title: Council Decision of 2 December 1974 appointing the Auditor of the European Coal and Steel Community

text:
No L 330/ 10                    Official Journal of the European Communities                         10 . 12 . 74
                                            COUNCIL DECISION
                                               of 2 December 1974
                 appointing the Auditor of the European Coal and Steel Community
                                                   (74/606/ECSC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Coal and Steel Community, and in
           particular Article 78 (e) thereof ;
           Whereas the term of office of the current ECSC Auditor expires on 7 December 1974 ;
           Whereas a draft Treaty amending certain provisions of the Treaties establishing the Euro
           pean Communities and of the Treaty establishing a Single Council and a Single Commis
           sion of the European Communities provides for the establishment of a Court of Auditors ;
           whereas, under this draft Treaty, the term of office of the ECSC Auditor ends on the date
           on which he submits his report on the financial year preceding that in which the
           members of the Court of Auditors were appointed ;
           Whereas account should be taken of the effect of the entry into force of this Treaty on
           the term of office of the ECSC Auditor,
            HAS DECIDED AS FOLLOWS :
                                                      Article 1
           Mr Paul Gaudy is hereby appointed Auditor of the European Coal and Steel Community.
                                                      Article 2
           The term of office of the ECSC Auditor resulting from this Decision, shall expire on 7
            December 1977, save as otherwise provided following the entry into force of the Treaty
           amending certain provisions of the Treaties establishing the European Communities and
           of the Treaty establishing a Single Council and a Single Commission of the European
            Communities .
                                                      Article 3
           This Decision shall take effect on 8 December 1974 .
            Done at Brussels, 2 December 1974.
                                                                         For the Council
                                                                          The President
                                                                      J. SAUVAGNARGUES


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31993D1021(01)

Council Decision of 11 October 1993 appointing a full member of the Advisory Committee on Education and Training in the field of Architecture

Official Journal C 284 , 21/10/1993 P. 0001 - 0001

COUNCIL DECISION of 11 October 1993 appointing a full member of the Advisory Committee on Education and Training in the field of Architecture(93/C 284/01)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to Council Decision 85/385/EEC of 10 June 1985, setting up an Advisory Committee on Education and Training in the field of Architecture (1), and in particular Articles 3 and 4 thereof,Whereas, by its decision of 15 February 1993 (2), the Council appointed Mr Jaime REYNOLDS a full member of the said Committee for the period ending 19 June 1994;Whereas the United Kingdom Government has nominated Mr Robert LOWENSTEIN to replace Mr Jaime REYNOLDS,HAS DECIDED AS FOLLOWS:Sole articleMr Robert LOWENSTEIN is hereby appointed a full member of the Advisory Committee on Education and Training in the field of architecture in place of Mr Jaime REYNOLDS for the remainder of the latter's term of office, which ends on 19 June 1994.Done at Luxembourg, 11 October 1993.For the CouncilThe PresidentJ.-M. DEHOUSSE  (1) OJ No L 223, 21. 8. 1985, p. 26.(2) OJ No C 52, 23. 2. 1993, p. 1.


title: Council Decision of 18 July 1978 replacing a deputy member of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

text:
27 . 7 . 78                        Official Journal of the European Communities                      No L 203/35
                                                 COUNCIL DECISION
                                                    of 18 July 1978
            replacing a deputy member of the Administrative Board of the European Foun
                      dation for the Improvement of Living and Working Conditions
                                                      (78 / 635/ EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community,
             Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation
            of a European Foundation for the Improvement of Living and Working Conditions ( 1 ),
            and in particular Article 6 thereof,
             Having regard to the Council Decision of 15 March 1976 appointing, for the period
            ending on 14 March 1979, the members of the Administrative Board of the European
             Foundation for the Improvement of Living and Working Conditions,
            Whereas the Council was informed on 5 July 1978 that a seat as member of the Adminis
             trative Board of the abovementioned Foundation in the 'Government representatives' cate
            gory had become vacant as a result of the resignation of Mr Remy ;
             Having regard to the nomination submitted by the French Government on 5 July 1978 ,
             HAS DECIDED AS FOLLOWS :
                                                       Sole Article
            Mme Martine Aubry is hereby appointed deputy member of the Administrative Board of
            the European Foundation for Improvement of Living and Working Conditions in place
            of Mr Remy for the remainder of the latter's term of office, which runs until 14 March
             1979 .
             Done at Brussels, 18 July 1978 .
                                                                      For the Council
                                                                        The President
                                                                       M. LAHNSTEIN
            (») OJ No L 139 , 30 . 5 . 1975, p. 1 .


DECISION NO. 36 OF 28 APRIL 1961 OF THE ADMINISTRATIVE COMMISSION FOR SOCIAL SECURITY FOR MIGRANT WORKERS ON THE INTERPRETATION OF ARTICLE 28, PARAGRAPH 3 OF REGULATION NO. 3 CONCERNING THE SUPPLEMENT TO INVALIDITY, OLD-AGE AND SURVIVORS' PENSIONS


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31979D0989

79/989/EEC: Council Decision of 20 November 1979 replacing an alternate member of the Committee of the European Social Fund

Official Journal L 297 , 24/11/1979 P. 0026 - 0026

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .    COUNCIL DECISION   OF 20 NOVEMBER 1979   REPLACING AN ALTERNATE MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND  ( 79/989/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 ( 1 ) CONCERNING THE EUROPEAN SOCIAL FUND ,   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 APRIL 1978 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING ON 16 APRIL 1980 ,   WHEREAS ONE SEAT AS ALTERNATE MEMBER OF THE AFORESAID COMMITTEE IN THE GOVERNMENT REPRESENTATIVES CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR KEARNEY , NOTIFIED TO THE COUNCIL ON 6 NOVEMBER 1979 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 6 NOVEMBER 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR JAMES SWEENEY IS HEREBY APPOINTED ALTERNATE MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND IN PLACE OF MR KEARNEY FOR THE REMAINDER OF HIS TERM OF OFFICE , WHICH RUNS UNTIL 16 APRIL 1980 .   DONE AT BRUSSELS , 20 NOVEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   M . O ' KENNEDY


title: Council Decision of 5 April 1977 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1963) (2nd EDF) for the 1972 financial year

text:
28. 4. 77                                      Official Journal of the European Communities                              No L 105/39
                                                           COUNCIL DECISION
                                                               of 5 April 1977
                 giving a discharge to the Commission in respect of the implementation of the operations of the
                           European Development Fund ( 1963 ) (2nd EDF) for the 1972 financial year
                                                                (77/3 15 /EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  Recalling that, in accordance with the provisions applica
                                                                           ble to the implementation of the European Development
                                                                           Fund ( 1963 ) (2nd EDF), only the Council, acting by a
Having regard to the Treaty establishing the European                      qualified majority, shall give a discharge to the Commis
Economic Community,                                                        sion in respect of the financial administration of the Fund ;
Having regard to the Convention of Association between
the European Economic Community and the African                            Whereas revenue for the 1972 financial year consisted
States and Madagascar associated with the Communi                         mainly of the contributions of the Member States,
ty (*), signed at Yaounde on 20 July 1963 ,                                amounting to 697 895 134-28 units of account, and of
                                                                           miscellaneous revenue of the Fund; whereas, moreover,
Having regard to Council Decision 64/349/EEC of 25                         an advance of 35 216 819-37 units of account was
February 1964 relating to the association of the overseas                  granted from the resources of the Development Fund for
countries and territories with the European Economic                       the overseas countries and territories ( 1st Fund);
Community (2),
                                                                           Whereas the overall implementation by the Commission,
Having regard to the Internal Agreement on the financing                   of the operations of the European Development Fund
 and administration of Community aid (3), signed at                        ( 1963 ) (2nd EDF) during the 1972 financial year was such
 Yaounde on 20 July 1963 , and in particular Article 17                    as to warrant its being given a discharge in respect of the
 thereof,                                                                  implementation of those operations,
Having regard to Financial Regulation 64/356/EEC of
the European Development Fund set up under the Internal                    HAS DECIDED AS FOLLOWS :
Agreement on the financing and administration of Com
munity aid (4), and in particular Articles 7 and 8 thereof,
                                                                                Article 1
 Having regard to the revenue and expenditure accounts,                    The position of the Council on comments 80 and 8 1 in the
 the statement and the summary of operations of the Euro                   report of the Audit Board for the 1972 financial year is as
 pean Development Fund ( 1963 ) (2nd EDF) as at 31 De                     set out in the Annex .
 cember 1972,
 Having regard to the report of the Audit Board on the ac
 counts for the financial year 1972, to which report are an
 nexed the Commission's replies to the comments made by                                            Article 2
 the Audit Board,
                                                                           The Council closes the revenue and expenditure accounts
                                                                           of the European Development Fund ( 1963 ) (2nd EDF) as
 Having regard to the opinion of the European Parliament                   at 31 December 1972 as follows :
 of 14 December 1976 ,
                                                                           Revenue
                                                                           at the sum of 701 448 955-20 units of account;
 (*) OJ No  93 ,  11 . 6. 1964,  p. 1431 /64.
 (*) OJ No  93 ,  11 . 6. 1964 , p. 1472/64 .                              Expenditure (payments)
 H   OJ No  93 ,  11 . 6. 1964,  p. 1493 /64 .
 (4) OJ No  93 ,  11 . 6. 1964,  p. 1498 /64.                               at the sum of 582 204 786-41 units of account.
 ---pagebreak---  No L 105/40                             Official Journal of the European Communities                                        28. 4. 77
                          Article 3                                     Done at Luxembourg, 5 April 1977.
                                                                                For the Council
The Council hereby gives a discharge to the Commission
in respect of the implementation of the operations of the                                                           The President
European Development Fund ( 1963 ) (2nd EDF) for the
1972 financial year.                                                                                D. OWEN
                                                              ANNEX
               Position of the Council on comments 80 and 81 of the Audit Board on price support operations
               THE COUNCIL calls upon the Commission to submit with all speed a comprehensive report on the man
               agement and operation of the fund for the support of oil products set up in 1 971 and on any conclusions to
               he drawn for similar operations.
               THE COUNCIL requests the Commission to take the necessary steps to pay the advance granted to the
               equalization fund of the OCAM Sugar Agreement.


DECISION NO. 48 OF 28 NOVEMBER 1963 CONCERNING THE USE OF FORM MODELS E10, E11 AND E13 IN APPLICATION OF REGULATION NO. 36/63/EEC COVERING THE SOCIAL SECURITY OF FRONTIER WORKERS


title: Decision of the European Parliament of 14 December 1976 on the giving of a discharge to the Commission in respect of the implementation of the European Communities' budget for the financial year 1972 and on the report of the Audit Board

text:
No L 54/32                        Official Journal of the European Communities                                  26 . 2 . 77
                                                         II
                                     (Acts whose publication is not obligatory)
                                EUROPEAN PARLIAMENT
                             DECISION OF THE EUROPEAN PARLIAMENT
                                                of 14 December 1976
               on the giving of a discharge to the Commission in respect of the implementa
               tion of the European Communities' budget for the financial year 1972 and on
                                           the report of the Audit Board
THE EUROPEAN PARLIAMENT,                                     2.      Notes that the receipts were broken down as
                                                             follows :
— having regard to the revenue and expenditure
    accounts and statements of the assets and liabili       (a) own resources :                     1 756 824 460-60 u.a.
    ties of the Communities for the accountancy proce       (b) financial contributions :           1 236 613 157-39 u.a.
    dures in respect of the 1972 budget and the              (c) miscellaneous revenue :                80 935 068-99 u.a.
    accounts of the Euratom Supply Agency (Doc .
    74/74),                                                                                Total :  3 074 372 686-98 u.a .
— having regard to the report of the Audit Board on
    the accounts for the financial year 1972 and the                                 1972 discharge
    answers of the institutions to the report (Doc .
    74/74),                                                  3 . Decides to give the Commission of the Euro
                                                             pean Communities a final discharge in respect of the
— having regard to the Council Decision of 1 June            implementation of the 1972 budget ('), supplementary
    1976 on the giving of a discharge to the Commis         and amending budget No 1 for 1972 (2) and supple
    sion (Doc. 169/76),                                      mentary budget No 2 for 1 972 (3) ;
— having regard to the report of the Committee on            4.      Refers to the resolution on the comments accom
    Budgets ( Doc. 460/76),
                                                             panying the Decisions giving discharge and asks the
1.     Notes with the Council that the expenditure of        Commission to report on the measures taken
the Communities in the financial year 1972 was               following these comments in accordance with Article
3 074 372 686-98 units of account (u.a .) ;                  92 of the Financial Regulation .
                                                             (') OJ No L 202, 4 . 9 . 1972 .
                                                             ( 2 ) OJ No L 240 , 23 . 10 . 1972.
                                                             (') OJ No L 287, 26 . 12. 1972, p.    32 .


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31980D0598

80/598/EEC: Council Decision of 30 May 1980 replacing a deputy member of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

Official Journal L 155 , 23/06/1980 P. 0026

++++COUNCIL DECISION  OF 30 MAY 1980  REPLACING A DEPUTY MEMBER OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS   ( 80/598/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1365/75 OF 26 MAY 1975 ON THE CREATION OF A EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS ( 1 ) , AND IN PARTICULAR ARTICLE 6 THEREOF ,  HAVING REGARD TO THE COUNCIL DECISION OF 14 MARCH 1980 APPOINTING , FOR THE PERIOD ENDING ON 16 MARCH 1983 , THE MEMBERS OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS ( 2 ) ,  WHEREAS THE COUNCIL WAS INFORMED ON 14 MAY 1980 THAT A SEAT AS MEMBER OF THE ADMINISTRATIVE BOARD OF THE ABOVEMENTIONED FOUNDATION IN THE GOVERNMENT REPRESENTATIVES CATEGORY HAD BECOME VACANT AS A RESULT OF THE RESIGNATION OF MRS VIBEKE LOMHOLT ;  HAVING REGARD TO THE NOMINATION SUBMITTED ON 4 MAY 1980 ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  MR NIELS OLE ANDERSEN IS HEREBY APPOINTED DEPUTY MEMBER OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS IN PLACE OF MRS VIBEKE LOMHOLT FOR THE REMAINDER OF THE LATTER'S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1983 .  DONE AT BRUSSELS , 30 MAY 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . ZAMBERLETTI  ( 1 ) OJ NO L 139 , 30 . 5 . 1975 , P . 1 .  ( 2 ) OJ NO L 78 , 25 . 3 . 1980 , P . 17 .


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31980D0634

80/634/EEC: Council Decision of 27 June 1980 appointing an alternate member of the Advisory Committee on Medical Training

Official Journal L 176 , 10/07/1980 P. 0034

****( 1 ) OJ NO L 167 , 30 . 6 . 1975 , P . 17 .  ( 2 ) OJ NO L 260 , 16 . 10 . 1979 , P . 12 .    COUNCIL DECISION   OF 27 JUNE 1980   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON MEDICAL TRAINING  ( 80/634/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO COUNCIL DECISION 75/364/EEC OF 16 JUNE 1975 SETTING UP AN ADVISORY COMMITTEE ON MEDICAL TRAINING  ( 1 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,   WHEREAS BY ITS DECISION 79/846/EEC ( 2 ) THE COUNCIL APPOINTED SIR STANLEY CLAYTON ALTERNATE MEMBER FOR THE PERIOD ENDING 5 APRIL 1982 ;   WHEREAS ON 6 JUNE 1980 THE GOVERNMENT OF THE UNITED KINGDOM NOMINATED MR P . G . BEVAN TO REPLACE SIR STANLEY CLAYTON ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR P . G . BEVAN IS HEREBY APPOINTED ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON MEDICAL TRAINING IN PLACE OF SIR STANLEY CLAYTON FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 5 APRIL 1982 .   DONE AT BRUSSELS , 27 JUNE 1980 .   FOR THE COUNCIL   THE PRESIDENT   A . SARTI


63/482/EEC: Decision of 30 July 1963 of the Representatives of the Governments of the Member States, meeting within the Council, on speeding up the pace at which the customs union is achieved in respect of dried grapes


title: Council Decision of 5 April 1977 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (3rd EDF) for the 1972 financial year

text:
28. 4. 77                                 Official Journal of the European Communities                             No L 105/41
                                                       COUNCIL DECISION
                                                          of 5 April 1977
               giving a discharge to the Commission in respect of the implementation of the operations of the
                         European Development Fund ( 1969) (3rd EDF) for the 1972 financial year
                                                           (77/316/EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Recalling that, in accordance with the provisions applic
                                                                     able to the implementation of the European Development
                                                                     Fund ( 1969) (3rd EDF), only the Council, acting by a
 Having regard to the Treaty establishing the European               qualified majority, shall give a discharge to the Commis
 Economic Community,                                                 sion in respect of the financial administration of the Fund ;
 Having regard to the Convention of Association between              Whereas expenditure relating to the 1972 financial year
 the European Economic Community and the African                     was largely covered by an advance of 67 798 757-26 units
 States and Madagascar associated with the Communi                  of account from the resources of the European Develop
 ty (*), signed at Yaounde on 29 July 1969,                          ment Fund ( 1963 ) (2nd EDF) and by miscellaneous re
                                                                     venue of the Fund;
 Having regard to Council Decision 70/549 /EEC of 29
 September 1970 on the association of the overseas coun             Whereas the overall implementation by the Commission
 tries and territories with the European Economic Com               of the operations of the European Development Fund
 munity (*) ,                                                        ( 1969 ) (3rd EDF) during the 1972 financial year was such
 Having regard to the Internal Agreement on the financing            as to warrant its being given a discharge in respect of the
 and administration of Community aid (*), signed at Ya              implementation of those operations,
 ounde on 29 July 1969, and in particular Article 22 there
 of,
                                                                     HAS DECIDED AS FOLLOWS :
 Having regard to Financial Regulation 71 /68 /EEC of the
 European Development Fund ( 1969) set up under the In                                         Article 1
 ternal Agreement on the financing and administration of
 Community aid (*), and in particular Articles 7 and 8
 thereof,                                                            The Council closes the revenue and expenditure accounts
                                                                     of the European Development Fund ( 1969) (3rd EDF) as
                                                                     at 31 December 1972 as follows :
 Having regard to the revenue and expenditure accounts,
 the statement and the summary of operations of the Euro
                                                                     Expenditure (payments)
 pean Development Fund ( 1969) (3rd EDF) as at 31 De
 cember 1972,                                                        at the sum of 65 642 527-84 units of account.
  Having regard to the report of the Audit Board on the ac
  counts for the 1 972 financial year, to which report are an                                 Article 1
 nexed the Commission's replies to the comments made by
  the Audit Board ,                                                  The Council hereby gives a discharge to the Commission
                                                                     in respect of the implementation of the operations of the
  Having regard to the opinion of the European Parliament            European Development Fund ( 1969) (3rd EDF) for the
  of 14 December 1976 ,                                              1 972 financial year.
                                                                     Done at Luxembourg, 5 April 1977 .
(') OJ No L 282, 28 . 12. 1970, rr. 2 .                                                                     For the Council
 (*) OJ No L 282 , 28 . 12. 1970, p. 83 .                                                                     The President
(s) OJ No L 282, 28 . 12 . 1970, p. 47 .
(4) OJ No 1. 31 , 8 . 2. 1971 , p. 1 .                                                                          D. OWEN


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31991D0307

91/307/EEC: Council Decision of 3 June 1991 concerning the conclusion of the Agreement between the European Economic Community and the Union of Soviet Socialist Republics on trade in textile products

Official Journal L 164 , 26/06/1991 P. 0001 - 0057

COUNCIL DECISION of 3 June 1991 concerning the conclusion of the Agreement between the European Economic Community and the Union of Soviet Socialist Republics on trade in textile products (91/307/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Agreement negotiated between the European Economic Community and the Union of Soviet Socialist Republics on trade in textile products, initialled in Brussels on 11 December 1989 and applied as from 1 January 1990 on a provisional basis by  Decision 89/674/EEC (1) should be approved,  HAS DECIDED AS FOLLOWS:  Article 1 The Agreement between the European Economic Community and the Union of Soviet Socialist Republics on trade in textile products is hereby approved on behalf of the Community.  The text of the agreement is attached to the Decision.  Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the above Agreement in order to bind the Community. Done at Luxembourg, 3 June 1991. For the Council The President A. BODRY (1) OJ No L 397, 30. 12. 1989, p. 1.


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31985D0501

85/501/ECSC: Commission Decision of 11 November 1985 terminating the anti-dumping proceeding concerning imports of wire rod originating in Brazil, Portugal, Trinidad and Tobago and Venezuela

Official Journal L 299 , 13/11/1985 P. 0018 - 0021

*****COMMISSION  DECISION  of 11 November 1985  terminating the anti-dumping proceeding concerning imports of wire rod originating in Brazil, Portugal, Trinidad and Tobago and Venezuela  (85/501/ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community,  Having regard to Commission Decision No 2177/84/ECSC of 27 July 1984 on protection against dumped or subsidized imports from countries not members of the European Coal and Steel Community (1), and in particular Article 9 thereof,  After consultations within the Advisory Committee as provided for by the above Decision,  Whereas:  A. Procedure  (1) In May 1984 the Commission received a complaint lodged by the European Confederation of Iron and Steel Industries (Eurofer) on behalf of producers representing the majority of the Community production of wire rod. 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 published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of wire rod falling within Common Customs Tariff subheading 73.10 A I, corresponding to NIMEXE code 73.10-11, originating in Brazil, Portugal, Trinidad and Tobago and Venezuela.  (2) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting countries 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 Community producers who cooperated with the Commission represented only approximately 35 % of the Community production of wire rod.  (4) The companies in Brazil, Portugal, Trinidad and Tobago and Venezuela having exported the product concerned to the Community during the period under investigation made their views known in writing. None of them requested a hearing. Some importers also made written submissions.  (5) The Commission sought and verified all information it deemed to be necessary and carried out investigations at the premises of the following:  (a) Community producers:  - Arbed Saarstahl GmbH, Voelklingen (Federal Republic of Germany),  - Neue Hamburger Stahlwerke, Hamburg (Federal Republic of Germany),  - Thyssen AG, Duisburg (Federal Republic of Germany),  - Arbed, Luxembourg,  (b) Producers/exporters:  Brazil:  - Companhia Siderúrgica Belgo-Mineira (Belo Horizonte), related to the Arbed group,  - Companhia Siderúrgica da Guanabara - Cosigua (Rio de Janeiro), part of the Brazilian Gerdau group,  Portugal:  Siderúrgica Nacional EP (Lisboa),  Trinidad and Tobago:  Iron and Steel Company of Trinidad and Tobago Ltd (ISCOTT) (Port of Spain),  Venezuela:  CVG Siderúrgica del Orinoco CA (SIDOR) (Caracas).  (6) The investigation of dumping and price undercutting covered the period 1 January 1984 to 31 January 1985.  B. The product  (7) The type of wire rod concerned in this proceeding is generally known as the B-10 quality used by producers of welded wire mesh for construction purposes. The products originating in the exporting countries with regard to which this proceeding was initiated are of the same type and comparable to the type manufactured by the complainants.  C. Dumping  (a) Brazil  Normal value  (8) Normal value was provisionally determined on the basis of the net ex-works domestic prices of those producers who exported to the Community and who provided sufficient evidence concerning the prices actually paid in the ordinary course of trade for the like product intended for consumption in Brazil. Account was taken, where appropriate, of transport costs within the country and payment terms.  Export price  (9) The export prices were determined on the basis of the net ex-works prices actually paid for the products sold for export to the Community. Account was taken, where appropriate, of ocean freight, transport within the country, port charges, a tax incentive for exports and commissions.  Comparison and dumping margin  (10) For both Brazilian producers/exporters, Cosigua and Belgo-Mineira, a comparison between the weighted average normal value and the export price of the comparable grade at a net ex-works level (only one export transaction was made by each company during the period under investigation) revealed no dumping margin.  (b) Portugal  (11) The Portuguese producer/exporter argued that no dumping could have taken place because Article 20 (1) of the Agreement between the ECSC and the Portuguese Republic dated 22 July 1972 extends the application of Article 60 of the ECSC Treaty to a number of products, including wire rod, originating in Portugal. However, the Commission considers that this argument should be rejected because the application of rules such as those provided for in Article 60 of the ECSC Treaty does not necessarily prevent dumping from occurring and the Agreement between the ECSC and the Portuguese Republic provides explicitly for rules applicable when dumping situations arise.  (12) Furthermore, this company argued that Article 20 (2) of the said Agreement authorized the alignment of its export prices to the Community on the prices charged by Community producers.  Pursuant to Article 20 of the Agreement between the ECSC and the Portuguese Republic, Portuguese companies may sell within the Community at their list prices or, if these are too high, they may align their prices on the list prices of Community producers. Portuguese companies would not be free however to align their prices on any prices occurring on the market which were lower than the list prices, because such prices would be unlawful under the ECSC Treaty.  Normal value  (13) Normal value was provisionally determined on the basis of the net ex-works domestic prices of the only producer which exported to the Community and which provided sufficient evidence concerning the prices actually paid in the ordinary course of trade for the like product intended for consumption in Portugal. Account was taken of payment terms.  Export price  (14) The export prices were determined on the basis of the net ex-works prices actually paid for the product sold for export to the Community. Account was taken of transport within the country and payment terms.  Comparison and dumping margin  (15) The export price of each individual transaction has been compared at an ex-works level with the normal value determined on the basis of sales during the same period of wire rod of a similar diameter corresponding to list prices which reflected the actual prices. The weighted average dumping margin so calculated amounts to 49 % on a cif Community frontier basis, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.  (c) Trinidad and Tobago  Normal value  (16) Since during the entire period under investigation all domestic transactions were being made at a loss, the normal value was provisonally determined on the basis of the constructed value computed by adding all costs of production and a reasonable profit margin.  Export price  (17) The export prices were determined on the basis of the net ex-works prices actually paid for the products sold for export to the Community. The request to exclude the second-grade product exported to the Community from the determination of the export price was not granted because insufficient evidence was submitted concerning the lower quality of these products. Account was taken, where appropriate, of inland and ocean freight, insurance, commissions and other charges such as overtime at loading. Comparison and dumping margin  (18) The export price of each individual transaction has been compared with the normal value at an ex-works level. The weighted average dumping margin calculated as such amounts to 44 % on a cif Community frontier basis, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.  (d) Venezuela  Normal value  (19) All domestic transactions being made at a loss during the entire period under investigation, the normal value was provisionally determined on the basis of the constructed value computed by adding all costs of production and a reasonable profit margin.  Export price  (20) The export price was determined on the basis of the price actually paid for the product sold for export to the Community at a net ex-works level (only one export transaction took place during the period under investigation).  Comparison and dumping margin  (21) A comparison between the normal value and the export price at an ex-works level revealed a dumping margin of 0,3 %, which is considered de minimis.  D. Injury  (22) With regard to the allegation of injury caused by the dumped imports the evidence available to the Commission shows that imports into the Community from Portugal amounted to 60 900 tonnes in 1983 and 72 700 tonnes in 1984 whereas no imports had taken place in 1981 and 1982. The imports originating in Trinidad and Tobago amounted to 2 000 tonnes in 1982, whereas no imports had taken place in 1981; in 1983 they increased to 30 700 tonnes and decreased to 24 600 tonnes in 1984.  (23) Although the products originating in all exporting countries concerned in this proceeding are comparable, it is considered appropriate to determine an aggregated market share only with regard to imports originating in Portugal and Trinidad and Tobago for which dumping has been established. In 1983 and 1984 the combined market share of the imports of wire rod originating in these countries amounted to 0,9 % of the Community market.  (24) In the course of the investigation it was found that the resale prices of the product originating in Portugal undercut the prices of the Community producers during the period under investigation by up to 13 %. Information relating to possible price undercutting during the period under investigation with regard to the product originating in Trinidad and Tobago was not available.  (25) It appears from the information available to the Commission that production by Community producers dropped from 10 506 000 tonnes in 1981 to 9 637 200 tonnes in 1982, but increased to 9 816 000 tonnes in 1983 and again to 10 650 000 tonnes in 1984. Average capacity utilization of Community producers of wire rod dropped from 54,7 % in 1981 to 50,7 % in 1982, but increased to 54 % in 1983 and to 64,1 % in 1984. Considering that most manufacturers of wire rod in the Community produce the product only after having received orders, stocks were insignificant and sales figures followed the trend of the production figures.  (26) The market share held by Community producers dropped from 96,1 % in 1981 to 94,4 % in 1982 and to 92,4 % in 1983. In 1984 it increased to 93 %.  (27) Although the figures concerning employment showed a negative trend between 1981 and 1984, it is considered that this is due to plant closures which were mainly carried out within the framework of the restructuring of the Community steel industry rather than to the imports of the dumped products.  (28) When examining the impact of the dumped imports on the situation of the Community producers, the Commission took account of the fact that imports of the product concerned from other third countries (excluding Brazil and Venezuela) increased from 3,9 % in 1981 to 5,3 % in 1984. The volume of imports from those countries was significantly higher than that from the countries concerned in this proceeding.  E. Protective measures  (29) Considering that with regard to imports of the product concerned originating in Brazil and Venezuela there was no dumping margin at all, or only a de minimis dumping margin, it is considered that protective measures cannot be envisaged with regard to those countries.  (30) As far as the imports of the product concerned originating in Portugal and Trinidad and Tobago are concerned, with regard to which substantial dumping margins have been found, protective measures cannot be envisaged because it is considered that, even if the injury could be attributed to the imports under consideration, it could not be qualified as material injury to the Community industry in view of the facts mentioned in recitals 22 to 27. No positive findings concerning factors other than price undercutting for the purpose of determining injury could be made; the price undercutting found with regard to imports from Portugal is considered in the circumstances of this case not to be sufficient for determining material injury. (31) With regard to the allegations of threat of injury it is considered that the conditions necessary for such a determination are not fulfilled for the following reasons:  - the absence of a further increase in 1984 of the combined market share held by imports of the product concerned originating in Portugal and Trinidad and Tobago,  - on the basis of the information available to the Commission there is no growing production or export capacity in the countries concerned; furthermore, with regard to Portugal, as of 1 January 1986 imports of steel products will be subject to special rules agreed upon in the Act of Accession.  The fact that protective measures have been taken or that proceedings have been initiated by an important importing country, which is one of the main trading partners of the Community, is not considered in itself to constitute sufficient grounds for determining that significant exports are likely to be deflected into the Community.  F. Termination  (32) In these circumstances, therefore, the proceeding concerning imports of wire rod originating in Brazil, Portugal, Trinidad and Tobago and Venezuela should be terminated.  (33) The complainant was informed of the essential facts and considerations on the basis of which the Commission intended to terminate this proceeding. Subsequently, the complainant requested and was granted additional information.  (34) At the disclosure conference it was suggested by the complainant that a new investigation should be carried out in order to cover the period 1 January 1983 to 31 December 1983. However, this request cannot be granted because the period under investigation was already much longer (see recital 6) than the minimum standard of six months set in Article 7 (1) (c) of Decision No 2177/84/ECSC. Furthermore, the Community producers were aware of the fact that the original period under investigation (1 July 1984 to 31 January 1985) had already been extended shortly after the initiation of the proceeding in order to cover the first six months of 1984.  The complainant also argued at the disclosure conference that protective measures could be based only on the impact of the pricing of the dumped imports on the Community industry. This cannot be accepted, however, because Article 4 (2) of Decision No 2177/84/ECSC provides for a list of factors which should be taken into consideration when injury is assessed. It is therefore not appropriate to justify protective measures on the basis of data relating to prices only, while at the same time ignoring other data indicating that the Community industry did not suffer material injury caused by the dumped imports.  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding in respect of wire rod originating in Brazil, Portugal, Trinidad and Tobago and Venezuela is hereby terminated.  Done at Brussels, 11 November 1985.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 17.  (2) OJ No C 48, 20. 2. 1985, p. 2.


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31988D0398

88/398/EEC: Commission Decision of 15 July 1988 accepting an undertaking concerning certain electronic weighing scales assembled or produced in the Community

Official Journal L 189 , 20/07/1988 P. 0027 - 0027

*****COMMISSION  DECISION  of 15 July 1988  accepting an undertaking concerning certain electronic weighing scales assembled or produced in the Community  (88/398/EEC)  THE COMMISSION 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), as amended by Regulation (EEC) No 1761/87 (2), and in particular Article 13 (10) thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  (1) In July 1987, the Commission received a complaint lodged by three Community producers of electronic weighing scales whose collective output constitutes practically all Community production of the product in question. The complaint contained sufficient evidence that following the opening of the investigation on electronic weighing scales originating in Japan (3), two companies were assembling electronic weighing scales in the Community under the conditions referred to in Article 13 (10) of Regulation (EEC) No 2176/84. After consultation, the Commission accordingly announced, by notice published in the Official Journal of the European Communities (4), the initiation of an investigation, under Article 13 (10) of Regulation (EEC) No 2176/84, concerning electronic weighing scales assembled in the Community by the following companies:  - TEC (UK) Ltd, Preston, United Kingdom and  - TEC-Keylard Weegschalen, The Netherlands.  B. Termination of the investigation and extension of the duty  (2) As a result of this investigation, the proceeding was terminated without the extension of the anti-dumping duty with regard to TEC-Keylard (NL) by Commission Decision 88/227/EEC (5).  (3) For TEC (UK) Ltd, and after taking into consideration the circumstances of each case, Council Regulation (EEC) No 1021/88 (6) extended the anti-dumping duty imposed by Council Regulation (EEC) No 1058/86 (7) to certain electronic weighing scales assembled in the Community by this company.  C. Undertakings  (4) In June 1988, TEC (UK) Ltd offered an undertaking. The Commission verified, at the premises of the company concerned, that the undertakings removed the conditions justifying the extension by Regulation (EEC) No 1021/88 of the anti-dumping duty to electronic weighing scales assembled in the Community. In the light of the undertaking offered and of the results of the verification and after consultation, the Commission is satisfied that the changes in the sourcing of parts and materials and of other aspects of TEC (UK)'s assembly or production operations in the Community are sufficient for the undertaking to be accepted.  (5) The Council has therefore repealed Regulation (EEC) No 1021/88 which extended the duty to products assembled or produced in the Community by TEC (UK) Ltd,  HAS DECIDED AS FOLLOWS:  Sole Article  The undertaking offered by TEC (UK) Ltd in connection with certain electronic weighing scales corresponding to CN code 8423 81 50 introduced into the commerce of the Community after having been assembled in the Community by TEC (UK) Ltd is hereby accepted.  Done at Brussels, 15 July 1988.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 167, 26. 6. 1987, p. 9.  (3) OJ No C 236, 3. 9. 1983, p. 5.  (4) OJ No C 235, 1. 9. 1987, p. 3.  (5) OJ No L 101, 20. 4. 1988, p. 28.  (6) OJ No L 101, 20. 4. 1988, p. 1.  (7) OJ No L 97, 12. 4. 1986, p. 1.


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31983D0192

83/192/EEC: Commission Decision of 19 April 1983 accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of certain cellulose ester resins (cellulose-acetobutyrate and cellulose-acetopropionate) originating in the United States of America and terminating that proceeding

Official Journal L 106 , 23/04/1983 P. 0024 - 0026

*****COMMISSION  DECISION  of 19 April 1983  accepting an undertaking given in connection with the anti-dumping proceeding concerning imports of certain cellulose ester resins (cellulose-acetobutyrate and cellulose-acetopropionate) originating in the United States of America and terminating that proceeding  (83/192/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  After consultations within the Adivsory Committee as provided for under the above Regulation,  Whereas in September 1982 the Commission received a complaint lodged by the European Council of Chemical Manufacturers Federations (CEFIC), on behalf of Bayer AG, the sole Community producer of cellulose ester resins; whereas the complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding; whereas the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of cellulose ester resins falling within subheading ex 39.03 B IV b) 1 of the Common Customs Tariff (NIMEXE code ex 39.03-43) and originating in the United States of America, and commenced an investigation;  Whereas the Commission officially so advised the exporter and importers known to be concerned as well as the representatives of the exporting country;  Whereas the Commission has given the parties directly concerned the opportunity to make known their views in writing and to request an oral hearing;  Whereas the sole American producer and exporter, who at the same time is the major importer into the Community, has made his views known in writing and has requested and been granted an oral hearing;  Whereas no submissions were made by the Community purchasers and processors of cellulose ester resins;  Whereas 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 producer: Bayer AG, Leverkusen, Federal Republic of Germany,  - non-EEC producer/exporter: Eastman Chemical International Company, Kingsport, USA;  Whereas the Commission investigation of dumping covered the calendar year 1982;  Whereas the Commission provisionally determined normal value on the vasis of the domestic prices of all sales of the only American producer who provided sufficient evidence;  Whereas, for one Community market, export prices were determined on the basis of the prices actually paid or payable for the products exported to the Community; whereas, for all other Community markets, where exports were made to subsidiary companies in the Community, export prices were constructed on the basis of the prices at which the imported product was first resold to an independent buyer, suitably adjusted to take account of all costs incurred between import and resale, including mainly customs duty, customs clearance charges, warehousing, transport costs in the Community and commission on the sales paid to the subsidiaries;  Whereas, in comparing normal value with export prices, the Commission took account, where appropriate, of differences affecting price comparability; whereas these differences covered mainly payment conditions and the average tonnage per individual sale;  Whereas all comparisons were made at ex-works level;  Whereas the above preliminary examination of the facts shows the existence of dumping in respect of exports made by Eastman Chemical International Company, Kingsport, USA, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community;  Whereas differing margins were established on Community markets, the margins varying from 27,7 to 44,4 %; whereas the weighted average margin for the whole Community was 30,8 %;  Whereas, with regard to the injury caused by the dumped imports, the evidence available to the Commission shows that imports into the Community from the United States of America of cellulose ester resins increased from a 1980 index of 100 (exact figures are confidential) to a 1981 index of 108, and fell back to a 1982 index of 101; whereas this resulted in an increase in market share from an index of 100 in 1980 to 107 in 1981 and 119 in 1982;  Whereas the weighted average resale prices of these imports undercut the prices of the Community producer during the investigation period by up to 15,3 %; whereas the resale prices of these imports were lower than those required to cover the costs of the Community producer and provide a reasonable profit;  Whereas the consequent impact on the Community industry has been a decline in production from a 1980 index of 100 to a level of 81 in 1982;  Whereas, in order to avoid further reductions of capacity utilization, the Community industry has been reducing its capacity steadily during the last few years;  Whereas sales by the Community industry on the Community market have decreased from a level an index of 100 in 1980 to 80 in 1982 with a consequent loss in market share from an index of 100 in 1980 to 94 in 1982; whereas this has resulted in considerable losses for the Community industry which, despite attempts to reduce costs, have remained at an intolerable level;  Whereas the Commission has considered whether injury has been casued by other factors such as a decline of demand for cellulose ester resins; whereas consumption in the Community has declined from an index of 100 in 1980 to 85 in 1982; whereas, however, it has been established that this decline has affected the Community production more than it has affected the dumped imports which have not diminished in volume; whereas, therefore, the increase in market share held by dumped imports and the prices at which they are offered for sale in the Community led the Commission to determine that the effects of the dumped imports of cellulose ester resins originating in the United States of America, taken in isolation, have to be considered as constituting material injury to the Community industry concerned;  Whereas the exporter concerned was informed of the main findings of the preliminary investigation and commented on them; whereas an undertaking was subsequently offered by Eastman Chemical International Company concerning its exports of cellulose ester resins to the Community;  Whereas the effect of the said undertaking will be to increase the sales prices in the Community, free-customer, duty-paid, to the level which the Commission, having compared the Community producer's weighted average prices and costs, taking account of its profit situation, with the individual importers' costs and special marketing conditions, considered necessary to eliminate injury; whereas these increases are, however, smaller than the dumping margins; Whereas the Commission has, therefore, determined that it is not now necessary to take protective action in respect of imports of cellulose ester resins originating in the United States of America;  Whereas, in these circumstances, the undertaking offered is considered acceptable and the proceeding may, therefore, be terminated without imposition of an anti-dumping duty;  Whereas no objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the undertaking given by Eastman Chemical International Company, Kingsport, USA, in connection with the anti-dumping proceeding concerning cellulose ester resins falling within subheading ex 39.03 B IV b) 1 of the Common Customs Tariff (NIMEXE code ex 39.03-43) and originating in the United States of America.  Article 2  The anti-dumping proceeding concerning imports of cellulose ester resins originating in the United States of America is hereby terminated.  Done at Brussels, 19 April 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 299, 16. 11. 1982, p. 3.


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31980D0632

80/632/EEC: Council Decision of 27 June 1980 replacing a member of the Advisory Committee on Vocational Training

Official Journal L 176 , 10/07/1980 P. 0032

****( 1 ) OJ NO 190 , 30 . 12 . 1963 , P . 3090/63 .  ( 2 ) OJ NO L 91 , 12 . 4 . 1968 , P . 26 .        COUNCIL DECISION   OF 27 JUNE 1980   REPLACING A MEMBER OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING  ( 80/632/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 18 DECEMBER 1963 LAYING DOWN THE RULES OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING ( 1 ), AS AMENDED BY THE DECISION OF 9 APRIL 1968 ( 2 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 16 OCTOBER 1978 APPOINTING THE MEMBERS AND ALTERNATES OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING FOR THE PERIOD ENDING 15 OCTOBER 1980 ,   WHEREAS ONE SEAT FOR A MEMBER OF THE ABOVE COMMITTEE IN THE  ' GOVERNMENT REPRESENTATIVES '  CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR THOMPSON OF WHICH THE COUNCIL WAS INFORMED ON 18 JUNE 1980 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 18 JUNE 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR A . G . B . WOOLLARD IS HEREBY APPOINTED A MEMBER OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING IN PLACE OF MR THOMPSON FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 15 OCTOBER 1980 .   DONE AT BRUSSELS , 27 JUNE 1980 .   FOR THE COUNCIL   THE PRESIDENT   A . SARTI


( UNOFFICIAL ENGLISH TRANSLATION ) DECISION NO. 17 OF 18 FEBRUARY 1960 CONCERNING BENEFITS IN KIND UNDER THE SICKNESS INSURANCE SCHEME GRANTED BY THE INSTITUTION AT THE PLACE OF RESIDENCE ON BEHALF THE INSTITUTION RESPONSIBLE FOR PRYING THEM IN APPLICATION OF THE SECOND SENTENCE OF PARAGRAPH 4 OF ARTICLE 20 OF REGULATION NO. 4 AND THE PROCEDURES FOR REFUNDING THESE BENEFITS


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31984Y0116(60)

Decision Amending Rule 49 of the Rules of procedure of the European Parliament

Official Journal C 010 , 16/01/1984 P. 0051 - 0052

Thursday, 15 December 1983  >PIC FILE= "T9001445">  Parliament adopted the following decision:  Thursday, 15 December 1983  DECISION amending Rule 49 of the Rules of Procedure  The European Parliament,    - having regard to Rule 112 (1) of its Rules of Procedure,       - having regard to the motion for a resolution by Mr C. Jackson (Doc. 1-124/83),       - having regard to the amendment tabled by Mr Luster and Mr Pfennig (Doc. 1-426/83),       - having regard to the report of the Committee on the Rules of Procedure and Petitions (Doc. 1-975/83),      1. Decides to incorporate the above amendments into its Rules of Procedure;           2. Instructs its Secretary-General to ensure that the texts thus amended are absolutely uniform in the seven official languages;           3. Instructs its President to forward this decision for information to the Council and Commission and to the Foreign Ministers meeting in political cooperation.               7. Consideration of and vote on amendments in Parliament (vote)  The next item was the vote on the report by Mr Nord (Doc. 1-1140/83) (1).  Rule 53:  - amendment 1 by Mr Luster : rejected.  After Rule 53:  - amendment 2 by Mr Luster : rejected by electronic vote.  Rule 54:  - amendment 4 by Mrs Vayssade and Mr Seeler, on behalf of the Socialist Group : The rapporteur, Mr d'Angelosante and Mr Forth spoke on points of procedure.  Amendment 4 : adopted. - amendment 11 : fell.  After Rule 54: - amendment 9 by Mrs Castle, Mr Griffiths, Mr Megahy, Mr Lomas, Mr Caborn and Ms Quin : The following spoke : Mrs Vayssade, and Mr Patterson, who withdrew amendment 17/rev.  Amendment 9 : rejected.    - 18/rev. by Mrs Vayssade and Mr Nord : adopted by electronic vote;       - amendment 12 : fell.         (amendments 3, 5, 7 and 8 : withdrawn.)  Rule 73 (2):    - amendment 6 by Mrs Vayssade and Mr Seeler, on behalf of the Socialist Group : rejected;       - amendment 13 by the Committee on the Rules of Procedure and Petitions : rejected.         Rule 77 (1): - amendment 14 by the same committee : adopted.  Rule 80 (1): - amendment 10 by Mrs Castle and others : rejected.  Annex II, Article 3, paragraph 4: - amendment 15 by the Committee on the Rules of Procedure and Petitions : adopted after an electronic check  Annex II, Article 5, paragraph 6: - amendment 16 by the same committee : adopted.   Parliament thus adopted the following amendments to its Rules of Procedure :  (1) The rapporteur spoke on all the amendments.


title: Political and Security Committee Decision (CFSP) 2017/2432 of 13 December 2017 on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) and repealing Decision (CFSP) 2017/1534 (EUNAVFOR MED/3/2017)

text:
               23.12.2017

               EN

               Official Journal of the European Union

               L 344/20

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/2432
   of 13 December 2017
   on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) and repealing Decision (CFSP) 2017/1534 (EUNAVFOR MED/3/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Decision (CFSP) 2015/778, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander for EUNAVFOR MED operation SOPHIA (‘EU Force Commander’).

               (2)

               On 31 August 2017, the PSC adopted Decision (CFSP) 2017/1534 (2) appointing Rear Admiral (LH) Javier MORENO SUSANNA as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral (LH) Alberto MAFFEIS to succeed Rear Admiral (LH) Javier MORENO SUSANNA as the new EU Force Commander as from 14 December 2017.

               (4)

               On 6 December 2017, the EU Military Committee supported that recommendation.

               (5)

               A decision on the appointment of Rear Admiral (LH) Alberto MAFFEIS should be taken and Decision (CFSP) 2017/1534 should therefore be repealed.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral (LH) Alberto MAFFEIS is hereby appointed as EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) as from 14 December 2017.
   Article 2
   Decision (CFSP) 2017/1534 is hereby repealed.
   Article 3
   This Decision shall enter into force on 14 December 2017.

      Done at Brussels, 13 December 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 122, 19.5.2015, p. 31.

      (2)  Political and Security Committee Decision (CFSP) 2017/1534 of 31 August 2017 on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) and repealing Decision (CFSP) 2017/681 (EUNAVFOR MED/2/2017) (OJ L 233, 9.9.2017, p. 4).


               2.2.2018

               EN

               Official Journal of the European Union

               C 39/13

         Decision of the Authority for European Political Parties and European Political Foundations
   of 20 September 2017
   to register New Direction — The Foundation for European Reform
   (Only the English text is authentic)
   (2018/C 39/07)
   THE AUTHORITY FOR EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), in particular Article 9 thereof,
   Having regard to the application received from New Direction — The Foundation for European Reform,
   Whereas:

               (1)

               The Authority for European political parties and European political foundations (‘Authority’) received an application for registration as a European political foundation under Article 8(1) of Regulation (EU, Euratom) No 1141/2014 from New Direction — The Foundation for European Reform (the ‘applicant’) on 05/09/2017 and a revised version of part of that application on 14/09/2017,

               (2)

               The applicant submitted documents proving that it satisfies the conditions laid down in Article 3 of Regulation (EU, Euratom) No 1141/2014, the declaration in the form set out in the Annex to that Regulation, and the statutes of the applicant, containing the provisions required by Article 5 of that Regulation,

               (3)

               The application is further supported by a statement by notary Pieter Herman pursuant to Article 15(2) of Regulation (EU, Euratom) No 1141/2014 certifying that the applicant has its seat in Belgium and that the applicant’s statutes are in conformity with the relevant provisions of national law,

               (4)

               The applicant submitted additional documents in accordance with Articles 1 and 2 of Commission Delegated Regulation (EU, Euratom) 2015/2401 (2),

               (5)

               Pursuant to Article 9 of Regulation (EU, Euratom) No 1141/2014, the Authority has examined the application and supporting documentation submitted, and considers that the applicant satisfies the conditions for registration laid down in Article 3 of that Regulation and that the statutes contain the provisions required by Article 5 of that Regulation,

         HAS ADOPTED THIS DECISION:
   Article 1
   New Direction — The Foundation for European Reform is hereby registered as a European political foundation.
   It shall acquire European legal personality on the date of the publication of this Decision in the Official Journal of the European Union.
   Article 2
   This Decision shall take effect on the day of its notification.
   Article 3
   This Decision is addressed to

               New Direction — The Foundation for European Reform

               Rue du Trône/Troonstraat 4

               1000 Bruxelles/Brussel

               BELGIQUE/BELGIË

      Done at Brussels, 20 September 2017.

            For the Authority for European political parties and European political foundations

            The Director

         M. ADAM

      (1)  OJ L 317, 4.11.2014, p. 1.

      (2)  Commission Delegated Regulation (EU, Euratom) 2015/2401 of 2 October 2015 on the content and functioning of the Register of European political parties and foundations (OJ L 333, 19.12.2015, p 50).

      ANNEX

         ADOPTED BY GENERAL ASSEMBLY ON 13 JULY 2017
         REGISTERED WITH MONITEUR BELGE 17 AUGUST 2017
         ARTICLES OF ASSOCIATION OF THE APPLICANT — ENGLISH VERSION
         ‘NEW DIRECTION – THE FOUNDATION FOR EUROPEAN REFORM’
         I.   NAME AND GENERAL PROVISIONS

                     1.

                     ‘New Direction – The Foundation for European Reform FPEU’ (hereafter referred to as ‘The Foundation’) is a European political foundation that does not pursue profit goals, is an entity which: (i) is formally affiliated with The Alliance of Conservatives and Reformists in Europe (hereafter referred to as ‘ACRE’), which (ii) is registered with the Authority for European Political Parties and Foundations (‘Authority’) in accordance with the conditions and procedures laid down in Regulation Number 1141/2014 (‘the Regulation’) of the European Parliament and of The Council of 22 October 2014 on the statute and funding of European political parties and European political foundations, and the provisions of Title I, Chapter I, and of Title III quater of the Belgian Act of 27 June 1921 regarding non-profit associations, international non-profit associations and foundations, European political parties and European political foundations (‘the Act’).
                     The Foundation has legal personality in accordance with ‘the Regulation’ and ‘the Act’.

                     2.

                     The name of the Foundation in its official languages is at Annex I. The official logo of the Foundation is a blue polygon lion and outlined in the Internal Regulations.

                     3.

                     The official language of the Foundation are the official languages of the Member States of the constituent parties.

               II.   REGISTERED OFFICE

                     4.

                     The registered office of the Foundation is established at Rue du Trone 4, Brussels 1000, Belgium. The registered office may be transferred to any other location in a EU Member State by a decision of the General Assembly.

               III.   AIMS & OBJECTIVES OF THE FOUNDATION

                     5.

                     The Foundation is a non-profit organization, which through its activities, within the aims and fundamental values pursued by the Union, underpins and complements the objectives of ACRE by performing one or more of the following tasks:

                                 —

                                 Providing decision-makers and opinion leaders with effective policy options based on the principles embodied in the Prague Declaration of the ECR Group of 30 March 2009 (Annex II) and ACRE's Reykavik Declaration (Annex III).

                                 —

                                 observing, analysing and contributing to the debate on European public policy issues and on the process of European integration;

                                 —

                                 developing activities linked to European public policy issues, such as organising and supporting seminars, training, conferences and studies on such issues between relevant stakeholders, including youth organisations and other representatives of civil society;

                                 —

                                 developing cooperation in order to promote democracy, including in third countries;

                                 —

                                 serving as a forum for like-minded national political foundations and think-tanks, academics, and other relevant actors to work together at European level.

                                 —

                                 encouraging strong transatlantic links.

                     6.

                     The Foundation may carry out all operations and conduct all activities, which directly or indirectly increase or promote its aims and objectives, in accordance with the applicable legislation.

               IV.   TERM

                     7.

                     The Foundation is incorporated for an unlimited period of time.

               V.   MEMBERSHIP: GENERAL PROVISIONS, TYPES, ADMISSION, FEES & TERMINATION

                     8.

                     Membership is open to individual and global members.
                     The Foundation shall consist of individual and global members. Natural persons or legal entities lawfully established in accordance with the laws and customs of their country of origin can become global members.

                     9.

                     All members of the European Parliament are entitled to individual membership of the Foundation.
                     Political Parties allied in ‘ACRE’ are entitled to global membership of the Foundation.
                     Global members may also include individuals, national political foundations, think tanks, academic institutions, and corporations that are in agreement with the aims and objectives of the Foundation.

                     10.

                     The Foundation shall be composed of at least three members.

                     11.

                     If a candidate member does not dispose of a legal status in accordance with the laws and the customs of its country of origin, it shall, in its written application for membership, appoint a natural person, who will act on behalf and for the account of all the members of such candidate member, in his/her capacity of common attorney-in-fact.

                     12.

                     Individual members shall pay a membership fee. The General Assembly shall decide on a fee that shall not exceed EUR 18 000. Individual members have the right to take part in the meetings of the General Assembly and to voice their opinion. They have the right to vote and they count towards quorum. The term of membership shall be for a period of one calendar year, renewable.
                     Global members shall pay a membership fee. The General Assembly shall decide on a fee that shall not exceed EUR 180 000. Global members have the right to take part in the meetings of the General Assembly and to voice their opinion. They have the right to vote and they count towards quorum. The term of membership shall be for a period of one calendar year, renewable.

                     13.

                     A register containing an up-to-date list of all members of the Foundation will be held at the registered office. All members may have access to the register at the registered office of the Foundation.

                     14.

                     Global Members can apply for membership of the Foundation if they are proposed to the Board of Directors by at least three individual members of the Foundation and seconded by a Member of the Board.

                     15.

                     Any application for global membership shall be sent to the Executive Director, with all necessary documentation evidencing that the applicant fulfils the membership requirements. The Executive Director shall submit the application and his/her preliminary report and opinion to the Board of Directors. The Board of Directors shall take its decision with a majority of two-thirds of the votes cast. The decision by the Board of Directors to admit or not the applicant shall be final.

               VI.   MEMBERSHIP: TERMINATION OF MEMBERSHIP

                     16.

                     Any member may resign from the Foundation at any time by giving three months notice by registered letter addressed to the President. The resignation shall only come into force at the end of the financial year.

                     17.

                     A resigning member will remain liable for its financial obligations vis-à-vis the Foundation until the end of the financial year during which its resignation took place.

                     18.

                     If a member fails to meet its financial obligations after a notice sent by the President to settle its debts within a period of three months, the voting right of the member will be suspended as from the end of the three months period. If a member fails to meet its financial obligations for two consecutive financial years, it will be considered as having resigned from the first day of the following financial year.

                     19.

                     Any member may be expelled for any of the following reasons:

                                 —

                                 not abiding by the Statutes of the Foundation or the Internal Regulations;

                                 —

                                 not abiding by the decisions of any body of the Foundations;

                                 —

                                 not fulfilling the conditions for membership anymore;

                                 —

                                 in case any of its acts is contrary to the interest and the values of the Foundation in general.

                     20.

                     The General Assembly decides expulsion of members by a majority of two- thirds of the votes cast by the members present or represented. The member will be informed by registered mail of the expulsion proposal. The letter sets forth the grounds on which the proposed expulsion is based.

                     21.

                     The expulsion decision sets forth the grounds on which the expulsion is based but apart from that, the decision does not need to be justified. The President sends a copy of the decision to the expelled member by registered letter, within 15 calendar days.

                     22.

                     The expulsion shall come into force immediately but the expelled member shall remain liable for its financial obligations vis-à-vis the Foundation until the end of the financial year. A member who has resigned or been expelled shall have no claim against the assets of the Foundation.

               VII.   BODIES OF THE FOUNDATION

                     23.

                     The bodies of the Foundation are:

                                 (i)

                                 The General Assembly;

                                 (ii)

                                 The Board of Directors;

               VIII.   BODIES OF THE FOUNDATION – THE GENERAL ASSEMBLY

                     24.

                     The General Assembly shall consist of all members.

                     25.

                     In accordance with the Internal Regulations, and upon prior invitation by the President, individuals and third parties may be granted the right to take part in a meeting of the General Assembly. They may voice their opinion but do not have the right to vote.

                     26.

                     The decisions taken by the General Assembly shall be binding on all members, including those absent or dissenting.

                     27.

                     Any member may resign from the Foundation at any time by giving three months notice by registered letter addressed to the President. The resignation shall only come into force at the end of the financial year.

                     28.

                     A resigning member will remain liable for its financial obligations vis-à-vis the Foundation until the end of the financial year during which its resignation took place.

                     29.

                     The following powers are restrictively reserved to the General Assembly:

                                 —

                                 appointment, dismissal and discharge of the Members of the Board of Directors;

                                 —

                                 approval of the common annual activity program, upon proposal of the Board of Directors;

                                 —

                                 approval of the annual accounts, the annual report, the budget and any other form of financing;

                                 —

                                 admission, suspension and expulsion of individual members;

                                 —

                                 amendments to the Statutes and approval to amendments to the Internal Regulations;

                                 —

                                 interpretation of the Statutes and the Internal Regulations;

                                 —

                                 dissolution and liquidation of the Foundation;

                                 —

                                 upon proposal of the Board of Directors appointment of an external auditor each year;

                                 —

                                 upon proposal of the Board of Directors, appointment and dismissal of the Executive Director;

                     30.

                     The Board of Directors seized by the President convenes the General Assembly. The General Assembly shall meet at least once in each calendar year.

                     31.

                     The Board of Directors or at least a third of the members may convene extraordinary meetings of the General Assembly.

                     32.

                     The notice is sent by mail, facsimile, email or any other written or electronic means. For the rest, the rules related to the agenda, timetable and conduct of the meetings of the General Assembly will be laid down in the Internal Regulations.

                     33.

                     In respect of global members, the president or the nominated representative will represent its members at the General Assembly.

                     34.

                     Global members will be entitled to at least one delegate and a maximum of three, depending on the contribution.

                     35.

                     All members and delegates shall sign an attendance list of members prior to the meeting, under the name of the member they represent.

                     36.

                     Quorum: the General Assembly may validly proceed if at least one quarter of the members are present. Where this quorum is not reached, a new meeting shall be called no earlier than 15 calendar days after the first. The second meeting shall be entitled to validly take decisions, irrespective of the number of full members present.

                     37.

                     Decisions of the General Assembly, shall be taken with a simple majority of the votes cast if the Articles of Association do not foresee otherwise. Abstentions shall not be taken into account. In the case of a tie vote, the decision will be rejected.

                     38.

                     The General Assembly may also appoint an Honorary President and Honorary Vice Presidents, whose position is titular and non-executive.

                     39.

                     Decisions of the General Assembly may also be taken by circular letter. They are deemed to be taken at the registered office of the Foundation and are deemed to come into force on the date mentioned on the circular letter.

                     40.

                     The decisions of the General Assembly are recorded in minutes. The minutes are approved during the next meeting of the General Assembly and signed by the President.

                     41.

                     The minutes are kept in a register, at the members' disposal at the registered office of Foundation.

               IX.   BODIES OF THE FOUNDATION — BOARD OF DIRECTORS

                     42.

                     The Board of Directors consists of a minimum of three members including the President, Vice-President and Treasurer. They are elected by the general Assembly for a 2,5 year period. The maximum number of Board members is twelve.

                     43.

                     The mandate of the Board members is renewable.

                     44.

                     The President, and Secretary-General of ‘ACRE’ are members of the Board of Directors. The Executive Director of the Foundation may be invited by the President to attend Board meetings as an observer.

                     45.

                     The function of member of the Board is not remunerated. Reasonable expenses supported by appropriate documentary evidence will be reimbursed.

                     46.

                     The Board will give guidance and direction to the work of the Foundation through the Executive Director. The Board shall therefore be vested with the power to undertake any act necessary or useful to achieve the purpose and objectives of the Foundation, except for those powers that the Act or present Statutes reserve to the General Assembly.

                     47.

                     The Board may delegate, under its responsibility, part of its powers for particular or specific purposes to an attorney-in-fact.

                     48.

                     The Board may set up an Advisory Council, an Academic Council and other working groups for any purpose it thinks fit. The composition, terms of reference and the rules of procedure of such advisory and working groups will be laid down in the Internal Regulations.

                     49.

                     The term of office of a replacing member of the Board shall expire at the same time as the term of the replaced member of the Board of Directors. The appointment shall be ratified at the next meeting of the General Assembly.

                     50.

                     The Board shall meet as required and at least two times a year.

                     51.

                     Meetings of the Board shall be called and chaired by the President. The notice calling the meeting shall contain the place, date, time and agenda and must be sent to all members of the Board by letter, facsimile or email at least seven calendar days prior to the date of the meeting.

                     52.

                     Quorum: decisions shall be valid when at least half of the members are present. Where this quorum is not reached, a new meeting shall be called no earlier than seven calendar days after the first. The second meeting shall be entitled to take valid decisions irrespective of the number of members present.

                     53.

                     The Board may only deliberate on the matters set out in the agenda, unless all members of the Board are present and decide unanimously to discuss other matters.

                     54.

                     Each member of the Board will have one vote. A member may not grant a power-of-attorney to another member of the Board.

                     55.

                     The decisions of the Board shall be taken with a simple majority of the votes cast. Abstentions shall not be taken into account and, in the case of a written vote, blank or invalid votes cannot be counted in the votes cast. In case of a tie vote, the chairman of the meeting shall have a casting vote.

                     56.

                     Decisions may also be taken by conference call or videoconference.

                     57.

                     Decisions taken by the Board shall be recorded in minutes to be approved during the next meeting of the Board and signed by the President.

                     58.

                     They are kept in a register, at the disposal of the members of the Board at the registered office of the Foundation.

               X.   MANAGEMENT OF THE FOUNDATION

                     59.

                     The General Assembly shall delegate the daily management of the Foundation to the Executive Director upon proposal of the Board of Directors. The Board of Directors defines the scope and financial limitations of the daily management powers of the Executive-Director. The Treasurer will take a particular role with the Executive Director in administration and personnel management of the Foundation.

                     60.

                     The term of office of the Executive Director shall be for a period of 2,5 years, renewable.

                     61.

                     The Executive Director shall be remunerated, according to decision of the Board of Directors. Reasonable expenses supported by appropriate documentary evidence will also be reimbursed.

               XI.   REPRESENTATION OF THE FOUNDATION

                     62.

                     The Foundation shall be validly represented with respect to all acts, including court proceedings, by either the President or by the Board member appointed by him.

                     63.

                     The Executive Director shall individually represent the Foundation with respect to all acts of daily management, and shall not be obliged to offer proof to third parties of a prior decision of the Board of Directors.

                     64.

                     The Foundation is also validly represented by an attorney-in-fact, within the limits of his power-of-attorney.

               XII.   FINANCIAL ADMINISTRATION

                     65.

                     The Foundation shall be financed by membership fees, fundraising, donations, royalties or fees generated by its service and any resources granted by the European Parliament or other bodies.

                     66.

                     The membership fees must be paid before the end of the financial year.

                     67.

                     The financial year shall coincide with the calendar year. The Board shall produce accounts at the end of each financial year, along with an annual report. Both shall be presented to the General Assembly.

                     68.

                     The audit of the financial situation, the annual accounts and the verification that the transactions set out in the annual accounts comply with the Statutes and Internal Regulations of the Foundation as well as the financial rules of the European Parliament, shall be entrusted to the auditor appointed by the European Parliament. The auditor's report shall be presented to the General Assembly for approval.

               XIII.   LIMITED LIABILITY

                     69.

                     The members of the Foundation, the members of the Board of Directors and the persons entrusted with the daily management of the Foundation will not be personally liable for the obligations of the Foundation.

                     70.

                     The liability of members of the Board of Directors or persons entrusted with daily management is limited to the proper performance of their mandate.

               XIV.   AMENDMENTS TO THE STATUTES, DISSOLUTION AND LIQUIDATION OF THE FOUNDATION

                     71.

                     Any proposal to amend these Statutes or to dissolve the Foundation shall only be valid if proposed by the Board of Directors or one third of the members.

                     72.

                     The proposed amendments to the Statutes must be attached to the notice calling the meeting of the General Assembly. An attendance quorum of at least two-thirds of the members is required for decisions regarding amendments to the Statutes or the dissolution of the Foundation. Where this quorum is not reached, a new meeting of the General Assembly shall be called no earlier than 15 calendar days after the first meeting. The second meeting of the General Assembly shall be entitled to take valid decisions irrespective of the number of full members present.

                     73.

                     In the event that the Foundation is dissolved, the General Assembly shall decide by a simple majority of the votes cast on (i) the appointment, powers and remuneration of the liquidators, (ii) the methods and procedures for the liquidation of the Foundation and (iii) the destination to be given to the net assets of the Foundation. The net assets of the Foundation will have to be allocated to a non-profit purpose.

               XV.   FINAL PROVISIONS

                     74.

                     The General Assembly shall adopt and may amend the Internal Regulations of the Foundation. The Internal Regulations regulate the functioning of the Foundation and its bodies in general and may not conflict with the Articles of Association. The Articles of Association supersede the Internal Regulations.

                     75.

                     All matters not expressly provided for or regulated in these Articles of Association shall be governed by the Regulation. For the matters not governed by the Regulation or where the matter is only partially addressed, for the aspects not covered by the Regulation, the Foundation shall be governed by the applicable provisions of Belgian Law.

               For matters not governed by the Regulation or by the provisions of Belgian Law, or where a matter is only partially addressed, for the aspects not covered by the Regulation and the Belgian Law, the Foundation is governed by the provisions of its Articles of Association and, by default, by its Internal Regulations.
         The Foundation strictly complies with all transparency requirements imposed by the Regulation and Belgian Law, as well as any other statutory applicable provision, in particular as regards book-keeping, accounts, donations, privacy and the protection of personal data.
         Any candidate for a governing body of the Foundation, will be selected on the bases of objective criteria including, at least, his/her relevant experience and his/her availability as well as, if necessary, any other criteria specified in the Internal Regulations. A candidate must also adhere to Chapter III. Purpose of the Foundation.

         Annex I

               The name of the Foundation in the official language is:

         —   In English: New Direction – The Foundation for European Reform
         —   In Polish: New Direction – Fundacja na rzecz Reformy Europy
         —   In Czech: New Direction – Nadace pro Evropska Reformu
         —   In Spanish: New Direction – La Fondacion Para Reformas Europeas
         —   In French: New Direction – La Fondation pour les Reformes Europeennes
         —   In Dutch: New Direction – Stichting voor Europese Hervorming
         —   In Hungarian: New Direction – Alapitvany az Europai Reformokert
         —   In Latvian: New Direction – Europas Reformu Fonds
         —   In Lithuanian: New Direction – Europas Reformu Fondas

         Annex II
         The Prague Declaration of Principles, proclaimed on 30 March 2009:
         CONSCIOUS OF THE URGENT NEED TO REFORM THE EU ON THE BASIS OF EUROREALISM, OPENNESS, ACCOUNTABILITY AND DEMOCRACY, IN A WAY THAT RESPECTS THE SOVEREIGNTY OF OUR NATIONS AND CONCENTRATES ON ECONOMIC RECOVERY, GROWTH AND COMPETITIVENESS, THE EUROPEAN CONSERVATIVES AND REFORMISTS GROUP IN THE EUROPEAN PARLIAMENT SHARES THE FOLLOWING PRINCIPLES:

                     1.

                     Free enterprise, free and fair trade and competition, minimal regulation, lower taxation, and small government as the ultimate catalysts for individual freedom and personal and national prosperity.

                     2.

                     Freedom of the individual, more personal responsibility and greater democratic accountability.

                     3.

                     Sustainable, clean energy supply with an emphasis on energy security.

                     4.

                     The importance of the family as the bedrock of society.

                     5.

                     The sovereign integrity of the nation state, opposition to EU federalism and a renewed respect for true subsidiarity.

                     6.

                     The overriding value of the transatlantic security relationship in a revitalised NATO, and support for young democracies across Europe.

                     7.

                     Effectively controlled immigration and an end to abuse of asylum procedures.

                     8.

                     Efficient and modern public services and sensitivity to the needs of both rural and urban communities.

                     9.

                     An end to waste and excessive bureaucracy and a commitment to greater transparency and probity in the EU institutions and use of EU funds.

                     10.

                     Respect and equitable treatment for all EU countries, new and old, large and small.

         Annex III
         ACRE’S REYJAVIK DECLARATION
         The Alliance of Conservatives and Reformists in Europe (ACRE) brings together parties committed to individual liberty, national sovereignty, parliamentary democracy, the rule of law, private property, low taxes, sound money, free trade, open competition, and the devolution of power.

                     1.

                     ACRE believes in a Europe of independent nations, working together for mutual gain while each retaining its identity and integrity.

                     2.

                     ACRE is committed to the equality of all European democracies, whatever their size, and regardless of which international associations they join.

                     3.

                     ACRE favours the exercise of power at the lowest practicable level – by the individual where possible, by local or national authorities in preference to supranational bodies.

                     4.

                     ACRE understands that open societies rest upon the dignity and autonomy of the individual, who should be as free as possible from state coercion. The liberty of the individual includes freedom of religion and worship, freedom of speech and expression, freedom of movement and association, freedom of contract and employment, and freedom from oppressive, arbitrary or punitive taxation.

                     5.

                     ACRE recognises the equality of all citizens before the law, regardless of ethnicity, sex or social class. It rejects all forms of extremism, authoritarianism and racism.

                     6.

                     ACRE cherishes the important role of civil associations, families and other bodies that fill the space between the individual and the government.

                     7.

                     ACRE acknowledges the unique democratic legitimacy of the nation-state.

                     8.

                     ACRE is committed to the spread of free commerce and open competition, in Europe and globally.

                     9.

                     ACRE supports the principles of the Prague Declaration of March 2009 and the work of the European Conservatives and Reformists in the European Parliament and allied groups on the other European assemblies.