title: Council Decision of 7 March 2011 on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland

text:
               18.6.2011

               EN

               Official Journal of the European Union

               L 160/37

         COUNCIL DECISION
   of 7 March 2011
   on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
   (2011/351/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e), in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               Following the authorisation given to the Commission on 27 February 2006, negotiations with the Swiss Confederation and the Principality of Liechtenstein of a Protocol on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (hereinafter referred to as ‘the Protocol’) have been finalised.

               (2)

               In accordance with the Decision of the Council of 28 February 2008, and subject to its conclusion at a later date, the Protocol was signed on behalf of the European Community, on 28 February 2008.

               (3)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (4)

               The Protocol should be approved.

               (5)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, these Member States are taking part in the adoption and application of this Decision.

               (6)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland and the declarations annexed thereto are approved on behalf of the European Union.
   The text of the Protocol, its Final Act and related Declarations are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the Union the instrument of approval provided for in Article 8(1) of the Protocol, in order to express the consent of the Union to be bound, and to make the following notification:

      ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the Protocol as well as in the Agreement are, where appropriate, to be understood as to “the European Union”.’

   Article 3
   This Decision shall enter into force on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 7 March 2011.

            For the Council

            The President

         CZOMBA S.

   FINAL ACT
   The plenipotentiaries
   of the EUROPEAN COMMUNITY
   and
   of the SWISS CONFEDERATION
   and
   of the PRINCIPALITY OF LIECHTENSTEIN,
   hereinafter referred to as ‘the Contracting Parties’
   meeting in Brussels on the twenty-eighth day of February in the year 2008 for the signature of the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland, have adopted the Protocol.
   The plenipotentiaries of the Contracting Parties have taken note of the following Declarations listed below and annexed to this Final Act:

               —

               Common Declaration of the Contracting Parties on a close dialogue,

               —

               Declaration by Liechtenstein on Article 5(3),

               —

               Joint Declaration on joint meetings of the Mixed Committees.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vārdā
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         За Конфедерация Швейцария
         Por la Confederación Suiza
         Za Švýcarskou konfederaci
         For Det Schweiziske Forbund
         Für die Schweizerische Eidgenossenschaft
         Šveitsi Konföderatsiooni nimel
         Για την Ελβετική Συνομοσπονδία
         For the Swiss Confederation
         Pour la Confédération suisee
         Per la Confederazione svizzera
         Šveices Konfederācijas vārdā
         Šveicarijos Konfederacijos vardu
         A Svájci Állmszövetség részéről
         Għall-Konfederazzjoni Żvizzera
         Voor de Zwitserse Bondsstaat
         W imieniu Konfederacji Szwajcarskiej
         Pela Confederação Suiça
         Pentru Confederația Elvețiană
         Za Švajčiarsku konfederáciu
         Za Švicarsko konfederacijo
         Sveitsin valaliiton puolesta
         För Schweiziska edsförbundet

         За Княжeство Лиxтeнщaйн
         Por el Principado de Liechtenstein
         Za Lichtenštejnské knížectví
         For Fyrstendømmet Liechtenstein
         Für das Fürstentum Liechtenstein
         Liechtensteini Vürstiriigi nimel
         Για τo Πριγκιπάτo τoυ Λιχτενστάιν
         For the Principality of Liechtenstein
         Pour la Principauté de Liechtenstein
         Per il Principato del Liechtenstein
         Lihtenšteinas Firstistes vārdā
         Lichtenšteino Kunigaikštystės vardu
         A Liechtensteini Hercegség részéről
         Għall-Prinċipat ta’ Liechtenstein
         Voor het Vorstendom Liechtenstein
         W imieniu Księstwa Liechtensteinu
         Pelo Principado do Liechtenstein
         Pentru Principatul Liechtenstein
         Za Lichtenštajnské kniežatstvo
         Za Kneževino Lihtenštajn
         Liechtensteinin ruhtinaskunnan puolesta
         För Furstendömet Liechtenstein

   COMMON DECLARATION OF THE CONTRACTING PARTIES ON A CLOSE DIALOGUE
   The Contracting Parties stress the importance of a close, productive dialogue between all parties participating in the implementation of the provisions listed in Article 2(1) of this Protocol.
   In accordance with Article 3(1) of the Agreement between the European Community and Switzerland, at Mixed Committee meetings with a view to holding exchanges of views with Switzerland, the Commission will invite experts from the Member States to hear experts from Liechtenstein on all the matters dealt with in the Agreement between the European Community and Switzerland.
   The Contracting Parties note that the Member States are prepared to accept this invitation and to take part in these exchanges of views with Liechtenstein on all the matters dealt with in the Agreement between the European Community and Switzerland.
   DECLARATION BY LIECHTENSTEIN ON ARTICLE 5(3)
   (Time limit for accepting new developments in the Dublin/Eurodac acquis)
   The maximum time limit of 18 months laid down in Article 5(3) covers both the approval and the implementation of the act or measure. It includes the following stages:

               —

               the preparatory stage,

               —

               the parliamentary procedure,

               —

               the referendum deadline of 30 days,

               —

               where applicable the referendum (organisation and voting),

               —

               the sanctioning of the ruling prince.

         The Government of Liechtenstein shall inform the Council and the Commission without delay of the completion of each of the stages.
   The Government of Liechtenstein undertakes to use every means at its disposal to ensure that the abovementioned stages are completed as swiftly as possible.
   JOINT DECLARATION ON JOINT MEETINGS OF THE MIXED COMMITTEES
   The delegation of the European Commission,
   The delegations representing the Governments of the Republic of Iceland and the Kingdom of Norway,
   The delegation representing the Government of the Swiss Confederation,
   The delegation representing the Government of the Principality of Liechtenstein,
   Note that Liechtenstein accedes to the Mixed Committee established by the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland via a Protocol to this Agreement.
   Have decided to organise the meetings of the Joint Committees, established by the Agreement between the European Community and Iceland and Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway, on the one hand, and the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland as complemented by the Protocol on the accession of Liechtenstein, on the other hand, jointly.
   Note that holding these meetings jointly calls for a pragmatic arrangement regarding the office of presidency of such meetings when that presidency is to be held by the associated States according to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or Switzerland as complemented by the Protocol on the accession of Liechtenstein or the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway.
   Note the wish of the associated States to cede, as necessary, the exercise of their presidencies and rotate it among them in alphabetical order of name as from the entry into force of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or Switzerland as complemented by the Protocol on the accession of Liechtenstein.
    ---documentbreak---

               18.6.2011

               EN

               Official Journal of the European Union

               L 160/37

         PROTOCOL
   between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
   THE EUROPEAN COMMUNITY
   and
   THE SWISS CONFEDERATION
   and
   THE PRINCIPALITY OF LIECHTENSTEIN,
   hereinafter referred to as the ‘Contracting Parties’,
   HAVING REGARD TO the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland signed on 26 October 2004 (1) (hereinafter referred to as the ‘Agreement between the European Community and Switzerland’),
   RECALLING that Article 15 thereof provides for the possibility of the Principality of Liechtenstein acceding to the Agreement between the European Community and Switzerland by way of Protocol,
   CONSIDERING the geographical situation of the Principality of Liechtenstein,
   CONSIDERING the wish of the Principality of Liechtenstein to be associated to the Community legislation covering the Dublin and Eurodac Regulations (hereinafter referred to as the ‘Dublin/Eurodac acquis’),
   WHEREAS the European Community, on 19 January 2001, concluded an agreement with the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway based on the Dublin Convention (2),
   WHEREAS it is desirable that the Principality of Liechtenstein be associated on an equal footing with Iceland, Norway and Switzerland in the implementation, application and development of the Dublin/Eurodac acquis,
   WHEREAS a Protocol should be concluded between the European Community, the Swiss Confederation and the Principality of Liechtenstein providing for Liechtenstein to enjoy rights and obligations similar to those agreed between the European Community, of the one part, and Iceland and Norway, as well as Switzerland of the other part,
   WHEREAS the provisions of Title IV of the Treaty establishing the European Community and the acts adopted on the basis of that Title do not apply to the Kingdom of Denmark pursuant to the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, but it should be made possible for the Swiss Confederation and the Principality of Liechtenstein of the one part and Denmark of the other part to apply the substantive provisions of the Agreement between the European Community and Switzerland in their relations with each other, as provided for in Article 11(1) thereof,
   WHEREAS it is necessary to ensure that the States with which the European Community has established an association for the purpose of implementing, applying and developing the Dublin/Eurodac acquis also apply that acquis in their relations with each other,
   WHEREAS the smooth operation of the Dublin/Eurodac acquis requires that this Protocol be applied simultaneously with the agreements between the various parties associated with or participating in the implementation and development of the Dublin/Eurodac acquis governing their mutual relations,
   WHEREAS Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) must be applied by the Principality of Liechtenstein as it is applied by the Member States of the European Union when processing data for the purposes of this Protocol,
   HAVING REGARD TO the Protocol on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community, the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
       (4),
   BEARING IN MIND the link between the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining a request for asylum lodged in one of the Member States and concerning the setting-up of Eurodac and the Schengen acquis,
   WHEREAS that link requires that the Schengen acquis be applied simultaneously with the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining a request for asylum lodged in one of the Member States and concerning the setting-up of Eurodac,
   HAVE AGREED AS FOLLOWS:
   Article 1
   1.   In accordance with Article 15 of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (hereinafter referred to as ‘the Agreement between the European Community and Switzerland’), the Principality of Liechtenstein (hereinafter referred to as ‘Liechtenstein’) accedes to that Agreement, under the terms and conditions set out in this Protocol.
   2.   This Protocol creates reciprocal rights and obligations between the Contracting Parties, in accordance with the rules and procedures set out in herein.
   Article 2
   1.   The provisions of the:

               —

               Dublin Regulation (5),

               —

               Eurodac Regulation (6),

               —

               Eurodac implementing Regulation (7), and

               —

               the Dublin implementing Regulation (8)

         shall be implemented by Liechtenstein, and applied in its relations with the Member States of the European Union and with Switzerland.
   2.   The acts and measures taken by the European Community amending or building upon the provisions referred to in paragraph 1 and the decisions taken in accordance with the procedures set out in those provisions, without prejudice to Article 5, shall also be accepted, implemented and applied by Liechtenstein.
   3.   For the purposes of paragraphs 1 and 2, references to the ‘Member States’ in the provisions referred to in paragraph 1 shall be deemed to include Liechtenstein.
   Article 3
   The rights and obligations set out in Articles 2, 3(1) to (4), Articles 5 to 7, Article 8(1) second subparagraph and Article 8(2), Articles 9 to 11 of the Agreement between the European Community and Switzerland shall apply mutatis mutandis to Liechtenstein.
   Article 4
   A representative of the Government of Liechtenstein shall become a member of the Mixed Committee as established by Article 3 of the Agreement between the European Community and Switzerland.
   The office of the President of the Mixed Committee shall be held alternately for a period of six months, by the representative of the Commission of the European Communities (hereafter ‘the Commission’) and by the representative of the Government of Liechtenstein or Switzerland, respectively.
   Article 5
   1.   Subject to paragraph 2, when the Council of the European Union (hereafter ‘the Council’) adopts acts or measures amending or building upon the provisions of Article 2 and when acts or measures are adopted in accordance with the procedures set out in those provisions, those acts or measures shall be applied simultaneously by the Member States and Liechtenstein, except where express provisions exist to the contrary.
   2.   The Commission shall notify Liechtenstein without delay of the adoption of the acts or measures referred to in paragraph 1. Liechtenstein shall decide whether to accept their contents and to implement them in its internal legal order. That decision shall be notified to the Commission within 30 days of the adoption of the acts or measures concerned.
   3.   If the contents of such an act or a measure can become binding on Liechtenstein only after the fulfilment of constitutional requirements, Liechtenstein shall inform the Commission of this at the time of its notification. Liechtenstein shall promptly inform the Council and the Commission in writing upon fulfilment of all constitutional requirements. Where a referendum is not required, notification shall, at the latest, take place 30 days after the referendum deadline expires. If a referendum is required, Liechtenstein shall have a maximum of 18 months from the date of the Commission’s notification within which to make its notification. From the date laid down for the entry into force of the act or measure for Liechtenstein and until it has given notification that the constitutional requirements have been met, Liechtenstein shall, where possible, implement the act or measure in question on a provisional basis.
   4.   If Liechtenstein cannot implement the act or measure at issue on a provisional basis, and if this causes difficulties that disrupt the operation of Dublin/Eurodac cooperation, the situation shall be examined by the Mixed Committee. The European Community may take proportionate, appropriate measures against Liechtenstein to ensure that Dublin/Eurodac cooperation operates smoothly.
   5.   Acceptance by Liechtenstein of the acts and measures referred to in paragraph 1 shall create rights and obligations between Liechtenstein, Switzerland and the Member States of the European Union.
   6.   This Protocol shall be suspended if:

               (a)

               Liechtenstein notifies its decision not to accept the contents of an act or measure referred to in paragraph 1 and to which the procedures set out in this Protocol have been applied; or

               (b)

               Liechtenstein does not carry out notification within the 30-day time limit referred to in paragraph 2; or

               (c)

               Liechtenstein does not carry out the notification at the latest 30 days after the referendum deadline has expired or, in the case of a referendum, within the 18-month time limit set out in paragraph 3, or does not provide for provisional implementation as envisaged in the same paragraph from the date laid down for the entry into force of the act or measure concerned.

         7.   The Mixed Committee shall examine the matter which gave rise to suspension and shall endeavour to deal with the underlying causes of non-acceptance or non-ratification within 90 days. After examining all other options with a view to ensuring that the Protocol continues to operate smoothly, including the possibility of noting that the Contracting Parties’ laws and regulations are equivalent, it may decide, on a unanimous basis, to reinstate this Protocol. If this Protocol is still suspended after 90 days, it shall be considered terminated.
   Article 6
   As regards the administrative and operating costs associated with the setting up and operation of the Eurodac central unit, Liechtenstein shall make a contribution to the general budget of the European Communities amounting to 0,071 % of an initial reference amount of EUR 11 675 000 and, from the 2004 financial year, an annual contribution amounting to 0,071 % of the corresponding budgetary appropriations for the financial year in question.
   Article 7
   This Protocol shall not affect agreements between Liechtenstein and Switzerland in so far as they are compatible with this Protocol. If such agreements are incompatible with this Protocol, the latter shall prevail.
   Article 8
   1.   This Protocol shall be ratified or approved by the Contracting Parties. Instruments of ratification or approval shall be deposited with the Secretary-General of the Council, who shall be the depositary.
   2.   This Protocol shall enter into force on the first day of the month following notification by the depositary to the Contracting Parties that the final instrument of ratification or approval has been deposited.
   3.   Articles 1, 4 and the first sentence of Article 5(2) of this Protocol and the rights and obligations set out in Articles 2, 3(1) to (4) of the Agreement between the European Community and Switzerland shall apply provisionally to Liechtenstein as of the date on which this Protocol is signed.
   Article 9
   With respect to acts or measures adopted after this Protocol has been signed but before it enters into force, the 30-day period referred to in Article 5(2), last sentence shall start to run from the day of entry into force of this Protocol.
   Article 10
   1.   This Protocol shall be applied only if the agreements to be concluded by Liechtenstein and referred to in Article 11 of the Agreement between the European Community and Switzerland are also implemented.
   2.   In addition, this Protocol shall be applied only if the Protocol concluded between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis is also implemented.
   Article 11
   1.   This Protocol may be denounced by any Contracting Party. The depositary shall be notified of denunciation, which shall take effect six months after notification.
   2.   In case of denunciation by Switzerland of this Protocol or of the Agreement between the European Community and Switzerland, or in case of the termination of the Agreement between the European Community and Switzerland with respect to Switzerland, the Agreement between the European Community and Switzerland and this Protocol shall remain in force with respect to the relations between the European Community on the one part and Liechtenstein on the other part.
   3.   This Protocol shall be considered to have been terminated if Liechtenstein terminates one of the agreements referred to in Article 11 of the Agreement between the European Community and Switzerland that have been concluded by Liechtenstein, or terminates the Protocol referred to in Article 10(2).
   Article 12
   This Protocol shall be drawn up in triplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

      IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
      Съставено в Брюксел на двадесет и осми февруари две хиляди и осма година.
      Hecho en Bruselas, el veintiocho de febrero de dos mil ocho.
      V Bruselu dne dvacátého osmého února dva tisíce osm.
      Udfærdiget i Bruxelles den otteogtyvende februar to tusind og otte.
      Geschehen zu Brüssel am achtundzwanzigsten Februar zweitausendacht.
      Kahe tuhande kaheksanda aasta veebruarikuu kahekümne kaheksandal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Φεβρουαρίου δύο χιλιάδες οκτώ.
      Done at Brussels on the twenty-eighth day of February in the year two thousand and eight.
      Fait à Bruxelles, le vingt-huit février deux mille huit.
      Fatto a Bruxelles, addì ventotto febbraio duemilaotto.
      Briselē, divtūkstoš astotā gada divdesmit astotajā februārī.
      Priimta du tūkstančiai aštuntų metų vasario dvidešimt aštuntą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-nyolcadik év február huszonnyolcadik napján.
      Magħmul fi Brussell, fit-tmienja u għoxrin jum ta’ Frar tas-sena elfejn u tmienja.
      Gedaan te Brussel, de achtentwintigste februari tweeduizend acht.
      Sporządzono w Brukseli dnia dwudziestego ósmego lutego roku dwa tysiące ósmego.
      Feito em Bruxelas, em vinte e oito de Fevereiro de dois mil e oito.
      Încheiat la Bruxelles, la douăzeci și opt februarie în anul două mii opt.
      V Bruseli dňa dvadsiateho ôsmeho februára dvetisícosem.
      V Bruslju, dne osemindvajsetega februarja leta dva tisoč osem.
      Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä helmikuuta vuonna kaksituhattakahdeksan.
      Som skedde i Bryssel den tjugoåttonde februari tjugohundraåtta.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vārdā
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         За Конфедерация Швейцария
         Por la Confederación Suiza
         Za Švýcarskou konfederaci
         For Det Schweiziske Forbund
         Für die Schweizerische Eidgenossenschaft
         Šveitsi Konföderatsiooni nimel
         Για την Ελβετική Συνομοσπονδία
         For the Swiss Confederation
         Pour la Confédération suisee
         Per la Confederazione svizzera
         Šveices Konfederācijas vārdā
         Šveicarijos Konfederacijos vardu
         A Svájci Állmszövetség részéről
         Għall-Konfederazzjoni Żvizzera
         Voor de Zwitserse Bondsstaat
         W imieniu Konfederacji Szwajcarskiej
         Pela Confederação Suiça
         Pentru Confederația Elvețiană
         Za Švajčiarsku konfederáciu
         Za Švicarsko konfederacijo
         Sveitsin valaliiton puolesta
         För Schweiziska edsförbundet

         За Княжeство Лиxтeнщaйн
         Por el Principado de Liechtenstein
         Za Lichtenštejnské knížectví
         For Fyrstendømmet Liechtenstein
         Für das Fürstentum Liechtenstein
         Liechtensteini Vürstiriigi nimel
         Για τo Πριγκιπάτo τoυ Λιχτενστάιν
         For the Principality of Liechtenstein
         Pour la Principauté de Liechtenstein
         Per il Principato del Liechtenstein
         Lihtenšteinas Firstistes vārdā
         Lichtenšteino Kunigaikštystės vardu
         A Liechtensteini Hercegség részéről
         Għall-Prinċipat ta’ Liechtenstein
         Voor het Vorstendom Liechtenstein
         W imieniu Księstwa Liechtensteinu
         Pelo Principado do Liechtenstein
         Pentru Principatul Liechtenstein
         Za Lichtenštajnské kniežatstvo
         Za Kneževino Lihtenštajn
         Liechtensteinin ruhtinaskunnan puolesta
         För Furstendömet Liechtenstein

      (1)  OJ L 53, 27.2.2008, p. 52.

      (2)  OJ L 93, 3.4.2001, p. 38.

      (3)  OJ L 281, 23.11.1995, p. 31.

      (4)  See page 3 of this Official Journal.

      (5)  Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25.2.2003, p. 1).

      (6)  Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 222, 5.9.2003, p. 3).

      (7)  Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316, 15.12.2000, p. 1).

      (8)  Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 62, 5.3.2002, p. 1).


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32002D1203(02)

Council Decision of 25 November 2002 appointing Italian members and alternate members of the Advisory Committee on Freedom of Movement for Workers

Official Journal C 299 , 03/12/2002 P. 0002 - 0003

Council Decisionof 25 November 2002appointing Italian members and alternate members of the Advisory Committee on Freedom of Movement for Workers(2002/C 299/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community(1), and in particular Articles 26 and 27 thereof,Having regard to the lists of candidates submitted by the Italian Government,Whereas:(1) The Council, by its Decision of 7 May 2002(2), appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 7 May 2002 to 6 May 2004, with the exception of the representatives of Italian workers' and employers' organisations.(2) The Italian members and alternate members of the said Committee should be appointed for the remainder of the current term of office, namely until 6 May 2004,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 November 2002 to 6 May 2004:1. WORKERS' REPRESENTATIVES>TABLE>2. EMPLOYERS' REPRESENTATIVES>TABLE>Article 2This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Brussels on 25 November 2002.For the CouncilThe PresidentB. Bendtsen(1) OJ L 257, 18.10.1968, p. 2.(2) OJ C 119, 22.5.2002, p. 1.


title: 2005/810/EC,Euratom: Council Decision of 14 November 2005 appointing a French member of the European Economic and Social Committee

text:
               23.11.2005

               EN

               Official Journal of the European Union

               L 304/16

      COUNCIL DECISION

   of 14 November 2005
   appointing a French member of the European Economic and Social Committee
   (2005/810/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the European Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),
   Whereas a member's seat on the abovementioned Committee has fallen vacant, following the resignation of Mr Claude CAMBUS, of which the Council was informed on 25 July 2005,
   Having regard to the nomination submitted by the French Government,
   Having obtained the opinion of the European Commission,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Georges LIAROKAPIS is hereby appointed a member of the European Economic and Social Committee in place of Mr Claude CAMBUS for the remainder of his term of office, namely until 20 September 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Brussels, 14 November 2005.

            For the Council

            The President

         T. JOWELL

      (1)  OJ L 253, 21.9.2002, p. 9.


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41980D1363

80/1363/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, and of the representative of the Government of the Hellenic Republic of 22 December 1980 opening tariff preferences in Greece for products covered by that Community and originating in Austria, Finland, Norway, Sweden and Switzerland

Official Journal L 385 , 31/12/1980 P. 0019 - 0020 Greek special edition: Chapter 02 Volume 13 P. 0021

++++DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL , AND OF THE REPRESENTATIVE OF THE GOVERNMENT OF THE HELLENIC REPUBLIC  OF 22 DECEMBER 1980  OPENING TARIFF PREFERENCES IN GREECE FOR PRODUCTS COVERED BY THAT COMMUNITY AND ORIGINATING IN AUSTRIA , FINLAND , NORWAY , SWEDEN AND SWITZERLAND   ( 80/1363/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL , AND THE REPRESENTATIVE OF THE GOVERNMENT OF THE HELLENIC REPUBLIC ,  WHEREAS THE MEMBER STATES CONCLUDED AMONG THEMSELVES THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;  WHEREAS GREECE WILL ACCEDE TO THIS COMMUNITY ON 1 JANUARY 1981 ;  WHEREAS THE ADDITIONAL PROTOCOLS TO THE AGREEMENTS CONCLUDED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF AUSTRIA , THE REPUBLIC OF FINLAND , THE KINGDOM OF NORWAY , THE KINGDOM OF SWEDEN AND THE SWISS CONFEDERATION WILL ENTER INTO FORCE ON 1 JANUARY 1981 ;  WHEREAS THE ADDITIONAL PROTOCOLS TO THE AGREEMENTS CONCLUDED BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY OF THE ONE PART AND THE REPUBLIC OF AUSTRIA , THE REPUBLIC OF FINLAND , THE KINGDOM OF NORWAY AND THE KINGDOM OF SWEDEN OF THE OTHER PART , AS WELL AS THE ADDITIONAL PROTOCOL TO THE AGREEMENT CONCLUDED BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE SWISS CONFEDERATION MUST BE APPROVED BY EACH CONTRACTING PARTY IN ACCORDANCE WITH ITS OWN PROCEDURE ;  ANXIOUS TO APPLY AUTONOMOUSLY AND CONCOMITANTLY THE TARIFF REDUCTIONS ON IMPORTS AND THE REDUCTIONS OF OTHER IMPORT CHARGES LAID DOWN IN THESE ADDITIONAL PROTOCOLS ;  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  1 . WITH EFFECT FROM 1 JANUARY AND UNTIL 31 DECEMBER 1981 , THE CUSTOMS DUTIES APPLICABLE IN GREECE ON IMPORTS OF PRODUCTS COVERED BY THE EUROPEAN COAL AND STEEL COMMUNITY AND ORIGINATING IN AUSTRIA , FINLAND , NORWAY , SWEDEN AND SWITZERLAND SHALL BE REDUCED TO 90 % OF THE BASIC DUTY , OR LEVIED AT THE RATE OF 90 % OF THE BASIC DUTY . THE BASIC DUTIES REFERRED TO SHALL BE THOSE DUTIES ACTUALLY APPLIED BY GREECE ON 1 JULY 1980 .  THE CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES ON IMPORTS APPLIED BY GREECE TO IMPORTS FROM THE COUNTRIES MENTIONED IN THE FIRST SUBPARAGRAPH SHALL BE REDUCED TO 90 % OF THE BASIC RATE OR LEVIED AT THE RATE OF 90 % OF THE BASIC RATE . THE BASIC RATES REFERRED TO SHALL BE THOSE RATES ACTUALLY APPLIED BY GREECE ON 31 DECEMBER 1980 .  2 . ALL CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES ON IMPORTS INTRODUCED AS FROM 1 JANUARY 1979 IN TRADE BETWEEN GREECE AND THE COUNTRIES LISTED IN PARAGRAPH 1 SHALL BE ELIMINATED ON 1 JANUARY 1981 .  3 . IF , IN THE COURSE OF 1981 , GREECE SUSPENDS OR REDUCES DUTIES OR CHARGES HAVING EQUIVALENT EFFECT ON PRODUCTS IMPORTED FROM THE COMMUNITY OF NINE MORE QUICKLY THAN UNDER THE TIMETABLE LAID DOWN IN THE 1979 ACT OF ACCESSION , GREECE SHALL ALSO SUSPEND OR REDUCE , TO THE SAME LEVEL , THE DUTIES OR CHARGES HAVING EQUIVALENT EFFECT APPLICABLE TO PRODUCTS ORIGINATING IN THE COUNTRIES LISTED IN PARAGRAPH 1 .  ARTICLE 2  1 . THE IMPORT DEPOSITS AND CASH PAYMENTS IN FORCE IN GREECE ON 31 DECEMBER 1980 WITH REGARD TO IMPORTS OF PRODUCTS ORIGINATING IN THE COUNTRIES LISTED IN ARTICLE 1 ( 1 ) , SHALL BE REDUCED BY 25 % WITH EFFECT FROM 1 JANUARY 1981 .  2 . IF , IN RESPECT OF THE COMMUNITY OF NINE , GREECE REDUCES , IN THE COURSE OF 1981 , THE IMPORT DEPOSITS AND CASH PAYMENTS BY A RATE HIGHER THAN THAT SET OUT IN PARAGRAPH 1 , GREECE SHALL MAKE THE SAME REDUCTION WITH REGARD TO IMPORTS ORIGINATING IN THE COUNTRIES LISTED IN ARTICLE 1 ( 1 ) .  ARTICLE 3  THE AMENDMENTS TO THE RULES OF ORIGIN WHICH HAVE BECOME NECESSARY AS A RESULT OF THE ACCESSION OF GREECE TO THE EUROPEAN COMMUNITIES AND WHICH WERE INTRODUCED BY THE JOINT COMMITTEES PROVIDED FOR IN THE AGREEMENTS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE COUNTRIES LISTED IN ARTICLE 1 ( 1 ) AND COME INTO FORCE ON 1 JANUARY 1981 , SHALL BE APPLICABLE TO THE PRODUCTS TO WHICH THIS DECISION REFERS .  ARTICLE 4  THE MEMBER STATES SHALL DECIDE BY MUTUAL AGREEMENT ON ANY SAFEGUARD MEASURES SUGGESTED BY ONE OR MORE MEMBER STATES OR THE COMMISSION .  ARTICLE 5  THIS DECISION SHALL EXPIRE ON THE ENTRY INTO FORCE OF THE ADDITIONAL PROTOCOLS TO THE AGREEMENTS BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY OF THE ONE PART AND THE COUNTRIES LISTED IN ARTICLE 1 ( 1 ) OF THE OTHER PART , AND AT THE LATEST ON 31 DECEMBER 1981 .  ARTICLE 6  MEMBER STATES SHALL ADOPT ALL MEASURES NECESSARY FOR THE IMPLEMENTATION OF THIS DECISION .  DONE AT BRUSSELS , 22 DECEMBER 1980 .  THE PRESIDENT  J . SANTER


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31995D0317

95/317/EC: Council Decision of 18 July 1995 appointing an alternate member of the Committee of the Regions

Official Journal L 188 , 09/08/1995 P. 0009 - 0009

COUNCIL DECISION of 18 July 1995 appointing an alternate  member of the Committee of the Regions (95/317/EC)THE COUNCIL OF THE EUROPEAN  UNION, Having regard to the Treaty establishing the European Community, and in particular Article 198a  thereof, Having regard to the Council Decision 94/65/EC of 26 January 1994 appointing members and alternate  members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998  (1), Whereas an alternate member's seat has become vacant on the Committee following the resignation of  Mr Bazzanella, which was notified to the Council on 14 June 1995; Having regard to the proposal from the Italian Government, HAS DECIDED AS FOLLOWS: Sole Article Mr Carlo Andreotti is hereby appointed an alternate member of the  Committee of the Regions in place of Mr Bazzanella for the remainder of the latter's term of  office, which runs until 25 January 1998. Done at Brussels, 18 July 1995. For the Council The President J. SOLANA


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31968D0302

68/302/EEC: Commission Decision of 24 July 1968 supplementing the Commission Decision of 3 April 1968 authorizing certain management measures to be taken within the framework of the common organisation of agricultural markets

Official Journal L 180 , 26/07/1968 P. 0033 - 0034 Finnish special edition: Chapter 3 Volume 2 P. 0114  Danish special edition: Series I Chapter 1968(II) P. 0358  Swedish special edition: Chapter 3 Volume 2 P. 0114  English special edition: Series I Chapter 1968(II) P. 0362

COMMISSION DECISION of 24 July 1968 supplementing the Commission Decision of 3 April 1968 authorising certain management measures to be taken within the framework of the common organisation of agricultural markets (68/302/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a single Council and a single Commission of the European Communities;  Having regard to the Provisional Rules of Procedure of the Commission of 6 July 19671;  Whereas, by its Decision of 3 April 1968,2 as supplemented by Decision of 2 July 1968,3 the Commission instituted machinery for authorising certain management measures to be taken within the framework of the common organisation of agricultural markets;  Whereas the considerations which led the Commission to institute that machinery apply also to the fixing of levies on the products listed in Article 1 (1) (d) of Council Regulation No 1009/67/EEC4 of 18 December 1967 on the common organisation of the market in sugar and to the fixing of levies on milk and milk products and on beef and veal; whereas those same considerations also apply to the fixing of export refunds in the sugar and milk and milk products sectors referred to in Article 17 (1) of Council Regulation No 1009/67/EEC and Article 17 of Council Regulation (EEC) No 804/68545 of 27 June 1968 on the common organisation of the market in milk and milk products;  Whereas, under Articles 4 and 6 (2) of Council Regulation (EEC) No 766/686 of 18 June 1968 laying down general rules for granting export refunds on sugar, the export refund on sugar and molasses may be fixed by tender; whereas, owing to the requirements of international trade, the fixing of the maximum amount of the refund under Articles 4 (3) and 6 (2) of that Regulation must take place very soon after the expiry of the time limit for the submission of tenders; whereas, therefore, the authorisation procedure should be used for such fixing;  Whereas the above-mentioned Decision of 3 April 1968 should therefore be supplemented;  HAS DECIDED AS FOLLOWS:    Article 1 1. The following shall be substituted for subparagraph (d) of Article 1 (1) of the Commission Decision of 3 April 1968 authorising certain management measures to be taken within the framework of the common organisation of agricultural markets:  "(d) in the sugar sector:    - the levies and premiums provided for in Articles 14 and 15 of Council Regulation No 1009/67/EEC of 18 December 1967 on the common organisation of the market in sugar, applicable to the products referred to in Article 1 (1) (a), (c) and (d) of that Regulation;       - the refunds on exports to third countries provided for in Article 17 (1) of Regulation No 1009/67/EEC and the maximum amount of export refunds under Articles 4 (3) and 6 (2) of Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting export refunds on sugar."         2. The following shall be added to Article 1 (1) of the above-mentioned Decision:  "(e) in the milk and milk products sector:  1 OJ No 147, 11.7.1967, p. 1.  2 OJ No L 89, 10.4.1968, p. 13.  3 OJ No L 156, 4.7.1968, p. 22.  4 OJ No 308, 18.12.1967, p. 1.  5 OJ No L 148, 28.6.1968, p. 13.  6 OJ No L 143, 25.6.1968, p. 6.     - the levies provided for in Article 14 of Council Regulation (EEC) No 804/681 of 27 June 1968 on the common organisation of the market in milk and milk products;       - the refund on exports to third countries provided for in Article 17 of Regulation (EEC) No 804/68;         (f) in the beef and veal sector:  - the levies provided for in Articles 10, 12 and 13 of Council Regulation (EEC) No 805/6822 of 27 June 1968 on the common organisation of the market in beef and veal."  3. The following shall be substituted for subparagraph (c) of Article 1 (2) of the above-mentioned Decision:  "(c) by the Director-General, the Deputy Director-General or one of the Directors of Directorate B or C of the Directorate-General for Agriculture."   Article 2 This Decision shall enter into force on 25 July 1968. It shall be published in the Official Journal of the European Communities.     Done at Brussels, 24 July 1968.  For the Commission  The President  Jean REY  1 OJ No L 148, 28.6.1968, p. 13.  2 OJ No L 148, 28.6.1968, p. 24.


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31987D0104

87/104/EEC: Council Decision of 9 February 1987 accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes originating in the People' s Republic of China, and terminating the investigation

Official Journal L 046 , 14/02/1987 P. 0045 - 0048

*****COUNCIL  DECISION  of 9 February 1987  accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China, and terminating the investigation  (87/104/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  Having regard to the proposal from the Commission, presented after consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  (1) In April 1986 the Commission received a complaint lodged by the 'Fédération européenne de l'industrie de la brosserie et de la pinceauterie' on behalf of Community producers in all Member States of paint, distemper, varnish and similar brushes whose collective output constitutes practically all Community production of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of paint, distemper, varnish and similar brushes falling within Common Customs Tariff subheading ex 96.01 B III and corresponding to NIMEXE code 96.01-49, originating in the People's Republic of China and commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting country and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) The majority of the known producers and the exporter and a few importers made their views known in writing. Some have requested and have been granted hearings.  (4) No submissions were made on behalf of Community purchasers of the product in question.  (5) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following:  EEC producers  Bechtloff KG, Burk, Federal Republic of Germany,  Briton Chadwick, Attleborough, United Kingdom,  D. O'Sullivan & Co. Ltd, Cork, Ireland,  Fleetwood Products Ltd, Dublin, Ireland,  L. G. Harris & Co. Ltd, Stoke Prior, Bromsgrove, United Kingdom,  Kronen-Pinselfabrik GmbH & Co. KG, Lohne, Federal Republic of Germany,  Messerer GmbH, Wieseth, Federal Republic of Germany,  Mosley-Stone Ltd, Stockport, United Kingdom,  H. L. Sterkel GmbH, Ravensburg, Federal Republic of Germany,  Wistoba-Pinselfabrik, Bad Lauterberg, Federal Republic of Germany.  EEC importers  Bristle, Hair & Fibre Company Ltd, London, United Kingdom,  Charles Bentey & Son Ltd, Loughborough, United Kingdom,  Tobias Braude & Co. Ltd, London, United Kingdom,  Delbanco Meyer & Co. Ltd, London, United Kingdom.  Third country  Harris (Ceylon) Ltd, Meegoda, Sri Lanka  The Commission requested and received detailed written submissions from almost all the complainant Community producers, the exporter and a few importers concerned and verified the information therein to the extent considered necessary.  (6) The investigation of dumping covered the period from 1 April 1985 to 31 March 1986.  B. Normal value  (7) In order to establish whether the imports from the People's Republic of China were dumped, the Commission had to take account of the fact that this country does not have a marked economy and the Commission therefore had to base its determination on the normal value in a market economy country. In this connection, the complainants had suggested the Sri Lankan market.  The Chinese exporter and one importer challenged the choice of Sri Lanka as a third country market but made no proposal as to another analogue country.  More specifically, one importer maintained that there was virtually no production in Sri Lanka. This assertion proved to be factually incorrect.  (8) The Commission is satisfied that there are no extraordinary differences in production processes between Sri Lanka and the exporting country.  It was furthermore established that there was sufficient internal competition in Sri Lanka between two major and a number of smaller producers to ensure that price levels were in a reasonable proportion to production costs.  (9) The Commission therefore concluded that it would be appropriate and not unreasonable to determine normal value on the basis of domestic prices in Sri Lanka.  C. Export price  (10) Export prices were determined on the basis of the prices actually paid or payable for the products sold for export to the Community.  D. Comparison  (11) For the purpose of comparing normal value with export prices the Chinese exporter claimed an allowance for import charges and indirect taxes in Sri Lanka; this was granted. No other allowances were claimed.  All comparisons were made at ex-works level.  E. Margins  (12) The above preliminary examination of the facts shows the existence of dumping in respect of the Chinese exporter, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.  Varying margins of dumping were established depending on the type of brush concerned and the importing Member State. The weighted average dumping margin for all exports to the Community was found to be in excess of 100 %.  F. Injury  (13) It was found during the investigation that approximately 90 % of Chinese exports were concentrated in three Community markets, namely Germany, Ireland and the United Kingdom. The injury assessment therefore centred generally on these Member States.  (14) With regard to injury caused by the dumped imports the evidence available to the Commission shows that imports into the Community from the People's Republic of China were already substantial in 1980 and more than doubled between 1980 and 1981. Ever since, they have remained at a very high annual level of at least 25 million pieces (1) and substantially exceeded this amount in several years. The exact figures were, however, greatly influenced by large-scale shipments of brushes which would normally only have found their way onto the markets gradually but which nevertheless, since they were exported and imported in large consignments, have had an abrupt and immediate effect on the import figures, thus resulting in sharp fluctuations.  (15) As to market shares, since only a small number of importers have cooperated satisfactorily it proved impossible to establish with confidence exact market shares based on effective sales in the Community. The Commission, however, could satisfy itself on the basis of information supplied by the Chinese exporter that the market share held since 1982 by Chinese imports has been between 30 % and 40 % and that annual fluctuations generally remained within this bracket.  (16) The resale prices at which the imported Chinese product was resold in the Community undercut the prices of the Community industry by more than 50 % on average during the investigation period; the exact levels of undercutting varied according to product types. The Commission found that the resale prices of these imports were, in general, lower by far than those required to cover the costs of Community producers and provide a reasonable profit. There were even instances where Community producers received offers of Chinese brushes from importers in the Community at prices below their purchase price for the principal raw material involved, namely bristles, which was also supplied by the same exporter in the People's Republic of China.  (17) The consequent impact on the Community industry in the three Member States principally concerned has been a decrease in production between 1982 and the period of investigation which, according to the market concerned, varied between 28 % and 15 %. This led to a substantial reduction in capacity utilization for those producers which, given the situation, decided not to reduce their capacity or which, unlike a number of producers, did not diversify into other product lines.  The Commission further examined whether the dumped imports had a major effect on stock figures and employment. As to stock figures it was found that in view of the fact that the producers were generally small firms they were normally obliged to reduce production, either temporarily or permanently, rather than to increase stocks the financing of which would have proved impossible for them.  As to employment, the available figures were not found to lend themselves to any meaningful conclusion because most producers had introduced new machinery rationalizing the production process and almost all producers manufactured a variety of products for which their workforce would be equally available.  It was, however, found that a number of brush manufacturers had ceased production in recent years for which the availability of very cheap dumped Chinese brushes was a contributory factor.  When establishing the exact market share held by the Community producers the Commission encountered the same difficulties as described above in the context of the share held by Chinese exports. The Commission could, however, establish with confidence that, subject to annual fluctuations, their market share remained between 50 % and 60 %.  As regards the profit situation of the remaining Community producers the Commission established that, confronted by the very low prices of Chinese brushes which normally did not even cover the variable production costs of the Community producers, the latter normally followed one of a number of different options or a combination of these options to remain in business. They either diversified into manufacturing other related products and thus reduced their overhead costs for brushes; or they simply refused to sell their product below cost since as small companies they could not have sustained such action for any length of time; or they purchased limited quantities of Chinese brushes themselves from independent importers and sold them at a profit thus subsidizing their own production.  In the latter context, the Commission established on the basis of the available data that the amount of Chinese brushes sold by the Community producers in the period of investigation varied, according to the Member State, between 0 % and about 25 % of all sales of the Chinese product and that contrary to the action of some firms which ceased producing brushes in order to sell imported products only, the remaining producers only started selling Chinese brushes in order to prevent their established markets from being taken over by suppliers offering imported goods only; that the Community producers did not at any stage take the initiative to import Chinese products; that, consequently, the injury findings are not invalidated by the fact that the Community producers themselves sold limited quantities of Chinese goods. This conclusion was not contested by the exporter.  (18) Some importers claimed that they had created a new market for cheap throw-away brushes, especially in supermarkets and do-it-yourself stores and that the traditional Community producers were not interested in selling to this market. The Commission cannot accept this assertion. A new market is not created by simply selling an established product at less than half the price at which it is normally sold in the market. In any event, it is only because of the low dumping prices that a consumer is more readily prepared to consider discarding a brush after a limited use instead of supporting the additional expense and inconvenience of cleaning it. Furthermore, it is understandable that the Community industry is not interested in selling, and cannot sell for the sake of its own survival, at prices below its variable production costs.  (19) The Commission has considered whether injury has been caused by other factors such as imports from other sources or a substantial change in the pattern of consumption. Imports from other third countries have been estimated at a level never in excess of 10 % in the market concerned and consumption does not appear to have undergone any substantial changes since 1982. However, the continuing high level of dumped imports and especially the very low prices at which they are offered for sale in the Community led the Commission to determine that the effects of the dumped imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China, taken in isolation, have to be considered as constituting material injury to the Community industry concerned.  G. Community interest  (20) No observations were received from any consumers of the product in question. In view of the serious difficulties of the Community industry as set out above, the Commission has come to the conclusion that it is in the Community's interest that action be taken.  H. Undertaking  (21) Following the completion of the preliminary investigation the exporter concerned offered an undertaking concerning its exports of paint, distemper, varnish and similar brushes.  The effect of the said undertakings will be that exports cease to such an extent that the injury suffered by the Community industry is eliminated. It appears that correct operation of the undertaking can be effectively monitored.  In these circumstances, the undertaking offered is considered acceptable and the investigation may, therefore, be terminated without imposition of anti-dumping duties.  (22) Objections to this course were raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking offered by the China National Native Produce & Animal By-Products Import & Export Corporation in connection with the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes falling within Common Customs Tariff subheading ex 96.01 B III, corresponding to NIMEXE code 96.01-49, originating in the People's Republic of China, is hereby accepted.  Article 2  The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated.  Done at Brussels, 9 February 1987.  For the Council  The President  M. EYSKENS  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 103, 30. 4. 1986, p. 2.  (1) Exact figures were supplied by the exporter but are confidential; the Community import statistics cannot be used as such since they cover a variety of products and the quantities may refer in part to prepacked lots of brushes.


title: 2005/165/EC: Council Decision of 17 February 2005 appointing two Belgian members and a Belgian alternate member of the Committee of the Regions

text:
               1.3.2005

               EN

               Official Journal of the European Union

               L 55/55

      COUNCIL DECISION

   of 17 February 2005
   appointing two Belgian members and a Belgian alternate member of the Committee of the Regions
   (2005/165/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 Belgian Government,
   Whereas:

               (1)

               Council Decision 2002/60/EC of 22 January 2002 appoints the members and alternate members of the Committee of the Regions (1).

               (2)

               On that Committee, two members’ seats have fallen vacant following the departure from office of Mr Jacques SIMONET and Mr Jos CHABERT and an alternate member’s seat has fallen vacant following the departure from office of Mr Eric TOMAS, of which the Council was informed on 1 February 2005,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed to the Committee of the Regions:

               (a)

               as members:

                           Mr Charles PICQUÉ,
                           Ministre-Président du Gouvernement de la Région de Bruxelles-Capitale, chargé des Pouvoirs locaux, de l’Aménagement du territoire, des Monuments et Sites, de la Rénovation urbaine, du Logement, de la Propreté publique, du Commerce extérieur et de la Coopération au développement
                           in place of Mr Jacques SIMONET,

                           Mr Jos CHABERT,
                           Vice-Voorzitter van het Brussels Hoofdstedelijk Parlement,
                           on the basis of his new office,

               (b)

               as an alternate member:

                           Mr Benoît CEREXHE,
                           Ministre du Gouvernement de la Région de Bruxelles-Capitale, chargé de l’Économie, de l’Emploi, de la Recherche scientifique, de la Lutte contre l’Incendie et l’Aide médicale urgente et de la Politique agricole,
                           in place of Mr Eric TOMAS,

         for the remainder of the current term of office, ending on 25 January 2006.

      Done at Brussels, 17 February 2005.

            For the Council

            The President

         J.-C. JUNCKER

      (1)  OJ L 24, 26.1.2002, p. 38.


title: 2005/905/EC: Council Decision of  17 October 2005  on the signing by the European Community of the Energy Community Treaty

text:
               16.12.2005

               EN

               Official Journal of the European Union

               L 329/30

      COUNCIL DECISION

   of 17 October 2005
   on the signing by the European Community of the Energy Community Treaty
   (2005/905/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55, 83, 89, 95, 133, and 175 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               In accordance with the Council Decision of 17 May 2004, the Commission has negotiated the Treaty establishing the Energy Community, hereinafter referred to as ‘the Energy Community Treaty’, with the Republic of Albania, the Republic of Bulgaria, Bosnia and Herzegovina, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Montenegro, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo (pursuant to the United Nations Security Council Resolution 1244).

               (2)

               Subject to its possible conclusion at a later stage, the Energy Community Treaty initialled on 31 May 2005 should be signed on behalf of the Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Energy Community Treaty is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Energy Community Treaty on behalf of the Community, subject to its conclusion.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 17 October 2005.

            For the Council

            The President

         M. BECKETT


title: 2006/681/EC: Commission Decision of 10 October 2006 adjusting the weightings applicable from 1 August , 1 September , 1 October , 1 November and 1 December 2005 and from 1 January 2006 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries

text:
               11.10.2006

               EN

               Official Journal of the European Union

               L 279/27

      COMMISSION DECISION

   of 10 October 2006
   adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2005 and from 1 January 2006 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries
   (2006/681/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom) No 2104/2005 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
   Whereas:

               (1)

               Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2005 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries payable in the currency of their country of employment were laid down by Council Regulation (EC, Euratom) No 351/2006 (3).

               (2)

               Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 August, 1 September, 1 October, 1 November and 1 December 2005 and from 1 January 2006, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   With effect from 1 August, 1 September, 1 October, 1 November and 1 December 2005 and from 1 January 2006 the weightings applied to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries, payable in the currency of the country of employment, shall be adjusted as shown in the Annex hereto.
   The exchange rates used for the calculation of this remuneration shall be established in accordance with the rules for the implementation of the Financial Regulation and correspond to the dates referred to in the first paragraph.

      Done at Brussels, 10 October 2006.

            For the Commission

         Benita FERRERO-WALDNER

            Member of the Commission

      (1)  OJ L 56, 4.3.1968, p. 1.

      (2)  OJ L 337, 22.12.2005, p. 7.

      (3)  OJ L 59, 1.3.2006, p. 1.

      ANNEX

                  Place of employment

                  Weightings August 2005

                  Guyana

                  60,6

                  Niger

                  97,1

                  Romania

                  60,9

                  Yemen

                  72,5

                  Zimbabwe

                  56,4

                  Place of employment

                  Weightings September 2005

                  Guinea

                  61,6

                  Sierra Leone

                  78,2

                  Zimbabwe

                  43,5

                  Place of employment

                  Weightings October 2005

                  Barbados

                  134,5

                  Lesotho

                  74,0

                  Nigeria

                  93,2

                  Zimbabwe

                  55,2

                  Place of employment

                  Weightings November 2005

                  Benin

                  97,5

                  Cambodia

                  70,6

                  Dominican Republic

                  78,1

                  Gambia

                  56,6

                  Guinea

                  63,7

                  Indonesia

                  82,8

                  Nicaragua

                  70,0

                  Senegal

                  82,2

                  Serbia and Montenegro

                  65,0

                  Turkey

                  97,9

                  Ukraine

                  107,8

                  Vietnam

                  56,7

                  Zimbabwe

                  28,9

                  Place of employment

                  Weightings December 2005

                  Costa Rica

                  75,7

                  Haiti

                  102,0

                  Jamaica

                  96,1

                  Mozambique

                  69,4

                  Syria

                  70,4

                  Zimbabwe

                  32,5

                  Place of employment

                  Weightings January 2006

                  Argentina

                  64,4

                  Ethiopia

                  86,0

                  Jordan

                  82,1

                  Romania

                  61,1

                  Sudan

                  50,1

                  Syria

                  72,2

                  Venezuela

                  70,6

                  Zambia

                  82,6

                  Zimbabwe

                  34,0


Avis juridique important

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32001D0173

2001/173/EC: Council Decision of 26 February 2001 appointing a Dutch member and a Dutch alternate member of the Committee of the Regions

Official Journal L 063 , 03/03/2001 P. 0056 - 0056

Council Decisionof 26 February 2001appointing a Dutch member and a Dutch alternate member of the Committee of the Regions(2001/173/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(1) appointing the members and alternate members of the Committee of the Regions,Whereas one seat as member and one seat as alternate member of the Committee of the Regions have become vacant following the resignations of Mr A.G.J.M. ROMBOUTS, member, and Ms Mathilde VAN DEN BRINK, alternate member, notified to the Council on 21 September 2000 and 6 February 2001 respectively;Having regard to the proposal from the Netherlands Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr W. ZWAAN is hereby appointed full member of the Committee of the Regions in place of Mr A.G.J.M. ROMBOUTS and Mr VERKERK is hereby appointed alternate member in place of Ms Mathilde VAN DEN BRINK respectively for the remainder of their current term of office, which runs until 25 January 2002.Done at Brussels, 26 February 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 28, 4.2.1998, p. 19.


Avis juridique important

|

41982D0042

82/42/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council of 15 January 1982 opening tariff preferences in Greece for products covered by that Community and originating in Austria, Finland, Norway, Sweden and Switzerland

Official Journal L 020 , 28/01/1982 P. 0033 - 0034

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL  of 15 January 1982  opening tariff preferences in Greece for products covered by that Community and originating in Austria, Finland, Norway, Sweden and Switzerland  (82/42/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  Whereas the Member States have concluded among themselves the Treaty establishing the European Coal and Steel Community;  Whereas the Hellenic Republic acceded to that Community on 1 January 1981;  Whereas the Additional Protocols to the Agreements concluded between the European Economic Community and the Republic of Austria, the Republic of Finland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation entered into force on 1 January 1981;  Whereas the Additional Protocols to the Agreements concluded between the Member States of the European Coal and Steel Community and the European Coal and Steel Community of the one part and the Republic of Austria, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden of the other part, as well as the Additional Protocol to the Agreement concluded between the Member States of the European Coal and Steel Community and the Swiss Confederation are subject to approval of each Contracting Party in accordance with its own procedure;  Whereas the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, decided by Decision 80/1363/ECSC (1) to autonomously apply the obligations for 1981 deriving from these Additional Protocols; whereas the ratification procedures for these Additional Protocols have not yet been completed by all Member States;  Anxious to prolong the autonomous and concomitant application of the tariff reductions on imports and the reductions of other import charges laid down in these Additional Protocols;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  1. From 1 January until 31 December 1982, the duties applicable in Greece on imports of products covered by the European Coal and Steel Community and originating in Austria, Finland Norway, Sweden and Switzerland shall be reduced to 80 % of the basic duty, or levied at the rate of 80 % of the basic duty. The basic duties referred to shall be those duties actually applied by Greece on 1 July 1980.  The charges having equivalent effect to customs duties on imports applied by Greece to imports from the countries mentioned in the preceding paragraph shall  be reduced to 80 % of the basic rate or levied at the rate of 80 % of the basic rate. The basic rates referred to shall be those rates actually applied by Greece on 31 December 1980.  2. If, in the course of 1982, Greece suspends or reduces duties or charges having equivalent effect on products imported from the rest of the Community more quickly than under the timetable fixed by the 1979 Act of Accession, Greece shall also suspend or reduce, to the same level, the duties or charges having equivalent effect on products originating in the countries enumerated in paragraph 1.  Article 2  1. The import deposits and cash payments in force in Greece on 31 December 1980 with regard to imports of products originating in the countries enumerated in Article 1 (1) shall be reduced by 50 % as from 1 January 1982.  2. If, in respect of the rest of the Community, Greece reduces, in the course of 1982, the import deposits and cash payments by a higher rate than that set out in paragraph 1, Greece shall make the same reduction with regard to imports originating in the countries enumerated in Article 1 (1).  Article 3  The modifications to the origin rules made necessary by the accession of Greece to the European Communities and introduced by the Joint Committees provided for in the Agreements between the European Economic Community and the countries enumerated in Article 1 (1), which come into force on 1 January 1981, shall be applicable to the products to which this Decision refers.  Article 4  The Member States shall decide by mutual agreement on any contingent protective measures suggested by one or more Member States or the Commission.  Article 5  This Decision shall expire on the entry into force of the Additional Protocols to the Agreements between the Member States of the European Coal and Steel Community of the one part and the countries enumerated in Article 1 (1) of the other part, and at the latest on 31 December 1982.  Article 6  Member States shall adopt all the measures necessary for the implementation of this Decision.  Done at Brussels, 15 January 1982.  For the Council  The President  L. TINDEMANS  (1) OJ No L 385, 31. 12. 1980, p. 19.


title: 2009/772/EC,Euratom: Council Decision of 14 October 2009 appointing the Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union for the period from 18 October 2009 until 31 October 2009

text:
               22.10.2009

               EN

               Official Journal of the European Union

               L 277/19

      COUNCIL DECISION

   of 14 October 2009
   appointing the Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union for the period from 18 October 2009 until 31 October 2009
   (2009/772/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,
   Whereas:

               (1)

               The term of office of the current Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union will end on 17 October 2009 (1).

               (2)

               The Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union should be appointed until 31 October 2009,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Javier SOLANA MADARIAGA is hereby appointed Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union for the period from 18 October 2009 until 31 October 2009.
   Article 2
   This Decision shall be notified to Mr Javier SOLANA MADARIAGA by the President of the Council.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 14 October 2009.

            For the Council

            The President

         E. ERLANDSSON

      (1)  OJ L 236, 7.7.2004, p. 16.


title: Council Decision 2010/747/CFSP of 2 December 2010 amending Joint Action 2005/797/CFSP and Council Decision 2009/955/CFSP on the European Union Police Mission for the Palestinian Territories

text:
               4.12.2010

               EN

               Official Journal of the European Union

               L 318/44

         COUNCIL DECISION 2010/747/CFSP
   of 2 December 2010
   amending Joint Action 2005/797/CFSP and Council Decision 2009/955/CFSP on the European Union Police Mission for the Palestinian Territories
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,
   Whereas:

               (1)

               On 14 November 2005, the Council adopted Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories (1) (EUPOL COPPS) for a period of 3 years. The operational phase of EUPOL COPPS began on 1 January 2006. Joint Action 2005/797/CFSP was extended by Joint Action 2008/958/CFSP (2) until 31 December 2010.

               (2)

               Council Decision 2009/955/CFSP (3) provided for a financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 January to 31 December 2010. This financial reference amount should be increased to cover the Mission’s operational needs.

               (3)

               Joint Action 2005/797/CFSP and Decision 2009/955/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 14 of Joint Action 2005/797/CFSP is hereby replaced by the following:

      ‘Article 14
      Financial arrangements
      1.   The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 January to 31 December 2010 shall be EUR 6 870 000.
      2.   The expenditure financed by the amount referred to in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union. Nationals of third States participating financially in the mission, of host parties and, if required for the operational needs of the mission, of neighbouring countries shall be allowed to tender for contracts.
      3.   The Head of Mission/Police Commissioner shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract.
      4.   The financial arrangements shall respect the operational requirements of EUPOL COPPS, including compatibility of equipment and interoperability of its teams.
      5.   Expenditure shall be eligible as of the date of entry into force of this Joint Action.’.

   Article 2
   Article 2 of Decision 2009/955/CFSP is hereby deleted.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 2 December 2010.

            For the Council

            The President

         M. WATHELET

      (1)  OJ L 300, 17.11.2005, p. 65.

      (2)  OJ L 338, 17.12.2008, p. 75.

      (3)  OJ L 330, 16.12.2009, p. 76.