title: Council Decision (CFSP) 2016/2001 of 15 November 2016 on a Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction

text:
               16.11.2016

               EN

               Official Journal of the European Union

               L 308/22

         COUNCIL DECISION (CFSP) 2016/2001
   of 15 November 2016
   on a Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass Destruction (‘the Strategy’), Chapter III of which contains a list of measures to combat such proliferation and which need to be taken both within the Union and in third countries.

               (2)

               The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the International Atomic Energy Agency (IAEA).

               (3)

               Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) stipulates the inalienable right of all the Parties to the NPT to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the NPT. It also stipulates that all the Parties to the NPT undertake to ‘cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world’.

               (4)

               Multilateral approaches to the nuclear fuel cycle have the potential to provide countries which have decided to resort to nuclear energy for peaceful uses with an alternative to the development of national nuclear fuel cycles, while avoiding proliferation risks.

               (5)

               Under Article III of its Statute, the IAEA is authorised to perform any operation, including acquiring nuclear fuel, services and equipment and establishing its own facilities and plants, in order to facilitate the practical application of nuclear energy for peaceful purposes.

               (6)

               In September 2006, the Nuclear Threat Initiative (NTI), an independent non-governmental organisation based in the United States, offered a grant of USD 50 000 000 to the IAEA to help create a low enriched uranium stockpile owned and managed by the IAEA on the condition that the Agency should be able to collect an additional amount of USD 100 000 000, including grants from other IAEA Member States and donors, and set up a nuclear fuel reserve.

               (7)

               On 8 December 2008, the Council adopted conclusions in support of the establishment and the secure management of a nuclear fuel bank placed under the control of the IAEA. It also stated that the Union was planning to contribute up to EUR 25 000 000 to that project, once the conditions and modalities for the Bank have been defined and approved by the IAEA Board of Governors. The European Commission has already provided EUR 20 000 000 for the acquisition of the LEU.

               (8)

               On 3 December 2010, the IAEA Board of Governors adopted resolution GOV/2010/70 approving the establishment of an IAEA Low-Enriched Uranium (LEU) Bank and affirmed that the IAEA LEU Bank's operations would be funded exclusively through extra-budgetary contributions.

               (9)

               Paragraph 15 of GOV/2010/67, entitled ‘Assurance of Supply’: Establishment of an IAEA Low Enriched Uranium (LEU) Bank for the Supply of LEU to Member States provides ‘the Agency shall be the owner of the LEU in the IAEA LEU bank and the LEU shall be under its control and in its formal legal possession. The Agency shall be responsible for storing and protecting materials in its possession by ensuring, through any Host State Agreement, that the LEU is safeguarded against natural and other hazards, unauthorized removal or diversion, damage or destruction, including sabotage, and forcible seizure. In addition, the Agency through any Host State Agreement shall ensure the application of IAEA safeguards to the LEU in the IAEA LEU bank, as well as the application of the safety standards and measures, and the physical protection measures by the Host State or States’. Paragraph 16 of GOV/2010/67 further provides that ‘[t]he Agency, with Board approval, shall conclude with any Host State a Host State Agreement, similar to the present IAEA Headquarters Agreement, that shall provide for the safety and security and appropriate liability coverage of the storage facility and shall afford those privileges and immunities to the Agency that are necessary for the independent operation of the IAEA LEU bank, including the right to transport LEU to and from the IAEA LEU bank as determined by the Agency in accordance with the Statute and the Host State(s) agreement. In addition, if necessary, guaranteed transit arrangements shall be concluded with States neighbouring the Host State’.

               (10)

               The IAEA LEU Bank will be a stock of up to 60 Type 30B cylinders containing standard commercial low-enriched uranium hexafluoride. The IAEA LEU Bank will be located in the IAEA LEU storage facility, operated by Ulba Metallurgical Plant, and regulated by the Committee for Atomic and Energy Supervision and Control of the Republic of Kazakhstan.

               (11)

               The basic legal framework between the IAEA and the host State Kazakhstan has been concluded. The Transit Agreement with the Russian Federation, approved by the IAEA Board of Governors (GOV/2015/36) has been signed. The design of a new IAEA LEU storage facility has been completed and the IAEA has concluded that it meets the applicable provisions of the IAEA safety standards and security guidance. A detailed cost estimate of the new IAEA LEU storage facility has been undertaken and has been independently validated. A Partnership Agreement between the IAEA and the facility operator that establishes the terms and conditions of cooperation for the construction of the IAEA LEU storage facility has been finalised. The IAEA is now planning activities in preparation for the acquisition of LEU.

               (12)

               According to the Project and Financial Plan as described in the updated report by the IAEA Director-General (GOV/INF/2016/8) ‘Assurance of Supply: Establishment of an IAEA Low Enriched Uranium (LEU) Bank for the Supply of LEU to Member States’, the total cost of the LEU project is expected to be EUR 118 863 000,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   For the purposes of giving immediate and practical implementation to some elements of the EU Strategy against the Proliferation of Weapons of Mass Destruction, the Union shall contribute to the establishment and the secure management of a Low-Enriched Uranium (LEU) Bank placed under the control of the International Atomic Energy Agency (‘IAEA’, or ‘the Agency’) in order to reduce the growing proliferation risks caused by the spread of sensitive nuclear fuel cycle technologies. The Union shall undertake activities to support the IAEA LEU Bank, in the form of a LEU reserve with the following objectives:

               (a)

               to enable countries to enjoy their rights under Article IV of the NPT while avoiding proliferation risks; and

               (b)

               to serve as a mechanism of last resort to support the commercial market without distorting it, in the event that an IAEA member state's supply of LEU is disrupted and cannot be restored by commercial means and that such IAEA Member State fulfils the eligibility criteria.

         2.   In order to achieve the objectives referred in paragraph 1, the Union shall contribute to the establishment and the secure management of the LEU Bank, under the control of the IAEA, by financing security-related activities, including physical protection, transport, safe guarding, and contributions to the secure management of the LEU Bank. The project shall be carried out for the benefit of all countries which have decided to resort to nuclear energy for peaceful uses.
   A detailed description of the project is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (HR) shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the project referred to in Article 1(2) shall be carried out by the IAEA. It shall perform this task under the control of the HR. For this purpose, the HR shall enter into the necessary arrangements with the IAEA.
   Article 3
   1.   The financial reference amount for the implementation of the activities referred to in Article 1(2) shall be EUR 4 362 200.
   2.   The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the IAEA. The agreement shall stipulate that the IAEA is to ensure visibility of the Union contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   1.   The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the IAEA. Those IAEA reports shall form the basis for the evaluation carried out by the Council.
   2.   The Commission shall provide information on the financial aspects of the implementation of the project referred to in Article 1(2).
   Article 5
   This Decision shall enter into force on the date of its adoption.
   It shall expire 60 months after the date of the conclusion of the financing agreement referred to in Article 3(3). However, it shall expire 6 months after its entry into force if no financing agreement has been concluded by that time.
   Article 6
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 15 November 2016.

            For the Council

            The President

         I. KORČOK

      ANNEX

         Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction

      I.   INTRODUCTION
      Background
      In December 2010, the IAEA Director-General received a mandate from the Board of Governors to launch the setting-up of a Low Enriched Uranium (LEU) Bank and has presented a detailed plan for its establishment and secure management.
      On 20 December 2011, the IAEA confirmed to the Permanent Mission of Kazakhstan to the IAEA that, based on the information provided to the Agency by Kazakhstan in its ‘Expression of Interest’ and with reference to the requirements set out in document GOV/INF/2011/7, the Ulba Metallurgical Plant (UMP) was suitable as a host site for the IAEA LEU Bank.
      Several missions were conducted by the IAEA to Kazakhstan between 2011 and 2016, aimed at assessing the UMP facility and the national regulatory framework, to ensure that the LEU Bank would be able to fulfil the applicable provisions of the IAEA safety standards and security guidance. The assessments were performed in the areas of facility safety, seismic safety, emergency preparedness and response, transport safety and security, and physical protection.
      A Host State Agreement (HSA) was signed between the IAEA and Kazakhstan on 27 August 2015. That agreement establishes Kazakhstan as the host state for the IAEA LEU Bank, and provides the legal framework for Kazakhstan to ensure that the IAEA LEU Bank will be managed and regulated in accordance with the laws and regulations of Kazakhstan and in compliance with the applicable provisions of the IAEA safety standards and security guidance.
      A facility operator agreement was signed between the IAEA and UMP on 27 August 2015. That agreement establishes UMP as the facility where the IAEA LEU Bank will be located, and provides the legal framework for UMP to operate and manage the IAEA LEU Bank, in accordance with its license, the national regulatory framework, and the applicable provisions of the IAEA safety standards and security guidance.
      In addition, the IAEA and Kazakhstan Ministry of Energy signed a Technical Agreement on the specific arrangements to be implemented for the establishment of the IAEA LEU Bank in Kazakhstan (‘Technical Agreement’). The Technical Agreement ensures that each party provides the necessary resources for the implementation of its respective activities for the timely establishment of the IAEA LEU Bank, including activities to comply with the applicable provisions of the IAEA safety standards and security guidance. Under the Technical Agreement, the parties established a joint coordination committee (JCC) to facilitate implementation of the Technical Agreement and approved a plan of specific activities (PSA), to ensure the establishment and operation of the IAEA LEU Bank in compliance with the applicable provisions of the IAEA safety standards and security guidance. The Technical Agreement requires that activities be completed in two years following the signing of the legal agreements, or by September 2017.
      In November 2015, UMP began designing a new IAEA LEU storage facility to house the IAEA LEU Bank. An IAEA mission visited UMP from 29 February to 4 March 2016 to review design progress. The IAEA mission examined whether or not the applicable provisions of the IAEA safety standards and security guidance had been properly taken into account in the design process. The IAEA mission's review focused on five technical areas: building structure, safety analysis, radiation protection, emergency preparedness and response, and nuclear security. The review of the proposed design and relevant supporting documentation led to the general conclusion that the design provides adequate measures to ensure nuclear safety and security guidance.
      Following the completion of the design and its review by the IAEA, in May 2016 a partnership agreement between the IAEA and UMP was signed. That agreement provides for the technical and financial terms of the establishment of the IAEA LEU Storage Facility. It marks a significant milestone in the establishment of the IAEA LEU Bank.
      In May 2016, the Board of Governors report GOV/INF/2016/8 highlighted the significant progress achieved. It also provides the first baseline comprehensive Project and Financial Plan.
      Board of Governors Document GOV/2010/67, both authorised the IAEA Director-General to establish the IAEA LEU Bank, and required that the costs (including the human resources costs) related to the establishment and operation of the IAEA LEU Bank must be exclusively covered by extra-budgetary voluntary contributions, with no impact to the regular budget of the IAEA. To that end, the IAEA LEU Bank project reimburses various divisions of the IAEA for the technical input and support provided to the project experts and specialists through the use of Service Level Agreements (SLAs). Those agreements, which define the services to be provided by the divisions to the project to execute the project plan (including the PSA), as well as the costs for the level of support provided from each Division, were finalised and agreed in March 2016.
      From 1 April 2016, a number of Member States, the Commission, the Nuclear Threat Initiative (NTI) and the World Nuclear Transport Institute (WNTI) have pledged funds totalling approximately USD 124 900 000 and EUR 25 000 000, and the contributions received by the Agency as of this date are USD 124 900 000 and EUR 20 000 000. Financial contributions have been provided by the Nuclear Threat Initiative (USD 50 000 000), US (USD 50 000 000), UAE (USD 10 000 000), Norway (USD 5 000 000), Kuwait (USD 10 000 000), WNTI (EUR 10 000) Kazakhstan (USD 400 000). EUR 20 000 000 donated by the Commission is dedicated to purchase of LEU for the IAEA LEU Bank and up to EUR 5 000 000 have been pledged for security related upgrades. The funds for security related upgrades (up to EUR 5 000 000) are the subject to this Annex.
      The next key stages for the IAEA LEU Bank are:

                  (a)

                  Finalisation of the establishment of the IAEA LEU storage facility, including completing construction; confirmation that the building and equipment correspond to the design intent and the applicable safety and security provisions;

                  (b)

                  Agreement on a cylinder management programme with UMP to ensure long-term safety and security of the cylinders and their readiness for transport;

                  (c)

                  Commissioning of the facility;

                  (d)

                  Acquisition of the IAEA LEU and transporting it to the storage facility;

                  (e)

                  Start of operations.

            Objectives of the project
      Contributing to the establishment and the secure management of the IAEA LEU Bank, in particular by ensuring high levels of security and safety during transport and storage, in line with the IAEA safety standards and security guidance.
      Benefits
      The following benefits will be achieved:

                  (a)

                  enhancing the assurance of supply of nuclear fuel in a secure and safe manner; and

                  (b)

                  assisting the IAEA with ensuring the security and safety of transport of LEU from procurement to supply, as well as during storage at the site of the LEU Bank.

            II.   DESCRIPTION OF THE ACTIVITIES
      The LEU Bank
      The IAEA LEU Bank will consist of a physical stock of roughly 90 tonnes of LEU, the quantity needed for one initial load for a modern light water reactor (equivalent to approximately 3 core reloads) for electricity generation, along with related equipment and services. The stock will be owned by the IAEA. The IAEA LEU Bank will operate in accordance with certain non-discriminatory criteria for the release of the LEU to a recipient country. Those criteria are fully compatible with the IAEA Statute and have been approved by the Board of Governors. The nuclear facility using the LEU must be covered by a safeguards agreement with the IAEA, and be in full compliance with that agreement.
      Union support
      The Union will support the IAEA LEU Bank in a complementary manner through different instruments. A financial contribution of EUR 20 000 000 for LEU acquisition was already provided in 2011 from the Instrument for Stability.
      This Decision will contribute to the safe and secure operation and management of the IAEA LEU Bank. Relevant activities foreseen by the IAEA, to which this Decision will contribute financially, may include:
      1.   Supporting the Safe and Secure Establishment of storage for the 90 tonnes of LEU
      This item covers the cost of implementation of the project plan activities, including the plan of specific activities (PSA) for the year 2017 and follow-up activities in 2018. The PSA, agreed between the IAEA, UMP, and the Committee for Atomic and Energy Supervision and Control of Kazakhstan, is a list of activities considered necessary for the upgrading of facilities, equipment, procedures, and practices to ensure that the IAEA LEU Bank will be established, stored, operated and protected in accordance with the relevant provisions of the IAEA safety standards and security guidance. These activities were developed on the basis of several assessments, conducted from 2012 to 2016. In particular, an Agency mission in January 2016 also identified some further extrinsic equipment that will be required to enable the storage facility to be operated in accordance with IAEA Standards for emergency preparedness and response.
      Activities include the development of procedures for safe and secure operations, procurement of emergency preparedness and response and radiation protection equipment, and provision of associated training; conducting workshops on security topics relevant for the IAEA LEU Bank (e.g. nuclear security culture); observation of emergency exercises at the facility; and follow-up assessment activities to validate the compliance of upgrades with the relevant IAEA safety standards and security guidance prior to commissioning.
      The LEU will only be placed in the IAEA LEU storage facility when the IAEA is satisfied that the IAEA LEU Bank has been established and complies with the applicable provisions of the IAEA safety standards and security guidance. Therefore, the IAEA will undertake a confirmation mission, planned for the summer of 2017, to confirm that the completed building and its key equipment correspond to the design intent and that the full infrastructure needed to meet the applicable safety and security provisions is in place.
      Over a period of two years the budget will include the cost of planning, executing, supporting, and reporting on the project plan and PSA activities, inclusive of costs to cover IAEA human resources to ensure that, in accordance with the mandate of the IAEA LEU Bank project, no regular budget funds are used.
      2.   Ensuring the secure transport of 90 tonnes of LEU
      It is expected that the LEU 90 tonnes will be transported from the facility of the vendor, or vendors, to the Ulba Metallurgical Plant, in Oskemen, Kazakhstan, where the IAEA LEU Bank will be located. Shipments of LEU moving through various jurisdictions, must satisfy all documentation, insurance, transit approval, and marking requirements, including States' requirements related to physical protection which are contained in relevant conventions and recommendations developed under the auspices of the IAEA, and the security requirements of the International Maritime Organisation (IMO). Expenditure associated with the transport of the LEU will depend on the geographic location of the LEU vendor and the maritime and overland transport distances between the vendor and Ulba Metallurgical Plant (UMP) in Kazakhstan, and the number of ports of call and border transits required for completing delivery. The item includes the development of technical specifications with IAEA officials and external experts specialist input; the planning and supervision of the transport; insurance; chartering of a maritime transport vessel for enhanced security; consultation on transport route security risk assessment and planning; as well as guarding during maritime transport, ports of call and transit locations.
      3.   Ensuring the long term storage of the 90 tonnes of LEU
      The LEU will be located at a dedicated storage facility within the UMP territory, located in Oskemen, Kazakhstan. The IAEA LEU will be stored in 30B cylinders. The facility operator, on behalf of the IAEA, will be responsible for storing and protecting the LEU, in compliance with the IAEA safety standards and security guidance. This includes the purchase of the 30B cylinders, which will provide physically safe and secure storage of the LEU. Safety studies indicate that these containment vessels provide robust, safe storage for up to 50 years. In addition to providing safety, the thickness of the walls of the cylinders and the overall design of the cylinders contributes to physical protection from sabotage and theft.
      A key activity in ensuring the long term storage of the LEU is the implementation of a cylinder management programme, including routine inspection and recertification of 30B cylinders in storage, for compliance with the ISO 7195 standard, as well as for assurance of readiness for transport to Member States. This requires procurement of services for re-certification of cylinders by authorised inspectors as well as services from UMP staff to support the performance of the testing.
      In addition, during long-term storage of the IAEA LEU, the IAEA will undertake routine and ad-hoc monitoring activities, including receipt, review, and verification of annual reports from UMP. This will include annual meetings with UMP to review the safety and security activities related to the IAEA LEU Bank, as well as other types of missions to UMP to ensure that the relevant provisions of the IAEA safety standards and security guidance continue to be applied to the IAEA LEU Bank.
      This item will cover a period of 5 years.
      III.   DURATION
      The estimated duration of the implementation period of the project is 60 months, starting with the signing of the financing agreement referred to in Article 3.
      IV.   BENEFICIARIES
      The beneficiaries of the project in this Decision are all eligible recipient states of services of the IAEA LEU Bank, fulfilling the conditions for access to the LEU Bank as established by the IAEA Board of Governors.
      V.   IMPLEMENTING ENTITY
      The IAEA will be entrusted with the technical implementation of the project, as described above, under the control of the HR. The project will be implemented directly by staff of the IAEA, experts from other national nuclear authorities and contractors. In the case of contractors, the procurement of any goods, works or services by the IAEA in the context of this Decision will be carried out as detailed in the financing agreement to be concluded by the Commission with the IAEA.
      VI.   REPORTING
      The implementing entity will prepare:

                  (a)

                  regular reports on the implementation of the project;

                  (b)

                  a final report not later than two months after the end of the implementation of the project.

            Reports will be sent to the HR.


Avis juridique important

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32003D0818

2003/818/EC: Council Decision of 17 November 2003 appointing an Italian member of the Committee of the Regions

Official Journal L 308 , 25/11/2003 P. 0022 - 0022

Council Decisionof 17 November 2003appointing an Italian member of the Committee of the Regions(2003/818/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Italian Government,Whereas:(1) Pursuant to Council Decision 2002/60/EC of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions.(2) The seat of a member of the Committee of the Regions has fallen vacant following the expiry of the mandate of Mr Diego VIERIN, of which the Council was notified on 11 November 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Luciano CAVERI, Assessore al Turismo, Sport, Commercio, Trasporti ed Affari Europei della Regione Valle d'Aosta, is hereby appointed a member of the Committee of the Regions in place of Mr Diego VIERIN for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 17 November 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 24, 26.1.2002, p. 38.


Avis juridique important

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32001D0715

2001/715/EC: Council Decision of 27 September 2001 appointing a German member and a German alternate member of the Committee of the Regions

Official Journal L 265 , 05/10/2001 P. 0014 - 0014

Council Decisionof 27 September 2001appointing a German member and a German alternate member of the Committee of the Regions(2001/715/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998 appointing the members and alternate members of the Committee of the Regions(1),Whereas a seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Edmund STOIBER, notified to the Council on 26 June 2001;Whereas a seat as an alternate member is to become vacant following the appointment of Mr Reinhold BOCKLET to replace Mr Edmund STOIBER;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole Article(a) Mr Reinhold BOCKLET is hereby appointed a member of the Committee of the Regions to replace Mr Edmund STOIBER, and(b) Mr Edmund STOIBER is hereby appointed an alternate member of the Committee of the Regions to replace Mr Reinhold BOCKLET,for the remainder of their terms of office, which run until 25 January 2002.Done at Brussels, 27 September 2001.For the CouncilThe PresidentM. Verwilghen(1) OJ L 28, 4.2.1998, p. 19.


Avis juridique important

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31998D0611

98/611/EC, Euratom: Commission Decision of 23 October 1998 on the creation of the European Research Forum [notified under document number C(1998) 3069] (Text with EEA relevance)

Official Journal L 290 , 29/10/1998 P. 0061 - 0062

COMMISSION DECISION of 23 October 1998 on the creation of the European Research Forum (notified under document number C(1998) 3069) (Text with EEA relevance) (98/611/EC, Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Treaty establishing the European Atomic Energy Community,Whereas the Commission needs a reflection, debate and advisory body, consisting of high-level figures from the scientific community, industry, the services sector and research users, in order to examine general research policy issues;Whereas, on the grounds of rationalisation and in order to increase the synergy between industry and research, it is appropriate to replace the two existing committees, namely the Industrial Research and Development Advisory Committee, IRDAC, and the European Science and Technology Assembly, ESTA, by a single body entitled 'European Research Forum` comprising a maximum of 60 members appointed by the Commission and distributed more or less evenly between two 'chambers` working in close coordination: an academic and scientific chamber and an industrial, services and users chamber;Whereas the 'European Research Forum` should be set up, its terms of reference should be defined and its internal operation should be organised,HAS DECIDED AS FOLLOWS:Article 1 A consultative committee, hereinafter referred to as the 'European Research Forum`, is hereby established by the Commission. The Forum shall be a reflection, debate and advisory body on research and technological development policy.Article 2 The Forum shall, on its own initiative or at the Commission's request, study strategic issues relating to the formulation and implementation of Community research, technological development and innovation policy, as well as scientific and technological policy issues of European interest in general.It shall discuss these issues and may prepare opinions for the Commission.Article 3 1. The Forum shall comprise a maximum of 60 members from the Member States and the States associated with the framework programmes among which will figure the chairmen of the expert groups set up by the Commission to assist it in connection with the content and direction of the key actions of the fifth framework programme.2. The members of the Forum shall represent the interests of the various scientific and industrial fields; they shall be distributed more or less evenly between two chambers:- an academic and scientific chamber comprising high-level scientists and figures from the various parts of the scientific community, in particular universities and national and European research organisations,- an industrial, services and users chamber comprising high-level figures from industry and service enterprises (including SMEs), European organisations in this field and organisations of research users.Article 4 The members of the Forum and of each chamber shall be appointed in a personal capacity by the Commission, according to the objective criteria of proven competence and recognised experience.Article 5 1. The term of office of members shall be two years, renewable once. Where members interrupt their term of office before the expiry of this period, they shall be replaced for the remainder of their term of office in accordance with the provisions of Article 4.2. The members of the Forum shall remain in office until they are replaced or their term of office is renewed.3. After consultation with each of the two chambers, the Commission shall appoint a chairman and vice-chairman for each chamber, who shall exercise this function until expiry of their term of office.Article 6 A list of members of the Forum shall be published in the Official Journal of the European Communities for information.Article 7 1. Each chamber shall draw up its own programme of activities according to the issues it considers important to examine, may give opinions and set up working groups to study specific subjects.2. In order to examine issues of common interest, notably to increase the synergy between industry and research, the two chambers may conduct certain activities jointly, may give joint opinions and set up joint working groups.3. The two chambers shall closely coordinate their programmes of activity by means of a Bureau made up of their chairmen and vice-chairmen.4. The two chambers shall hold a joint meeting at least once a year in the form of a plenary session. The meeting chairman for the plenary sessions shall be a member of the Bureau and appointed by the latter.Article 8 1. Commission representatives may take part in the work of the Forum, each chamber, the working groups and the Bureau.2. The Forum may invite any person with special competence to participate in its work as an expert, in respect of a subject being dealt with. Experts may only participate in deliberations on matters for which they are invited to attend.3. The Commission shall give the Forum practical assistance with its operation and provide a joint secretariat to serve both chambers.Article 9 The functions exercised by the members of the Forum and possible experts shall not be remunerated. Their travel and subsistence expenses in connection with the activities of the Forum, and in particular with the plenary meetings of the Forum, the two chambers, the working groups and the Bureau shall be paid by the Commission in accordance with the current administrative rules.Article 10 The Forum and the two chambers shall meet as a rule at the Commission headquarters and shall be convened by the latter.Article 11 The deliberations of the Forum shall not give rise to any vote. Where the Commission requests the Forum's opinion, it may set a time limit within which the opinion should be given.Article 12 Without prejudice to Article 214 of the EC Treaty and Article 194 of the Euratom Treaty, the members of the Forum shall not divulge any information they obtain through the work of the Forum or one of the chambers or a working group or the Bureau, where the Commission informs them that a requested opinion or a question asked relates to a confidential matter.In this event, only members of the Forum and representatives of the Commission shall attend meetings.Article 13 Commission Decision 84/128/EEC establishing an Industrial Research and Development Advisory Committee (IRDAC) and Decision 94/204/EC, Euratom on the creation of a European Science and Technology Assembly (ESTA) are hereby repealed.Done at Brussels, 23 October 1998.For the CommissionÉdith CRESSONMember of the Commission


title: 2010/796/CFSP: Political and Security Committee Decision EUPOL COPPS/1/2010 of 21 December 2010 extending the mandate of the Head of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

text:
               22.12.2010

               EN

               Official Journal of the European Union

               L 338/49

         POLITICAL AND SECURITY COMMITTEE DECISION EUPOL COPPS/1/2010
   of 21 December 2010
   extending the mandate of the Head of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
   (2010/796/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2010/784/CFSP of 17 December 2010 on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 10(1) of Decision 2010/784/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of EUPOL COPPS, including in particular the decision to appoint a Head of Mission.

               (2)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed an extension of the mandate of Mr Henrik MALMQUIST as Head of EUPOL COPPS,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Henrik MALMQUIST as Head of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) is hereby extended from 1 January 2011 until 31 December 2011.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply until 31 December 2011.

      Done at Brussels, 21 December 2010.

            For the Political and Security Committee

            The President

         W. STEVENS

      (1)  OJ L 335, 18.12.2010, p. 60.


title: 2004/600/EC: Commission Decision of 4 August 2004 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate originating, inter alia, in Australia

text:
               19.8.2004

               EN

               Official Journal of the European Union

               L 271/38

      COMMISSION DECISION

   of 4 August 2004
   accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate originating, inter alia, in Australia
   (2004/600/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Communities (1) (the basic Regulation), and in particular Article 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   1.   PROCEDURE

               (1)

               On 19 February 2004, the Commission imposed, by Regulation (EC) No 306/2004 (2), a provisional anti-dumping duty on the imports into the Community of poly(ethylene terephthalate) (hereinafter referred to as PET or product concerned) originating in Australia, the People’s Republic of China and Pakistan (the provisional Regulation).

               (2)

               Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1467/2004 (3) imposing definitive anti-dumping duties on imports of PET originating in Australia, the People’s Republic of China and Pakistan (the definitive Regulation).

               (3)

               The investigation confirmed the provisional findings of injurious dumping relating to imports of the product concerned originating in Australia, the People’s Republic of China and Pakistan.

         2.   UNDERTAKING

               (4)

               Subsequent to the adoption of provisional anti-dumping measures, one cooperating exporting producer in Australia (Leading Synthetics Pty Ltd) offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking, the exporting producer in question has offered to sell the product concerned at or above price levels that eliminate the injurious effect of dumping.

               (5)

               The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of the company is such that the Commission considers that the risk of circumvention of the undertaking is limited.

               (6)

               In view of this, it is considered that the undertaking is acceptable.

               (7)

               In order to enable the Commission to monitor effectively the company’s compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional on presentation of a commercial invoice containing at least the items of information listed in Annex 2 to Council Regulation (EC) No 1467/2004. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate amount of anti-dumping duty will instead be payable.

               (8)

               In the event of a breach or withdrawal of the undertaking, or a suspected breach, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking offered by the exporting producer mentioned below, in connection with the present anti-dumping proceeding concerning imports of certain poly(ethylene terephthalate) originating in Australia, the People’s Republic of China and Pakistan is hereby accepted.

               Country

               Manufacturer

               TARIC additional code

               Australia

               Leading Synthetics Pty Ltd

               A503

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

      Done at Brussels, 4 August 2004.

            For the Commission

         Pascal LAMY

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ L 52, 21.2.2004, p. 5.

      (3)  See page 1 of this Official Journal.


title: 2010/233/: Commission Decision of 26 April 2010 setting up the Expert Group on a Common Frame of Reference in the area of European contract law

text:
               27.4.2010

               EN

               Official Journal of the European Union

               L 105/109

         COMMISSION DECISION
   of 26 April 2010
   setting up the Expert Group on a Common Frame of Reference in the area of European contract law
   (2010/233/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               The European Council at Tampere in October 1999 requested the Commission to study the need to harmonise legislation in the area of substantive civil law.

               (2)

               The Commission issued a Communication on European contract law (1) in 2001 with the purpose of launching a process of consultation on potential problems and actions in the area of contract law, the responses to which indicated a clear consensus on the need to improve the consistency of the existing Union contract law legislation in order to ensure its uniform application and a smooth functioning of the internal market.

               (3)

               The Commission issued an action plan entitled ‘A more coherent European contract law’ (2) in 2003 which proposed to improve the quality and coherence of Union contract law legislation through the establishment of a Common Frame of Reference, which would provide the Union with a non-binding reference tool containing principles, definitions and model rules to be used for the revision of existing Union legislation and the preparation of new legislation in the area of contract law.

               (4)

               As a preparatory measure, the Commission financed in 2005, through a grant under the 6th Framework Programme for Research, a European academic network of researchers to carry out in-depth legal research which led to an academic Draft Common Frame of Reference (hereinafter referred to as ‘the Draft Common Frame of Reference’).

               (5)

               The Stockholm Programme for 2010-2014 invites the Commission to submit a proposal on a Common Frame of Reference in the area of European contract law which should be a non-binding set of fundamental principles, definitions and model rules to be used by the lawmakers at Union level to ensure greater coherence and quality in the lawmaking process.

               (6)

               The Europe 2020 strategy for smart, sustainable and inclusive growth (3) recognises the need to make it easier and less costly for businesses and consumers to conclude contracts with partners in other EU countries, inter alia, by making progress towards an optional European Contract Law.

               (7)

               It is therefore necessary to set up a group of experts in the area of civil law, and in particular contract law, and to define its tasks and its structure.

               (8)

               The group should assist the Commission in preparing a proposal for a Common Frame of Reference in the area of European contract law, including consumer and business contract law, using the Draft Common Frame of Reference as a starting point and taking into consideration other research work conducted in this area as well as the Union acquis. The group should, in particular, help the Commission select those parts of the Draft Common Frame of Reference which are of direct or indirect relevance for contract law, and restructure, revise and supplement the selected contents.

               (9)

               The group should be composed of highly qualified experts with competence in the area of civil law, and in particular contract law, appointed in a personal capacity.

               (10)

               Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4).

               (11)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

               (12)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Expert Group on the Common Frame of Reference in the area of European contract law
   The group of experts ‘Expert Group on a Common Frame of Reference in the area of European contract law’, hereinafter referred to as ‘the group’, is hereby set up.
   Article 2
   Task
   The group’s task shall be to assist the Commission in the preparation of a proposal for a Common Frame of Reference in the area of European contract law, including consumer and business contract law, and in particular in:

               (a)

               selecting those parts of the Draft Common Frame of Reference which are of direct or indirect relevance to contract law; and

               (b)

               restructuring, revising and supplementing the selected contents of the Draft Common Frame of Reference, taking also into consideration other research work conducted in this area as well as the Union acquis.

         Article 3
   Consultation
   The Commission may consult the group on any matter relating to the preparation of a proposal for a Common Frame of Reference in the area of European contract law.
   Article 4
   Membership — Appointment
   1.   The group shall be composed of up to 20 members.
   2.   The members shall be appointed by the Director-General of DG Justice, Freedom and Security from specialists with outstanding competence in the area of civil law, and in particular contract law. The appointment of members shall be made in such a manner as to ensure, as far as possible, an adequate balance in terms of range of competencies, geographical origin and gender.
   3.   The members shall be appointed in a personal capacity and shall act independently and in the public interest.
   4.   The group shall include experts from the following categories:

               —

               scientific and research organisations, academia,

               —

               legal practitioners,

               —

               experts representing the civil society.

         5.   Members of the group shall be appointed for a mandate ending on 26 April 2012.
   6.   Members may not designate an alternate to replace them, except with the agreement of the Commission.
   7.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 3 of this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office.
   8.   Members shall 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.
   9.   The names of members shall be published in the Register of Commission expert groups and on the Internet site of DG Justice, Freedom and Security. The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   10.   Members who do not wish to have their names disclosed may apply for derogation from this rule. The request not to disclose the name of a member of an expert group shall be considered justified whenever publication could endanger his or her security or integrity or unduly prejudice his or her privacy.
   Article 5
   Operation
   1.   The group shall be chaired by the Commission.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
   3.   The Commission’s representative may ask experts from outside the group with specific competence on a subject on the agenda or observers, in particular from the European Parliament and Council, to participate in the deliberations of the group or sub-group deliberations if this is useful and/or necessary.
   4.   Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
   5.   The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups adopted by the Commission.
   7.   The Commission may publish, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the group.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the group shall not be remunerated for the services they render.
   2.   The Commission shall reimburse travel and, where appropriate, subsistence expenses incurred by participants in connection with the activities of the group in accordance with the Commission’s rules on the compensation of external experts.
   3.   Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.
   Article 7
   Applicability
   The Decision shall apply until 26 April 2012.

      Done at Brussels, 26 April 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ C 255, 13.9.2001, p. 1.

      (2)  OJ C 63, 15.3.2003, p. 1.

      (3)  COM(2010) 2020 final, p. 23.

      (4)  OJ L 317, 3.12.2001, p. 1.

      (5)  OJ L 8, 12.1.2001, p. 1.


Avis juridique important

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32003D0695

2003/695/EC: Council Decision of 29 September 2003 appointing a member of the Committee of the Regions

Official Journal L 254 , 08/10/2003 P. 0015 - 0015

Council Decisionof 29 September 2003appointing a member of the Committee of the Regions(2003/695/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Austrian Government,Whereas:(1) The Council adopted Decision 2002/60/EC of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions.(2) The seat of a member of the Committee of the Regions has become vacant following the resignation of Mr Alfred STINGL, of which the Council was notified on 9 September 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Heinz SCHADEN, Mayor of Salzburg, is hereby appointed a member of the Committee of the Regions in place of Mr Alfred STINGL for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 29 September 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 24, 26.1.2002, p. 38.


title: 2005/206/EC: Council Decision of 28 February 2005 on the signing and provisional application of an additional protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

text:
               15.3.2005

               EN

               Official Journal of the European Union

               L 68/32

         COUNCIL DECISION
   of 28 February 2005
   on the signing and provisional application of an additional protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   (2005/206/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310, in conjunction with Article 300(2), first subparagraph, second sentence, thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 26 April 2004 the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate with the Republic of South Africa an Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part (1), to take account of the accession of the ten new Member States to the European Union.

               (2)

               These negotiations have been concluded to the satisfaction of the Commission.

               (3)

               The Additional Protocol negotiated with the Republic of South Africa provides, in Article 10(2), for the provisional application of the Additional Protocol before its entry into force.

               (4)

               Subject to its conclusion, the Additional Protocol should be signed on behalf of the Community and apply on a provisional basis,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community and its Member States, the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union.
   The text of the Additional Protocol is attached to this Decision.
   Article 2
   The Additional Protocol shall be applied provisionally subject to its conclusion.

      Done at Brussels, 28 February 2005.

            For the Council

            The President

         F. BODEN

      (1)  OJ L 127, 29.4.2004, p. 109.
   ADDITIONAL PROTOCOL
   to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

               THE KINGDOM OF BELGIUM,

               THE CZECH REPUBLIC,

               THE KINGDOM OF DENMARK,

               THE FEDERAL REPUBLIC OF GERMANY,

               THE REPUBLIC OF ESTONIA,

               THE HELLENIC REPUBLIC,

               THE KINGDOM OF SPAIN,

               THE FRENCH REPUBLIC,

               IRELAND,

               THE ITALIAN REPUBLIC,

               THE REPUBLIC OF CYPRUS,

               THE REPUBLIC OF LATVIA,

               THE REPUBLIC OF LITHUANIA,

               THE GRAND DUCHY OF LUXEMBOURG,

               THE REPUBLIC OF HUNGARY,

               THE REPUBLIC OF MALTA,

               THE KINGDOM OF THE NETHERLANDS,

               THE REPUBLIC OF AUSTRIA,

               THE REPUBLIC OF POLAND,

               THE PORTUGUESE REPUBLIC,

               THE REPUBLIC OF SLOVENIA,

               THE SLOVAK REPUBLIC,

               THE REPUBLIC OF FINLAND,

               THE KINGDOM OF SWEDEN,

               THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

         hereinafter referred to as the ‘Member States’, represented by the Council of the European Union,
   and
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’,
   and
   THE REPUBLIC OF SOUTH AFRICA,
   together hereinafter referred to as ‘Contracting Parties’
   CONSIDERING THAT the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, (hereinafter referred to as the ‘TDCA’), was signed in Pretoria on 11 October 1999 and entered into force on 1 May 2004;
   CONSIDERING THAT the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union was signed in Athens on 16 April 2003 and entered into force on 1 May 2004;
   CONSIDERING THAT, pursuant to Article 6(2) of the 2003 Act of Accession, the accession of the new Contracting Parties to the TDCA shall be agreed by the conclusion of a protocol to the TDCA,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic (hereinafter referred to as ‘the new Member States’) hereby become Contracting Parties to the TDCA and shall respectively adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Agreement, as well as of the Annexes, Protocols and Declarations attached thereto.
   CHAPTER I
   AMENDMENTS TO THE TEXT OF THE TDCA, INCLUDING ITS ANNEXES AND PROTOCOLS
   Article 2
   Languages and number of originals
   Article 108 of the TDCA is replaced by the following:

      ‘Article 108
      This Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovenian, Slovak, Spanish and Swedish languages and the official languages of South Africa, other than English, namely Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu, each of these texts being equally authentic.’

   Article 3
   Tariff quota
   In List 6 of Annex IV to the TDCA, the tariff quotas for global prepared fruit and for global mixed prepared fruit shall be increased by 1 225 tonnes and 340 tonnes, respectively.
   Article 4
   Rules of origin
   Protocol 1 of the TDCA shall be amended as follows:

               1.

               Article 16(4) shall be replaced by the following:
               ‘4.   Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

                           ES

                           “EXPEDIDO A POSTERIORI”

                           CS

                           “VYSTAVENO DODATEČNĚ”

                           DA

                           “UDSTEDT EFTERFØLGENDE”

                           DE

                           “NACHTRÄGLICH AUSGESTELLT”

                           ET

                           “TAGANTJÄRELE VÄLJA ANTUD”

                           EL

                           “ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ”

                           EN

                           “ISSUED RETROSPECTIVELY”

                           FR

                           “DÉLIVRÉ A POSTERIORI”

                           IT

                           “RILASCIATO A POSTERIORI”

                           LV

                           “IZSNIEGTS RETROSPEKTĪVI”

                           LT

                           “RETROSPEKTYVUSIS IŠDAVIMAS”

                           HU

                           “KIADVA VISSZAMENŐLEGES HATÁLLYAL”

                           MT

                           “MAĦRUĠ RETROSPETTIVAMENT”

                           NL

                           “AFGEGEVEN A POSTERIORI”

                           PL

                           “WYSTAWIONE RETROSPEKTYWNIE”

                           PT

                           “EMITIDO A POSTERIORI”

                           SL

                           “IZDANO NAKNADNO”

                           SK

                           “VYDANÉ DODATOČNE”

                           FI

                           “ANNETTU JÄLKIKÄTEEN”

                           SV

                           “UTFÄRDAT I EFTERHAND”’

                     ;

               2.

               Article 17(2) shall be replaced by the following:
               ‘2.   The duplicate issued in this way must be endorsed with one of the following words:

                           ES

                           “DUPLICADO”

                           CS

                           “DUPLIKÁT”

                           DA

                           “DUPLIKAT”

                           DE

                           “DUPLIKAT”

                           ET

                           “DUPLIKAAT”

                           EL

                           “ΑΝΤΙΓΡΑΦΟ”

                           EN

                           “DUPLICATE”

                           FR

                           “DUPLICATA”

                           IT

                           “DUPLICATO”

                           LV

                           “DUBLIKĀTS”

                           LT

                           “DUBLIKATAS”

                           HU

                           “MÁSODLAT”

                           MT

                           “DUPLIKAT”

                           NL

                           “DUPLICAAT”

                           PL

                           “DUPLIKAT”

                           PT

                           “SEGUNDA VIA”

                           SL

                           “DVOJNIK”

                           SK

                           “DUPLIKÁT”

                           FI

                           “KAKSOISKAPPALE”

                           SV

                           “DUPLIKAT”’

                     ;

               3.

               Annex IV shall be replaced by the following:

                  ‘ANNEX IV
                  INVOICE DECLARATION
                  The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
                  Spanish version
                  El exportador de los productos incluidos en el presente documento [autorización aduanera no … (1).] declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial. … (2).
                  Czech version
                  Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (1)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v … (2).
                  Danish version
                  Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (2).
                  German version
                  Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte … (2) Ursprungswaren sind.
                  Estonian version
                  Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti kinnitus nr. … (1)) deklareerib, et need tooted on … (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.
                  Greek version
                  Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο [άδεια τελωνείου υπ'αριθ … (1)] δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (2).
                  English version
                  The exporter of the products covered by this document (customs authorisation No … (1)) declares that, except where otherwise clearly indicated, these products are of … (2) preferential origin.
                  French version
                  L’exportateur des produits couverts par le présent document [autorisation douanière no … (1)] déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (2).
                  Italian version
                  L’esportatore delle merci contemplate nel presente documento [autorizzazione doganale n. … (1)] dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (2).
                  Latvian version
                  To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (1)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme no … (2).
                  Lithuanian version
                  Šiame dokumente išvardintų prekių eksportuotojas (muitinės liudijimo Nr … (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (2) preferencinės kilmės prekės.
                  Hungarian version
                  A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (1)) kijelentem, hogy eltérő jelzés hianyában az áruk kedvezményes … (2) származásúak.
                  Maltese version
                  L-esportatur tal-prodotti koperti b’dan id-dokument (awtorizzazzjoni tad-dwana nru. … (1)) jiddikjara li, ħlief fejn indikat b’mod ċar li mhux hekk, dawn il-prodotti huma ta’ oriġini preferenzjali … (2).
                  Dutch version
                  De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (2).
                  Polish version
                  Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (2) preferencyjne pochodzenie.
                  Portuguese version
                  O abaixo-assinado, exportador dos produtos abrangidos pelo presente documento [autorização aduaneira n.o … (1)], declara que, salvo indicação expressa em contrário, estes produtos são de origem preferencial … (2).
                  Slovenian version
                  Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št … (1)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (2) poreklo.
                  Slovak version
                  Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia … (1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (2).
                  Finnish version
                  Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o … (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (2).
                  Swedish version
                  Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr … (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (2).
                  South African versions
                  Bagwebi ba go romela ntle ditöweletöwa töeo di akaretöwago ke tokumente ye (Nomoro ya ditöwantle ya tumelelo … (1)) ba ipolela gore ntle le moo go laeditöwego, ditöweletöwa töe ke töa go töwa (2) ka tlhago.
                  Moromelli wa sehlahiswa ya sireleditsweng ke tokomane ena (tumello ya thepa naheng No … (1)) e hlalosa hore, ka ntle ha eba ho hlalositswe ka tsela e nngwe ka nepo, dihlahiswa tsena ke tsa … tshimoloho e kgethilweng (2).
                  Moromelantle wa dikuno tse di tlhagelelang mo lokwalong le (lokwalo lwa tumelelo ya kgethiso No … (1)) o tlhomamisa gore, ntle le fa go tlhagisitsweng ka mokgwa mongwe, dikuno tse ke tsa … dinaga tse di thokegang (2).
                  Umtfumeli ngaphandle walemikhicito lebalwe kulomculu (ngeligunya lalokutfunyelwa ngaphandle Nombolo … (1)) lophakamisa kutsi, ngaphandle kwalapho lekuboniswe khona ngalokucacile, lemikhicito … ngeyendzabuko lebonelelwako (2).
                  Muvhambadzi wa zwibveledzwa mashangoni a nnda, (zwibveledzwa) zwine zwa vha zwo ambiwaho kha ili linwalo (linwalo la u nea maanda la mithelo ya zwitundwannda kana zwirumelwannda la vhu … (1)), li khou buletshedza uri, nga nnda ha musi zwo ambiwa nga inwe ndila-vho, zwibveledzwa hezwi ndi zwa … vhubwo hune ha khou funeseswa kana u takaleleswa (2).
                  Muxavisela-vambe wa swikumiwa leswi nga eka tsalwa leri (Xibalo xa switundziwa xa Nomboro … (1)) u boxa leswaku, handle ka laha swi kombisiweke, swikumiwa leswi i swa ntiyiso swa xilaveko xa le henhla swinene (2).
                  Die uitvoerder van die produkte gedek deur hierdie dokument (doeanemagtiging No … (1)) verklaar dat, uitgesonderd waar andersins duidelik aangedui, hierdie produkte van … voorkeuroorsprong (2) is.
                  Umthumelli-phandle wemikhiqizo ebalwe kilencwadi (inomboro … (1) egunyaza imikhiqizo ephumako) ubeka uthi, ngaphandle kobana kutjengiswe ngendlela ethileko butjhatjhalazi, lemikhiqizo ine … mwelaphi enconyiswako (2).
                  Umthumeli weempahla ngaphandle kwelizwe wemveliso equkwa lolu xwebhu (iirhafu zempahla zesigunyaziso Nombolo … (1)) ubhengeza ukuthi, ngaphandle kwalapho kuboniswe ngokucacileyo, ezi mveliso … zezemvelaphi eyamkelekileyo kunezinye (2).
                  Umthumeli wempahla ebhaliwe kulo mqulu iNombolo … yokugunyaza yentela yempahla … (1) uyamemezela ukuthi, ngaphandle kokuthi kukhonjisiwe ngokusobala, le mikhiqizo iqhamuka … endaweni ekhethekileyo (2).
                  … (3)

                  (Place and date)
                  … (4)

                  (Signature of the exporter; in addition, the name of the person signing the declaration has to be indicated in clear script)

         CHAPTER II
   TRANSITIONAL PROVISIONS
   Article 5
   Consultations
   The Republic of South Africa undertakes that it shall not make any claim, request or referral nor modify or withdraw any concession pursuant to GATT Articles XXIV.6 and XXVIII in relation to the enlargement of the Community. Until the end of July 2004, the Community would, however, be willing to consider holding further consultations under Article 22(2) of the TDCA.
   Article 6
   Goods en route or in temporary storage
   1.   The provisions of the Agreement shall be applied to goods exported from either South Africa to one of the new Member States or from one of the new Member States to South Africa, which comply with the provisions of Protocol 1 to the TDCA and which on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in South Africa or in that new Member State.
   2.   Preferential treatment shall be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months from the date of accession, of a proof of origin issued retrospectively by the customs authorities of the exporting country.
   Article 7
   Quotas in 2004
   For the year 2004, the increases in the volumes of existing tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before 1 May 2004.
   CHAPTER III
   GENERAL AND FINAL PROVISIONS
   Article 8
   This Protocol shall form an integral part of the TDCA.
   Article 9
   1.   This Protocol shall be approved by the Community, by the Council of the European Union on behalf of the Member States, and by the Republic of South Africa in accordance with their own procedures.
   2.   The Contracting Parties shall notify each other of the accomplishment of the corresponding procedures referred to in paragraph 1. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 10
   1.   This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.
   2.   This Protocol shall apply provisionally as from 1 May 2004.
   Article 11
   This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovenian, Slovak, Spanish and Swedish languages and the official languages of South Africa, other than English, namely Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu, each of these texts being equally authentic.

            For the Member States

            For the European Community

            For the Republic of South Africa

      (1)  When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets will be omitted or the space left blank.

      (2)  Origin of products to be indicated. When the invoice declaration relates in whole or in part to products originating in Ceuta and Melilla within the meaning of Article 36 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”.

      (3)  These indications may be omitted if the information is contained in the document itself.

      (4)  See Article 19(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.’.


Avis juridique important

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32002D0675

2002/675/EC: Commission Decision of 23 August 2002 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain tube and pipe fittings, of iron or steel, originating in the Czech Republic, Malaysia, the Republic of Korea, Russia and Slovakia

Official Journal L 228 , 24/08/2002 P. 0034 - 0035

Commission Decisionof 23 August 2002accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain tube and pipe fittings, of iron or steel, originating in the Czech Republic, Malaysia, the Republic of Korea, Russia and Slovakia(2002/675/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000,(2) and in particular Article 8 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) By Regulation (EC) No 358/2002(3), the Commission imposed provisional anti-dumping duties on imports into the Community of certain tube and pipe fittings, of iron or steel, originating in the Czech Republic, Malaysia, the Republic of Korea, Russia and Slovakia.(2) Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1514/2002(4) imposing a definitive anti-dumping duty on imports of certain tube and pipe fittings, of iron or steel, originating in the Czech Republic, Malaysia, the Republic of Korea, Russia and Slovakia.(3) The investigation confirmed the provisional findings of injurious dumping relating to imports originating in the abovementioned countries.B. UNDERTAKING(4) Subsequent to the adoption of provisional anti-dumping measures, one cooperating exporting producer in the Czech Republic offered a price undertaking in accordance with Article 8(1) of Regulation (EC) No 384/96 (the "Basic Regulation"). In that undertaking, it has offered to sell the product concerned at or above price levels which eliminate the injurious effects of dumping.(5) The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of this exporting producer is such that the Commission considers that the risk of circumventing the undertaking is limited.(6) In view of this, the undertaking offered is considered acceptable.(7) In order to enable the Commission to monitor effectively the company's compliance with its undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional on the presentation of an invoice containing at least the items of information listed in the Annex to Regulation (EC) 1514/2002. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that shipments correspond to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty will instead be payable.(8) In the event of a breach or withdrawal of the undertaking, or a suspected breach, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation,HAS DECIDED AS FOLLOWS:Article 1The undertaking offered by the producer mentioned below, in connection with the anti-dumping proceeding concerning imports of certain tube and pipe fittings of iron or steel, originating in the Czech Republic, Malaysia, the Republic of Korea, Russia and Slovakia, is hereby accepted.>TABLE>Article 2This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.Done at Brussels, 23 August 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 4.(3) OJ L 56, 27.2.2002, p. 4.(4) See page 1 of this Official Journal.