Avis juridique important

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31982D0531

82/531/EEC: Council Decision of 19 July 1982 on the conclusion of the Agreement between the European Economic Community and the Government of the Republic of Senegal amending the Agreement on fishing off the coast of Senegal, signed on 15 June 1979, and of the Protocol referring thereto

Official Journal L 234 , 09/08/1982 P. 0008 - 0008 Spanish special edition: Chapter 04 Volume 1 P. 0235  Portuguese special edition Chapter 04 Volume 1 P. 0235

++++ ( 1 ) OJ No C 125 , 17 . 5 . 1982 , p . 188 .   ( 2 ) OJ No L 226 , 29 . 8 . 1980 , p . 17 .   ( 3 ) OJ No L 379 , 31 . 12 . 1981 , p . 64 .   ( 4 ) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council .  COUNCIL DECISION  of 19 July 1982  on the conclusion of the Agreement between the European Economic Community and the Government of the Republic of Senegal amending the Agreement on fishing off the coast of Senegal , signed on 15 June 1979 , and of the Protocol referring thereto   ( 82/531/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  Having regard to the Treaty establishing the European Economic Community , and in particular Article 43 thereof ,  Having regard to the proposal from the Commission ,  Having regard to the opinion of the European Parliament ( 1 ) ,  Whereas the Community and Senegal have conducted negotiations in accordance with the second subparagraph of Article 17 of the Agreement between the Government of the Republic of Senegal and the European Economic Community on fishing off the coast of Senegal ( 2 ) , in order to determine the amendments or additions to be made to the Annexes or to the Protocol referred to in Article 9 thereof ;  Whereas , following these negotiations , an agreement amending the abovementioned fisheries agreement and a protocol were signed on 21 January 1982 ;  Whereas it is in the Community's interest to approve the Agreement ;  Whereas the conclusion of the Agreement renders nugatory Council Decision 81/1055/EEC of 21 December 1981 on the conclusion of an Agreement in the form of an exchange of letters providing for provisional application of the Agreement between the Government of the Republic of Senegal and the European Economic Community amending the Agreement on fishing off the coast of Senegal , and of the Protocol thereto ( 3 ) ,  HAS DECIDED AS FOLLOWS :  Article 1  The Agreement between the European Economic Community and the Government of the Republic of Senegal amending the Agreement on fishing off the coast of Senegal , signed on 15 June 1979 , the Protocol , referring thereto , are hereby approved on behalf of the Community .  The texts referred to in the first subparagraph are attached to this Decision .  Article 2  The President of the Council shall give the notification provided for in Article 2 of the Agreement ( 4 ) .  Article 3  Decision 81/1055/EEC is hereby repealed with effect from the date of entry into force of the Agreement .  Done at Brussels , 19 July 1982 .  For the Council  The President  B . WESTH  AGREEMENT  between the European Economic Community and the Government of the Republic of Senegal amending the Agreement on fishing off the coast of Senegal , signed on 15 June 1979  Article 1  The Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal is hereby amended as follows :  I . Article 4 ( 4 ) shall be deleted .  II . The second subparagraph of Article 5 ( 2 ) shall be worded as follows :   " The amounts payable and the method of payment are set out in Annex I.A . "  The third subparagraph of the said Article 5 ( 2 ) shall be deleted .  III . In Annex I.A , paragraphs 1 , 2 and 3 shall be worded as follows :   " A . Licence application and issuing formalities  The procedures for applications for and issue of licences enabling vessels flying the flags of Member States of the Community to fish in Senegalese waters shall be as follows :  1.1 . The competent Community authorities must present to the competent Senegalese authorities ( SEPM ) ( 1 ) an application for each vessel that wishes to fish under the Agreement .  1.2 . The application shall be made on the forms provided for that purpose by the Government of Senegal . A specimen is attached hereto .  1.3 . The technical services of the State Secretariat for Sea Fisheries shall inform the delegation of the Commission of the European Communities in Dakar as soon as the amount has been established permitting the vessel owner to pay the fees .  After payment of the fee , the licence shall be signed and forwarded to the delegation of the Commission of the European Communities in Dakar .  If within two weeks of notification of the amount due , the fee has not been paid , the Community may make new applications for licences for the tonnage concerned .  1.4 . Licences shall be valid from the date of issue until 31 December of the year in which they were issued .  1.5 . However , trawlers which are not obliged to land their entire catch in Senegal may , within the limits laid down by the Protocol establishing fishing rights and compensation , obtain special licences valid for not more than four months .  1.6 . The fees are set according to the following scale :   ( a ) trawlers landing their entire catch :  CFAF 8 500 per gross register tonne per year for shrimp boats ,  CFAF 7 500 per gross register tonne per year for fish boats ;   ( b ) trawlers not landing their entire catch and fishing throughout the year :  CFAF 17 000 per gross register tonne per year for shrimp boats ,  CFAF 15 000 per gross register tonne per year for fish boats ;   ( 1 ) Secrétariat d'Etat à la Pèche Maritime ( State Secretariat for Sea Fisheries ) .   ( c ) freezer trawlers not landing their entire catch and fishing for a four-month period between 1 April and 30 September :  CFAF 10 500 per gross register tonne ;   ( d ) tuna boats landing their entire catch :  CFAF 2 per kilogram of fish caught ;   ( e ) tuna boats not landing their entire catch :  CFAF 6 per kilogram of fish caught .  2 . The fee shall be set for one year irrespective of the period for which the licence is valid , with the exception of :   ( a ) the special licences referred to under 1.5 ;   ( b ) licences issued pursuant to paragraph 3 ;   ( c ) the case mentioned in Article 4 ( 6 ) of the Agreement .  3 . For licences issued at the beginning of the period of validity of the Protocol establishing fishing rights and compensation , and for licences valid until the expiry date of the said Protocol , the fee shall be in proportion to the period for which the licence is valid . "  IV . Annex I.D shall be worded as follows :   " D . Training grants and scientific programme  The two Parties agree that an essential condition for the success of their cooperation is that the competence and know-how of persons engaged in sea fishing should be improved . To this end , the Community shall make it easier for Senegalese nationals to find places in establishments in its Member States and shall provide 10 study and training grants for a five-year period in the various scientific , technical and economic disciplines connected with fisheries . "  V . The following point shall be added to Annex I :   " F . Signing on of observers  1 . When fishing in Senegalese waters , freezer trawlers flying the flags of Member States of the Community shall accept observers designated by Senegal . The captain shall facilitate the work of the observer who shall be eligible for the facilities provided for the officers of the vessel concerned .  2 . The Senegalese authorities shall communicate to the Commission of the European Communities the names of designated observers .  3 . No vessel shall be required to have more than one observer on board at one time .  4 . Board and lodging shall be provided for the observer by the shipowner of the latter's expense ; his meals shall be served in the officer's mess-room . He shall be lodged in the areas provided for the officers or , if this is impossible , in a living area distinct from that provided for the crew .  5 . The vessel owner shall reimburse the Senegalese Government at a flat rate , including all charges , of FCFA 8 000 per day spent by the observer on board the vessel .  Article 2  This Agreement shall enter into force on the date on which the Parties notify each other of the completion of procedures necessary for this purpose .  PROTOCOL  establishing the fishing rights and compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal , for the period 16 November 1981 to 15 November 1983  THE PARTIES TO THIS PROTOCOL ,  Having regard to the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal , signed on 15 June 1979 and amended by the Agreement signed on 21 January 1982 ,  HAVE AGREED AS FOLLOWS :  Article 1  The limits referred to in Article 4 of the abovementioned Agreement shall be set as follows :  1 . tuna boats obliged to land their entire catch in Senegal : 3 000 gross register tonnes ;  2 . trawlers obliged to land their entire catch in Senegal : 2 150 gross register tonnes ;  3 . tuna boats not obliged to land their entire catch in Senegal : 23 300 gross register tonnes ;  4 . trawlers not obliged to land their entire catch in Senegal   ( a ) for the whole year 5 000 gross register tonnes ;   ( b ) for a four-month period between 1 April and 30 September 9 000 gross register tonnes over and above the tonnage referred to under ( a ) .  Article 2  1 . The compensation referred to in Article 9 of the Agreement shall be set at CFAF 2 500 million to be mobilized in two annual instalments .  2 . The compensation shall be paid out in accordance with the following procedure :   _ for one-third into an account opened in the name of the State Secretariat for Sea Fisheries ,   _ for two-thirds into the account of the Treasurer-General of Senegal .  Article 3  Should the European Economic Community fail to make the payments provided for in this Protocol , the Agreement on fishing shall be suspended .  Article 4  The Community shall in addition contribute CFAF 100 million towards the financing of a Senegalese scientific programme . This sum shall be put at the disposal of the Centre for Oceanographic Research of Dakar-Thiaroye ( CRODT ) which comes under the Senegalese Institute for Agricultural Research ( ISRA ) .  Article 5  This Protocol shall enter into force on the date on which the Parties notify one another of the completion of the procedures necessary for this purpose .


title: Decision

text:
               16.12.2015

               EN

               Official Journal of the European Union

               C 420/1

         DECISION
   (2015/C 420/01)
   THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,

               —

               Having regard to Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), as amended by Council Regulation (EC, Euratom) No 723/2004 (2) and most recently by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (3), in particular Article 30 of those Staff Regulations,

               —

               Having regard to the Bureau Decision of 13 January 2014 on the delegation of the powers of the appointing authority and of the authority empowered to conclude contracts of employment,

               —

               Having regard to the expiry date of 31 December 2015 set for the following European Parliament reserve lists:

                           —

                           AD/1/12, PE/96/S, PE/106/S, PE/110/S, PE/117/S, PE/118/S, PE/124/S, PE/154/S, AST/4/11 and AST/5/11,

               —

               Having regard to the opinion of the Joint Committee issued at its meeting of 28 October 2015,

         HAS DECIDED:
   Article 1
   The period of validity of the following reserve lists:

               AD/1/12, PE/106/S, PE/124/S, AST/4/11 and AST/5/11

         shall be extended until 31 December 2016.
   Article 2
   The period of validity of the following reserve lists:

               PE/96/S, PE/110/S, PE/117/S, PE/118/S and PE/154/S

         shall not be extended.

      Done at Luxembourg, 13 November 2015.

         Klaus WELLE

            Secretary-General

      (1)  OJ L 56, 4.3.1968, p. 1.

      (2)  OJ L 124, 27.4.2004, p. 1.

      (3)  OJ L 287, 29.10.2013, p. 15.


title: Administrative Commission of the European Communities on social security for migrant workers - Decision no 200 of 15 December 2004 concerning the methods of operation and the composition of the Technical Commission on Data Processing of the Administrative Commission on Social Security for Migrant WorkersText with EEA relevance

text:
               23.4.2005

               EN

               Official Journal of the European Union

               L 104/42

      DECISION
      No 200
   of 15 December 2004
   concerning the methods of operation and the composition of the Technical Commission on Data Processing of the Administrative Commission on Social Security for Migrant Workers
   (Text with EEA relevance)
   (2005/324/EC)
   THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 81(d) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (1), under which the Administrative Commission shall foster and develop cooperation between Member States by modernising procedures for the exchange of information, in particular by adapting the information flow between institutions for the purpose of telematic exchange, taking account of the development of data processing in each Member State, with a view to expediting the award of benefits;
   Having regard to Article 117c(1) of Council Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (2), under which the Administrative Commission shall set up and determine the methods of operation and composition of a Technical Commission, which shall, pursuant to Articles 117, 117a and 117b, deliver reports and a reasoned opinion before decisions are taken;
   Taking account of the consequences of the enlargement of the European Union on 1 May 2004 on the functioning of the Technical Commission,
   HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Administrative Commission on Social Security for Migrant Workers sets up the Technical Commission on Data Processing provided for in Article 117c(1) of Regulation (EEC) No 574/72. It shall be called ‘the Technical Commission’.
   2.   The Technical Commission shall have the functions laid down in Article 117c(2) of Regulation (EEC) No 574/72.
   3.   The mandate with regard to the specific tasks of the Technical Commission shall be set by the Administrative Commission on Social Security for Migrant Workers, who may modify these tasks as required.
   Article 2
   The Technical Commission shall adopt its reports and reasoned opinions where necessary on the basis of technical documents and studies. It can request from national administrations any information it deems necessary for appropriate accomplishment of its tasks.
   Article 3
   1.   The Technical Commission shall be composed of two members from each Member State, one of whom shall be nominated as the standing member, with the other designated as his deputy. The nominations from each Member State shall be forwarded to the Secretary-General of the Administrative Commission by the government representative for the Member State on the Administrative Commission.
   2.   Reports and reasoned opinions shall be adopted by simple majority of all members of the Technical Commission, each Member State having a single vote that shall be cast by the standing member or in his absence by his deputy. The reports or reasoned opinions of the Technical Commission must indicate whether they were reached unanimously or by simple majority. They must, should there be a minority, set out conclusions or reservations of the minority.
   3.   A representative of the Commission of the European Communities or a person designated by him shall act in a consultative capacity within the Technical Commission.
   Article 4
   The office of Chairman of the Technical Commission shall be held each half-year by either the standing member or another designated official belonging to the State whose representative on the Administrative Commission holds the office of Chairman of that Commission for the same period. The Chairman of the Technical Commission shall report on the activities of the Technical Commission as required by the Chairman of the Administrative Commission.
   Article 5
   The Technical Commission may set up ad hoc working groups to consider specific issues. The Technical Commission shall describe the tasks to be taken forward by such working groups, the timetable for completion of those tasks and the financial implications of its action in the work programme mentioned in Article 7.
   Article 6
   The Secretariat of the Administrative Commission shall prepare and organise the meetings of the Technical Commission and draw up the minutes thereof.
   Article 7
   The Technical Commission shall submit a detailed work programme to the Administrative Commission for its approval. The Technical Commission shall also report each year, to the Administrative Commission, on its activities and achievements in relation to the work programme and with any proposals for amending it.
   Article 8
   Any proposed action of the Technical Commission involving expenses to be borne by the Commission of the European Communities is subject to the approval of the representative of that institution.
   Article 9
   The languages of the Technical Commission shall be the same as those recognised as official languages of the Community institutions in accordance with the Article 290 of the Treaty establishing the European Community.
   Article 10
   The supplementary rules laid down in the attached Annex shall also apply to the Technical Commission.
   Article 11
   This Decision shall replace the Decision No 169 of the Administrative Commission (3).
   Article 12
   This decision shall be published in the Official Journal of the European Union.
   It shall apply from 1 March 2005.

            The Chairman of the Administrative Commission

         C.-J. VAN DEN BERG

      (1)  OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council (OJ L 100, 6.4.2004, p. 1).

      (2)  OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation (EC) No 631/2004.

      (3)  OJ L 195, 11.7.1998, p. 46.

      ANNEX
      SUPPLEMENTARY RULES OF THE TECHNICAL COMMISSION
      1.   Attendance at meetings

                  (a)

                  If the Chairman in office is prevented from attending a meeting of the Technical Commission, his deputy shall act as chairman.

                  (b)

                  Members may be accompanied at the meetings of the Technical Commission by one or more additional experts where this is necessary because of the nature of the subjects to be dealt with. Each delegation may, as a rule, consist of not more than four persons.

                  (c)

                  The representative of the Commission of the European Communities or a member of the Secretariat or any other person designated by the Secretary-General of the Administrative Commission shall attend all meetings of the Technical Commission or its adhoc working groups. Those meetings may furthermore be attended, where this is relevant to the question to be dealt with, by a representative of other departments of the Commission of the European Communities.

            2.   Voting

                  (a)

                  When a standing member of the Technical Commission holds the office of Chairman, his deputy shall vote in his place.

                  (b)

                  Any member present when a vote is taken who abstains from voting shall be invited by the chairman to state his reasons for abstaining.

                  (c)

                  When the majority of members present abstain, the proposal put to the vote shall be considered as not having been taken into consideration.

            3.   Agenda

                  (a)

                  The provisional agenda of each meeting of the Technical Commission shall be drawn up by the Secretariat in consultation with the chairman of the Technical Commission. Before proposing to include an item in the agenda, the Secretariat may, where this appears necessary, ask the delegations concerned to make their views on this question known in writing.

                  (b)

                  The provisional agenda shall, in principle, comprise items for which a request submitted by a member or by the representative of the Commission of the European Communities and, where appropriate, notes relating to it have been received by the Secretariat at least 20 working days before the beginning of the meeting.

                  (c)

                  The provisional agenda shall be sent at least 10 working days before the beginning of each meeting to the members of the Technical Commission, the representative of the Commission of the European Communities, and any other person expected to be attending the meeting. The documents relating to the items on the agenda shall be sent to them as soon as they are available.

                  (d)

                  At the beginning of each meeting the Technical Commission shall approve the agenda of the meeting. A unanimous vote of the Technical Commission is required for the inclusion in the agenda of any items other than those appearing on the provisional agenda. Except in cases of urgency, members of the Technical Commission may reserve their final position until the following meeting with regard to items appearing on the provisional agenda for which they have not received the relevant documents in their own language five working days before the beginning of the meeting.

            4.   Ad hoc working groups

                  (a)

                  Ad hoc working groups shall be presided over by an expert designated by the Chairman of the Technical Commission in consultation with the representative of the Commission of the European Communities or, failing this, by an expert representing the State whose representative on the Administrative Commission holds the office of Chairman of that Commission.

                  (b)

                  The chairman of the ad hoc working group shall be summoned to the meeting of the Technical Commission in the course of which the report of that ad hoc working group is discussed.

            5.   Administrative matters

                  (a)

                  The Chairman of the Technical Commission may give the Secretariat any instructions for meetings to be held and for the performance of activities that are within the scope of the functions of the Technical Commission.

                  (b)

                  The Technical Commission shall be convened by a letter of convocation sent to the members and the representative of the Commission of the European Communities 10 working days before the meeting by the Secretariat in consultation with the Chairman of the Technical Commission.

                  (c)

                  Minutes are to be recorded for each meeting and are, in principle, to be approved at the following meeting.


Avis juridique important

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31982D0271

82/271/EEC: Council Decision of 29 April 1982 under the Treaties, concerning fishery activities in waters under the sovereignty or jurisdiction of Member States, taken on a temporary basis pending the adoption of permanent Community measureso

Official Journal L 120 , 01/05/1982 P. 0029 - 0029

*****COUNCIL  DECISION  of 29 April 1982  under the Treaties, concerning fishery activities in waters under the sovereignty or jurisdiction of Member States, taken on a temporary basis pending the adoption of permanent Community measures  (82/271/EEC)  The Council refers to its declaration of 30 May 1980 on the implementation of the common fisheries policy (1).  Pending a decision in this area and bearing in mind the Community's exclusive competence in the matter and the obligations on the Member States, as defined by the Court of Justice, the Council has decided as follows:  From 1 May 1982 until a decision is adopted or until 31 May 1982, whichever is the earlier, the Member States shall conduct their fishing activities in accordance with the usual seasonal cycles, taking into account the TACs proposed by the Commission on 24 July 1981 and the portion of those TACs which remains available to the Community bearing in mind its commitments to third countries.  Done at Luxembourg, 29 April 1982.  For the Council  The President  P. de KEERSMAEKER  (1) OJ No C 158, 27. 6. 1980, p. 2.


Avis juridique important

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32002D0501

2002/501/EC: Commission Decision of 18 March 2002 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the certificate referred to in paragraph 6 of the Agreement on reciprocal preferential trade concessions for certain wines (notified under document number C(2002) 666)

Official Journal L 169 , 28/06/2002 P. 0063 - 0063

Commission Decisionof 18 March 2002on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the certificate referred to in paragraph 6 of the Agreement on reciprocal preferential trade concessions for certain wines(notified under document number C(2002) 666)(2002/501/EC)THE COMMISSION OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Decisions 2001/918/EC(1) and 2001/919/EC(2) concerning the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, and an Additional Protocol adjusting the trade aspects of the Interim Agreement between the European Community and the Republic of Croatia to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, and in particular Article 3 thereof,Whereas:(1) Within these Decisions the Council has concluded with the Republic of Croatia Additional Protocols including Agreements on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, hereinafter referred to as "Additional Protocols on wine". The Additional Protocols on wine apply as of 1 January 2002.(2) Paragraph 6 of Annex 1 (Agreement on reciprocal preferential trade concessions for certain wines) of the Additional Protocols on wine to the Stabilisation and Association Agreement and the Interim Agreement, concluded on 7 December 2001, stipulates that the entitlement to benefit from the tariff concessions is subject to presentation of a certificate issued by a mutually recognised official body appearing on a list drawn up jointly, to the effect that the wine in question complies with point 5(b).(3) The Commission, on behalf of the Community, and the Republic of Croatia have agreed in the Additional Protocols on wine to the Stabilisation and Association Agreement and the Interim Agreement implementing rules for the abovementioned certificate. Therefore, the Commission should approve these rules agreed upon in the form of an Exchange of Letters.(4) The measures provided for in this Decision and in the attached Exchange of Letters are in accordance with the opinion of the Customs Code Committee,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the certificate referred to in paragraph 6, Annex 1 of the Agreement on reciprocal preferential trade concessions for certain wines is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.The Director-General for Agriculture and Rural Development of the Commission of the European Communities is authorised to sign the Agreement in the form of an Exchange of Letters.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 18 March 2002.For the CommissionFranz FischlerMember of the Commission(1) OJ L 342, 27.12.2001, p. 42.(2) OJ L 342, 27.12.2001, p. 60.


Avis juridique important

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31984D0471

84/471/EEC: Council Decision of 3 October 1984 amending Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community (St Christopher and Nevis, Brunei)

Official Journal L 266 , 06/10/1984 P. 0018 - 0019 Spanish special edition: Chapter 11 Volume 21 P. 0084  Portuguese special edition Chapter 11 Volume 21 P. 0084

*****COUNCIL  DECISION  of 3 October 1984  amending Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community (St Christopher and Nevis, Brunei)  (84/471/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (1), as last amended by Decision 83/370/EEC (2), and in particular Article 143 thereof,  Having regard to the proposal from the Commission,  Whereas St Kitts-Nevis and Brunei which appeared in the list of countries and territories in Annex I to Decision 80/1186/EEC have gained independence, St Kitts-Nevis on 19 September 1983, under the name of St Christopher and Nevis, and Brunei on 1 January 1984;  Whereas the Second ACP-EEC Convention has applied to St Christopher and Nevis since 5 March 1984; whereas the Council, by its Decision 84/470/EEC (3), modified the amounts made available to the European Development Fund (1979) with regard to the ACP States and the overseas countries and territories; whereas the amounts provided for in Article 83 of Decision 80/1186/EEC should be modified;  Whereas Annex I to Decision 80/1186/EEC should also be amended,  HAS DECIDED AS FOLLOWS:  Article 1  Decision 80/1186/EEC is hereby amended as follows:  1. Article 83 is replaced by the following:  'Article 83  For the period of application of this Decision, the overall amount of the Community's financial assistance shall be 88,6 million ECU.  This amount shall comprise:  1. 73,6 million ECU from the European Development Fund, hereinafter referred to as 'the Fund', allocated as follows:  (a) 64,6 million ECU for the purposes set out in Articles 79 and 80, consisting of:  - 37,6 million ECU in the form of grants,  - 20 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 set up under the provisions relating to mineral products;  (b) for the purposes set out in Title II, up to 9 million ECU, in the form of transfers for the stabilization of export earnings.  2. For the purposes set out in Articles 79 and 80, up to 15 million ECU in the form of loans from the Bank, made from its own resources in accordance with the terms and conditions provided for in its Statute. These loans shall carry, in accordance with the conditions provided for in Article 87, a 3 % interest rate subsidy, the cost of which shall be charged against the amount of aid provided for in 1 (a).  3. The amounts provided for in the form of grants and special loans, i.e. 57,6 million ECU, less the allocations for regional cooperation projects and emergency aid, as provided for in Article 114 (2) and Article 117 respectively and the amount, if any, earmarked for interest subsidies for the loans from the Bank, shall be allocated as follows:  - French overseas territories: 18 million ECU,  - Netherlands Antilles: 20 million ECU,  - British overseas countries and territories: 3,1 million ECU.  2. In Annex I,  - point 4, the terms 'Associated States in the Caribbean (Anguilla, St Kitts-Nevis)' shall be replaced by 'Anguilla',  - point 5 shall be deleted.  Article 2  This Decision shall apply from 1 September 1984.  Done at Luxembourg, 3 October 1984.  For the Council  The President  P. BARRY  (1) OJ No L 361, 31. 12. 1980, p. 1.  (2) OJ No L 204, 28. 7. 1983, p. 61.  (3) See page 16 of this Official Journal.


title: Council Decision (EU) 2015/2238 of 30 November 2015 appointing a Dutch alternate member of the Committee of the Regions

text:
               3.12.2015

               EN

               Official Journal of the European Union

               L 317/36

         COUNCIL DECISION (EU) 2015/2238
   of 30 November 2015
   appointing a Dutch alternate member of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Dutch Government,
   Whereas:

               (1)

               On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 18 September 2015, by Council Decision (EU) 2015/1573 (4), Ms Nienke HOMAN was appointed as alternate member until 25 January 2020.

               (2)

               An alternate member's seat has become vacant following the end of the term of office of Ms Nienke HOMAN,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr H. (Henk) STAGHOUWER, Member of the Executive Council of the Province of Groningen.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 30 November 2015.

            For the Council

            The President

         É. SCHNEIDER

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.

      (4)  OJ L 245, 22.9.2015, p. 10.


title: 86/358/EEC: Council Decision of 14 July 1986 concerning the conclusion of a Community COST Concertation Agreement on a concerted action project in the field of aquatic primary biomass (marine macroalgae) (COST Project 48)

text:
No L 216 / 12                               Official Journal of the European Communities                                                   5 . 8 . 86
                                                          COUNCIL DECISION
                                                              of 14 July 1986
                    concerning the conclusion of a Community COST Concertation Agreement on a concerted
                              action project in the field of aquatic primary biomass (marine macroalgae)
                                                            ( COST Project 48 )
                                                               ( 86 / 358 / EEC )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                    Whereas this Agreement should be approved ,
 Having regard to the Treaty establishing the European
 Economic Community ,                                                         HAS DECIDED AS FOLLOWS :
 Having regard to the draft Decision submitted by the
 Commission ,                                                                                Article 1
 Whereas by its Decision 85 / 195 / EEC ( 1 ), the Council                    The Community COST Concertation Agreement on a
 adopted a multiannual research action programme for                          concerted action project in the field of aquatic primary
 the European Economic Community in the field of                              biomass (marine macroalgae) ( COST Project 48 ) is hereby
 biotechnology ( 1985 to 1989 ) including a concerted action                  approved on behalf of the Community .
 project on aquatic primary biomass (marine macroalgae);
                                                                              The text of the Agreement is attached hereto .
 Whereas Article 7 ( 1 ) of Decision 85 / 195 / EEC lays down
 that the Community may conclude Agreements with
                                                                                Article 2
 non-member States participating in European Cooperation
 in the field of Scientific and Technical Research ( COST ) with
 a view to ensuring cooperation between the Community                         The President of the Council shall give the notification
 concerted action project on aquatic primary biomass (marine                 provided for in Article 6 ( 2 ) of the Agreement ( 2 ).
 macroalgae) and the relevant programmes of such States ;
Whereas Article 7 ( 2 ) of the said Decision authorizes the                   Done at Brussels , 14 July 1986 .
 Commission to negotiate the said Agreements ;
                                                                                For the Council
Whereas pursuant to the said Article 7 ( 2 ) the Commission                                                                  The President
has completed these negotiations ;                                                                                M. JOPLING
                                                                             ( 2 ) The date of entry into force of the Agreement will be published in
                                                                                the Official Journal of the European Communities by the
(») OJ NO L 83 , 25 . 3 . 1985 , p. 1 .                                            General Secretariat of the Council .


Avis juridique important

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31992D0313

92/313/EEC: Commission Decision of 13 June 1992 accepting an undertaking given in connection with the review proceeding of the anti- dumping measure concerning imports of container corner fittings of worked cast steel originating in Austria and terminating the investigation

Official Journal L 165 , 19/06/1992 P. 0037 - 0041

COMMISSION DECISION  of 13 June 1992  accepting an undertaking given in connection with the review proceeding of the anti-dumping measure concerning imports of container corner fittings of worked cast steel originating in Austria and terminating  the investigation  (92/313/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 10, 14 and 15 thereof,  After consultation within the Advisory Committee as provided for by the above Regulation,  Whereas,  A. PROCEDURE  (1) In September 1985, the Commission, by Decision 85/443/EEC (2), accepted an undertaking given in connection with the anti-dumping investigation concerning imports of container corner fittings of worked cast steel originating in Austria and terminated  that investigation.  (2) Following the publication in March 1990 (3) of a notice of the impending expiry of the measure in force, the Commission received a request for a review lodged by George Blair Ltd of Newcastle (UK), representing a major part of Community production  of the product under consideration. The complaint contained evidence showing that the expiry of the measure would lead again to injury or threat of injury, and this evidence was considered sufficient to justify the initiation of an investigation.  In a notice published in the Official Journal of the European Communities (4), the Commission accordingly announced its intention to carry out a review of the anti-dumping measure in force.  Subsequently, in a notice published in the Official Journal of the European Communities (5), the Commission announced a review of the anti-dumping measure in force.  (3) The Commission officially notified the Austrian producer, the importers known to be concerned, the representatives of the exporting country and the complainants.  It called on the parties concerned to reply to the questionnaires sent to them, and gave them the opportunity to make their views known in writing and to request a hearing.  (4) All Community producers replied to the questionnaires and made their views known in writing. The representatives of the complainant requested and were granted hearings by the Commission.  (5) The Austrian producer replied to the questionnaire and made its views known in writing.  (6) None of the 11 companies known as importers of container corner fittings submitted a full reply to the questionnaires sent out by the Commission.  However, a company not known at the outset of the investigation, Maersk Container Industri AS, Tinglev, Denmark, which was recently established with the objective of producing and selling steel containers for seafreight, submitted a memorandum. The  arguments made by this company were taken into consideration in the course of the investigation.  (7) Using as a source the parties which had agreed to cooperate with it, the Commission sought and verified all the information it deemed necessary for the purpose of determining dumping, injury and the threat of injury and carried out inspections at  the premises of:  - Community proudcers:  - G. Blair Ltd, Newcastle, United Kingdom,  - Fundiciones Especiales Zaragoza SA, Zaragoza, Spain,  - Thome Cromback, Nouzonville, France;  - Producer in Austria:  Maschinenfabrik Liezen GmbH, Liezen, Austria (previously known as Voest Alpine AG, Liezen).  (8) The Austrian producer was provided with information on the essential facts and considerations which would serve as the basis for the recommendation to impose definitive measures. They were also given time to submit their comments following the  communication of this information. Their comments were examined and, where appropriate, taken into account in the Commission's conclusions.  (9) The investigation into dumping covered the period from 1 January to 30 September 1990.  This proceeding overran the one-year period laid down in Article 7 (9) (a) of Regulation (EEC) No 2423/88 because of the duration of the exchanges of information with the Austrian producer following the disclosure mentioned in recital 8.  B. PRODUCT CONCERNED, LIKE PRODUCT, COMMUNITY INDUSTRY  (10) The product concerned is fitted to containers which are used for shipping goods door-to-door. The fittings act as security points and lifting locations and there are eight such fittings, known as a set, for each container. They fall within CN code  ex 7325 99 90.  (11) Container corner fittings are required to conform to certain standards, mainly set up by the International Standards Organization (ISO) but sometimes established for railroad transport by the 'Union Internationale des Chemins de fer' and known as  'UIC' standards.  During the reference period, the UIC types represented only about 1 % of the Austrian producer's deliveries on the Community market. Exports of UIC type container corner fittings were therefore disregarded and the investigation concentrated on ISO  types.  (12) The Community industry manufactures container corner fittings to the same ISO standards and which have the same physical characteristics and uses as those imported into the Community from Austria.  (13) The Commission therefore considered that the products manufactured by Community producers should be considered to be like products within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88 to those exported from Austria.  (14) The Company having requested the review, together with the two other Community producers who also cooperated with the Commission investigation, account for 100 % of the total Community output of container corner fittings. The Commission therefore  considerd that these three Community producers constituted the Community industry within the meaning of Article 4 (5) of Regulation (EEC) No 2423/88.  C. DUMPING  1. Methodology of the investigation  (15) As indicated in recital 11, container corner fittings, the subject of the investigation, conform to ISO standards, which provide specifications for several models, with slight differences having an impact on the weight of each corner.  Therefore, in order to avoid difficulties which may have arisen from weight differences between ISO models (mainly 'standard model' of 10-11 kg/piece and 'Italian model' of 11-12,30 kg/piece) all dumping calculations were based on prices or costs per  kilogram, as this method appeared to be the most relevant in the case of products manufactured in a foundry.  2. Normal value  (16) In no case did the volume of sales of the like product on the exporter's domestic market exceed the threshold of 5 % of the volume of exports of the product to the Community, set by the Commission in previous cases. Domestic sales were therefore  considered unrepresentative and normal value was based on a constructed value determined by adding cost of production and a reasonable margin of profit, in accordance with Article 2 (3) (b) (ii) of Regulation (EEC) No 2423/88.   (17) The costs of production were computed on the basis of all costs, in the ordinary course of trade, both fixed and variable, in the country of origin, of materials and manufacture, plus a reasonable amount for selling, administrative and other  general expenses.  (18) For the purpose of calculating the amount for selling, administrative and other general expenses, in accordance with the provisions of Article 2 (3) (b) (ii) of Regulation (EEC) No 2423/88, it appeared that the level of expenses incurred by the  Austrian producer on its sales of the like product on its domestic market could not be taken into account because these sales did not reach 5 % of export sales to the Community and thus were unrepresentative.  As data concerning the expenses incurred by other producers in the country of origin were unavailable, the Commission would have considered appropriate to refer to the sales made by the Austrian producer in the same business sector, i.e. the foundry  division.  However, the Austrian producer claimed that these expenses should be allocated in a specific way between the different divisions of the company. In the absence of supporting evidence justifying such allocation, the Commission considered that the most  reasonable basis, within the meaning of Article 2 (3) (b) (ii) in fine of Regulation (EEC) No 2423/88, for the purpose of calculating the selling, administrative and other general expenses, was to refer to the total amount of these expenses incurred by  the Austrian producer and to make a distribution in proportion to the turnover, as provided for by Article 2 (11) of Regulation (EEC) No 2423/88.  A profit margin of 6 % calculated on the turnover was added to these costs. This margin, which corresponds to a slight increase from 5 % used in the previous investigation, was considered to be reasonable, given the peculiarities and investment  requirements of the sector concerned, considered in the light of its current situation.  3. Export price  (19) All export transactions to the Community were made to independent buyers. Export prices were therefore determined on the basis of the prices actually paid or payable for the products sold for export to the Community. For this purpose, about 98 % of  all transactions were taken into account.  4. Comparison  (20) The comparison between normal value and export prices was made at ex-factory level on a transaction by transaction basis. For the purpose of ensuring a fair comparison, as provided for by Article 2 (9) and (10) of Regulation (EEC) No 2423/88, due  allowance in the form of adjustments was made for the differences affecting price comparability.  Such adjustments were made, where applicable, either to normal value or export price, for credit, commissions, transport and other ancillary costs on the basis of the information verified at the premises of the Austrian producer Machinenfabrik Liezen.  5. Dumping margin  (21) The above examination of the facts shows the persistence of dumping in respect of exports made by Maschinenfabrik Leizen, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the  Community.  The margins found vary slightly according to the importing Member State, the weighted average dumping margin being in excess of 20 % of the free at Community frontier value, uncleared through customs.  D. INJURY  (22) In the case under consideration, the Commission's task was to determine whether the expiry of the measures in force would lead again to injury or threat of injury.  I. Current situation  1. Consumption on the Community market  (23) Between 1987 and the investigation period the total estimated consumption in the Community of the product under investigation increased by 164 %.  2. Volume and price of imports. Market share of dumped imports  (24) Between 1987 and the end of 1990, the total wieght of imports from Austria, which for reasons of confidentiality is based on Eurostat figures, rose from 986 tonnes to 3 615 tonnes, i.e. an increase of 266 %. During the same period, declared import  values only rose by 248 %, which means a decrease in unit prices which was established at 4,8 %. The confidential data provided by the Austrian producer which cooperated in the investigation confirmed these trends.  (25) The Austrian producer whose market share was already substantial in 1987 has doubled it at the end of the reference period.  3. Situation of the Community industry  (a) Community production and capacity utilization  (26) Between 1987 and the reference period, Community industry's production increased by 62 %. However, this increase must be considered in the light of a demand which expanded by 164 % during this period. With regard to capacity utilization, a slight  improvement was noted.  (b) Market share  (27) Although sales of Community industry rose by 90,5 % between 1987 and the reference period, the increase in demand meant that the Community industry lost 28 % of the Community market during that period.  (c) Prices  (28) For the purposes of calculating whether undercutting had occurred, the Austrian sales prices of ISO type container corner fittings were compared with the sales prices of Community industry's like products on the German, Italian and UK markets  (these markets representing 95 % of the Austrian company's total volume of sales in the Community). The same level of trade was respected in all cases. The comparison was made at the delivered, customs cleared stage for the Austrian sales and at the  delivered stage for the products sold by the Community industry.  The weighted average level of price undercutting was found to be 6,3 %. No violation of the undertaking in force has, however, been established.  (d) Profits  (29) Following the imposition of the measure, the Community industry's overall profitability slightly improved in the period 1987 to 1989. However, as the starting point was very low in the sector of container corner fittings and due to the  deterioration noted since 1990, all Community manufacturers sold at a loss during the reference period.  4. Conclusion  (30) The Commission accordingly concluded, on the basis of the above, that the situation of the Community industry is relatively weak. In particular, its market share sharply decreased and its activity in the sector of container corner fittings remained  unprofitable. While the existing measure had some beneficial effect for the Community industry, it appears that it had only limited the impact of dumping and that the injury suffered through the effects of dumping would have been even more severe in its  absence.  II. Possible recurrence of Injury  (31) In order, in these circumstances, to forecast the effect of the expiry of the anti-dumping measure, the Commission considered the following points.  Despite the measure currently in force, the Community industry's situation remained precarious. In such a context, it can be expected that the expiry of the measure would even worsen that situation. Indeed, it can be forecasted that without measure the  exporter would even decrease further its prices in order to increase its market share in the Community at the expense of the Community industry. Such a reduced volume of sales would increase further the Community industry's costs and thus increase its  losses.  (32) In these circumstances, the Commission considered that if the measure was allowed to lapse, this would lead to further material injury for the community industry.  E. COMMUNITY INTEREST  (33) In considering the Community interest, the Commission has taken account of the interest of the Community container corner fittings industry, the users and the final consumers of the end product.  In the absence of measures, a continuation of the trend observed would lead to the most negative consequences for the Community industry concerned and endanger its short-term viability. The loss of this industry would have serious consequences from the  point of view of employment and investment expenditure. It is in the interest of the Community that such consequences do not occur and that sufficiently diverse sources of supply be maintained within the Community.  (34) As far as the purchasers of container corner fittings and final consumers of containers are concerned, it may be argued that they could derive some benefit from buying low-priced container corner fittings. Any such benefit, however, would be  minimal for the end users, since the product in question accounts for only a tiny fraction of the final price of the products of which it forms part.  (35) Having balanced the above arguments, the Commission concluded that the Community's interest lies in maintaining defensive measures against imports at dumped prices of ISO type container corner fittings.  F. UNDERTAKING  (36) After the disclosure of its findings by the Commission, the Austrian producer offered a price undertaking concerning its exports to the Community of ISO type container corner fitting of worked cast steel.  The effect of the said undertaking will be to increase export prices to the Community to the level which the Commission considered sufficient to eliminate injury, by allowing the Community producers to apply selling prices which eliminate the losses and  provide them with an adequate return. The consequent and necessary price increase of the Austrian producer in no case exceeds the dumping margin found in the investigation.  In these circumstances, the undertaking offered is considered acceptable and the investigation may, therefore, the terminated without imposition of anti-dumping duties.  (37) Should this undertaking not be complied with or be withdrawn by the exporter concerned, the Commission could, in accordance with Article 10 (6) of Regulation (EEC) No 2423/88, immediately impose a provisional duty on the basis of the results and  conclusions of the investigation set out in recitals 10 to 35.  (38) No objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking offered by Maschinenfabrik Liezen GmbH, Liezen, Austria, in connection with the review proceeding of the anti-dumping measure concerning imports of container corner fittings of worked cast steel falling within CN code ex 7325  99 90, originating in Austria, is hereby accepted.  Article 2  The anti-dumping investigation in connection with the review proceeding referred to in Article 1 is hereby terminated. Done at Brussels, 13 June 1992. For the Commission  Frans ANDRIESSEN  Vice-President   (1) OJ No L 209, 2. 8. 1988, p. 1. (2) OJ No L 256, 27. 9. 1985, p. 44. (3) OJ No C 82, 31. 3. 1990, p. 11. (4) OJ No C 205, 17. 8. 1990, p. 20. (5) OJ No C 310, 11. 12. 1990, p. 7.