b: 26/12/64
                  Pass: R0003076

                  Member of the CNDD

                  7.

                  Commandant Mamadi (alias Mamady) MARA

                  d.o.b: 01/01/54
                  Pass: R0001343

                  Member of the CNDD

                  8.

                  Commandant Almamy CAMARA

                  d.o.b: 17/10/75
                  Pass: R0023013

                  Member of the CNDD

                  9.

                  Lieutenant Col. Mamadou Bhoye DIALLO

                  d.o.b: 01/01/56
                  Pass: R0001855

                  Member of the CNDD

                  10.

                  Captain Koulako BÉAVOGUI

                  Member of the CNDD

                  11.

                  Police Lieutenant Colonel Kandia (alias Kandja) MARA

                  Pass: R0178636

                  Member of the CNDD
                  Regional Director of Security in Labé

                  12.

                  Colonel Sékou MARA

                  d.o.b: 1957

                  Member of the CNDD
                  Deputy Director of National Police

                  13.

                  Morciré CAMARA

                  d.o.b: 01/01/49
                  Pass: R0003216

                  Member of the CNDD

                  14.

                  Alpha Yaya DIALLO

                  Member of the CNDD
                  National Director of Customs

                  15.

                  Colonel Mamadou Korka DIALLO

                  d.o.b: 19/02/62

                  Minister for Trade, Industry and SMEs

                  16.

                  Commandant Kelitigui FARO

                  d.o.b: 03/08/72
                  Pass: R0003410

                  Minister and Secretary-General to the Presidency of the Republic

                  17.

                  Colonel Fodeba TOURÉ

                  d.o.b: 07/06/61
                  Pass: R0003417/R0002132

                  Governor of Kindia (former Minister for Youth, dismissed as Minister on 07/05/09)

                  18.

                  Commandant Cheick Sékou (alias Ahmed) Tidiane CAMARA

                  d.o.b: 12/05/66

                  Member of the CNDD

                  19.

                  Colonel Sékou (alias Sékouba) SAKO

                  Member of the CNDD

                  20.

                  Lieutenant Jean-Claude alias COPLAN PIVI

                  d.o.b: 01/01/60

                  Member of the CNDD
                  Minister with responsibility for presidential security

                  21.

                  Captain Saa Alphonse TOURÉ

                  d.o.b: 03/06/70

                  Member of the CNDD

                  22.

                  Colonel Moussa KEITA

                  d.o.b: 01/01/66

                  Member of the CNDD
                  Minister and Permanent Secretary of the CNDD with responsibility for relations with Republican Institutions

                  23.

                  Lt. Col. Aïdor (alias Aëdor) BAH

                  Member of the CNDD

                  24.

                  Commandant Bamou LAMA

                  Member of the CNDD

                  25.

                  Mr Mohamed Lamine KABA

                  Member of the CNDD

                  26.

                  Captain Daman (alias Dama) CONDÉ

                  Member of the CNDD

                  27.

                  Commandant Aboubacar Amadou DOUMBOUYA

                  Member of the CNDD

                  28.

                  Commandant Moussa Tiégboro CAMARA

                  d.o.b: 01/01/68
                  Pass: 7190

                  Member of the CNDD
                  Minister attached to the Presidency with responsibility for special anti-drug services and organised crime

                  29.

                  Captain Issa CAMARA

                  d.o.b: 1954

                  Member of the CNDD
                  Governor of Mamou

                  30.

                  Colonel Dr. Abdoulaye Chérif DIABY

                  d.o.b: 26/02/57
                  Pass: 13683

                  Member of the CNDD
                  Minister for Health and Sanitation,

                  31.

                  Mamady CONDÉ

                  d.o.b: 28/11/52
                  Pass: R0003212

                  Member of the CNDD

                  32.

                  S-Lt. Cheikh Ahmed TOURÉ

                  Member of the CNDD

                  33.

                  Lt. Colonel Aboubacar Biro CONDÉ

                  d.o.b: 15/10/62
                  Pass: 2443/R0004700

                  Member of the CNDD

                  34.

                  Bouna KEITA

                  Member of the CNDD

                  35.

                  Idrissa CHERIF

                  d.o.b: 13/11/67
                  Pass: R0105758

                  Minister with responsibility for Communication attached to the Presidency and the Ministry of Defence

                  36.

                  Mamoudou (alias Mamadou) CONDÉ

                  d.o.b: 09/12/60
                  Pass: R0020803

                  State Secretary, official representative, with responsibility for Strategic Issues and Sustainable Development

                  37.

                  Lieutenant Aboubacar Chérif (alias Toumba) DIAKITÉ

                  Presidential aide-de-camp

                  38.

                  Ibrahima Khalil DIAWARA

                  d.o.b: 01/01/76
                  Pass: R0000968

                  Special adviser to Aboubacar Chérif ‘Toumba’ Diakité

                  39.

                  S-Lt Marcel KOIVOGUI

                  Deputy to Aboubacar Chérif ‘Toumba’ Diakité

                  40.

                  Mr Papa Koly KOUROUMA

                  d.o.b: 03/11/62
                  Pass: R11914/R001534

                  Minister for the Environment and Sustainable Development

                  41.

                  Commandant Nouhou THIAM

                  d.o.b: 1960
                  Pass: 5180

                  Inspector-General of the armed forces
                  CNDD spokesman

                  42.

                  Police Captain Théodore (alias Siba) KOUROUMA

                  d.o.b: 13/05/71
                  Pass: Service R0001204

                  Attaché in the presidential private office

                  43.

                  Mr Kabinet (alias Kabiné) KOMARA

                  d.o.b: 08/03/50
                  Pass: R0001747

                  Prime Minister

                  44.

                  Captain Mamadou SANDÉ

                  d.o.b: 12/12/69
                  Pass: R0003465

                  Minister attached to the Presidency with responsibility for the economy and finances

                  45.

                  Mr Alhassane (alias Al-Hassane) Siba ONIPOGUI

                  d.o.b: 31/12/61
                  Pass: 5938/R00003488

                  Minister attached to the Presidency with responsibility for State control

                  46.

                  Mr Joseph KANDUNO

                  Minister with responsibility for audits, transparency and good governance

                  47.

                  Mr Fodéba (alias Isto) KÉIRA

                  d.o.b: 04/06/61
                  Pass: R0001767

                  Minister for Youth, Sport and the Promotion of Youth Employment

                  48.

                  Colonel Siba LOHALAMOU

                  d.o.b: 01/08/62
                  Pass: R0001376

                  Minister for Justice and Keeper of the Seals

                  49.

                  Dr. Frédéric KOLIÉ

                  d.o.b: 01/01/60
                  Pass: R0001714

                  Minister for Territorial Administration and Political Affairs

                  50.

                  Mr Alexandre Cécé LOUA

                  d.o.b: 01/01/56
                  Pass: R0001757 /
                  Diplomatic passport: R 0000027

                  Minister for Foreign Affairs and Guineans Abroad

                  51.

                  Mr Mamoudou (alias Mahmoud) THIAM

                  d.o.b: 04/10/68
                  Pass: R0001758

                  Minister for Mines and Energy

                  52.

                  Mr Boubacar BARRY

                  d.o.b: 28/05/64
                  Pass: R0003408

                  Minister of State attached to the Presidency with responsibility for construction, planning and public buildings

                  53.

                  Demba FADIGA

                  d.o.b: 01/01/52
                  Pass: residence permit FR365845/365857

                  Member of the CNDD
                  Ambassador Extraordinary and Plenipotentiary with responsibility for relations between the CNDD and the Government

                  54.

                  Mr Mohamed DIOP

                  d.o.b: 01/01/63
                  Pass: R0001798

                  Member of the CNDD
                  Governor of Conakry

                  55.

                  Sgt Mohamed (alias Tigre) CAMARA

                  Member of the security forces attached to the Koundara Presidential Guard camp

                  56.

                  Mr Habib HANN

                  d.o.b: 15/12/50
                  Pass: 341442

                  Audit and Surveillance Committee for Strategic Sectors of the State

                  57.

                  Mr Ousmane KABA

                  Audit and Surveillance Committee for Strategic Sectors of the State

                  58.

                  Mr Alfred MATHOS

                  Audit and Surveillance Committee for Strategic Sectors of the State

                  59.

                  Capt. Mandiou DIOUBATÉ

                  d.o.b: 01/01/60
                  Pass: R0003622

                  Director of the Presidency press office
                  CNDD spokesman

                  60.

                  Cheik Sydia DIABATÉ

                  d.o.b: 23/04/68
                  Pass: R0004490

                  Member of the armed forces
                  Director of the Intelligence and Investigation Services at the Ministry of Defence

                  61.

                  Mr Ibrahima Ahmed BARRY

                  d.o.b: 11/11/61
                  Pass: R0048243

                  Director General of Radio Télévision Guinéenne

                  62.

                  Mr Alhassane BARRY

                  d.o.b: 15/11/62
                  Pass: R0003484

                  Governor of the Central Bank

                  63.

                  Mr Roda Namatala FAWAZ

                  d.o.b: 06/07/47
                  Pass: R0001977

                  Businessman connected to the CNDD who has given the CNDD financial support

                  64.

                  Dioulde DIALLO

                  Businessman connected to the CNDD who has given the CNDD financial support

                  65.

                  Kerfalla CAMARA KPC

                  CEO of Guicopress
                  Businessman connected to the CNDD who has given the CNDD financial support

                  66.

                  Dr. Moustapha ZABATT

                  d.o.b: 06/02/65

                  Doctor and personal adviser to the President

                  67.

                  Aly MANET

                  ‘Dadis Doit Rester’ (Dadis Must Stay) movement

                  68.

                  Louis M'bemba SOUMAH

                  Minister for Employment, Administrative Reform and the Civil Service

                  69.

                  Cheik Fantamady CONDÉ

                  Minister for Information and Culture

                  70.

                  Boureima CONDÉ

                  Minister for Agriculture and Stock Farming

                  71.

                  Mariame SYLLA

                  Minister for Decentralisation and Local Government


Avis juridique important

|

31994D0090

94/90/ECSC, EC, Euratom: Commission Decision of 8 February 1994 on public access to Commission documents

Official Journal L 046 , 18/02/1994 P. 0058 - 0061 Finnish special edition: Chapter 16 Volume 2 P. 0066  Swedish special edition: Chapter 16 Volume 2 P. 0066

COMMISSION DECISION of 8 February 1994 on public access to Commission documents (94/90/ECSC, EC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaties establishing the European Communities, and in particular Article 162 of the Treaty establishing the European Community,  Whereas, in accordance with the Declaration on the right of access to information annexed to the Final Act of the Treaty on European Union and with the conclusions of the Birmingham and Edinburgh European Councils on bringing the Community closer to its  citizens, a code of conduct setting out the principles governing access to Commission and Council documents should be agreed upon with the Council;  Whereas these principles are based on the Commission's papers on public access to the institutions' documents of 5 May 1993 and openness in the Community of 2 June 1993;  Whereas specific provisions need to be adopted whereby the Commission can give effect to the code,  HAS DECIDED AS FOLLOWS:   Article 1  The code of conduct on public access to Commission documents set out in the Annex is adopted.   Article 2  In order to ensure that effect is given to the code referred to in Article 1, the following measures are adopted:  1. All applications for access to documents shall be made in writing to the relevant Commission department at its headquarters, Commission Offices in the Member States or Commission Delegations in non-member countries.  2. The relevant Director-General or Head of Department, the Director designated for the purpose in the Secretariat-General or an official acting on their behalf shall inform the applicant in writing, within one month, whether the application is granted  or whether he intends to refuse access. In the latter case the applicant shall also be notified that he has one month in which to apply to the Secretary-General of the Commission for review of the intention to refuse access, failing which he shall be  deemed to have withdrawn his initial application.  3. The President shall be empowered to decide on applications for review in agreement with the relevant Member of the Commission. He may delegate this authority to the Secretary-General.  4. Failure to reply to an application for access to a document within one month of application being made constitutes an intention to refuse access.  Failure to reply within one month of an application for review being made constitutes a refusal.  5. A fee of ECU 10, plus ECU 0.036 per sheet of paper, shall be charged for copies of printed documents exceeding 30 pages. Charges for information in other formats shall be set on a case-by-case basis but shall not exceed what is reasonable.  6. If an applicant wishes to consult a document on Commission premises, the relevant department shall try to make arrangements to accommodate him. Where the department is unable to provide appropriate facilities, the documents shall be consulted in  either of the Commission's central libraries in Brussels and Luxembourg in any of the Commission's Offices in the Member States or in any of its Delegations in non-member countries.   Article 3  This Decision will take effect from 15 February 1994. It will be published in the Official Journal of the European Communities.  Done at Brussels, 8 February 1994.  For the Commission Joao PINHEIRO Member of the Commission    ANNEX   Code of conduct concerning public access to Commission and Council documents  THE COMMISSION AND THE COUNCIL,  Having regard to the declaration on the right of access to information annexed to the final act of the Treaty on European Union, which emphasizes that transparency of the decision-making process strengthens the democratic nature of the institutions and  the public's confidence in the administration,  Having regard to the conclusions wherein the European Councils in Birmingham and Edinburgh agreed on a number of principles to promote a Community closer to its citizens,  Having regard to the conclusions of the European Council in Copenhagen, reaffirming the principle of giving citizens the greatest possible access to information and calling on the Commission and the Council to adopt at an early date the necessary  measures for putting this principle into practice,  Considering it desirable to establish by common agreement the principles which will govern access to Commission and Council documents, it being understood that it is for each of them to implement these principles by means of specific regulations,  Whereas the said principles are without prejudice to the relevant provisions on access to files directly concerning persons with a specific interest in them;  Whereas these principles will have to be implemented in full compliance with the provisions concerning classified information;  Whereas this code of conduct is an additional element in their information and communication policy,  HAVE AGREED AS FOLLOWS:   General principle  The public will have the widest possible access to documents held by the Commission and the Council.  'Document' means any written text, whatever its medium, which contains existing data and is held by the Commission or the Council.   Processing of initial applications  An application for access to a document will have to be made in writing, in a sufficiently precise manner; it will have to contain information that will enable the document or documents concerned to be identified.  Where necessary, the institution concerned will ask the applicant for further details.  Where the document held by an institution was written by a natural or legal person, a Member State, another Community institution or body of any other national or international body, the application must be sent direct to the author.  In consultation with the applicants, the institution concerned will find a fair solution to comply with repeat applications and/or those which relate to very large documents.  The applicant will have access to documents either by consulting them on the spot or by having a copy sent at his own expense; the fee will not exceed a reasonable sum.  The institution concerned will be able to stipulate that a person to whom a document is released will not be allowed to reproduce or circulate the said document for commercial purposes through direct sale without its prior authorization.  Within one month the relevant departments of the institution concerned will inform the applicant either that his application has been approved or that they intend to advise the institution to reject it.   Processing of confirmatory applications  Where the relevant departments of the institution concerned intend to advise the institution to reject an application, they will inform the applicant thereof and tell him that he has one month to make a  confirmatory application to the institution for that position to be reconsidered, failing which he will be deemed to have withdrawn his original application.  If a confirmatory application is submitted, and if the institution concerned decides to refuse to release the document, that decision, which must be made within a month of submission of the confirmatory application, will be notified in writing to the  applicant as soon as possible. The grounds for the decision must be given, and the decision must indicate the means of redress that are available, i.e. judicial proceedings and complaints to the ombudsman under the conditions specified in, respectively,  Articles 173 and 138c of the Treaty establishing the European Community.   Exceptions  The institutions will refuse access to any document where disclosure could undermine:  - the protection of the public interest (public security), international relations, monetary stability, court proceedings, inspections and investigations),  - the protection of the individual and of privacy,  - the protection of commercial and industrial secrecy,  - the protection of the Community's financial interests,  - the protection of confidentiality as requested by the natural or legal persons that supplied the information or as required by the legislation of the Member State that supplied the information.  They may also refuse access in order to protect the institution's interest in the confidentiality of its proceedings.   Implementation  The Commission and the Council will severally take steps to implement these principles before 1 January 1994.   Review  The Council and the Commission agree that the code of conduct will, after two years of operation, be reviewed on the basis of reports drawn up by the Secretaries-General of the Council and the Commission.


title: Decision (EU) 2015/1635 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the Office of the Body of European Regulators for Electronic Communications for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/162

      DECISION (EU) 2015/1635 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the Office of the Body of European Regulators for Electronic Communications for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2013, together with the Office's replies (1),

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (5), and in particular Article 13 thereof,

                  —

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

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0081/2015),

         1.

            Grants the Management Committee of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Office's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this Decision, and the resolution forming an integral part of it, to the Management Committee of the Office of the Body of European Regulators for Electronic Communications, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 28.

         (2)  See footnote 1.

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

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

         (5)  OJ L 337, 18.12.2009, p. 1.

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

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


title: 2008/899/EC: Commission Decision of 2 December 2008 accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People's Republic of China

text:
               3.12.2008

               EN

               Official Journal of the European Union

               L 323/62

      COMMISSION DECISION

   of 2 December 2008
   accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People's Republic of China
   (2008/899/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the “basic Regulation”), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               By Regulation (EC) No 488/2008 (2), the Commission imposed provisional anti-dumping duties on imports into the Community of citric acid originating in the People's Republic of China (PRC).

               (2)

               Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1193/2008 (3) imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of citric acid originating in the PRC.

               (3)

               The investigation confirmed the provisional findings of injurious dumping relating to imports of citric acid originating in the PRC.

         B.   UNDERTAKINGS

               (4)

               Subsequent to the adoption of provisional anti-dumping measures, six cooperating exporting producers in the PRC, namely Anhui BBCA Biochemical, RZBC, TTCA, Yixing Union Biochemical, Laiwu Taihe Biochemistry and Weifang Ensign Industry offered price undertakings in accordance with Article 8(1) of the basic Regulation. In these undertakings, the exporting producers have offered to sell the product concerned at or above price levels which eliminate the injurious effects of dumping. Each exporting producer offered one minimum import price for all different product types in order to limit the risk of circumvention.

               (5)

               In addition, the offers provide for the indexation of the minimum prices given that the prices of the product concerned varied significantly, in particular prices increased considerably after the investigation period. The indexation is made in accordance with public international quotations of corn, the main raw material used by the exporting producers. However, the exporting producers offered to fix the minimum prices at least at the level of the non-injurious price even if the indexation would lead to a lower price level.

               (6)

               Laiwu Taihe Biochemistry, which was accorded market economy treatment, offered to calculate its minimum price based on the normal value established during the investigation.

               (7)

               Moreover, the exporting producers, in order to reduce the risk of price violations by means of cross-compensation of prices, firstly offered to report all non-EU sales to those customers whose organisation or structure extends beyond the EU, should the exporting producer sell to this customer in the EU. Secondly, the exporting producers agreed to respect a certain price regime in relation to those non-EU sales.

               (8)

               The exporting producers will also provide the Commission with regular and detailed information concerning their exports to the Community, meaning that the undertakings can be monitored effectively by the Commission.

               (9)

               It is also noted that the China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (‘CCCMC’) is joining the six companies mentioned in recital (4), and that therefore the CCCMC will also play an active role in the monitoring of the undertakings. Thus, the Commission considers the risk of circumventing the agreed undertakings as limited.

               (10)

               Subsequent to the disclosure of the undertaking offers, the Community industry objected to these undertaking offers. The Community industry argued that an indexation based on corn is not appropriate as other main inputs constitute major variant components of the costs and suggested instead an indexation based on both raw material and energy costs. As concerns the Community industry's comments suggesting an indexation based also on energy, it is noted that energy is not a major cost driver. Moreover, there would be no clear source of indexation as the energy required can be produced from different sources such as coal, natural gas or electricity.

               (11)

               The Community industry further argued that, because the exporting producers sell the product covered by the undertaking to multinational companies, there is a high risk of price cross-compensation i.e. the product covered by the undertaking may be sold to the same customer at artificially low prices outside the EC in order to compensate the minimum prices in the EC. In this regard it should be noted that the majority of the companies' export sales to the EC are made to traders and not to multinational companies. Notwithstanding this, and to further reduce the remaining risk of cross-compensation by some specific companies, the offers contain special cross-compensation clauses in respect of sales by the companies concerned to those EC customers whose organisation or structure extends beyond the EU. These clauses significantly reduce the risk of cross-compensation.

               (12)

               In view of this, the undertakings offered by the exporting producers are acceptable.

               (13)

               In order to enable the Commission to monitor effectively the companies' compliance with the undertakings, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on (i) the presentation of an undertaking invoice containing at least the elements listed in the Annex to Regulation (EC) No 1193/2008; (ii) the fact that imported goods are manufactured, shipped and invoiced directly by the said company to the first independent customer in the Community; and (iii) the fact that the goods declared and presented to customs correspond precisely to the description on the undertaking invoice. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty shall instead be payable.

               (14)

               To further ensure the respect of the undertakings, importers have been made aware by the above-mentioned Council Regulation that the non-fulfillment of the conditions provided for by that Regulation, or the withdrawal by the Commission of the acceptance of the undertakings, may lead to the customs debt being incurred for the relevant transactions.

               (15)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertakings offered by the exporting producers mentioned below together with the China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters, in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People's Republic of China, are hereby accepted.

               Country

               Company

               Taric Additional Code

               People's Republic of China

               Anhui BBCA Biochemical Co., Ltd — No 73 Daqing Road, Bengbu City 233010, Anhui Province

               A874

               Manufactured by RZBC Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province

               A926

               Manufactured by RZBC (Juxian) Co., Ltd — West Wing, Chengyang North Road, Ju County, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province

               A927

               TTCA Co., Ltd. — West, Wenhe Bridge North, Anqiu City, Shandong Province

               A878

               Yixing Union Biochemical Co., Ltd — Economic Development Zone Yixing City 214203, Jiangsu Province

               A879

               Laiwu Taihe Biochemistry Co. Ltd, No 106 Luzhong Large East Street, Laiwu, Shandong Province

               A880

               Weifang Ensign Industry Co. Ltd, The West End, Limin Road, Changle City, Shandong Province

               A882

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

      Done at Brussels, 2 December 2008.

            For the Commission

         Catherine ASHTON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1.

      (2)  OJ L 143, 3.6.2008, p. 13.

      (3)  See page 1 of this Official Journal.