Avis juridique important

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32002B0449

2002/449/EC,ECSC,Euratom: Decision of the European Parliament of 10 April 2002 concerning discharge in respect of the implementation of the general budget of the European Union for the 2000 financial year (Section I — European Parliament)

Official Journal L 158 , 17/06/2002 P. 0043 - 0054

Decision of the European Parliamentof 10 April 2002concerning discharge in respect of the implementation of the general budget of the European Union for the 2000 financial year (Section I - European Parliament)(2002/449/EC, ECSC, Euratom)THE EUROPEAN PARLIAMENT,- Having regard to the revenue and expenditure account and balance sheet in respect of the financial year 2000 (SEC(2001) 530 - C5-0238/2001),- Having regard to the annual report of the Court of Auditors for the financial year 2000 and the institutions' replies (C5-0617/2001)(1),- Having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (C5-0617/2001),- Having regard to Article 275 of the EC Treaty, Article 78d of the ECSC Treaty and Article 179a of the Euratom Treaty,- Having regard to Article 77 of the Financial Regulation and Article 13 of the internal rules for the implementation of the European Parliament's budget,- Having regard to its Rules of Procedure, and in particular Rule 184(3) thereof,- Having regard to the report of the Committee on Budgetary Control (A5-0098/2002),1. Takes note of the figures with which the European Parliament's accounts for the 2000 financial year were closed, namely:>TABLE>Implementation of the budget2. Notes the high level of implementation of the budget as evidenced by:- the high take-up rate of available appropriations in the 2000 financial year (99,28 % as against 98,97 % in 1999),- the broadly comparable level of the use of appropriations automatically carried over from 1999 (91,16 % compared to 91,96 % from 1998 to 1999),- the increase in the ratio of payments to commitments (91,05 % as against 88,68 % in 1999);3. Recognises, however, that the generally favourable picture with regard to the take-up rate is distorted by the systematic recourse to the end-of-year mopping-up transfer which, in recent years, has been used to collect appropriations available throughout Parliament's budget in order to make capital injections by way of early repayment of the amounts due in respect of the Institution's buildings;4. Notes as regards the level of utilisation of appropriations on individual budget lines that it was possible for EUR 4410000 to be transferred from item 1100 (salaries) and EUR 4200000 from item 1870 (interpreters and conference technicians) as part of mopping-up transfer C10 followed by a further EUR 700000 from item 1870 as part of transfer C-10 (complementary); recalls that the Administration's failure to keep an adequate record of interpreting costs during 2000 led to the Financial Controller's withholding of approval No 01/06; instructs the Administration to inform it, no later than 1 July 2002, of the outcome of the administrative enquiry which was promised in the overruling decision signed by the President on 13 December 2001;5. Welcomes the information contained in the Financial Controller's report to the Institution No 01/01 that the error rate (defined in terms of budgetary documents returned for correction and completion, as a percentage of the total number submitted) fell from 8,4 % in 1999 to 7 % in 2000 and that of the total number of documents controlled (33335) only eight ultimately gave rise to a withholding of approval by the Financial Controller, five of which were overruled, both figures representing a downward trend; is concerned that the large number of errors, which are now detected and set right because of the activity of the Financial Controller, will go undetected when and if ex ante verification is abolished on the introduction of the proposed internal audit system;6. Notes the conclusion of the Court of Auditors in its communication of 12 November 2001 concerning decisions to overrule withholdings of approval during the financial year 2000 that this aspect of internal control is operating normally in that it has revealed anomalies in administrative management;7. Notes, however, that several cases giving rise to withholdings of approval in 2000 did not involve a "prior legal obligation"; questions whether these should have been put forward by the Administration for overruling; insists that authorising officers must take personal responsibility for errors and legal infractions that give rise to such cases; calls on the Administration to take rapid corrective action, including the immediate cancellation of the proposals in question, rather than follow the current quasi-automatic recourse to the overruling procedure;Presentation of the accounts8. Notes the Court's observation in its annual report for 2000 (paragraph 7.3) that the general approach adopted by the institutions to the analysis of budgetary management fails to inform readers of the most significant features of expenditure for the year and its criticism that Parliament does not explain the procedure for applying unused appropriations on other lines to capital repayments on buildings; agrees with the Court that the institutions in general and the European Parliament in particular should provide a more global analysis in the future, focusing on the main trends in expenditure and the major capital items, as well as identifying key savings and measures of efficiency;9. Believes that Parliament's accounts, comprising the balance sheet and revenue and expenditure account, as published with those of all the institutions in the "compte de gestion"(2) produced by the Commission should accordingly be presented in a more user-friendly form (by analogy with a company's report to its shareholders) in such a way as to be accessible to the citizens of the Union and to be readily understandable to the ordinary reader without requiring specialist knowledge of accountancy or the financial workings of the European Union;10. Instructs its Secretary-General to submit a working document on the feasibility and overall implications of revising the presentation of Parliament's accounts to its Committee on Budgetary Control by 1 July 2002;11. Points out that while the Court of Auditors gives a single Statement of Assurance based on the consolidated accounts of all revenue and expenditure of the Community in accordance with Article 248(1) of the EC Treaty, that Statement of Assurance nevertheless contains remarks concerning the legality and regularity of the transactions carried out by individual institutions; asks the Court in the interests of greater transparency to examine the possibility of issuing a separate Statement of Assurance for each Institution in its next annual report; requests its Secretary-General to make available to the Budgetary Control Committee the sector letter from the Court of Auditors and the Administration's replies;12. Observes that since Parliament's statement of revenue includes amounts of EUR 19600463 in respect of staff pension contributions (Article 401) and EUR 1290126 in respect of Members' pension contributions (Article 910), it would be desirable for Parliament's balance sheet to include an explanation of the way such potential liabilities are to be discharged, e.g. by reference to the notes on off-balance-sheet commitments appended to the European Union's consolidated accounts;Management13. Welcomes the progress made in the introduction of activity-based management into the management of the European Parliament, but regards the results as quite modest and preliminary; calls for more ambitious steps to be taken; underlines the need to delegate power and responsibilities to a lower level of administration and the need to clarify and enforce the individual duties and responsibilities of each member of staff;14. Notes the recommendations of the European Parliament "ROME-PE" interim report on staff policy(3) on improving the efficiency of European Parliament human resources; suggests that the recommendations be taken into account along with existing staff reform proposals with a view to promoting efficient management and clarifying the personal responsibility and accountability of officials;15. Underlines Parliament's commitment to establish an independent internal audit service in accordance with Council Regulation (EC, ECSC, Euratom) No 762/2001 amending Article 24 of the Financial Regulation(4); notes the Bureau decision of 28 November 2001 to set up such a service; stresses that the service must be independent with the possibility of communicating directly to the President of Parliament when issues of gravity come to the attention of the internal auditor; urges the Bureau to approve the necessary changes to its Internal Financial Rules as a matter of priority; considers that the internal auditor must be a highly qualified and experienced audit professional who is able to perform his duties in a fully independent manner and in accordance with the relevant international standards; believes that the recent experiences of certain banks and large conglomerates, which suffered catastrophic losses due to weak internal controls show that the weakening of control mechanisms would be detrimental to the sound management of European taxpayer's money; insists that the independence of controllers and of the control function be safeguarded from being subordinated to expenditure managers;Staff policy16. Supports the principle underlying the policy of staff mobility; accepts the need, in exceptional cases, for flexibility in order to maintain continuity and stability at particular times when officials with considerable expertise in a given field are necessary to the completion of important tasks; considers that Parliament should make more use of non-permanent staff to carry out certain specialist tasks;17. Regrets the low proportion of women in positions of responsibility; requests the Secretary-General to reflect on this shortage and, when new posts are filled, seek to strike a balance between men and women;18. Points out that Parliament has repeatedly committed itself to equal opportunities, in particular the promotion of women to senior posts in the European institutions; points in this connection to its resolution of 11 February 1994 on women in decision making bodies(5), which called on the European institutions, as employers, to lay down targets for the recruitment of women and the proportion of women in top posts and, should those targets not be achieved by 2000, to introduce quota arrangements (targets to 2000: 40 % for women's recruitment; 30 % for women in category A), with the same percentage in all grades;19. Very much deplores the fact that that commitment by Parliament has not been acted on; notes that, in the period from July 2000 to December 2001, for three A 1 posts men were appointed, for three A 2 posts only one woman was appointed, and for 12 A 3 posts, no woman was appointed, though there had been applications from women for many of the posts; criticises the situation in Parliament, which is alarming at present; asks, in addition, to be informed of the status of COPEC in recruitment and promotion procedures;20. Insists that from now on, as is the case at the Commission, a yearly number of appointments of women to senior posts (A 3, A 2 and A 1) be laid down, and reserves the right to challenge all further promotions to those posts if the Appointing Authority does not appoint women whose applications were accepted;21. Encourages the Administration to take all appropriate action to make part-time working possible, if applied for by officials, in all Directorates-General;22. Is aware of the relatively low level of women in senior positions in Parliament's administration; urges its Secretary-General to pursue a policy of interinstitutional mobility to widen the pool of suitable female candidates to Parliament's senior posts;23. Notes that the application of the rules governing the exchange of officials with national and regional administrations gave rise to two withholdings of approval in 2000 (Nos 00/04 and 00/08), for which the Administration did not seek an overruling decision; asks the Secretary-General to report on the application of the policy of exchanging officials since these events took place;24. Notes the cases illustrating the potential for abuse in the system for weighting of staff pensions, which were brought to light in the Financial Controller's reports to the Institution Nos 00/03 and 01/01; observes that the Administration has now revised its internal procedures in accordance with the Financial Controller's recommendations; asks the Secretary-General to maintain a vigilant approach to the verification of pensioners' declarations of place of residence; calls on its Committee on Legal Affairs and the Internal Market to consider, when it examines the upcoming Commission proposal to amend the Staff Regulations, whether the existing system of weighting of staff pensions should be maintained;25. Expresses its satisfaction at the continuing downward trend in the overall number and cost of missions of staff between the three working places of Parliament and particularly between Luxembourg and Brussels as evidenced by the following figures:>TABLE>26. Recalls paragraph 9 of its decision of 4 April 2001(6) on Parliament's discharge for 1999 referring to OLAF investigations into the issues arising from Withholdings of Approval Nos 99/07 and 99/09 and invites OLAF to communicate its findings forthwith;Training27. Underlines the importance of making more efficient use of existing human resources through training and redeployment rather than recourse to increasing the establishment plan;28. Whilst welcoming introductory courses in accounting and auditing, considers that such courses are no substitute for sound professional qualifications and commercial experience; reliance on brief courses is quite inadequate for managers;29. Urges that, in addition to mandatory financial management training for all new authorising officers, all officials with management responsibility should be required to complete a course in human resource management; those already in management posts should be encouraged to do likewise;30. Expresses surprise that the number of officials participating in professional training programmes in 2000 fell from that in 1999 as did the number of courses available; stresses that all officials should have the opportunity to develop new skills as well as to improve existing ones; encourages the emphasis on vocational skills of particular benefit to the service;31. Recognises the work already begun in each Directorate General to establish their own training plans and the availability of on-line subscription to professional training courses for staff; recognises the need to support training possibilities if Parliament is to meet its new challenges and work more efficiently;Recruitment32. Considers that open competitions should be conducted on an interinstitutional basis and that Parliament, like other institutions, should be able to recruit from a common list of successful candidates in order to ensure a common European civil service, make cost savings and improve subsequent mobility between the institutions; awaits the definitive decision setting up an interinstitutional recruitment office; considers that an analysis of applicants' teamworking skills should be duly taken into account in the recruitment process;Places of work and buildings33. Notes that even the variable costs of an ordinary five-day session in Strasbourg are about 33 % higher than in Brussels in addition to other, much higher costs due to buildings, hotel expenses etc; admits that the decision on the meeting places of the Parliament has been laid down in the Treaty, but against the will of the Parliament; instructs its Secretary-General to provide the Convention with a detailed analysis of the cost of maintaining three places of work;34. Observes, however, that reducing the length of a Strasbourg part-session from five to four days, cutting it by one eighth, produces a derisory level of savings (0,97 % of the total cost of the meeting);35. Stresses firmly that the issue of the investment cost of the new LOW building in Strasbourg has to be solved immediately, and calls on the main partners and main shareholders of the promoter of the building, the city of Strasbourg and the Alsace Region to contribute in solving this issue; regrets that the Parliament has had to refer to the European Court of Justice to settle the dispute on the contractual completion date of the LOW building; underlines that the disputes between the promoter and the subcontractors of the LOW building shall not have any influence on the final investment cost;36. Recalls that the signing of the contract for the LOW building was the subject of Special Report No 5/95(7) by the Court of Auditors; further recalls paragraphs 13, 14 and 15 of its resolution of 13 April 2000(8), postponing the decision on the 1998 Parliament discharge, in which it expressed concerns in relation to the application of the interim interest payments and penalties for late delivery; insists that no further capital repayments should be made until the final investment cost has been agreed between the parties or otherwise determined;37. Stresses the need for economising the use of space in order to limit the budgetary cost of the new D4/D5 buildings;38. Takes note of the evaluation of the use of the garage, indicating that no more parking spaces will be needed for the EP in Brussels even after enlargement;39. Instructs its Secretary-General in accordance with the recommendation of the Court of Auditors in its annual report for 2000 (paragraph 7.35) to amend its budgetary nomenclature so as to distinguish between rent, costs of acquisition and other types of expenditure, such as lease payments where there is an option to purchase;40. Notes that Parliament paid off the D1, D2 and D3 buildings in Brussels on 15 January 2001 and that the successful strategy of capital injection will permit substantial savings on future interest payments on outstanding capital;Political groups41. Recalls that in 2000 the use by the political groups of the appropriations made available to them by the European Parliament from budget items 3 7 0 7 and 3 7 0 8 was governed by the rules adopted by the Bureau on 14 December 1998; notes that while budget items 3 7 0 7 and 3 7 0 8 in 2000 accounted for around 3 % of Parliament's budget, the Court of Auditors(9) estimates the total share attributable to the political groups (items 3 7 0 7, 3 7 0 8 together with staff, premises and equipment) at 13 %; points out that according to the relevant Bureau rules the reports by the political groups on their utilisation of appropriations for 2000 are in the public domain(10); notes the Bureau ruling on budget line 3 7 0 1 following the answers from the political groups to the Court of Auditors' Special Report;42. Recalls that the relevant Bureau rules(11) empower the Committee on Budgetary Control each year to draw up a report on the basis of the statements of income and expenditure, the balance sheet and auditor's certificate forwarded by the political groups;43. Notes that there is a tension between the necessity of separating the responsibilities of Parliament's administration and those of the political groups on the one hand and the Financial Regulation on the other which does not explicitly provide for any such separation; instructs its Bureau to ensure that Parliament's implementating rules of the Financial Regulation include a provision identifying the specific status of political groups so that their particular responsibilities can be clearly and properly regulated; recalls the remarks by the Court of Auditors that the differing audit procedures employed by the various auditors mean that these external audits have had limited effectiveness in assessing overall control mechanisms on the 3 7 0 1 budget line; expects the situation to show marked improvement in the future following the decision to limit the choice of external auditors to a short list of internationally recognised audit firms and a common audit framework;44. Takes the view that, in consideration of the discharge decision of 6 July 2000(12), the rules for the spending and responsibility of the political groups must be more clearly and precisely defined within the framework of the information campaign to allow for party political identification of Members in their respective national contexts and to avoid the collective liability of all political groupings; asks the Bureau to undertake the corresponding revision;45. Observes as regards the certificates issued by the external auditors selected by the political groups that the information and guarantees as to the reliability of the accounts contained therein and the verifications carried out by the auditor display very considerable variations from one group to another;46. Notes that the statements of income and expenditure disclose in 2000 a relatively low level of utilisation of appropriations and a consequently high level of carry-overs to the following year and acknowledges the remarks by the Court of Auditors in its Special Report No 13/2000 (paragraph 19) as to the risk of poor financial management unless such carry-overs are accompanied by a corresponding volume of commitments;47. Notes as regards the political groups' balance sheets that they do not in general contain sufficiently clear information on the assets which the political groups acquire with the appropriations made available by the European Parliament, nor, as the Court of Auditors points out in its Annual Report for 2000 (paragraph 7.10), do such assets appear in the balance sheet of the Institution;48. Endorses the Court of Auditors' recommendations in its Special Report No 13/2000 (paragraph 48) that the political groups' certified accounts should be published; instructs its Secretary-General to set aside a section within Parliament's website for the publication of the certified accounts of the political groups;49. Repeats the request set out in its resolution of 13 April 2000(13) and its abovementioned decision of 4 April 2001 that the Court of Auditors conduct an audit of the political groups' finances every two years with a view to assisting the Committee on Budgetary Control in drawing up the report required by Article 2.7.3 of the rules governing the use of appropriations from budget item 3 7 0 1(14);50. Notes the observation of the Court of Auditors in its Special Report No 13/2000 (paragraph 21), that in relations with third parties, decisions taken by political groups as to employment, rental and purchase contracts are considered as being taken with Parliament's authority and to engage its responsibility; recognises that this often results in Parliament's administration being held liable for decisions outside its control; calls on the Legal Service to draw up an opinion recommending a solution to this issue of financial and contractual liability and for clear rules to be put in place which clearly indicate the responsibilities concerning the execution of the budget and personnel (including claims and questions regarding labour laws) between Parliament's administration and the political groups;51. Observes that two years after the publication of Special Report No 13/2000 by the Court of Auditors, a proper legal base for the transparent financing of European political parties has still not been approved; criticises in particular the Council for failing to capitalise on progress achieved under the Belgian Presidency in this regard and calls on the Spanish and Danish Presidencies to ensure that agreement is reached this year;Non-attached Members52. Instructs its Committee on Budgetary Control to carry out a full and detailed examination in the context of the 2001 discharge procedure, equivalent to that carried out for the political groups, of the subsidies payable to non-attached Members;Inventory53. Welcomes the fact that for the first time the value of the fixed assets recorded in the balance sheet has been adjusted to reflect depreciation(15); repeats the request contained in its resolution(16) of 6 July 2000 for the balance sheet for every year to include a detailed account of the physical permanent inventory; notes the Financial Controller's conclusion(17) that the introduction of the ELS system has provided a framework for improving the management, control and recording of inventory movements but that there remains scope for further strengthening internal controls, notably over the decommissioning process;54. Notes the reply (Court's annual report 2000, paragraph 7.10) by the European Parliament that it is aware that its inventory does not show assets purchased by the political groups using appropriations made available to them and that it will try to find a solution with the assistance of the political groups;55. Recalls the Court's recommendation in its Special Report No 13/2000 (paragraph 66) that clear rules must be laid down in respect of ownership and inventory of assets acquired using the relevant appropriations in order to ensure the protection and optimum management of all the equipment at the groups' disposal; recalls the finding by the Court of Auditors (Special Report No 13/2000, paragraph 23) that the appropriations earmarked for the political groups are not a subsidy to an external body but a delegation of the implementation of these appropriations to an internal body, which should therefore comply with the regulatory framework applicable to budgetary expenditure; instructs its Secretary-General to submit a report to the Committee on Budgetary Control by 1 July 2002 containing proposals as to how the assets purchased by the political groups using Parliament's funds might be included in the Institution's inventory;Award of contracts56. Acknowledges that the Secretary-General now provides the Committee on Budgetary Control with the quarterly reports of the ACPC (Advisory Committee on Procurements and Contracts) as requested in its decision of 4 April 2001; notes that according to the Annual Report for 2000 by the ACPC there is a continuing trend towards competitive tendering for the award of contracts compared to the conclusion of contracts by private treaty or negotiated procedures, as shown in the following table, but regards the level of non-competitive contracts as still too high:>TABLE>57. Recalls the need to publicise competitive tendering procedures as widely as possible including approaches to professional bodies, trade associations and advertisements in specialised journals; recommends that in order to ensure maximum transparency in the case of restricted calls for tender, competitive tendering should be organised only after publication of a call for expressions of interest or a prior information notice in the Official Journal of the European Communities and on the Internet;58. Insists that in restricted procedures the geographical base of the suppliers invited to tender should be as wide as possible; welcomes the information contained in the ACPC report for 2000 that on the instructions of the Secretary-General, in order to enhance legal certainty and to reduce the length of procedures, standardised contract documents and general conditions have been drawn up and made available to Parliament's services in all languages; urges increased use of environmental product-lifecycle criteria;Contract for security services in Strasbourg59. Recalls that in accordance with paragraph 16 of Parliament's abovementioned resolution of 13 April 2000 postponing the 1998 discharge, the Court of Auditors was asked to examine problems in connection with its contracts for security services and, in particular, the applicability to a specific call for tender of a French national provision applying to the security sector; notes that the Court shares the concerns expressed by the Financial Controller when issuing Withholding of Approval No 00/05; asks the Legal Service for an opinion on the compatibility of this aspect of French law with Community law with a view to ensuring fair competition in such contract procedures;60. Points out that the Bureau's decision to overrule the withholding of approval was taken on the basis of the advice of Parliament's Legal Service containing an assessment of the relevant provisions of national and Community law; asks, nevertheless, the Secretary-General to ensure that on the occasion of the next renewal of the Strasbourg security contract the outgoing contractor provides the necessary information to potential successors at the appropriate stage in the tender procedure;Imprest accounts61. Questions whether imprest accounts are still necessary and requests the Secretary-General to give a justification for their continuation;Information policy62. Points to the relatively meagre budgetary resources allocated to Information and Communication (EUR 25 million in 2000, representing only 2,5 % of the total budget for the Parliament); notes that almost half of that amount is used by the visitors' programme which should itself be modernised; expects therewith the observance of comprehensible standards for distance-related allowances; recommends the consequent need for an appropriate increase in budgetary resources for information in parallel with a strategic review of the content and methods of Parliament's information policy and better synergy with other Institutions;63. Notes the very high percentage of young people making up nearly half of all visitors to Parliament through the visitors' programme; points to the need to redesign the visitors' programme in such a way as to hold greater appeal for younger people, for example, by maximising use of audiovisual and multimedia facilities, and using interactive, pedagogical tools;64. Underlines the pivotal role of the European Parliament's external information offices in disseminating information about the Institution in Member States as well as collating public reaction and response; believes that the launching of the public debate on the future of Europe makes this a matter of urgency; notes that the sharing of premises with the Commission, joint implementation of the Prince programme and the inter-institutional working party on information, facilitate cost-savings which can be used to improve performance; asks to be kept informed of the work of the interinstitutional working group on information;65. Is aware of the annual work programme objectives set out by DG III (Directorate-General for Information and Public Relations) for the information offices and calls for rigorous assessment of whether the objectives are being achieved and providing value for money; approves of the emphasis on building closer relations with the visual media at national and regional level as well as making better use of MEPs in those areas to personalise the work of Parliament to the public; requests that all Members be provided on request with presentational material (e.g. overhead projection slides, videos, etc.) that can assist them in explaining the role and functioning of Parliament to visitors groups and their electorate;66. Invites the Parliament governing bodies to apply a policy of transparency regarding their practices on subventions and allowances, making public, in a user-friendly form, the regulations as well as any other decisions or interpretations, relevant for the calculations of allowances and subventions for the transport of visitors;67. Notes that the Parliament's public website is not currently managed by DG III; considers that the Parliament's internet activities should form an integral part of Parliament's information and public relations activities, and that this could constitute a more efficient use of resources; therefore calls on its Secretary-General to examine the possibility of transferring responsibility for maintaining Parliament's internet activities to DG III;68. Considers that the unpublished rule followed by the Administration, by which no mixed group of visitors of different Member States is accepted, to be contrary to the basic objective of promoting European contacts which lies at the heart of the programme; considers that the European Parliament rules and procedures, namely those regarding groups of visitors, should give more attention to the goals of the programmes than to their perceived administrative burden;Members' allowances69. Recalls that on 10 April and 6 July 2000 the Bureau adopted amendments to Article 14 of the Rules on Members' expenses and allowances(18) for entry into force on 1 January 2001; points out that in the course of its audit work the Court of Auditors expressed the view that Parliament's Administration and the Financial Controller should review the new arrangements and report on compliance with the Financial Regulation by the end of 2001; asks the Secretary-General to submit a report to the Committee on Budgetary Control by 1 July 2002;70. Recognises the importance of ensuring that the necessary safeguards are in place for the protection of the rights of all assistants who are employees of Members, including proper insurance and social security cover, and for this to be achieved through the full implementation by Parliament's governing bodies of Article 14 of the Rules governing the payment of expenses and allowances to Members and through adoption of an Assistants' Statute;71. Believes that the status and contractual arrangements related to parliamentary assistants need to be clarified through the establishment of a statute for this category of staff; is of the opinion that such a statute should provide a regulated basis for the employment of all accredited assistants (working on a full or part-time basis for one or more Members); considers that such a statute should nevertheless provide an exemption for service providers hired to carry out specific and time-limited tasks; underlines that whilst the Members themselves remain responsible for the appointment, category of remuneration and dismissal of their personal staff, it is Parliament's administration that must take overall responsibility for the administrative and contractual arrangements related to remuneration and social security being carried out in a proper and transparent manner;72. Recalls the Court of Auditors' recommendations for the payments made regarding travel and subsistence expenses and allowances to reflect the real cost of travelling and the real time of displacement; recalls that this system is already used by the Administration whenever a Member has meetings outside the European Community's territory (Article 3 of the Rules on Members' expenses and allowances);The case relating to the Members' Cash Office73. Notes that the procedure provided for in Article 22 of the Staff Regulations has been initiated and is at a preparatory stage with a view to defining responsibilities in connection with the discrepancy of BEF 4136125 between the current cash situation and the corresponding accounts in 1982; requests a clear update on this affair which has dragged on for almost 20 years;Environment74. Considers that further effort should be made to reduce the amount of paper used in Parliament; calls on its Secretary-General to examine the development of a secure intranet-based interface for the submission and signature of amendments, parliamentary questions, written declarations, and other parliamentary forms and documents currently submitted on paper; believes that this would also lead to other efficiency gains; instructs its Secretary-General to cease the paper distribution of those parliamentary documents (such as committee agendas, communications to Members etc.) which can be also be made available by e-mail or through the intranet, and to make multiple copies of public relations' material available to Members only on request;75. Underlines the necessity of implementing "green housekeeping principles" for new buildings (e.g. a sustainable mobility plan including the installation of a mobility management centre/desk, potential for energy efficiency and use of renewables);76. Instructs its Secretary-General to improve environmental management routines and to present yearly figures for consumption of paper, water, energy and other major indicators;Conclusion77. Draws the attention of the Administration to the serious concerns, expressed in this resolution, about a wide range of management weaknesses affecting many areas of budget implementation and calls on it to draw the necessary conclusions;78. Gives its Secretary-General discharge in respect of the implementation of the budget for the 2000 financial year;79. Authorises the giving of discharge to the Accounting Officer for the 2000 financial year;80. Instructs its President to forward this decision to the Commission, the Council, the Court of Justice, the Court of Auditors and the European Ombudsman and to have it published in the Official Journal (L series).The Secretary-GeneralJulian PriestleyThe PresidentPat Cox(1) OJ C 359, 15.12.2001.(2) Compte de gestion et bilan financier afférents aux opérations du budget de l'exercice 2000 (volume III - SEC(2001)530 - FR)(3) PE 305.179/BUR (ROME = "répertoire opérationnelle des métiers et emplois").(4) OJ L 111, 20.4.2001, p. 1.(5) OJ C 61, 28.2.1994, p. 248.(6) OJ L 160, 15.6.2001, p. 25.(7) OJ C 27, 31.1.1996, p. 1.(8) OJ C 40, 7.2.2001, p. 398.(9) Special Report no 13/2000 on the expenditure of the European Parliament's political groups together with the European Parliament's replies, footnote to paragraph 5 (OJ C 181, 28.6.2000).(10) Article 8 of the rules governing item 3 7 0 7 and Article 5 of the rules governing item 3 7 0 8 (see Bureau minutes of 14.12.1998).(11) See footnote above and the Bureau's rules governing budget item 3 7 0 1 which were adopted on 11 December 2000 and entered into force on 1 January 2001.(12) OJ C 121, 24.4.2001, p. 366.(13) OJ C 40, 7.2.2001, p. 398.(14) PE 298.252/BUR/def - see Bureau minutes 11.12.2000 and 1.2.2001.(15) Notes accompanying Parliament's balance sheet, "compte de gestion", p. 96.(16) OJ C 121, 24.4.2001, p. 366.(17) Report to the Institution No 01/01 with replies (note from Secretary-General to the Bureau dated 24.4.2001).(18) PE 133.116/Quaest.


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31999D0162

1999/162/EC: Council Decision of 22 February 1999 appointing an alternate member of the Committee of the Regions

Official Journal L 054 , 02/03/1999 P. 0018 - 0018

COUNCIL DECISION of 22 February 1999 appointing an alternate member of the Committee of the Regions (1999/162/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to Council Decision 98/110/EC of 26 January 1998 (1), appointing members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee has become vacant following the resignation of Mr Arnold Vaatz, alternate member, notified to the Council on 29 January 1999;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole Article Mr Mathias Rössler is hereby appointed an alternate member of the Committee of the Regions in place of Mr Arnold Vaatz for the remainder of the latter's term of office, which runs until 25 January 2002.Done at Luxembourg, 22 February 1999.For the CouncilThe PresidentH.-F. von PLOETZ(1) OJ L 28, 4. 2. 1998, p. 19.


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32000D0746

2000/746/EC: Council Decision of 27 November 2000 authorising the French Republic to apply a measure derogating from Article 11 of the sixth Directive (77/388/EEC) relating to the common system of value added tax

Official Journal L 302 , 01/12/2000 P. 0061 - 0062

Council Decisionof 27 November 2000authorising the French Republic to apply a measure derogating from Article 11 of the sixth Directive (77/388/EEC) relating to the common system of value added tax(2000/746/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonisation of the laws of Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(1), hereinafter referred to as "the sixth VAT Directive", and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas:(1) In a letter registered by the Commission's Secretariat-General on 17 May 2000, the Government of the French Republic requested authorisation on the basis of Article 27 of the Sixth VAT Directive to apply a measure derogating from Article 11(A)(1)(a) of the Directive.(2) Under Article 27(1) of the sixth VAT Directive, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce special measures for derogation from the provisions of the Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance.(3) In accordance with the said Article 27, the other Member States were informed of the request from the French Republic by letter dated 14 June 2000.(4) Article 11(A)(1)(a) of the sixth VAT Directive states that, in principle, the taxable amount in respect of supplies of goods and services shall be everything which constitutes the consideration which has been or is to be obtained by the supplier for such supplies from the purchaser, the customer or a third party.(5) The French Republic, by way of derogation from these provisions, has requested authorisation to include in the taxable amount for a transaction involving the working of investment gold the value of the raw material provided by the purchaser of the service and used to make the finished product.(6) The aim of the derogation is to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance. It therefore meets the conditions set out in Article 27 of the sixth VAT Directive.(7) The forms of tax evasion or avoidance in question consist mainly of the initial purchase of VAT-exempt investment gold which is then worked to make jewellery or other goods, without VAT being charged on the value of investment gold included in the transaction concerned.(8) The derogation is granted until 31 December 2004, so that an assessment can be made as to whether it is appropriate in the light of changes in the practical application of the special system for investment gold established by Directive 98/80/EC(2).(9) The derogation has no negative impact on the European Communities' own resources derived from value added tax,HAS ADOPTED THIS DECISION:Article 1The French Republic is authorised, by derogation from Article 11(A)(1)(a) of the sixth VAT Directive, to include in the taxable amount in respect of the supply of goods or services comprising the working of tax-exempt investment gold the value of the gold contained in the finished product based on the current market value of the investment gold.Article 2The authorisation granted under Article 1 shall expire on 31 December 2004.Article 3This Decision is addressed to the French Republic.Done at Brussels, 27 November 2000.For the CouncilThe PresidentL. Fabius(1) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2000/65/EC (OJ L 269, 21.10.2000, p. 44).(2) OJ L 281, 17.10.1998, p. 31.


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 1973 and on the report of the Audit Board

text:
26 . 2 . 77                         Official Journal of the European Communities                          No L 54/33
                                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 1973 and on
                                            the report of the Audit Board
THE EUROPEAN PARLIAMENT,                                      Commission should have consulted the budgetary
                                                              authority before entering into such a large and costly
— having regard to the revenue and expenditure                transaction for which, moreover, no provision was
     accounts and statements of the assets and liabili
                                                              made at the beginning of the financial year ;
     ties of the Communities for the accountancy proce
     dures in respect of the 1973 budget and the
     accounts of the Euratom Supply Agency (Doc.
     120/75),
— having regard to the report of the Audit Board on           4. Rejects the Commission s argument that, as only
     the accounts for the financial year 1973 and the         a small proportion of the EAGGF Guarantee Section
     answers of the institutions to the report (Doc .         appropriations had been used by April 1973, adequate
                                                              funds   were    available  to cover    this transaction ;
     120/75),
                                                              considers this argument to be inconsistent with the
— having regard to the Council Decision of 1 June             principle of the budget as a forecasting instrument ;
     1976 on the giving of a discharge to the Commis
     sion (Doc . 169/76),
— having regard to the report of the Committee on
     Budgets (Doc. 460/76),                                   5, Decides, however, to give a discharge to the
1 . Notes with the Council that the expenditure of            Commission in respect of the implementation of the
the Communities in the financial year 1973 was                 1973 budgets, given that the Commission has under
4 641 014 061-60 units of account (u.a .) ;                   taken to consult the budgetary authority in future
                                                              before taking any decision which is of special political
2.     Notes that the receipts were broken down as            importance or which, owing to its volume, exceeds the
follows :                                                     scope of normal administrative procedures and has
(a) own resources :                 2 496 557 331-49 u.a.     budgetary consequences for which no provision has
(b) financial contributions :       2 087 329 476-14 u.a.     been made at the beginning of the financial year ;
(c) miscellaneous revenue :             57 127 253-97 u.a.
                            Total : 4 641 014 061-60 u.a .
                                                              6.    Refers to the resolution on the comments accom
                      1973 discharge                          panying the Decisions giving discharge and asks the
                                                              Commission to report on the measures taken
3.     Notes that, as far as the export of 200 000 metric     following these comments in accordance with Article
tons of butter to the Soviet Union is concerned, the          92 of the Financial Regulation .


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31981D0307

81/307/EEC: Commission Decision of 21 April 1981 amending Decision 77/533/EEC setting up within the Advisory Committee on Feedingstuffs a Special Section on the Approximation of Laws

Official Journal L 126 , 12/05/1981 P. 0027 - 0028 Spanish special edition: Chapter 03 Volume 21 P. 0196  Portuguese special edition Chapter 03 Volume 21 P. 0196

****( 1 ) OJ NO L 211 , 19 . 8 . 1977 , P . 10 .    COMMISSION DECISION   OF 21 APRIL 1981   AMENDING DECISION 77/533/EEC SETTING UP WITHIN THE ADVISORY COMMITTEE ON FEEDINGSTUFFS A SPECIAL SECTION ON THE APPROXIMATION OF LAWS  ( 81/307/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   WHEREAS A SPECIAL SECTION ON THE APPROXIMATION OF LAWS WAS SET UP WITHIN THE ADVISORY COMMITTEE ON FEEDINGSTUFFS BY COMMISSION DECISION 77/533/EEC ( 1 ),   WHEREAS THE RULES GOVERNING THE SPECIAL SECTION SHOULD BE ADJUSTED IN THE LIGHT OF EXPERIENCE GAINED SINCE ITS CREATION ON 29 JULY 1977 ;   WHEREAS , FOLLOWING THE DISSOLUTION OF THE COMMITTEE OF COMMERCIAL ORGANIZATIONS IN THE EEC COUNTRIES ( COCCEE ), ONE OF THE BODIES REFERRED TO IN ARTICLE 4 ( 1 ) OF COMMISSION DECISION 77/533/EEC , NEW ORGANIZATIONS REPRESENTING COMMERCE WITHIN THE COMMUNITY SHOULD BE LISTED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   DECISION 77/533/EEC IS HEREBY AMENDED AS FOLLOWS :   1 . ARTICLE 3 SHALL BE REPLACED BY THE FOLLOWING :   ' ARTICLE 3   1 .  THE SECTION SHALL COMPRISE 12 PERMANENT MEMBERS AND A MAXIMUM OF 24 NON-PERMANENT MEMBERS .   2 .  THE PERMANENT MEMBERS SHALL BE RESPONSIBLE FOR COORDINATING WORK WITHIN THEIR GROUP .   3 .  SEATS FOR PERMANENT MEMBERS SHALL BE ALLOCATED AS FOLLOWS :   -  TWO TO AGRICULTURAL PRODUCERS ,   -  TWO TO AGRICULTURAL COOPERATIVES ,   -  TWO TO INDUSTRY ,   -  TWO TO COMMERCE ,   -  TWO TO WORKERS ,   -  TWO TO CONSUMERS .   4 .  THE INTERESTS LISTED IN PARAGRAPH 3 MAY EACH APPOINT A MAXIMUM OF FOUR NON-PERMANENT MEMBERS . '   2 . ARTICLE 4 SHALL BE REPLACED BY THE FOLLOWING :   ' ARTICLE 4   1 .  THE PERMANENT MEMBERS OF THE SECTION SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE FOLLOWING BODIES :   -  AGRICULTURAL PRODUCERS :   THE COMMITTEE OF AGRICULTURAL ORGANIZATIONS IN THE EUROPEAN ECONOMIC COMMUNITY ( COPA ),   -  AGRICULTURAL COOPERATIVES :   THE GENERAL COMMITTEE FOR AGRICULTURAL COOPERATION IN THE EUROPEAN ECONOMIC COMMUNITY ( COGECA ),   -  INDUSTRY :   THE UNION OF INDUSTRIES OF THE EUROPEAN COMMUNITY ( UNICE ),   -  COMMERCE :   THE COMMUNITY-LEVEL TRADE ORGANIZATIONS MOST REPRESENTATIVE OF THAT CATEGORY ,   -  WORKERS :   THE EUROPEAN TRADE UNION CONFEDERATION ( ETUC ),   -  CONSUMERS :   THE CONSUMER ' S CONSULTATIVE COMMITTEE SET UP BY COMMISSION DECISION 73/306/EEC OF 25 SEPTEMBER 1973 ( 1 ).   2 .  THE SAID BODIES SHALL PUT FORWARD TWO CANDIDATES OF DIFFERENT NATIONALITY IN RESPECT OF EACH SEAT TO BE FILLED , EACH FROM A DIFFERENT MEMBER STATE OF THE COMMUNITY .   3 .  THE BODIES REFERRED TO IN PARAGRAPH 1 SHALL PROPOSE TO THE COMMISSION , BY LETTER ADDRESSED AT LEAST EIGHT DAYS BEFORE EACH MEETING TO THE DEPARTMENT OF THE COMMISSION RESPONSIBLE FOR THE PROVISION OF SECRETARIAL SERVICES PURSUANT TO ARTICLE 9 ( 3 ), THEIR OTHER REPRESENTATIVES IN THE SECTION . '   ( 1 ) OJ NO L 283 , 10 . 10 . 1973 , P . 18 .   3 . THE FOLLOWING ARTICLE 9A SHALL BE INSERTED :   ' ARTICLE 9A   1 .  ACTING ON PROPOSALS FROM THE BODIES REFERRED TO IN ARTICLE 4 ( 1 ), THE COMMISSION MAY APPOINT , FOR THE DURATION OF THE TERM OF OFFICE OF THE PERMANENT MEMBERS OF THE SECTION , OBSERVERS RESPONSIBLE FOR THE ADMINISTRATIVE LINKS WITH THE SECTION ' S SECRETARIAT .   2 .  OBSERVERS MAY ATTEND MEETINGS OF THE SECTION AND OF THE WORKING GROUPS ; THEY SHALL NOT TAKE PART IN DISCUSSIONS ' .   ARTICLE 2   THIS DECISION SHALL ENTER INTO FORCE ON 21 APRIL 1981 .   DONE AT BRUSSELS , 21 APRIL 1981 .   FOR THE COMMISSION   POUL DALSAGER   MEMBER OF THE COMMISSION


title: 2013/101/EU: Council Decision of 18 February 2013 appointing one French member and two French alternate members of the Committee of the Regions

text:
               22.2.2013

               EN

               Official Journal of the European Union

               L 49/70

         COUNCIL DECISION
   of 18 February 2013
   appointing one French member and two French alternate members of the Committee of the Regions
   (2013/101/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the French Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Jean-Yves Le DRIAN.

               (3)

               Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Victorin LUREL and Ms Caroline CAYEUX.

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

               (a)

               as member:

                           —

                           Mr Pierrick MASSIOT, président du Conseil régional de Bretagne;

                     and

               (b)

               as alternate members:

                           —

                           Ms Josette BOREL-LECERTIN, présidente du Conseil régional de Guadeloupe,

                           —

                           Mr Daniel DUGLERY, conseiller régional d’Auvergne.

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

      Done at Brussels, 18 February 2013.

            For the Council

            The President

         S. SHERLOCK

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: 2009/797/EC,Euratom: Council Decision of 27 October 2009 appointing one Italian member of the European Economic and Social Committee

text:
               31.10.2009

               EN

               Official Journal of the European Union

               L 285/40

      COUNCIL DECISION

   of 27 October 2009
   appointing one Italian member of the European Economic and Social Committee
   (2009/797/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decisions 2006/524/EC, Euratom (1) and 2006/651/EC, Euratom (2),
   Having regard to the proposal of the Italian Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Susanna FLORIO,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Stefano PALMIERI, responsabile dell’area di ricerca Sviluppo locale e politica industriale dell’IRES CGIL — Istituto di ricerche economiche e sociali Confederazione generale italiana del lavoro (Group II — Employees Group), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 27 October 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 207, 28.7.2006, p. 30.

      (2)  OJ L 269, 28.9.2006, p. 13.


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31996D0292

96/292/EC: Council Decision of 29 April 1996 appointing four members and six alternate members of the Committee of the Regions

Official Journal L 111 , 04/05/1996 P. 0021 - 0021

COUNCIL DECISION of 29 April 1996 appointing four members and six alternate members of the Committee of the Regions (96/292/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to Council Decision 94/65/EC of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),Whereas four seats as members and six seats as alternate members of the Committee have become vacant following the resignations of Mr J. F. Branco Sampaio, Mr J. Lacão Costa, Mr J. B. Mota Amaral and Mr H. H. Apotheker, members, and Mr F. S. Mesquita Machado, Mr R. Lalanda Gonçalves, Ms J. G. Kraaijeveld-Wouters, Mr J. Laan, Mr G. Recchi and Mr A. Krupa, alternate members, notified to the Council on 13 December 1995, 7 November 1995, 12 February 1996, 13 October 1995, 18 April 1996, 13 December 1995, 9 November 1994, 12 February 1996, 22 March 1996 and 16 January 1996 respectively;Having regard to the proposals from the Belgian, Italian, Netherlands and Portuguese Governments,HAS DECIDED AS FOLLOWS:Sole Article 1. Mr J. Barroso Soares is hereby appointed a member of the Committee of the Regions in place of Mr J. F. Branco Sampaio for the remainder of the latter's term of office, which runs until 25 January 1998.2. Mr F. S. Mesquita Machado is hereby appointed a member of the Committee of the Regions in place of Mr J. Lacão Costa for the remainder of the latter's term of office, which runs until 25 January 1998.3. Mr A. R. Madruga da Costa is hereby appointed a member of the Committee of the Regions in place of Mr J. B. Mota Amaral for the remainder of the latter's term of office, which runs until 25 January 1998.4. Mr J. Laan is hereby appointed a member of the Committee of the Regions in place of Mr H. H. Apotheker for the remainder of the latter's term of office, which runs until 25 January 1998.5. Mr N. A. Marques de Carvalho is hereby appointed an alternate member of the Committee of the Regions in place of Mr F. S. Mesquita Machado for the remainder of the latter's term of office, which runs until 25 January 1998.6. Ms B. M. C. A. Melo Cabral is hereby appointed an alternate member of the Committee of the Regions in place of Mr R. Lalanda Gonçalves for the remainder of the latter's term of office, which runs until 25 January 1998.7. Ms A. E. Verstand-Bogaert is hereby appointed an alternate member of the Committee of the Regions in place of Ms J. G. Kraaijeveld-Wouters for the remainder of the latter's term of office, which runs until 25 January 1998.8. Ms J. G. Vliestra is hereby appointed an alternate member of the Committee of the Regions in place of Mr J. Laan for the remainder of the latter's term of office, which runs until 25 January 1998.9. Mr V. D'Ambrosio is hereby appointed an alternate member of the Committee of the Regions in place of Mr G. Recchi for the remainder of the latter's term of office, which runs until 25 January 1998.10. Mr A. Gilles is hereby appointed an alternate member of the Committee of the Regions in place of Mr A. Krupa for the remainder of the latter's term of office, which runs until 25 January 1998.Done at Brussels, 29 April 1996.For the CouncilThe PresidentW. LUCHETTI(1) OJ No L 31, 4. 2. 1994, p. 29.


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31994D0352

94/352/EC: Decision of the European Parliament of 21 April 1994 giving discharge to the Commission in respect of the financial management of the sixth European Development Fund for the financial year 1992

Official Journal L 156 , 23/06/1994 P. 0043 - 0043

DECISION OF THE EUROPEAN PARLIAMENT of 21 April 1994 giving discharge to the Commission in respect of the financial management of the sixth European Development Fund for the financial year 1992 (94/352/EC)THE EUROPEAN PARLIAMENT,  - having regard to the EC Treaty,  - having regard to the third ACP-EEC Convention (1),  - having regard to the balance sheets and revenue and expenditure accounts of the fifth, sixth and seventh European Development Funds for the 1992 financial year (COM(93)0234),  - having regard to the report of the Court of Auditors concerning the financial year 1992 and the replies of the institutions (2),  - having regard to the recommendation of the Council of 25 March 1994 (C3-0151/94),  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A3-0257/94),  1. Grants discharge to the Commission in respect of the financial management of the sixth European Development Fund for the financial year 1992 on the basis of the following amounts:  - Annual revenue Contributions paid ECU 1 650 259 399,63 Sundry receipts ECU 50 967 550,61 - Annual expenditure ECU 914 829 311,80;  2. Records its observations in the resolution which forms part of this decision;  3. Instructs its President to forward this decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European  Communities (L series).  Done at Strasbourg, 21 April 1994.  The Secretary-General Enrico VINCI The President Dr Egon KLEPSCH   (1) OJ No L 86, 31. 1. 1986, p. 1.  (2) OJ No C 309, 16. 11. 1993.


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31982D0286

82/286/EEC: Council Decision of 4 May 1982 concerning the conclusion of the Agreement between the European Economic Community and Spain comprising agreed minutes and a temporary agreement on concerted disciplines concerning imports of cheese into Spain

Official Journal L 131 , 13/05/1982 P. 0020

*****COUNCIL  DECISION  of 4 May 1982  concerning the conclusion of the Agreement between the European Economic Community and Spain comprising agreed minutes and a temporary agreement on concerted disciplines concerning imports of cheese into Spain  (82/286/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 recommendation from the Commission,  Whereas Spain, relying upon Article XIX of the General Agreement on tariffs and trade (GATT), has taken protective measures against imports of cheese of which the European Economic Community is the main supplier;  Whereas the Commission has entered into negotiations with Spain under Article XIX of the GATT; whereas it has reached an agreement with that country; whereas that Agreement has proved satisfactory,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community and Spain, comprising agreed minutes and a temporary agreement on concerted disciplines concerning imports of cheese into Spain, is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 4 May 1982.  For the Council  The President  M. EYSKENS


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31981D1058

81/1058/EEC: Council Decision of 14 December 1981 on the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Sweden on the interconnection of the Community network for data transmission (Euronet) and the Swedish data network for information-retrieval purposes and on the conclusion of a Trilateral Protocol on the purport of the Agreements for data network cooperation concluded by the European Economic Community with, on the one hand, the Swiss Confederation and, on the other hand, the Kingdom of Sweden

Official Journal L 385 , 31/12/1981 P. 0027

+++++( 1 ) OJ NO L 220 , 6 . 8 . 1981 , P . 29 .  COUNCIL DECISION OF 14 DECEMBER 1981 ON THE CONCLUSION OF A COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF SWEDEN ON THE INTERCONNECTION OF THE COMMUNITY NETWORK FOR DATA TRANSMISSION ( EURONET ) AND THE SWEDISH DATA NETWORK FOR INFORMATION-RETRIEVAL PURPOSES AND ON THE CONCLUSION OF A TRILATERAL PROTOCOL ON THE PURPORT OF THE AGREEMENTS FOR DATA NETWORK COOPERATION CONCLUDED BY THE EUROPEAN ECONOMIC COMMUNITY WITH , ON THE ONE HAND , THE SWISS CONFEDERATION AND , ON THE OTHER HAND , THE KINGDOM OF SWEDEN ( 81/1058/EEC )$$  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DECISION 81/599/EEC OF 27 JULY 1981 ADOPTING A THIRD PLAN OF ACTION IN THE FIELD OF INFORMATION AND DOCUMENTATION ( 1981 TO 1983 ) ( 1 ) , AND IN PARTICULAR ARTICLE 3 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  WHEREAS THE COMMISSION HAS NEGOTIATED A COOPERATION AGREEMENT WITH THE KINGDOM OF SWEDEN TO INTERCONNECT THAT COUNTRY'S DATA NETWORK AND EURONET ;  WHEREAS THAT AGREEMENT SHOULD BE CONCLUDED ;  WHEREAS , MOREOVER , THE TRILATERAL PROTOCOL ON THE PURPORT OF THE AGREEMENTS FOR DATA NETWORK COOPERATION CONCLUDED BY THE EUROPEAN ECONOMIC COMMUNITY WITH , ON THE ONE HAND , THE SWISS CONFEDERATION AND , ON THE OTHER HAND , THE KINGDOM OF SWEDEN , SHOULD BE CONCLUDED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF SWEDEN ON THE INTERCONNECTION OF THE COMMUNITY NETWORK FOR DATA TRANSMISSION ( EURONET ) AND THE SWEDISH DATA NETWORK FOR INFORMATION RETRIEVAL PURPOSES IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE AGREEMENT IS ATTACHED HERETO .  ARTICLE 2  THE TRILATERAL PROTOCOL ON THE PURPORT OF THE AGREEMENTS FOR DATA NETWORK COOPERATION CONCLUDED BY THE EUROPEAN ECONOMIC COMMUNITY WITH , ON THE ONE HAND , THE SWISS CONFEDERATION AND , ON THE OTHER HAND , THE KINGDOM OF SWEDEN , IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE PROTOCOL IS ATTACHED HERETO .  ARTICLE 3  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN THE AGREEMENT AND THE PROTOCOL IN ORDER TO BIND THE COMMUNITY .  DONE AT BRUSSELS , 14 DECEMBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  G . HOWE


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31991D0119

91/119/EEC: Council Decision of 25 February 1991 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a European Stimulation Plan for Economic Science (SPES)

Official Journal L 061 , 07/03/1991 P. 0013

COUNCIL DECISION of 25 February 1991 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a European Stimulation Plan for Economic Science (SPES) (91/119/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,Having regard to the proposal from the Commission (1),In cooperation with the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas by Decision 89/118/EEC (4), the Council adopted a European Stimulation Plan for Economic Science (1989 to 1992); whereas Article 5 of this Decision authorizes the Commission to negotiate agreements with third countries and in particular with those European countries having concluded framework agreements for scientific and technical cooperation with the Community with a view to associating them wholly or partly with the programme;Whereas by Decision 87/177/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Kingdom of Norway;Whereas the Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a European Stimulation Plan for Economic Science (SPES) should be approved,HAS DECIDED AS FOLLOWS: Article 1The Cooperation Agreement between the European Economic Community and the Kingdom of Norway on a European Stimulation Plan for Economic Science (SPES) is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision. Article 2The President of the Council shall carry out the notification as provided for in Article 10 of the Agreement.Done at Brussels, 25 February 1991.For the CouncilThe PresidentJ.-C. JUNCKER(1) OJ N° C 148, 16. 6. 1990, p. 1.(2) OJ N° C 284, 12. 11. 1990, p. 72 and Decision of 24 January 1991 (not yet published in the Official Journal).(3) OJ N° C 31, 6. 2. 1991, p. 37.(4) OJ N° L 44, 16. 2. 1989, p. 43.(5) OJ N° L 71, 14. 3. 1987, p. 29.


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41981D0005

81/5/Euratom, ECSC, EEC: Decision of the Representatives of the Governments of the Member States of the European Communities of 6 January 1981 appointing a Judge to the COURT of JUSTICE

Official Journal L 014 , 16/01/1981 P. 0021 - 0021

****   CONFERENCE OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES   DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES   OF 6 JANUARY 1981   APPOINTING A JUDGE TO THE COURT OF JUSTICE  ( 81/5/EURATOM , ECSC , EEC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 32 AND 32B THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITIY , AND IN PARTICULAR ARTICLES 165 AND 167 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLES 137 AND 139 THEREOF ,   HAVING REGARD TO THE TREATY CONCERNING THE ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN ECONOMIC COMMUNITY AND TO THE EUROPEAN ATOMIC ENERGY COMMUNITY SIGNED ON 28 MAY 1979 AND TO THE COUNCIL DECISION OF 24 MAY 1979 ON THE ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 135 OF THE ACT ATTACHED THERETO ,   HAVE DECIDED AS FOLLOWS :   ARTICLE 1   MR CHLOROS IS HEREBY APPOINTED JUDGE TO THE COURT OF JUSTICE UNTIL 6 OCTOBER 1985 .   ARTICLE 2   THIS DECISION SHALL TAKE EFFECT ON 1 JANUARY 1981 .   DONE AT BRUSSELS , 6 JANUARY 1981 .   THE PRESIDENT   CH . A VAN DER KLAAUW


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31989D0593

89/593/CEE: Council Decision of 30 October 1989 on the conclusion of an Agreement between the European Economic Community and the Polish People's Republic on trade and commercial and economic cooperation

Official Journal L 339 , 22/11/1989 P. 0001

COUNCIL DECISION of 30 October 1989 on the conclusion of an Agreement between the European Economic Community and the Polish People's Republic on trade and commercial and economic cooperation (89/593/CEE) THE COUNCIL OF THE EUROPEAN COMMUNITES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 235 therof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the conclusion of the Agreement between the European Economic Community and the Polish People's Republic on trade and commercial and economic cooperation is necessary for the achievement of the Community's objectives in the field of external  relations,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement between the European Economic Community and the Polish People's Republic on trade and commercial and economic cooperation and the Joint Declarations attached to the Final Act are hereby approved on behalf of the Community.  The text of the instruments referred to in the preceding subparagraph is annexed to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 23 of the Agreement (2).  Article 3 The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Committee set up by Article 20 of the Agreement.  Article 4 This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 30 October 1989.  For the Council The President J.-P. SOISSON   (1) Opinion delivered on 25 October 1989 (not yet published in the Official Journal). (2) See page 60 of this Official Journal.


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31995D0272

95/272/EC: Commission Decision of 14 July 1995 suspending the definitive anti-dumping duty imposed on imports of certain types of electronic microcircuits known as EPROMs (erasable programmable read only memories) originating in Japan

Official Journal L 165 , 15/07/1995 P. 0026 - 0027

COMMISSION DECISION of 14 July  1995 suspending the definitive anti-dumping duty imposed on imports of certain types of electronic  microcircuits known as EPROMs (erasable programmable read only memories) originating in Japan  (95/272/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against  dumped imports from countries not members of the European Community  (1), and in particular Article  14 (4) thereof, After consultation with the Advisory Committee, Whereas: (1)  The Council, by Regulation (EEC) No 577/91  (2), as last amended by Regulation (EEC) No  2860/93  (3) imposed a definitive anti-dumping duty on imports into the Community of certain types  of electronic microcircuits known as EPROMs (erasable programmable read only memories) originating  in Japan, and falling under CN codes: -  8542  11  33, 8542  11  34, 8542  11  35 or 8542  11  36 for finished UV erasable EPROMs, -  ex  8542  11  38 for finished Flash E2PROMs, -  ex  8542  11  76 for OTPs, -  ex  8542  11  01 for wafers for all types of EPROMs and -  ex  8542  11  05 for dice and chips for all types of EPROMs. (2)  The basic anti-dumping Regulation, i.e. Council Regulation (EC) No 3283/94 at Article 14 (4)  provides for the suspension of anti-dumping measures imposed on the grounds that market conditions  have temporarily changed to an extent that injury would be unlikely to resume as a result of such a  suspension. Article 14 (4) further specifies that the anti-dumping measures concerned may be  reinstated at any time if the reason for suspension is no longer applicable. (3)  As in the case of another type of electronic microcircuit, i.e. DRAMs  (4), since the end of  1993 and the beginning of 1994, due to a strong and growing demand for EPROMs , in particular by  telecommunication equipment manufacturers, prices of EPROMs, on a world-wide basis, have remained  stable. With respect to the Community market in particular, the Commission has been able to follow  developments as almost all known Japanese EPROM producers supply the Commission on a regular basis  with their detailed sales reports pursuant to undertakings which the Commission has accepted in the  framework of the abovementioned anti-dumping proceeding  (5). An analysis of these reports has  confirmed that the market behaviour of the exporters concerned is in line with the general  evaluation of price developments made by market research companies, some of which monitor the  semiconductor market particularly closely. (4)  With regard to the situation of the Community EPROM industry, the Commission has furthermore  received information confirming that this industry has also benefited from the current market  situation. Indeed, following the stabilization of the situation of the Community industry  concurrently with the introduction of the above anti-dumping measures and following the substantial  investments made for the production of the newest generations of EPROMs the Community industry's  revenues stemming from an increase in EPROM sales volumes and in EPROM prices have had the effect  that the Community industry is no longer suffering financial losses on current sales, but rather  generating increased returns. (5)  The anti-dumping duty was imposed in order to underpin the undertakings and in order to ensure  that imports of any EPROMs outside the scope of the undertakings would not be made at an injurious  price level. The present market situation is one of strong demand, where market forces are  sustaining a level of prices for EPROMs which is at or above the prices at which the above  companies have undertaken to sell in the Community. It appears therefore that the absence of  injurious dumping of EPROMs on the Community market at present is not dependent on the maintenance  of the anti-dumping measures. Whilst the minimum prices applicable pursuant to the undertakings  have been overtaken by market prices, the continued existence of the ad valorem anti-dumping duty  constitutes an unnecessary barrier to entry to the Community market for EPROMs not covered by an  undertaking. (6)  However, based on previous experience gained in the EPROM-market, it appears reasonable to  conclude that this development in prices may well be temporary. Indeed, the EPROM-market is a  cyclical market characterised by sharp up and downturns in prices. The likelihood that current  market conditions are a temporary phenomenon leads to the conclusion that this situation should be  dealt with by a temporary suspension of the anti-dumping duty. (7)  In conclusion, the Commission considers that all requirements to suspend the anti-dumping duty  concerned pursuant to Article 14 (4) are met and that therefore this duty should be suspended for a  period of nine months. This conclusion has been reached on the basis of: -  reliable sales information collected in the course of the anti-dumping proceeding concerned,  reflecting market prices in the Community, -  the overall situation of the world EPROM market which, given the extensive market research data  available, is inherently transparent, and -  experience of the cyclical nature of this industry. (8)  The Commission will continue to closely monitor the development of the EPROM market and the  behaviour of individual market participants, in particular with respect to the newest generation of  EPROMs. Should a situation arise in which a resumption of injury to the Community industry occurs,  the Commission will reinstate the above anti-dumping measures without delay. (9)  To this end, the obligation to submit reports on sales and prices pursuant to the undertakings  will enable the Commission to monitor the EPROM market. However, the Commission considers that,  during the period of the suspension of the anti-dumping duty, the obligation to adhere to the  minimum price provisions of these undertakings should be discontinued. The quarterly calculation  and communication of such prices to these companies by the Commission will therefore be  discontinued during this period. (10)  In accordance with the provisions of Article 14 (4) of the basic Regulation the Commission  has informed the complainant of its intention to suspend the above anti-dumping measures and has  provided it with an opportunity to comment. These comments have been taken into account reaching  the present decision. (11)  The Advisory Committee was consulted on the suspension of the anti-dumping measures and  raised no objections, HAS DECIDED AS FOLLOWS: Sole Article The definitive anti-dumping duty imposed on imports of certain  types of electronic microcircuits known as EPROMs (erasable programmable read only memories)  originating in Japan by Council Regulation (EEC) No 577/91 is hereby suspended for a period of nine  months. This Decision shall enter into force on the day following its publication in the Official Journal  of the European Communities. Done at Brussels, 14 July 1995. For the Commission Leon BRITTAN Vice-President


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31988D0623

88/623/EEC: Commission Decision of 12 December 1988 accepting undertakings given in connection with the anti-dumping review concerning imports of oxalic acid originating in China or Czechoslovakia and terminating the review

Official Journal L 343 , 13/12/1988 P. 0034 - 0038

*****COMMISSION  DECISION  of 12 December 1988  accepting undertakings given in connection with the anti-dumping review concerning imports of oxalic acid originating in China or Czechoslovakia and terminating the review  (88/623/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 15 thereof,  After consultations within the Advisory Committee as provided for by the abovementioned Regulation,  Whereas:  A. Procedure  (1) In September 1981 the Commission initiated an anti-dumping proceeding concerning imports of oxalic acid originating in China or Czechoslovakia.  (2) Provisional measures were adopted by the Commission; in May 1982 Council Regulation (EEC) No 1283/82 (2) imposed a 34.2 % ad valorem definitive anti-dumping duty on imports of oxalic acid originating in China and by Decision 82/335/EEC (3) the Commission accepted a price undertaking concerning Chemapol's exports to the Community of oxalic acid originating in Czechoslovakia.  (3) In accordance with Article 15 of Council Regulation (EEC) No 2176/84 (4), as last amended by Regulation (EEC) No 1761/87 (5), the Commission published a notice (6) in December 1986 concerning the impending expires of those measures.  (4) In April 1987 Destilados Agrícolas Vimbodí SA (DAVSA), a manufacturer accounting for a large proportion of Community production of oxalic acid, requested a review, within the meaning of Article 15 of Regulation (EEC) No 2176/84, of the anti-dumping measures imposed on imports into the Community of oxalic acid originating in China or Czechoslovakia. The request, which showed that the expiry of the measures in force would lead again to injury and followed a complaint lodged by the same company concerning imports of oxalic acid originating in Taiwan and South Korea, contained evidence which, after consultations, were judged sufficient to warrant a review of the measures concerned.  (5) The Commission accordingly published a notice of in the Official Journal of the European Communities (7) announcing the initiation of a review of anti-dumping measures applicable to imports of oxalic acid falling within subheading ex 29.15 A I of the Common Customs Tariff and NIMEXE code ex 29.15-11, corresponding to CN code 2917 11 00, originating in China or Czechoslovakia, and initiated an investigation.  (6) The Commission officially informed the exporters and importers known to be concerned, Community producers and representatives of the non-member countries concerned. It gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (7) The exporters known to be concerned, a number of importers and the Community producers made known their views within the period allowed. Some of them, and also the Czechoslovak authorities, requested hearings, which were granted.  (8) The Chinese authorities submitted written comments. Those comments were not submitted within the period referred to in the notice of review and were accordingly not taken into consideration.  (9) No Community buyers or processors of the product concerned submitted comments within the period allowed.  (10) Unlike the main Czechoslovak exporter, which did not contest the initiation of the review, the main Chinese exporter contested its legality. It claimed that the expression used in the second subparagraph of Article 15 (2) of Regulation (EEC) No 2178/84, and in particular the word 'again', implied that to be able to initiate a review the interested party must belong to the group of Community producers which had suffered injury which the previous investigation (which had led to the imposition of the anti-dumping measures to be reviewed) had established was caused by the dumped imports. It accordingly claimed that since DAVSA did not belong to that group the review had been undertaken in breach of the provisions of the said Regulation. This claim was rejected, however, on the ground that a grammatical analysis of Article 15 (2) shows clearly that the word 'again' does not qualify the concept of 'interested party' but specifies evidence which the party requesting the review must submit to the Commission before the Commission decides whether or not a review is warranted. As stated above, it was decided, after consultation, that the request from DAVSA contained sufficient evidence to justify a review of the measures in question.  The Commission collected and verified all information it deemed necessary and carried out checks at the premises of the following companies:  Community producers  - Destilados Agrícolas Vimbodí SA, Tarragona, Spain  - Rhône Poulenc Chimie de Base SA, Paris, France  - Société Française Hoechst SA, Paris, France  Importer  - Arnold Suhr België NV, Antwerp, Belgium  (11) During the review main Chinese exporter asked to be allowed to meet the party requesting the review in order to discuss their respective positions. The Commission was prepared to grant this request but the party requesting the review opposed the idea. In support of its refusal the latter party claimed that the Chinese exporter had not complied fully with the obligation imposed on it by Article 8 of Regulation (EEC) No 2176/84 and that it accordingly refused to participate in such a meeting.  (12) The investigation of dumping covered the period from November 1986 to April 1987.  (13) The exporters known to be concerned were informed of the main facts and considerations on the basis of which the Commission proposed to amend the anti-dumping measures in force. They had the opportunity to submit comments within a given period and their comments were taken into consideration.  B. Dumping  (a) Normal value  (14) In order to establish the normal value of the product in question the Commission had to take account of the fact that China and Czechoslovakia do not have market economies and it accordingly based its calculations on the normal value of oxalic acid in a market economy country.  (15) The Community industry proposed that South Korea should serve as reference country. The main Czechoslovak exporter did not contest that choice. The Chinese exporter objected. However, the South Korean producers of oxalic acid known to the Commission refused to cooperate fully with the investigation, as stated in Commission Regulation (EEC) No 699/88 (1), and South Korea could not therefore be used as reference country given the lack of satisfactory information.  (16) The Chinese exporter suggested that normal value could be determined on the basis of domestic prices charged in China of the normal value in a market economy country. This request could not, however, be granted, because the proposed method is not one of the possibilities provided for in Article 2 (5) of Regulation (EEC) No 2176/84.  (17) The Community industry suggested that Taiwan could serve as reference country instead of South Korea. The Chinese exporter opposed that choice. Information at the Commission's disposal suggests that the prices charged on the Taiwan market could be considered to be artifically high. The Commission accordingly judged it inappropriate to use Taiwan as reference country for this review.  (18) The Community industry concerned suggested that Japan could serve as an alternative reference country. However, this suggestion was rejected because, according to available information, the manufacturing process and the raw materials used in Japan are fundamentally different from those used in China and Czechoslovakia.  (19) The Chinese exporter proposed that normal value could instead be established on the basis of the prices of exports to the United States of America of oxalic acid originating in Brazil. This proposal was also rejected. In rejecting it the Commission took account of the fact that it had in the past been established that exports to the Community of oxalic acid originating in Brazil had been dumped. It considered that it was therefore not possible to exclude the possilibity that exports to the United States might also be dumped.  (20) The Commission initially considered that it would nevertheless be appropriate and not unreasonable to calculate the normal value of the product originating in China and Czechoslovakia on the basis of the domestic prices charged in Brazil, provided that it could be verified that domestic prices on the Brazilian market were in reasonable proportion to the costs of production. In order to obtain the necessary information it approached a Brazilian producer and invited it to cooperate with the investigation. The producer concerned refused to cooperate, and it was therefore necessary to reject this possibility too.  (21) The parties known to be concerned were informed of that refusal and asked again to suggest appropriate reference countries. India was suggested and the Commission approached the Indian producer referred to in order to obtain the necessary information. This producer also refused to cooperate with the Commission and India could not therefore serve as reference country.  (22) Since none of the possibilities referred to above provided an adequate basis, the normal value of the products in question was eventually determined, in accordance with Article 2 (5) (c) of Regulation (EEC) No 2176/84, by reference to the price actually paid or payable in the Community, duly adjusted to include a reasonable profit margin.  (b) Export prices  (23) As a general rule the export prices of oxalic acid originating in China or Czechoslovakia were established on the basis of the prices actually paid or payable for products sold for export to the Community.  (c) Comparison  (24) When comparing the normal value with the prices for each consignment of exports the Commission took account, where appropriate, of differences affecting price comparability, in particular differences in selling expenses such as discounts, commissions, credit terms, transport, insurance, handling, loading and ancillary costs.  All comparisons were made at ex-works level.  (d) Dumping margins  (25) Examination of the above facts showed that exports of oxalic acid from both China and Czechoslovakia were still being dumped, the dumping margins being equal to the difference between the normal value and the prices of exports to the Community.  (26) Expressed as a percentage of total cif value, the dumping margins were as follows:  - Product originating in China 53.73 %  - Product originating in Czechoslovakia:  - Exported by Chemapol 1.87 %  - Exported by other exporters 41.17 %  C. Injury or threat of injury following the expiry of anti-dumping measures in force  (27) In accordance with Article 15 of Regulation (EEC) No 2423/88, the Commission considered whether the expiry of anti-dumping measures in force would lead again to injury or threat of injury within the meaning of that Regulation and whether it was accordingly appropriate, in view of the finding that exports were still being dumped, that the anti-dumping mesures applicable to imports originating in China or Czechoslovakia be retained and, where appropriate, amended.  China  (28) The evidence available to the Commission shows that 8 138 tonnes of oxalic acid originating in China were entered for free circulation on Community territory in 1980, and that imports fell well below that level in the years after the anti-dumping measures currently in force were imposed.  (29) Customs statistics show, however, that export sales to the Community under the inward processing relief arrangements, which are not subject on arrival at customs to payment of the anti-dumping duty on account of their destination for customs purposes, have increased substantially over the same period.  (30) The Commission believes that the substantial increase in such sales under the inward processing relief arrangements is a clear indication of the will of the Chinese exporter and its exclusive agent to maintain, and even increase, the sales on Community territory of products originating in China, and their interest in doing so. (31) The information collected shows that the prices of imported products entered for free circulation during the reference period, excluding customs duties and anti-dumping duties, were 42.44 % lower than those charged by Community industry, as defined in Regulation (EEC) No 699/88. It was also established that those price levels were not sufficient to enable Community producers to cover their costs plus a sufficient profit margin.  (32) These facts, and in particular the substantial increase in the volume of imports into the Community under the inward processing relief arrangements, led the Commission to conclude that the absence of protective measures in respect of the product originating in China would, given China's annual production capacity of some 35 000 tonnes, result sooner or later in the volume of imports originating in China returning to the levels obtaining before the protective measures were introduced in 1982. In view of the evidence concerning the terms on which the products from China were imported into the Community during the reference period and the margin by which their prices undercut the minimum price necessary, this would lead again to injury to the Community industry, which would in turn lead to a fall in its output, sales, capacity utilization and price levels.  Czechoslovakia  (33) The evidence available to the Commission shows that imports originating in Czechoslovakia increased slightly in 1983 and 1984, peaked in 1985 and fell substantially in 1986 and during the first four months of 1987.  (34) This downward trend can be explained by a combination of the price level at which the main exporter undertook to export its products to the Community and its will to comply with the terms of the undertaking given, and the prices charged during 1986 and the first four months of 1987 for imports of oxalic acid originating in Taiwan and South Korea which, as is stated in Regulation (EEC) No 699/88, were the cause of the fall in the prices charged for Community products.  (35) The information collected by the Commission concerning the prices of imported goods originating in Czechoslovakia shows that although as a result of the undertaking they were higher during the reference period than those of imported products originating in Taiwan or South Korea, in many cases they were nevertheless 19.78 % lower than the prices charged by Community producers, and like the prices of imported goods from Taiwan, South Korea and China, these prices are not sufficient to enable the Community industry to cover its costs of production plus a reasonable profit margin.  (36) The Commission believes that the fall in the volume of imports originating in Czechoslovakia shows clearly that the measure imposed in 1982 with a view to eliminating the injury caused to the Community industry had a useful effect, since without it the volume of imports from Czechoslovakia would certainly have continued to increase and, in view of their price levels, would have made a not insignificant contribution to the injury suffered by the Community industry as determined in Regulation (EEC) No 699/88.  (37) This, together with the goegraphical proximity of Czechoslovakia and its not insignificant production capacity of 6 000 tonnes, is sufficient proof that the party requesting the review is correct in claiming that the expiry of the measure in force would lead again to material injury, or at least the threat of material injury.  D. Community interest  (38) Given the serious difficulties facing the Community industry concerned, the Commission has concluded, in view of the above, that it is in the Community interest to maintain protective measures against the imports in question.  E. Undertakings and termination of teview  (39) China National Chemicals Import and Export Corporation and Chemapol were informed of the main conclusions and offered undertakings concerning exports to the Community originating in China and Czechoslovakia respectively.  (40) Those undertakings will have the effect of bringing the prices of exports to the Community up to a level or keeping them at a level which the Commission considers sufficient to prevent the injury which would result from the expiry of the anti-dumping measures in force.  (41) In these circumstances the above undertakings must be considered acceptable and the investigation can accordingly be terminated without anti-dumping duties being imposed on imports of the product in question originating in China or Czechoslovakia. HAS DECIDED AS FOLLOWS:  Article 1  The undertakings offered by China National Chemical Import and Export Corporation, Beijing, China, and Chemapol, Prague, Czechoslovakia, in connection with the review of anti-dumping measures concerning imports of oxalic acid falling within CN code 2917 11 00, originating in Czechoslovakia or China, are hereby accepted.  Article 2  The review referred to in Article 1 is hereby terminated.  Done at Brussels, 12 December 1988.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 148, 27. 5. 1982, p. 37.  (3) OJ No L 148, 27. 5. 1982, p. 51.  (4) OJ No L 201, 30. 7. 1984, p. 1.  (5) OJ No L 167, 26. 6. 1987, p. 9.  (6) OJ No C 335, 30. 12. 1986, p. 11.  (7) OJ No C 137, 22. 5. 1987, p. 4.  (1) OJ No L 72, 18. 3. 1988, p. 12.


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31981D0335

81/335/EEC: Council Decision of 12 May 1981 replacing a member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 133 , 20/05/1981 P. 0024

****( 1 ) OJ NO L 257 , 15 . 10 . 1968 , PP . 8 AND 9 .        COUNCIL DECISION   OF 12 MAY 1981   REPLACING A MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS  ( 81/335/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 27 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 MARCH 1980 APPOINTING , FOR THE PERIOD ENDING ON 16 MARCH 1982 , MEMBERS AND ALTERNATE MEMBERS TO THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,   WHEREAS , FOLLOWING THE RESIGNATION OF MR HAYDEN , OF WHICH THE COUNCIL WAS NOTIFIED ON 13 APRIL 1981 , A MEMBER ' S SEAT HAS FALLEN VACANT ON THE ABOVEMENTIONED COMMITTEE IN THE GOVERNMENT REPRESENTATIVES CATEGORY ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 13 APRIL 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR BRIAN FITZPATRICK IS HEREBY APPOINTED MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS IN PLACE OF MR HAYDEN FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1982 .   DONE AT BRUSSELS , 12 MAY 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . BRAKS