Avis juridique important

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32000D0667

2000/667/EC: Commission Decision of 20 October 2000 terminating the examination procedure concerning changes made by the United States of America in their rules of origin for textiles and apparel products (notified under document number C(2000) 3070)

Official Journal L 278 , 31/10/2000 P. 0035 - 0038

Commission Decisionof 20 October 2000terminating the examination procedure concerning changes made by the United States of America in their rules of origin for textiles and apparel products(notified under document number C(2000) 3070)(2000/667/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation(1), as last amended by Regulation (EC) No 356/95(2), and in particular Article 11(1) thereof,After consulting the Advisory Committee.Whereas:A. PROCEDURAL BACKGROUND(1) On 11 October 1996, Federtessile (Italian Federation of Textile Industries) lodged a complaint under Article 4 of Regulation (EC) No 3286/94 (hereinafter "the Regulation") on behalf of the association representing the Italian silk industry and the association representing the Italian luxury finishing textile industry and their members, concerning the new US rules of origin for textile and apparel products, as foreseen under the Uruguay Round Agreements Act adopted by the US Congress in July 1995.(2) The complainant alleged that the changes made by the USA to their rules of origin legislation for textile products constituted an obstacle to trade within the meaning of Article 2(1) of the Regulation. More specifically, the complainant referred to two Agreements annexed to the Agreement Establishing the World Trade Organisation (hereinafter "the WTO Agreement"): Article 4(2) of the Agreement on Textiles and Clothing and Article 2(b) and (c) of the Agreement on Rules of Origin. According to the complainant, these new rules refused Community originating status to products which have been dyed, printed and finished in the Community on loom-state fabrics produced in non-member countries. Under previous US legislation, that was prior to July 1995, these products had Community origin. Under the new 1995 rules, certain fabrics, silk handkerchiefs and scarves were considered to originate where the base fabric was knit and woven, notwithstanding any further processing.(3) The complainant pointed out that this change threatened Community exports of textile products. Community exports no longer benefited from the free access to the US market that they had enjoyed previously but were subject to any quantitative restrictions that the USA was maintaining vis-à-vis the third country where the weaving of the grey cloth (i.e. the fabric on which subsequent finishing operations were made in the EC) took place. A second category of effects invoked by the complainant concerned the labelling of the Community products exported into the USA. For instance, silk scarves made of Chinese fabrics processed in Italy could no longer be sold under the label "made in Italy" but had to indicate "made in China", in some cases just next to the trade mark. This marking requirement clearly affected the brand image, in particular since products exported from the European Communities to the USA are in the high-quality/high-value bracket.(4) After having examined the admissibility of the complaint, the European Commission considered that the complaint contained sufficient evidence to justify the initiation of a procedure under the Regulation. The European Commission considered that Article 4(2) of the Agreement on Textiles and Clothing could provide the basis for an action for all Community textile exports to the USA which would have been or may have been subject to the quantitative restrictions imposed by the USA on fibre producers. This situation is expressly provided for by Article 4(2) of the Agreement on Textiles and Clothing, which specifies, inter alia, that the introduction of changes in rules on the implementation or administration of those restrictions notified or applied under the Agreement should not adversely affect the access available to a member or disrupt trade in textiles products.(5) The Commission also considered that a significant aspect of the problem lay in the requirement to label the products in question as originating in the country which produced the loom-state fabric and not in the European Community or one of its Member States. This practice was likely to turn the US consumer away from Community exports of the textiles in question because they could no longer be identified as such. Hence the Commission considered that the Agreement on Rules of Origin should also be used as a basis of the action, because Article 2 of that Agreement provides that rules of origin may not be used to pursue trade objectives directly or indirectly and may not themselves create restrictive, distorting or disruptive effects on international trade.(6) An examination procedure was therefore initiated on 22 November 1996(3).B. THE INITIATION OF A DISPUTE SETTLEMENT PROCEDURE IN THE WORLD TRADE ORGANISATION(7) On publishing the notice of initiation of the examination procedure, the Commission commenced an investigation in order to complete its legal analysis and to determine the actual extent to which exports of Community textiles would be affected by the new US rules. In March 1997, it appeared that the factual information so far gathered by the Commission already provided sufficient proof of certain adverse trade effects and their possible build-up.(8) Moreover, it had emerged from the many consultations held before and after the initiation of an examination procedure between representatives of the European Commission and the USA in view of finding a satisfactory solution to the problem, that only a further change to US legislation on origin rules for textiles would restore the security of Community exporters. Therefore, the European Commission took the view that until the US Congress examined such an amendment, further consultations with the US administration would not produce final and satisfactory results since it did not have the power to enter into any undertaking.(9) Hence, in the absence of a bill to amend US rules of origin for textiles put before the US Congress and resulting in the adoption of legislation in full compliance with US commitments arising from the Uruguay Round, the Commission considered that it was in the Community's interest to act rapidly against the US through official action.(10) A Commission Decision to initiate a WTO dispute settlement procedure, taken in accordance with Article 14 of the Regulation, was published in the Official Journal of the European Communities on 4 March 1997(4).(11) On 22 May 1997, the European Community requested consultations with the United States of America in the World Trade Organisation (WT/DS85/1) pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 8(4) of the Agreement on Textiles and Clothing, Article 7 of the Agreement on Rules of Origin, Article 14(1) of the Agreement on Technical Barriers to Trade (TBT Agreement) and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 94) regarding the change to US rules of origin for textiles and apparel products.(12) The request for consultations first pointed out that Article 2.4 of the Agreement on Textile and Clothing requires that no new restriction in terms of products or Members shall be introduced. Article 4(2) of the same Agreement prescribes that the introduction of changes in the implementation or administration of restrictions notified to the WTO shall not: upset the balance of rights and obligations between the members; adversely affect the access available to a member; impede the full utilisation of such access; or disrupt trade under the Agreement. In this respect, the European Communities took the view that the 1995 change in US rules of origin caused precisely those effects and that the United States should have initiated consultations with the European Communities prior to the implementation of such changes, in accordance with Article 4(4) of the Agreement.(13) The request for consultations further questioned the compatibility of the above mentioned changes in US rules of origin with Article 2 of the Agreement on Rules of Origin which contains disciplines that a Member must abide by when changing its rules of origin during the transitional period. These disciplines prescribe, inter alia, that the rules may not be used as instruments to pursue trade objectives, directly or indirectly; that they should not themselves create restrictive, distorting or disruptive effects on international trade; and that they must be administered in a consistent, uniform, impartial and reasonable manner. The European Communities expressed the view that the 1995 US rules of origin did not respect such requirements.(14) Finally, the request for consultations expressed the view that the US requirements on country of origin marking corresponded to a technical regulation as defined in Annex I to be TBT Agreement and, as applied since the changes to the US rules of origin, do not guarantee to imported Community products a treatment equivalent to the one granted to domestic products; a difference in treatment which was not compatible with Article III of GATT 94 and Article 2 of the TBT Agreement.C. CONTINUATION OF THE INVESTIGATION(15) Meanwhile the investigation was continued with a view to establishing more accurately the effects of the US practice on Community exports of the products in question.(16) An investigation report was transmitted to the EC Member States on 28 May 1997. The findings of the investigation confirmed that the new US origin rules introduced on 1 July 1996 were contrary to Articles 2(4) and 4(2) of the WTO Agreement on Textiles and Clothing, Article 2 of the WTO Agreement on Rules of Origin, Article 2 of the TBT and Article III of GATT 94. According to the Commission, the implementation of this system was adversely affecting EC exports into the USA of dyed and printed fabrics and flat products resulting therefrom (such as scarves, bed and table linen, handkerchiefs, etc) and that Italy was particularly affected.D. NEGOTIATED SOLUTION TO THE DISPUTE(17) The WTO dispute settlement procedure was suspended on 15 July 1997, in the light of an apparent negotiated solution to the dispute, laid down in a procès-verbal concluded between the two parties that same day. In this procès-verbal, the US Administration agreed to bring about legislative change in view of reintroducing the pre-Uruguay Round Act rules of origin for those textiles affected by the procedure. This solution was notified to the Chairman of the WTO Dispute Settlement Body on 11 February 1998. Unfortunately, the United States did not implement the commitments as contained in this notification. Thus, in the European Communities' view, the situation remained inconsistent with the US obligations under the WTO rules.(18) A new request for WTO consultations was therefore circulated on 25 November 1998 (WT/DS151/1). Consultations were held in Geneva on 15 January 1999, in presence of El Salvador, Honduras, Hong Kong, China, India, Japan, Pakistan and Switzerland. These consultations failed to solve the dispute.(19) As a result of further bilateral negotiations, the United States and the EC finally found common ground to settle the dispute and on 16 August 1999 both parties signed a second procès-verbal. This new compromise took note of the fact that the 1997 procès-verbal had not led to a rapid solution and that it was therefore agreed to amend the 1997 procès-verbal. The new arrangement obligated the US Administration to submit legislation which amends the rule-of-origin requirements in section 334 of the Uruguay Round Agreements Act in order to allow dyeing, printing, and two or more finishing operations to confer origin on certain fabrics and goods. In particular, it was agreed that: (1) the US Administration would propose to Congress that it adopt a Bill as annexed to the procès-verbal, containing an amendment to the US origin rules, set forth in 19 U.S.C. 3592 and to make its best efforts to ensure that the Congress enact this Bill expeditiously, and (2) new rules on visas would provide that a single import visaed invoice/licence could be used on multiple shipments of textile products of cotton or consisting of fibre blends containing 16 % or more by weight of cotton exported from the EC or products of cotton when these products are made up in the EC from fabric which is dyed and printed in the EC and has undergone in the EC two or more finishing operations.(20) In implementation of point (2) of the procès-verbal, the US Administration published in the Federal Register of 6 December 1999 (Vol. 64 NO 233/Notices) an "Amendment of export visa and quota requirements for certain textile products produced and manufactured in all countries and made up in the European Community". It amends the United States' visa and quota systems to permit the use of a single visaed document for certain types of products exported from the EC on and after 16 August 1999. These products are: textile products of cotton or consisting of fibre blends containing 16 % or more by weight of cotton exported from the EC or products of cotton made up in the EC from fabric, if they are dyed and printed in the EC and have undergone in the EC two or more finishing operations, and provided that the original visaed invoice/licence is valid and the quantity is not exceeded.(21) In implementation of point (1) of the procès-verbal, an amendment to the US origin rules was attached to the Bill on the Trade and Development Act of 2000. The Trade and Development Act of 2000 was adopted by the US House of Representatives on 2 May 2000, by the US Senate on 11 May 2000 and enacted by the US President on 21 May 2000.(22) Section 405 thereof, entitled "Clarification of Section 33 of the Uruguay Round Agreements Act", reinstates the rules of origin that existed prior to the Uruguay Round Agreements Act for certain products. Specifically, the new rules confer origin as to the country in which dyeing, printing, and two or more finishing operations were done on fabrics classified under the HTS as silk, cotton, man-made and vegetable fibres. It also applies to various products classified in 18 identified HS headings (mostly flat products) except for goods made from cotton, wool or fibre blends containing 16 % or more cotton.(23) After careful examination of the "Amendment of export visa and quota requirements for certain textile products produced and manufactured in all countries and made up in the European Community" and section 405 of the Trade and Development Act of 2000, and after consultations with the complainant, who expressed his satisfaction, the European Commission concluded that section 405 of the Trade and Development Act of 2000 was in conformity with the US commitments under the procès-verbal of 16 August 1999 and effectively removed the obstacles to trade addressed in Federtessile's complaint of 11 October 1996.E. RECOMMENDATION(24) The examination procedure concerning changes made by the United States of America in their rules of origin for textiles and apparel products should therefore be terminated,HAS DECIDED AS FOLLOWS:Sole ArticleThe examination procedure concerning changes made by the United States of America in their rules of origin for textiles and apparel products initiated on 22 November 1996 is hereby terminated.Done at Brussels, 20 October 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 349, 31.12.1994, p. 71.(2) OJ L 41, 23.2.1995, p. 3.(3) OJ C 351, 22.11.1996, p. 6.(4) OJ L 62, 4.3.1997, p. 43.


title: 2007/247/EC: Council Decision of 19 April 2007 on the Community participation in the capital increase of the European Investment Fund

text:
               25.4.2007

               EN

               Official Journal of the European Union

               L 107/5

      COUNCIL DECISION

   of 19 April 2007
   on the Community participation in the capital increase of the European Investment Fund
   (2007/247/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 94/375/EC of 6 June 1994 on Community membership of the European Investment Fund (1), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (2),
   Whereas:

               (1)

               The authorised capital of the European Investment Fund (the Fund) was set at the time of its establishment at EUR 2 billion, divided into 2 000 shares each with a nominal value of EUR 1 million. In accordance with Article 7(1) of the Statutes of the European Investment Fund (3) (the Statutes), the subscribed capital is to be paid-in at a rate of 20 %.

               (2)

               Pursuant to Decision 94/375/EC, the Community, represented by the Commission, subscribed for 600 shares of the Fund for a nominal value of EUR 600 million, of which EUR 120 million are paid-in.

               (3)

               The guarantee and venture capital operations of the Fund may not exceed the ceilings set by Article 26 of the Statutes or by the General Meeting of the Fund. The ceilings depend on the size of the Fund’s capital and own resources. As the Fund is expected to exhaust its own resources by mid-2007 and will therefore be unable to continue its own resources operations, the Board of Directors has proposed to increase by 50 % the Fund’s authorised capital in nominal terms.

               (4)

               The ECOFIN Council of 14 March 2006 adopted a report on the proposals put forward by the European Investment Bank Group (the EIB Group) for reinforcing the contribution by the EIB Group to promoting growth and employment in the European Union, which includes the proposal for a capital increase of the Fund.

               (5)

               The European Council of 23-24 March 2006 welcomed the EIB Group contribution and invited the relevant actors to take the necessary follow-up steps, taking into account the final agreement on the Financial Framework 2007 to 2013.

               (6)

               The Community subscription for the new shares would support the implementation of the Lisbon strategy and help achieve the Community’s objectives in the field of small and medium-sized enterprises, job creation, innovation, research and development, cohesion and regional policy and enlargement.

               (7)

               A budget allocation of EUR 100 million for the capital increase of the Fund is consistent with the final agreement on the Financial Framework 2007 to 2013.

               (8)

               New shares should be subscribed by the Fund’s shareholders at their discretion over a four-year period, starting in 2007 and ending in 2010, while respecting the interests of the financial institution shareholders and the European Investment Bank as well as the budgetary constraints of the Community. The price of the new shares should be set annually and be based on the net asset value formula agreed between the Fund’s shareholders.

               (9)

               The annual dividends received for the Community participation in the Fund from 1995 to 2006 have been duly returned to the Community budget. During the years 2007 to 2010, the dividends received should be considered as assigned revenue and be used to cover part of the cost of the capital increase. This should increase the amount of budgetary funds available for the capital increase, thus supporting the objective of maintaining the Community shareholding in the Fund at 30 % of its capital.

               (10)

               Hitherto the Commission has forwarded the Annual Reports of the Fund to the European Parliament and the Council. With a view to simplifying the reporting procedure, it is necessary to provide that the Fund should send directly its Annual Report and the Annual Report of the Audit Board to the European Parliament and the Council.

               (11)

               Appropriate coordination, synergy and complementarity will be ensured between the operations of the Fund and the European Investment Bank, Community financial instruments for small and medium-sized enterprises and, where appropriate, other financial institutions,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In addition to its current shareholding in the European Investment Fund (the Fund), the Community shall subscribe for up to 300 shares each of a nominal value of EUR 1 million in the Fund. The subscription of shares and the annual payments shall be carried out in accordance with the terms and conditions that shall be approved by the General Meeting of the Fund.
   Article 2
   The Community shall purchase the new shares over a four-year period starting in 2007. During 2007 to 2010, the dividends received for the Community participation in the Fund shall be considered as assigned revenue, in accordance with Article 18(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), to cover part of the cost of subscription.
   In addition, a total amount of up to EUR 100 million for the whole period shall be available within the general budget of the European Union to cover the remaining cost. The budgetary commitment may be broken down into annual instalments over four years in accordance with Article 76(3) of Regulation (EC, Euratom) No 1605/2002.
   Article 3
   The Commission shall submit to the Council an evaluation of the own resources activity of the Fund by 31 July 2012.
   Article 4
   The Fund shall send its Annual Report and the Annual Report of the Audit Board to the European Parliament and the Council.
   Article 5
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
   It shall apply from 19 April 2007.

      Done at Luxembourg, 19 April 2007.

            For the Council

            The President

         B. ZYPRIES

      (1)  OJ L 173, 7.7.1994, p. 12.

      (2)  Opinion delivered on 29 March 2007 (not yet published in the Official Journal).

      (3)  OJ L 173, 7.7.1994, p. 1. Statutes as amended on 19 June 2000 by the General Meeting of the European Investment Fund (OJ C 225, 10.8.2001, p. 2).

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


title: Request for waiver of the immunity of Frank Vanhecke #European Parliament decision of 18 November 2008 on the request for waiver of the immunity of Frank Vanhecke (2008/2092(IMM))

text:
               22.1.2010

               EN

               Official Journal of the European Union

               CE 16/76

         Request for waiver of the immunity of Frank Vanhecke
   P6_TA(2008)0537
   European Parliament decision of 18 November 2008 on the request for waiver of the immunity of Frank Vanhecke (2008/2092(IMM))
   (2010/C 16 E/19)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Frank Vanhecke, submitted, at the request the Dendermonde Public Prosecutor, by the Minister of Justice of the Kingdom of Belgium, and announced in plenary sitting on 10 April 2008,

               —

               having heard Frank Vanhecke in accordance with Rule 7(3) of its Rules of Procedure,

               —

               having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,

               —

               having regard to Articles 58 and 59 of the Belgian Constitution,

               —

               having regard to Rules 6(2) and 7 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A6-0421/2008),

         1.   Decides to waive the immunity of Frank Vanhecke;
   2.   Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authority of the Kingdom of Belgium.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and Others [1986] ECR 2391.


title: 2010/600/EU: Council Decision of 1 October 2010 appointing one German member of the Committee of the Regions

text:
               7.10.2010

               EN

               Official Journal of the European Union

               L 264/15

         COUNCIL DECISION
   of 1 October 2010
   appointing one German member of the Committee of the Regions
   (2010/600/EU)
   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 German Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of mandate of Mr Wolfgang GIBOWSKI,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Dr Martina KROGMANN

                  Staatssekretärin

                  Bevollmächtigte des Landes Niedersachsen beim Bund

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 1 October 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.


Avis juridique important

|

31983D0370

83/370/EEC: Council Decision of 25 July 1983 amending Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community

Official Journal L 204 , 28/07/1983 P. 0061 - 0062 Spanish special edition: Chapter 11 Volume 18 P. 0251  Portuguese special edition Chapter 11 Volume 18 P. 0251

*****COUNCIL  DECISION  of 25 July 1983  amending Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community  (83/370/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 amended by Decision 81/559/EEC (2), and in particular Article 143 thereof,  Having regard to the proposal from the Commission,  Whereas the second ACP-EEC Convention has applied to Belize since 5 March 1982 and to Antigua-and-Barbuda since 30 July 1982;  Whereas the Council, by its Decision 83/369/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,  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 90,8 million ECU.  This amount shall comprise:  1. 75,8 million ECU from the European Development Fund, hereinafter referred to as "the Fund", allocated as follows:  (a) 66,8 million ECU for the purposes set out in Articles 79 and 80, consisting of:  - 39,3 million ECU in the form of grants,  - 20,5 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. 59,8 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: 5,3 million ECU.'  2. In Annex I, point 4, the entries 'Belize' and 'Antigua' are deleted.  Article 2  This Decision shall apply from 1 July 1983.  Done at Brussels, 25 July 1983.  For the Council  The President  C. SIMITIS  (1) OJ No L 361, 31. 12. 1980, p. 1.  (2) OJ No L 203, 23. 7. 1981, p. 49.  (3) See page 59 of this Official Journal.


title: Commission Decision of 20 December 2006 setting up a scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed

text:
               6.2.2007

               EN

               Official Journal of the European Union

               L 32/177

      COMMISSION DECISION

   of 20 December 2006
   setting up a scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed
   (2007/71/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1) lays down the conditions to be met in order for a name to be registered as a protected geographical indication (PGI) or a protected designation of origin (PDO).

               (2)

               Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (2) lays down the conditions to be met in order for a name to be registered and protected at Community level as a traditional speciality guaranteed (TSG).

               (3)

               In order to resolve certain complex scientific and technical problems which may arise in examining the conditions allowing the registration of a particular protected designation of origin, protected geographical indication or traditional speciality guaranteed, the Commission may need to call upon the expertise of specialists in an advisory group.

               (4)

               The group should be made up of highly qualified experts from a wide range of scientific and technical disciplines related to agriculture and the agri-food industry, human sciences and intellectual property rights.

               (5)

               The scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed should therefore be set up and its terms of reference and structures detailed.

               (6)

               The scientific committee for designations of origin, geographical indications and certificates of specific character set up by Decision 93/53/EEC of 21 December 1992 (3) should be disbanded,

         HAS DECIDED AS FOLLOWS:
   Article 1
   A scientific group of experts, hereinafter referred to as ‘the group’, is hereby set up for designations of origin, geographical indications and traditional specialities guaranteed.
   Article 2
   Terms of reference
   The Commission may consult the group on any matter relating to the protection of geographical indications, designations of origin and traditional specialities guaranteed relating to agricultural products and foodstuffs, and in particular:

               —

               compliance with the criteria laid down in Article 2 of Regulation (EC) No 510/2006 by a particular name for which an application for registration has been submitted, and in particular the link between the product and the geographical environment and/or its reputation,

               —

               compliance with the criteria laid down in Articles 2, 4 and 5 of Regulation (EC) No 509/2006 by a particular name for which an application for registration has been submitted, and in particular its traditional and/or specific nature,

               —

               the generic nature of a name,

               —

               the assessment of criteria regarding fair competition in commercial transactions and the risk of confusing consumers in cases of conflict between the designation of origin or geographical indication and designations of origin or geographical indications which are already registered, trademarks, names of plant varieties and animal breeds, homonyms, or names of existing products which are legally marketed,

               —

               any other matter of particular interest having regard to the group's field of expertise.

         The Chairman of the group may indicate to the Commission that it would be appropriate to consult the group on a specific question.
   The Commission may, where appropriate, ask the group to adopt its opinion on a specific question within a given deadline.
   Article 3
   Membership — Appointment
   1.   The members of the group shall be appointed by the Commission from specialists who have responded to the call for applications to this end, and who are highly qualified in the different technical and scientific aspects of the fields referred to in Article 2 and together cover the widest possible range of scientific and technical disciplines and, consistent with this criteria, on the basis of a geographical distribution which reflects the diversity of scientific issues and approaches in the Community.
   2.   The group shall be composed of 11 members.
   Candidates found suitable for the position in the group but not appointed shall be invited to be included on a reserve list. The reserve list may be used by the Commission to appoint candidates to replace members.
   3.   The following provisions shall apply:

               —

               members shall be appointed in a personal capacity and be required to advise the Commission independently of any outside influence. They shall not delegate their responsibilities to another member or to a third person;

               —

               the term of office of members shall be three years, renewable. However, from the appointment referred to in paragraph 1, members may not remain in post for more than three consecutive mandates. They shall remain in office until they are replaced or their appointments are renewed;

               —

               members who are no longer able to contribute effectively to the group's deliberations, who resign or who do not respect the conditions set out in the first or second indent of this paragraph or Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate;

               —

               members shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity;

               —

               the names of members appointed individually shall be published on the Internet site of the Directorate-General for Agriculture and Rural Development and in the C series of the Official Journal of the European Union. The names of members shall be collected, processed and published in accordance with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection and processing of personal data (4).

         Article 4
   Operation
   1.   The group shall elect a chairman and two deputy chairmen from among its members. The election shall take place by simple majority of the members.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group; they shall be disbanded as soon as they have fulfilled those terms of reference.
   3.   The Commission representative may invite experts or observers with special expertise on a matter on the agenda to participate in the group's work where appropriate and/or necessary.
   4.   Information obtained as a result of attending group or sub-group meetings shall not be divulged where the Commission declares them to relate to confidential matters.
   Members may not use for professional purposes any information they obtain through being a member of the group.
   5.   The group and its sub-groups shall normally meet in one of the sites where the Commission and its departments are located, following the procedures and timetable laid down by it. The Commission shall organise the secretariat. Other Commission officials concerned may take part in the meetings.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   7.   The Commission may publish on the Internet, in the original language of the document concerned, requests for opinions, agendas and minutes, and opinions adopted by the group. They may also publish under the same terms any working document of the group.
   Article 5
   Meeting expenses
   The travel and accommodation expenses incurred by the members, experts and observers in fulfilment of the group's activities shall be reimbursed by the Commission in accordance with the Commission rules in force. There shall be no remuneration for the tasks performed.
   Meeting expenses shall be reimbursed within the limits of the appropriations allocated to the departments concerned under the annual procedure for allocating resources.
   Article 6
   Repeal
   Decision 93/53/EEC is hereby repealed.
   However, the Committee set up by that Decision shall remain operational until the Commission has informed its members that the group set up by this Decision has become operational.
   Article 7
   Entry into force
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 December 2006.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ L 93, 31.3.2006, p. 1.

      (3)  OJ L 13, 21.1.1993, p. 16. Decision as last amended by Decision 97/656/EC (OJ L 277, 10.10.1997, p. 30).

      (4)  OJ L 8, 12.1.2001, p. 1.


title: Council Decision (EU) 2017/1368 of 11 May 2017 on the signing, on behalf of the European Union and its Member States, and provisional application of the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               27.7.2017

               EN

               Official Journal of the European Union

               L 196/1

         COUNCIL DECISION (EU) 2017/1368
   of 11 May 2017
   on the signing, on behalf of the European Union and its Member States, and provisional application of the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with Article 6(2) of the Act of Accession of the Republic of Croatia, the accession of Croatia to, inter alia, the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1) (‘the Agreement’) is to be agreed by means of a protocol to that Agreement (‘the Protocol’). Pursuant to the Agreement, a simplified procedure is to apply to such accessions, whereby a protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third country concerned.

               (2)

               On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned in view of the accession of Croatia to the Union. The negotiations with Chile were successfully concluded with the initialling of the Protocol on 9 July 2015 in Brussels.

               (3)

               The Protocol should be signed.

               (4)

               The Protocol should be applied on a provisional basis pending the completion of the procedures for its entry into force,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union and its Member States, of the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis with effect from 1 July 2013, in accordance with Article 14(2) thereof, pending the completion of the procedures necessary for its entry into force.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 11 May 2017.

            For the Council

            The President

         C. CARDONA

      (1)  OJ L 352, 30.12.2002, p. 3.


Avis juridique important

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31994D0048

94/48/EC: Council Decision of 20 December 1993 on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and Romania, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part

Official Journal L 025 , 29/01/1994 P. 0021 - 0021 Finnish special edition: Chapter 11 Volume 28 P. 0032  Swedish special edition: Chapter 11 Volume 28 P. 0032

COUNCIL DECISION of 20 December 1993 on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and  Romania, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part (94/48/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,  Having regard to the conclusions of the European Council which took place in Copenhagen on 21 and 22 June 1993,  Having regard to the proposal from the Commission,  Whereas the Commission has negotiated on behalf of the Communities an Additional Protocol to the Interim Agreement on trade and trade-related matters and to the Europe Agreement with Romania;  Whereas it is necessary to approve this Additional Protocol,  HAS DECIDED AS FOLLOWS:   Article 1  The Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and Romania, of the other part, and to the Europe Agreement between  the European Communities and their Member States, of the one part, and Romania, of the other part, is hereby approved on behalf of the European Community.  The text of the Additional Protocol is attached to this decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Additional Protocol on behalf of the European Community.  The President of the Council shall give the notification provided for in Article 8 of the Additional Protocol on behalf of the European Community.  Done at Brussels, 20 December 1993.  For the Council The President W. CLAES


Avis juridique important

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32003D0174

2003/174/EC: Council Decision of 6 March 2003 establishing a Tripartite Social Summit for Growth and Employment

Official Journal L 070 , 14/03/2003 P. 0031 - 0033

Council Decisionof 6 March 2003establishing a Tripartite Social Summit for Growth and Employment(2003/174/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 202 thereof,Having regard to the proposal from the Commission,Whereas:(1) The social partners are associated in the implementation of the coordinated employment strategy established by the Luxembourg European Council of 20 and 21 November 1997 within the Standing Committee on Employment established by Council Decision 70/532/EEC of the Council of 14 December 1970 setting up the Standing Committee on Employment of the European Communities(1).(2) The Cologne European Council of 3 and 4 June 1999 set up a macroeconomic dialogue with the participation of representatives from the Council, the Commission, the European Central Bank and the social partners.(3) The Lisbon European Council of 23 and 24 March 2000 set a new strategic goal for the next decade and agreed that achievement of that goal required an overall strategy designed to integrate structural reforms, a coordinated European employment strategy, social protection and macroeconomic policies in the context of coordination of the general economic policies of the Member States. In its Communication "The European social dialogue, a force for innovation and change", the Commission stressed that the Tripartite Social Summit could contribute to the debate on these topics.(4) In their joint contribution to the Laeken European Council of 14 and 15 December 2001, the social partners pointed out that the Standing Committee on Employment had not led to such an integration of concertation and that it did not meet the need for coherence and synergy between the various processes in which they were involved. They therefore proposed that it should be abolished and that a new form of tripartite consultation should be established.(5) In that joint contribution, the social partners proposed to formalise their meetings with the Troika at the level of Heads of State or Government and the Commission which, in the context of the Luxembourg process, have been held since 1997 on the eve of European Councils. Since December 2000, these meetings have been known as Social Summits and they are attended by the President of the Commission and the Troika of Heads of State or Government together with the Ministers for Labour and Social Affairs and the social partners represented by the Union of Industrial Employers' Confederations of Europe (UNICE), the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP), the European Association of Craft, Small and Medium-sized Enterprises (UEAPME), the European Trade Union Confederation (ETUC), Eurocadres and the Confédération européenne des cadres (CEC).(6) The Laeken European Council took note of the social partners' willingness to develop and improve coordination of concertation on the various aspects of the Lisbon strategy. It agreed that such a Social Summit would in future be held before each spring European Council. This was confirmed by the Barcelona European Council of 15 and 16 March 2002.(7) This Decision is without prejudice to the organisation and operation of the social dialogue in the various Member States.(8) In the context of enlargement and development of an autonomous social dialogue, the widest possible representativity as well as the legitimacy and effectiveness of the consultation of social partners are of the highest importance. To that end, it is necessary to take into account the Commission study on the representativeness of the social partners and the revised list of organisations involved in all dimensions of social dialogue at European level, and that list should be updated,HAS DECIDED AS FOLLOWS:Article 1EstablishmentA Tripartite Social Summit for Growth and Employment (hereinafter referred to as "the Summit") is hereby established.Article 2TaskThe task of the Summit shall be to ensure, in compliance with the Treaty and with due regard for the powers of the institutions and bodies of the Community, that there is a continuous concertation between the Council, the Commission and the social partners. It will enable the social partners at European level to contribute, in the context of their social dialogue, to the various components of the integrated economic and social strategy, including the sustainable development dimension as launched at the Lisbon European Council in March 2000 and supplemented by the Göteborg European Council in June 2001. For that purpose, it shall draw on the upstream work of and discussions between the Council, the Commission and the social partners in the different concertation forums on economic, social and employment matters.Article 3Membership1. The Summit shall consist of the Council Presidency and the two subsequent Presidencies, the Commission and the social partners, represented at the highest level.The ministers from those three Presidencies and the Commissioner, responsible for Labour and Social Affairs shall also be present.Depending on the agenda, other ministers from these three Presidencies and other Commissioners may also be invited to take part.2. The social partners' representatives shall be divided into two delegations of equal size comprising 10 workers' representatives and 10 employers' representatives, taking into account the need to ensure a balanced participation between men and women.Each delegation shall consist of representatives of European cross-industry organisations either representing general interests or more specific interests of supervisory and managerial staff and small and medium-sized businesses at European level.The technical coordination shall be provided for the workers' delegation by the European Trade Union Confederation (ETUC) and for the employers' delegation by the Union of Industrial and Employers' Confederations of Europe (UNICE). The ETUC and UNICE shall ensure that the views expressed by the specific and sectoral organisations are fully taken into account in their contributions and shall, where appropriate, include representatives from some of those organisations in their delegations.Article 4Preparation1. The agenda for the Summit shall be determined jointly by the Council Presidency, the Commission and the workers' and employers' cross-industry organisations taking part in the work of the Summit during preparatory meetings.2. The matters on the agenda shall be discussed by the Council meeting in its Employment, Social Policy, Health and Consumer Affairs configuration.3. The Summit secretariat shall be provided by the Commission. In particular the latter shall ensure the punctual distribution of documents. For the purposes of preparing and organising meetings, the Summit secretariat shall arrange appropriate contacts with the ETUC and UNICE, which shall be responsible for the coordination of their respective delegations.Article 5Operation1. The Summit shall meet at least once a year. A meeting shall be held before the spring European Council.2. The Summit shall be chaired jointly by the President of the Council and the President of the Commission.3. The meetings of the Summit shall be convened by the joint chairmen on their own initiative, in consultation with the social partners.Article 6InformationThe joint chairmen shall draw up a summary of the Summit's discussions in order to inform the relevant Council configurations and the general public.Article 7RepealDecision 1999/207/EC is hereby repealed from the date of the first meeting of the Summit.Article 8Entry into forceThis Decision shall enter into force on 6 March 2003.Done at Brussels, 6 March 2003.For the CouncilThe PresidentD. Reppas(1) OJ L 273, 17.12.1970, p. 25. Decision as last amended by Decision 1999/207/EC (OJ L 72, 18.3.1999, p. 33).


Avis juridique important

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32000D0024

2000/24/EC: Council Decision of 22 December 1999 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa)

Official Journal L 009 , 13/01/2000 P. 0024 - 0026

COUNCIL DECISIONof 22 December 1999granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa)(2000/24/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The European Council meeting in Madrid on 15 and 16 December 1995 confirmed the importance of the European Investment Bank, hereinafter referred to as "the EIB", as an instrument of cooperation between the Community and Latin America and called on the EIB to intensify its activities in the region; whereas these projects should be of interest to both the Community and the countries concerned;(2) The European Council meeting in Florence on 21 and 22 June 1996 welcomed the results of the Asia-Europe summit, which marked a turning-point in relations between the two continents;(3) The European Council meeting in Amsterdam on 16 and 17 June 1997 welcomed the conclusions adopted at the Second Euro-Mediterranean Conference, which was held at Valletta, Malta, on 15 and 16 April 1997 and reaffirmed the principles and objectives agreed at Barcelona in 1995;(4) The European Council meeting in Luxembourg on 12 and 13 December 1997 launched the enlargement process with the Central and Eastern European countries and Cyprus;(5) The European Council meeting in Cardiff on 15 and 16 June 1998 welcomed the efforts which the Republic of South Africa was making to modernise its economy and integrate it into the world trading system;(6) The EIB is completing the current loan programmes for Central and Eastern Europe, the Mediterranean region, Asia and Latin Amercia and the Republic of South Africa pursuant to Decision 97/256/EC(3), as well as the lending that is governed by the Protocol on Financial Cooperation with the Former Yugoslav Republic of Macedonia, according to Council Decision 98/348/EC(4);(7) The Council has invited the EIB to start operations in Bosnia and Herzegovina; these operations may be continued, subject to a positive report being drawn up as stipulated in Decision 98/729/EC(5);(8) Although Bosnia-Herzegovina and FYROM have been included in the Central and Eastern Europe region since the adoption of Decision 97/256/EC, the EIB's total lending effort to applicant countries within this region should increase given the importance of the pre-accession facility the EIB plans to create for EIB lending for projects in these countries without a guarantee from the Community budget or Member States;(9) In these circumstances, the EIB should ensure that its guaranteed lending within the Central and Eastern Europe mandate will finance particularly projects in those countries which have fewer projects suitable for financing from the pre-accession facility or projects in non-applicant countries;(10) The Cooperation Agreements between the European Community and Nepal, between the European Community and Lao PDR and between the European Community and Yemen entered into force on 1 June 1996, 1 December 1997 and on 1 July 1998 respectively; the Cooperation Agreement between the European Community and South Korea was signed on 28 October 1996; whereas Nepal, Yemen, Lao PDR and South Korea should become beneficiaries of EIB funding under the EIB's mandate for Asia and Latin America;(11) It is appropriate to make certain improvements in the programmes of operations in respect of duration and country coverage; it is appropriate to adjust the blanket guarantee rate and the portion of lending for which the EIB is invited to cover the commercial risk from non-sovereign guarantees;(12) The Council is calling on the EIB to continue its operations in support of investment projects carried out in those countries by offering it the guarantee provided for in this Decision;(13) In June 1996, the Commission, in agreement with the EIB, presented to the Council a proposal for a new guarantee system for EIB lending to third countries;(14) On 2 December 1996 the Council approved conclusions on new guarantee arrangements for EIB lending to third countries, according to which the approach of a global guarantee, without distinguishing between the regions and projects, is approved and a risk-sharing scheme accepted; under the risk-sharing scheme the EIB should secure adequate non-sovereign third-party guarantees for commercial risks, with the budgetary guarantee in that case covering only political risks arising from currency non transfer, expropriation, war or civil disturbance;(15) The guarantee arrangements should not affect the excellent credit standing of the EIB;(16) Regulation (EC, Euratom) No 1149/99(6), revised the target amount and the provisioning rate for the Loan Guarantee Fund established by Regulation (EC, Euratom) No 2728/94(7);(17) The financial perspective for the period 2000 to 2006 according to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(8) envisages a ceiling for the loan guarantee reserve in the Community budget of EUR 200 million per annum;(18) EIB financing in eligible third countries should be managed, in accordance with the EIB's usual criteria and procedures, including appropriate control measures, as well as with the relevant rules and procedures concerning the Court of Auditors and OLAF, in such a way as to support Community policies and to enhance coordination with the Community's other financial instruments; there is regular consultation between the EIB and the Commission to ensure coordination of priorities and activities in these countries and to measure progress towards the fulfilment of the Community's relevant policy objectives; the setting and periodic review of the operation objectives and the measurement of their fulfilment are the responsibility of the EIB's Board of Directors; in particular, EIB financing in the candidate countries should reflect the priorities established in the accession partnerships between the Community and those countries; thus the transparency of the EIB lending under this Decision should be substantially enhanced;(19) As from the date on which this Decision takes effect, the Community guarantee covering the special earthquake facility for Turkey under Decision 1999/786/EC(9) shall take the form of an extension of the global guarantee under this Decision;(20) The EIB and the Commission will adopt the procedures for granting the said guarantee;(21) For the purpose of adopting this Decision, the only powers provided for by the Treaty are those set out in Article 308 thereof,HAS DECIDED AS FOLLOWS:Article 11. The Community shall grant the EIB a global guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria, and in support of the Community's relevant external policy objectives, for investment projects carried out in Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and the Republic of South Africa.This guarantee shall be restricted to 65 % of the aggregate amount of the credits opened, plus all related sums. The overall ceiling of the credits opened shall be equivalent to EUR 18410 million, broken down as follows:- Central and Eastern Europe:EUR 8680 million,- Mediterranean countries:EUR 6425 million,- Latin America and Asia:EUR 2480 million,- Republic of South Africa:EUR 825 million;and shall cover a period of seven years beginning on 1 February 2000 for Central and Eastern Europe, the Mediterranean countries, Latin America and Asia and beginning on 1 July 2000 for the Republic of South Africa and ending for all regions on 31 January 2007.The Commission shall report on the application of this Decision at the latest on 31 January 2004, or six months before any new accession treaties enter into force, and make proposals for amendments of this Decision if appropriate. The Council will discuss and act on any proposal with effect from 1 August 2004, or the date of entry into force of any new accession treaty.If, on expire of the guaranteed lending period on 31 January 2007, the loans granted by the EIB have not attained the overall amounts referred to in the second paragrapha, this period shall be automatically extended by six months.2. The countries covered by paragraph 1 are:- Central and Eastern Europe: Albania, Bosnia and Herzegovina, Bulgaria, Czech Republic, Estonia, Former Yugoslav Republic of Macedonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia;- Mediterranean countries: Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey, and Gaza-West Bank;- Latin America: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela;- Asia: Bangladesh, Brunei, China, India, Indonesia, Laos, Macao, Malaysia, Mongolia, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Thailand, Vietnam and Yemen;- Republic of South Africa.3. The EIB is hereby invited to aim to cover the commercial risk on 30 % of its lending under this Decision from non-sovereign guarantees as far as possible on an individual regional mandate basis. This percentage shall be expanded upon whenever possible insofar as the market permits.Article 2The Commission shall inform the European Parliament and the Council each year of the loan operations and progress made on risk-sharing under Article 1(3) and shall, at the same time, submit an assessment of the operation of the scheme and of coordination between the financial institutions operating in that area. The Commission information submitted to the European Parliament and the Council shall include an assessment of the contribution of the lending under this Decision to the fulfilment of the Community's relevant external policy objectives, taking into account the operational objectives and appropriate measurements of their fulfilment to be established by the EIB for lending under this Decision.For the purposes referred to in the first subparagraph, the EIB shall transmit to the Commission the appropriate information.Article 3The EIB and the Commission shall fix the terms on which the guarantee is to be given.Article 4This Decision shall taken effect on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 22 December 1999.For the CouncilThe PresidentK. HEMILÄ(1) OJ C 145, 26.5.1999, p. 10.(2) Opinion delivered on 19 November 1999 (not yet published in the Official Journal).(3) OJ L 102, 19.4.1997, p. 33. Decision as last amended by Decision 98/729/EC (OJ L 346, 22.12.1998, p. 54).(4) OJ L 155, 29.5.1998, p. 53.(5) OJ L 346, 22.12.1998, p. 54.(6) OJ L 139, 2.6.1999, p. 1.(7) OJ L 293, 12.11.1994, p. 1.(8) OJ C 172, 18.6.1999, p. 1.(9) OJ L 308, 3.12.1999, p. 35.


title: 2011/773/EU: Decision of the European Parliament and of the Council of 16 November 2011 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/020 IE/Construction 43 from Ireland)

text:
               30.11.2011

               EN

               Official Journal of the European Union

               L 317/31

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 16 November 2011
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/020 IE/Construction 43 from Ireland)
   (2011/773/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               Ireland submitted an application on 9 June 2010 to mobilise the EGF in respect of redundancies in 1 560 enterprises operating in the NACE Revision 2 Division 43 (‘Specialised construction activities’) in the NUTS II regions of Border, Midlands and Western (IE01) and Southern and Eastern (IE02) in Ireland, and supplemented it by additional information up to 17 June 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 21 664 148.

               (5)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 21 664 148 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 16 November 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         W. SZCZUKA

      (1)  OJ C 139, 14.6.2006, p. 1.

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


title: Commission Decision of 14 December 2009 amending Annexes I and II to Decision 2006/766/EC establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (notified under document C(2009) 9870) (Text with EEA relevance)

text:
               15.12.2009

               EN

               Official Journal of the European Union

               L 328/70

      COMMISSION DECISION

   of 14 December 2009
   amending Annexes I and II to Decision 2006/766/EC establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted
   (notified under document C(2009) 9870)
   (Text with EEA relevance)
   (2009/951/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (1), and in particular Article 11(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 854/2004 provides that products of animal origin are only to be imported from a third country or part of a third country that appears on a list drawn up in accordance with that Regulation. It also lays down special conditions for the import of bivalve molluscs, tunicates, echinoderms and marine gastropods and of fishery products from third countries.

               (2)

               Regulation (EC) No 854/2004 provides that when drawing up and updating such lists, account is to be taken of Union controls in third countries and guarantees by the competent authorities of third countries as regards compliance or equivalence with the Union feed and food law and animal health rules as laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2).

               (3)

               Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (3) lists those third countries which satisfy the criteria referred to in Article 11(4) of Regulation (EC) No 854/2004 and are therefore able to guarantee that those products exported to the European Union meet the sanitary conditions laid down in Union legislation to protect the health of consumers. Accordingly, Annex I to that Decision sets out a list of third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form for human consumption are permitted, while Annex II thereto sets out a list of third countries and territories from which imports of fishery products for human consumption in any form are permitted.

               (4)

               Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council (4) lays down transitional measures for a period ending on 31 December 2009. Those measures include a derogation from Article 11(1) of Regulation (EC) No 854/2004, whereby Member States may authorise the import of bivalve molluscs and fishery products from the countries listed respectively in Annexes I and II thereto provided that, inter alia, the competent authority of the third country or territory has provided to the Member State concerned the guarantees that the products in question have been obtained in conditions at least equivalent to those governing the production and placing on the market of Union products.

               (5)

               Canada is currently included in the list in Annex I to Regulation (EC) No 2076/2005. Union controls in Canada to evaluate the control system in place governing the production of bivalve molluscs intended for export to the European Union, the last of which took place in 2009, together with the recommendation of the Joint Management Committee established by the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (5) of 17 December 1998, concerning the reciprocal equivalence between Canadian and Union standards for live bivalve molluscs, indicate that the conditions applicable in Canada to bivalve molluscs, echinoderms, tunicates and marine gastropods destined to the European Union are equivalent to those provided for in the relevant Union legislation.

               (6)

               Greenland is currently included in the list in Annex I to Regulation (EC) No 2076/2005. Union controls in Greenland to evaluate the control system in place governing the production of bivalve molluscs intended for export to the European Union, the last of which took place in 2009, together with guarantees provided by the competent authority of Greenland, indicate that the conditions applicable in that third country to bivalve molluscs, echinoderms, tunicates and marine gastropods destined to the European Union are equivalent to those provided for in the relevant Union legislation. Accordingly, Greenland should be included in the list in Annex I to Decision 2006/766/EC.

               (7)

               Union controls in the United States to evaluate the control system in place governing the production of bivalve molluscs intended for export to the European Union, the last of which took place in 2009, indicated differences between the American and Union standards for live bivalve molluscs but did not identify serious risks for human health, except for the harvesting area of the Gulf of Mexico. The United States and the European Union have agreed to examine the reciprocal equivalence between US and Union standards for live bivalve molluscs. It is therefore appropriate to authorise, on a temporary basis, the imports into the European Union of bivalve molluscs, echinoderms, tunicates and marine gastropods from the United States, excluding bivalve molluscs harvested in the Gulf of Mexico. This temporary authorisation should be reviewed six months after its entry into force, taking into account the results of the examination of the equivalence between US and Union standards for live bivalve molluscs.

               (8)

               Angola, Azerbaijan, Benin, Congo, Eritrea, Israel, Myanmar, the Solomon Islands, Saint Helena and Togo are currently included in the list in Annex II to Regulation (EC) No 2076/2005. Union controls to evaluate the control system in place governing the production of fishery products intended for export to the European Union, the last of which took place in Angola in 2007, in Azerbaijan in 2007, in Benin in 2009, in Congo in 2009, in Eritrea in 2008, in Israel in 2009, in Myanmar in 2009, in the Solomon Islands in 2007, in Saint Helena in 2003, and in Togo in 2009, together with guarantees provided by the competent authorities of Angola, Azerbaijan (for caviar only), Benin, Congo (for fishery products caught, gutted (where appropriate), frozen and packed in their final packaging at sea only), Eritrea, Israel, Myanmar (for wild caught frozen fishery products only), the Solomon Islands, Saint Helena and Togo (for live lobsters only), indicate that the conditions applicable in those third countries to fishery products destined to the European Union are equivalent to those provided for in the relevant Union legislation. Accordingly, those third countries should be included in the list in Annex II to Decision 2006/766/EC.

               (9)

               In addition, in order to take account of the differences in guarantees provided by those third countries, it is necessary to provide for certain restrictions in the lists in Annex I and II to Decision 2006/766/EC.

               (10)

               Saint Helena, Tristan da Cunha and Ascension constitute a single Overseas Territory. However, because these islands are remote from one another and are in practice governed separately, they have chosen to set up separate competent authorities responsible for the safety of fishery products. Therefore, the inclusion of Saint Helena as a third country from which imports of fishery products are permitted should not cover the islands of Tristan da Cunha and Ascension.

               (11)

               For the purpose of clarification of the Union legislation, the titles of Annexes I and II to Decision 2006/766/EC should be amended. The title of Annex I should make clear that imports of bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption, whether live, frozen or processed, are permitted only from the third countries included in this Annex. The title of Annex II should make clear that this Annex covers the import of fishery products as defined in point 3.1 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (6), except for those covered by Annex I to this Decision. This separation is necessary because the Union requirements applicable to these two groups of products are different.

               (12)

               Decision 2006/766/EC should therefore be amended accordingly.

               (13)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2006/766/EC is amended as follows:

               1.

               Annex I is amended as follows:

                           (a)

                           the title to Annex I is replaced by the following:

                              ‘ANNEX I

                                 List of third countries from which imports are permitted of live, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption
                                  (7)

                           (b)

                           the following entry for Canada is inserted after the entry for Australia:

                                       ‘CA

                                       CANADA’

                           (c)

                           the following entry for Greenland is inserted after the entry for Chile:

                                       ‘GL

                                       GREENLAND’

                           (d)

                           the following entry for the United States is inserted after the entry for Turkey:

                                       ‘US

                                       UNITED STATES OF AMERICA

                                       Only until 1 July 2010
                                       and
                                       excluding imports of bivalve molluscs harvested in the States of Florida, Texas, Mississippi, Alabama and Louisiana.’

               2.

               Annex II to Decision 2006/766/EC is replaced by the text in the Annex to this Decision.

         Article 2
   This Decision shall apply from 1 January 2010.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 14 December 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 139, 30.4.2004, p. 206.

      (2)  OJ L 165, 30.4.2004, p. 1.

      (3)  OJ L 320, 18.11.2006, p. 53.

      (4)  OJ L 338, 22.12.2005, p. 83.

      (5)  OJ L 71, 18.3.1999, p. 3.

      (6)  OJ L 139, 30.4.2004, p. 55. Annex I: ‘3.1. “Fishery products” means all seawater or freshwater animals (except for live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods, and all mammals, reptiles and frogs) whether wild or farmed and including all edible forms, parts and products of such animals.’

      (7)  Including those covered by the definition of fishery products in point 3.1, Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (OJ L 139, 30.4.2004, p. 55).’

      ANNEX

            ‘ANNEX II

               List of third countries and territories from which imports are permitted of fishery products for human consumption, other than those covered by Annex I to this Decision

            (Countries and territories referred to in Article 11 of Regulation (EC) No 854/2004)

                        ISO code

                        Countries

                        Restrictions

                        AE

                        UNITED ARAB EMIRATES

                        AG

                        ANTIGUA AND BARBUDA

                        Only live lobsters.

                        AL

                        ALBANIA

                        AM

                        ARMENIA

                        Only live wild crayfish, heat processed non-farmed crayfish and frozen non-farmed crayfish.

                        AN

                        NETHERLANDS ANTILLES

                        AO

                        ANGOLA

                        AR

                        ARGENTINA

                        AU

                        AUSTRALIA

                        AZ

                        AZERBAIJAN

                        Only caviar.

                        BA

                        BOSNIA and HERZEGOVINA

                        BD

                        BANGLADESH

                        BJ

                        BENIN

                        BR

                        BRAZIL

                        BS

                        THE BAHAMAS

                        BY

                        BELARUS

                        BZ

                        BELIZE

                        CA

                        CANADA

                        CG

                        CONGO

                        Only fishery products caught, gutted (where appropriate), frozen and packed in their final packaging at sea.

                        CH

                        SWITZERLAND

                        CI

                        COTE D’IVOIRE

                        CL

                        CHILE

                        CN

                        CHINA

                        CO

                        COLOMBIA

                        CR

                        COSTA RICA

                        CU

                        CUBA

                        CV

                        CAPE VERDE

                        DZ

                        ALGERIA

                        EC

                        ECUADOR

                        EG

                        EGYPT

                        ER

                        ERITREA

                        FK

                        FALKLAND ISLANDS

                        GA

                        GABON

                        GD

                        GRENADA

                        GH

                        GHANA

                        GL

                        GREENLAND

                        GM

                        GAMBIA

                        GN

                        GUINEA

                        Only fish that has not undergone any preparation or processing operation other than heading, gutting, chilling or freezing. The reduced frequency of physical checks, provided for by Commission Decision 94/360/EC (OJ L 158, 25.6.1994, p. 41), shall not be applied.

                        GT

                        GUATEMALA

                        GY

                        GUYANA

                        HK

                        HONG KONG

                        HN

                        HONDURAS

                        HR

                        CROATIA

                        ID

                        INDONESIA

                        IL

                        ISRAEL

                        IN

                        INDIA

                        IR

                        IRAN

                        JM

                        JAMAICA

                        JP

                        JAPAN

                        KE

                        KENYA

                        KR

                        SOUTH KOREA

                        KZ

                        KAZAKHSTAN

                        LK

                        SRI LANKA

                        MA

                        MOROCCO

                        ME

                        MONTENEGRO

                        MG

                        MADAGASCAR

                        MM

                        MYANMAR

                        Only wild caught frozen fishery products (freshwater or seawater fish, shrimps, prawns).

                        MR

                        MAURITANIA

                        MU

                        MAURITIUS

                        MV

                        MALDIVES

                        MX

                        MEXICO

                        MY

                        MALAYSIA

                        MZ

                        MOZAMBIQUE

                        NA

                        NAMIBIA

                        NC

                        NEW CALEDONIA

                        NG

                        NIGERIA

                        NI

                        NICARAGUA

                        NZ

                        NEW ZEALAND

                        OM

                        OMAN

                        PA

                        PANAMA

                        PE

                        PERU

                        PF

                        FRENCH POLYNESIA

                        PG

                        PAPUA NEW GUINEA

                        PH

                        PHILIPPINES

                        PM

                        SAINT PIERRE AND MIQUELON

                        PK

                        PAKISTAN

                        RS

                        SERBIA
                        Not including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999

                        Only whole fresh fish from wild seawater catches.

                        RU

                        RUSSIA

                        SA

                        SAUDI ARABIA

                        SB

                        SOLOMON ISLANDS

                        SC

                        SEYCHELLES

                        SG

                        SINGAPORE

                        SH

                        SAINT HELENA
                        Not including the islands of Tristan da Cunha and Ascension

                        SN

                        SENEGAL

                        SR

                        SURINAME

                        SV

                        EL SALVADOR

                        TG

                        TOGO

                        Only live lobsters.

                        TH

                        THAILAND

                        TN

                        TUNISIA

                        TR

                        TURKEY

                        TW

                        TAIWAN

                        TZ

                        TANZANIA

                        UA

                        UKRAINE

                        UG

                        UGANDA

                        US

                        UNITED STATES

                        UY

                        URUGUAY

                        VE

                        VENEZUELA

                        VN

                        VIETNAM

                        YE

                        YEMEN

                        YT

                        MAYOTTE

                        ZA

                        SOUTH AFRICA

                        ZW

                        ZIMBABWE’


title: Council Decision (EU) 2017/743 of 25 April 2017 appointing a member, proposed by the Republic of Austria, of the Committee of the Regions

text:
               28.4.2017

               EN

               Official Journal of the European Union

               L 111/10

         COUNCIL DECISION (EU) 2017/743
   of 25 April 2017
   appointing a member, proposed by the Republic of Austria, 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 Austrian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 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.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Erwin PRÖLL,

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

               —

               Mag. Johanna MIKL-LEITNER, Mitglied der niederösterreichischen Landesregierung.

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

      Done at Luxembourg, 25 April 2017.

            For the Council

            The President

         I. BORG

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


Avis juridique important

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31994D0456

94/456/EC: Council Decision of 17 June 1994 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 January 1994 to 31 December 1995, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast

Official Journal L 188 , 22/07/1994 P. 0003 - 0003 Finnish special edition: Chapter 4 Volume 6 P. 0099  Swedish special edition: Chapter 4 Volume 6 P. 0099

COUNCIL DECISIONof 17 June 1994on  the conclusion of the Agreement in the form of an exchange of letters concerning the provisional  application of the Protocol establishing, for the period from 1 January 1994 to 31 December 1995,  the fishing rights and financial compensation provided for in the Agreement between the European  Economic Community and the Government of the Republic of Guinea on fishing off the Guinean  coast(94/456/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Economic Community, Having regard to the Agreement between the European Economic Community and the Government of the  Republic of Guinea on fishing off the Guinean coast (1), Having regard to the proposal from the Commission, Whereas, in accordance with the second subparagraph of Article 15 of the aforesaid Agreement, the  Community and the Republic of Guinea conducted negotiations to determine the amendments or  additions to be made to the Agreement at the end of the period of application of the Protocol  annexed to the Agreement; Whereas, as a result of these negotiations, a new Protocol was initialled on 24 February 1994; Wheres, under that Protocol, Community fishermen have fishing rights in the waters under the  sovereignty or jurisdiction of the Republic of Guinea for the period from 1 January 1994 to 31  December 1995; Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is  essential that the new Protocol be applied as soon as possible; whereas, for this reason, the two  Parties initialled an Agreement in the form of an exchange of letters providing for the provisional  application of the initialled Protocol from the day following the date of expiry of the current  Protocol; Whereas the Agreement in the form of an exchange of letters should be approved, pending a final  decision taken on the basis of Article 43 of the Treaty, HAS DECIDED AS FOLLOWS: Article 1The Agreement in the form of an exchange of letters concerning the  provisional application of the Protocol establishing, for the period from 1 January 1994 to 31  December 1995, the fishing rights and financial compensation provided for in the Agreement between  the European Economic Community and the Government of the Republic of Guinea on fishing off the  Guinean coast is hereby approved on behalf of the Community. The texts of the Agreement in the form of an exchange of letters and of the Protocol are attached  to this Decision. Article 2The President of the Council is hereby authorized to designate the persons empowered to  sign the Agreement in the form of an exchange of letters in order to bind the Community. Done at Luxembourg, 17 June 1994. For the CouncilThe PresidentTh. MIKROUTSIKOS(1) OJ No L 111, 27. 4. 1983, p.  1.