title: 2009/618/EC: Council Decision of 27 July 2009 concerning the conclusion of consultations with the Republic of Guinea under Article 96 of the Cotonou agreement

text:
               19.8.2009

               EN

               Official Journal of the European Union

               L 214/34

      COUNCIL DECISION

   of 27 July 2009
   concerning the conclusion of consultations with the Republic of Guinea under Article 96 of the Cotonou agreement
   (2009/618/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as revised by the agreement signed in Luxembourg on 25 June 2005 (2) (hereinafter referred to as the Cotonou Agreement), and in particular Article 96 thereof,
   Having regard to the internal agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC partnership agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the Cotonou Agreement have been violated.

               (2)

               On 29 April 2009, pursuant to Article 96 of the Cotonou Agreement, consultations started with Guinea, in the presence of the representatives of the African, Caribbean and Pacific Group of States during which representatives of the ruling military junta and the transitional government presented satisfactory proposals and commitments,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Consultations with Guinea under Article 96 of the Cotonou Agreement are hereby concluded.
   Article 2
   The measures set out in the annexed letter are hereby adopted as appropriate measures under Article 96(2)(c) of the Cotonou Agreement.
   Article 3
   This Decision shall enter into force on the day of its adoption.
   This Decision shall expire on 27 July 2011. It is reviewed regularly at least once every six months in the light of the conclusions of the joint monitoring missions by the Presidency of the European Union and the Commission.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 209, 11.8.2005, p. 27.

      (3)  OJ L 317, 15.12.2000, p. 376.

      ANNEX

         DRAFT LETTER

      Sir,
      The European Union considers that the coup d’état in the Republic of Guinea (hereinafter referred to as Guinea) on 23 December 2008 constitutes a serious violation of the essential elements of the Cotonou Agreement referred to in Article 9. In an EU Presidency statement on 31 December 2008, it roundly condemned the coup as being in contradiction with the very principles of democracy, but stated its readiness to support the ongoing transition in Guinea and a return to constitutional rule. In application of Article 96 of the Cotonou Agreement, the European Union has therefore engaged in a political dialogue with the ruling regime in order to study the situation and possible solutions. The consultations opened in Brussels on 29 April 2009.
      During the opening meeting, the participants discussed how to organise a return to constitutional rule and the establishment of a democratic government elected through free and transparent elections. Guinea also presented a memorandum on the stages and issues at stake in the transition. The European Union has noted the following proposals put forward by Guinea during the discussions, in particular:

         Transition roadmap

      Guinea has confirmed its commitment to the roadmap proposed by the Coalition des Forces vives on 17 March 2009 and adopted by communiqué No 50 of the President of the CNDD on 28 March 2009. The stages of the roadmap will follow the timetable below:

                  —

                  the continuation of voter registration in accordance with the electoral code,

                  —

                  the establishment of a National Council for Transition (NCT),

                  —

                  the start of work on revising the Fundamental Law,

                  —

                  the manufacture and distribution of poll cards,

                  —

                  the adoption of amendments to the Fundamental Law,

                  —

                  parliamentary elections,

                  —

                  presidential elections,

                  —

                  resumption of the work of the Commission of Inquiry into the tragic events of June 2006 and January and February 2007.

         National Council for Transition

                  —

                  Guinea confirmed that the NCT provided for in the roadmap and adopted by CNDD Presidential Decree No 50 will be established in May 2009.

                  —

                  The European Union will make sure that the NCT is established as soon as possible and that the rules relating to its composition, mandate and powers reflect an inclusive and consensual approach.

                  —

                  Guinea confirmed that the National Forum, provided for in the memorandum, is a distinct exercise from the establishment of the NCT and will have no bearing on its actual implementation.

         Revision of the Fundamental Law

                  —

                  The European Union has noted Guinea’s intention to ask the NCT to revise the Fundamental Law and certain organic laws, including the electoral code, before the elections.

                  —

                  The European Union will monitor that this work is confined to essential aspects of the transition and the holding of elections and that it has no adverse impact on the roadmap timetable.

         Elections

                  —

                  Guinea has pledged to comply with the election schedule laid down in the roadmap, i.e. parliamentary elections on 11 October 2009 and two rounds of presidential elections on 13 and 27 December 2009. The European Union will monitor compliance with this schedule.

                  —

                  Guinea has confirmed the undertaking by the President of the CNDD that he, the members of the CNDD and the Prime Minister of the transitional government will not stand in the elections. The European Union considers this to be a crucial undertaking that must be embodied in a formal decision.

                  —

                  Regarding the preparation and organisation of the elections, Guinea has specified the following measures to ensure that the elections are free and transparent:

                              —

                              the National Independent Election Commission has been made wholly responsible for the organisation and management of the elections by CNDD Presidential decree No 015 of 4 January 2009,

                              —

                              Guinea intends to request an international election observation mission and also undertakes to invite representatives of Guinean civil society to assist in the election observation,

                              —

                              steps have been taken to give election candidates fair access to the media,

                              —

                              the Constitutional Chamber of the Supreme Court will be restored to settle electoral disputes and publish the results of the elections.

                  —

                  As regards the financing of elections, a detailed budget for each activity will be submitted to the International Contact Group on Guinea for review.

         Human rights, rule of law and governance

      The European Union has noted the ongoing efforts of the Guinean transitional government to tackle drug-trafficking, impunity and corruption, and its commitment to carry out audits in order to reform public finances. The European Union attaches particular importance in this respect to the Guinean Government’s commitment to respect the principles of the rule of law, human rights and good governance, in particular:

                  —

                  confirmation that no political prisoners are being held,

                  —

                  the restoration of the Supreme Court’s judicial chamber as the higher judicial body of the country,

                  —

                  respect for the rights of those detained for common law offences, in particular their right to legal representation on being arrested and to a fair trial by the competent legal body,

                  —

                  respect for the principle of equality before the law,

                  —

                  repayment to the Treasury of funds recovered through audits so that they can be entered in the national budget accounts,

                  —

                  resumption of the work of the Commission of Inquiry into the tragic events of June 2006 and January and February 2007 once the newly elected government is in place.

            The European Union found the undertakings made by Guinea broadly encouraging but is concerned about the lack of progress in implementing the roadmap. It has therefore decided to adopt the following appropriate measures under Article 96(2)(c) of the Cotonou Agreement with a view to the gradual resumption of cooperation in order to assist in the transition:

                  1.

                  The European Union will continue to finance humanitarian and emergency operations and measures in direct support of the people of Guinea, to assist in the political transition or aimed at ending the crisis. Note that further support for the preparation of the parliamentary and presidential elections could be provided, in particular through mobilisation of the 10th European Development Fund (EDF) B envelope and, if an invitation is received in due course from the Guinean authorities, through the sending of an election observation mission. The European Commission will also continue to finance ongoing contracts for operations other than the above.

                  2.

                  The precautionary measures adopted for ongoing projects and programmes under the Ninth and earlier EDFs, excluding projects for the rehabilitation of public buildings and to support decentralisation, will be lifted as soon as an NCT is actually in place, with its mandate, powers and composition agreed by the stakeholders of the transition in Guinea.

                  3.

                  The precautionary measures adopted for ongoing projects and programmes under the Ninth and earlier EDFs will be completely lifted on publication of the electoral roll and the decree setting the dates for the election and for the official opening of the election campaign and arrangements for guaranteeing freedom of public assembly and to campaign for political parties.

                  4.

                  The continuation of the International Monetary Fund (IMF) programme and the resumption of the debt relief process under the HIPC (heavily indebted poor countries) initiative could be supported by a contribution of around EUR 8 million from the European Union to clear arrears owed to the European Investment Bank (EIB) on loans from the EDF by mobilising the 10th EDF B envelope. This support can be mobilised as soon as the filing of nominations for the presidential election is officially closed and it is confirmed that the President and members of the CNDD and the Prime Minister of the transitional government are not standing.

                  5.

                  The Country Strategy Paper and National Indicative Programme for Guinea, for an indicative total of EUR 237 million, will be updated, renegotiated and signed as soon as the parliamentary and presidential elections have been held and the members of the National Assembly appointed. A mid-term review of the 10th EDF, the conclusions of which are scheduled for 2010, will analyse the implementation performance and might agree to a reassessment of Guinea’s allocation.

            In order to ensure the smooth continuation of cooperation measures, the European Commission reserves the right, if necessary, to take over the duties of the EDF National Authorising Officer, in full or in part, on its own account.
      As part of the procedure under Article 96 of the Cotonou Agreement, the European Union will continue to monitor the situation in Guinea closely over a period of 24 months. During this period, an enhanced dialogue will be pursued with the Guinean Government pursuant to Article 8 of the Cotonou Agreement in order to support the process of transition and regular reviews will be conducted involving the Presidency of the European Union and the European Commission. The first monitoring mission will take place within no more than six months.
      The European Union reserves the right to amend the ‘appropriate measures’ described above in the light of progress in the implementation of commitments, particularly those relating to the section on ‘Human rights, rule of law and governance’.
      The two parties undertake to hold a regular political dialogue under Article 8 of the Cotonou Agreement with the newly elected government on reforms in the area of political, judicial and economic governance and in the security sector.
      We have the honour to be, Sir, yours faithfully,

         Done at Brussels,

               For the Commission

            …

               For the Council

            …

         ANNEX: SCHEDULE OF COMMITMENTS

                     Commitments by partners

                     Guinea

                     European Union

                                 0.

                                 Current situation

                                 0.

                                 Continuation of financing for humanitarian and emergency operations and measures in direct support of the people of Guinea, to assist in the political transition or aimed at ending the crisis. Possible grant of further support for the preparation of the parliamentary and presidential elections, in particular through mobilisation of the 10th EDF ‘B’ envelope and, if an invitation is received from the Guinean authorities, through the sending of an election observation mission. The allocation of funding for regional projects covering Guinea will be examined on a case-by-case basis. The precautionary measures relating to other cooperation under the Ninth and earlier EDFs remain in force.

                                 1.

                                 Establishment of an NCT, with a mandate, powers and composition agreed by the stakeholders of the transition in Guinea.

                                 1.

                                 Lifting of the precautionary measures adopted for ongoing projects and programmes under the Ninth and earlier EDFs, excluding projects for the rehabilitation of public buildings and to support decentralisation.

                                 2.

                                 Publication of the electoral roll and the decree setting the dates for the election and for the official opening of the election campaign.

                                 2.

                                 Lifting of all precautionary measures under the Ninth and earlier EDFs.

                                 3.

                                 Official closing of nominations for the presidential election (confirming that the President and members of the CNDD and the Prime Minister of the transitional government are not standing).

                                 3.

                                 Clearance of arrears to the EIB on loans from the EDF by mobilising the 10th EDF ‘B’ envelope, subject to continuation of the IMF programme and resumption of the debt relief process under the HIPC initiative.

                                 4.

                                 The holding of free and transparent parliamentary and legislative elections and appointment of the elected members.

                                 4.

                                 Signing of the updated and renegotiated 10th EDF CSP/NIP.


Avis juridique important

|

31981D1000

81/1000/ECSC: Council Decision of 3 December 1981 replacing a member of the Consultative Committee of the European Coal and Steel Community

Official Journal L 364 , 19/12/1981 P. 0031

****( 1 ) OJ NO L 326 , 2 . 12 . 1980 , P . 20 .        COUNCIL DECISION   OF 3 DECEMBER 1981   REPLACING A MEMBER OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY  ( 81/1000/ECSC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 18 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 25 NOVEMBER 1980 APPOINTING THE MEMBERS OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY FOR THE PERIOD ENDING ON 24 NOVEMBER 1982 ( 1 ),   WHEREAS THE COUNCIL WAS INFORMED ON 27 OCTOBER 1981 THAT A MEMBER ' S SEAT ON THE ABOVE COMMITTEE IN THE CONSUMERS AND DEALERS CATEGORY HAD BECOME VACANT AS A RESULT OF THE DEATH OF MR MARIO PORTANOVA ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 19 NOVEMBER 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   DR FRANCESCO NOLI IS HEREBY APPOINTED A MEMBER OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY IN PLACE OF MR PORTANOVA FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 24 NOVEMBER 1982 .   DOEN AT BRUSSELS , 3 DECEMBER 1981 .   FOR THE COUNCIL   THE PRESIDENT   T . KING


title: Council Decision of 24 June 2013 appointing a member of the Management Board of the European Food Safety Authority

text:
               29.6.2013

               EN

               Official Journal of the European Union

               C 187/7

         COUNCIL DECISION
   of 24 June 2013
   appointing a member of the Management Board of the European Food Safety Authority
   2013/C 187/06
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 25(1) thereof,
   Having regard to the list of candidates submitted to the Council by the European Commission,
   Having regard to the views expressed by the European Parliament,
   Whereas:

               (1)

               It is vital to ensure the independence, high scientific quality, transparency and efficiency of the European Food Safety Authority (EFSA). Cooperation with Member States is also indispensable.

               (2)

               Ms Diána BÁNÁTI has resigned and has to be replaced until the end of her term of office.

               (3)

               The list submitted by the Commission has been examined with a view to appointing one new member of the Management Board on the basis of the documentation provided by the Commission and in the light of the views expressed by the European Parliament. The aim is to secure the highest standard of competence, a broad range of relevant expertise, e.g. in management and public administration, and the broadest possible geographical distribution within the Union.

               (4)

               Under Regulation (EC) No 178/2002, four of the members of the Management Board must have a background in organisations representing consumers and other interests in the food chain. Currently, three members of the Management Board have such a background,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following person shall be appointed as a new member of the Management Board of the European Food Safety Authority for the period from 1 July 2013 to 30 June 2014:
   Mr Raymond O'ROURKE (2).
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 24 June 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ L 31, 1.2.2002, p. 1.

      (2)  Background in organisations representing consumers.


title: 77/81/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 18 January 1977 extending the period of validity of Decision 75/373/ECSC opening tariff preferences for products covered by that Community and originating in Israel

text:
 27. 1 . 77                                Official Journal of the European Communities                           No L 23/49
                                                                  II
                                              (Acts whose publication is not obligatory)
                                                          COUNCIL
                                                             DECISION
               OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
               STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING
                                                     WITHIN THE COUNCIL
                                                         of 18 January 1977
               extending the period of validity of Decision 75 /373/ECSC opening tariff prefer
                   ences for products covered by that Community and originating in Israel
                                                            (77/81 / ECSC)
 THE REPRESENTATIVES OF THE GOVERNMENTS OF                             in agreement with the Commission,
 THE MEMBER STATES OF THE EUROPEAN COAL
 AND STEEL COMMUNITY, MEETING WITHIN THE
 COUNCIL,                                                              HAVE DECIDED AS FOLLOWS :
 Whereas pending the entry into force of the Agree                                           Article 1
 ment between the Member States of the European                        In Article 4 of Decision 75/373 / ECSC the date of 31
 Coal and Steel Community, of the one part, and the                    December 1976 is hereby replaced by that of 30 June
 State of Israel, of the other part ('), signed on 11 May              1977 .
 1975 , the Representatives of the Governments of the
 Member States adopted autonomously and concomi                                              Article 2
 tantly Decision 75/373/ ECSC opening tariff prefer
 ences for products covered by that Community and                      Member States shall adopt all the measures necessary
 originating in Israel (2 ) ; whereas that Decision was                for the implementation of this Decision .
 applicable until 30 June 1976 at the latest and was
 extended by Decision 76/ 567/ ECSC (3) until 31
 December 1976 ;                                                       Done at Brussels, 18 January 1977 .
 Whereas the said Agreement has not yet entered into                                                The President
 force, and whereas the period of validity of the auto
 nomous measures should be extended by six months,                                              Anthony CROSLAND
(') OJ No L 165 , 28 . 6 . 1975, p . 62 .
(-') OJ No L 165, 28 . 6 . 1975, p . 76 .
(J ) OJ No L 175 , 1 . 7 . 1976, p . 1 1 .
                                                  *


Avis juridique important

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31980D0488

80/488/EEC: Commission Decision of 6 May 1980 accepting an undertaking given in connection with the anti-dumping proceeding concerning certain acrylic fibres originating in Japan and terminating this proceeding

Official Journal L 118 , 09/05/1980 P. 0060

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 146 , 12 . 6 . 1979 , P . 2 .  ( 3 ) OJ NO C 2 , 4 . 1 . 1980 , P . 6 .  ( 4 ) OJ NO L 308 , 4 . 12 . 1979 , P . 11 .  ( 5 ) OJ NO L 10 , 15 . 1 . 1980 , P . 7 .  ( 1 ) NIMEXE CODES 56.01-15 AND 56.02-15 ; COMMON CUSTOMS TARIFF SUBHEADINGS EX 56.01 A AND EX 56.02 A .    COMMISSION DECISION   OF 6 MAY 1980   ACCEPTING AN UNDERTAKING GIVEN IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING CERTAIN ACRYLIC FIBRES ORIGINATING IN JAPAN AND TERMINATING THIS PROCEEDING  ( 80/488/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF ,   AFTER CONSULTATIONS WITHIN THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 6 OF REGULATION ( EEC ) NO 3017/79 ,   WHEREAS ON 11 MAY 1979 THE COMMISSION RECEIVED A COMPLAINT SUBMITTED BY CIRFS , THE INTERNATIONAL RAYON AND SYNTHETIC FIBRES COMMITTEE , ON BEHALF OF THE QUASI-TOTALITY OF THE COMMUNITY PRODUCERS OF ACRYLIC FIBRES , SETTING OUT EVIDENCE AS TO THE EXISTENCE OF DUMPING OF THE LIKE PRODUCT ORIGINATING IN GREECE , JAPAN , SPAIN , TURKEY AND THE UNITED STATES OF AMERICA AND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS , SINCE THERE WAS SUFFICIENT EVIDENCE TO JUSTIFY INITIATING A PROCEEDING , THE COMMISSION PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF 12 JUNE 1979 A NOTICE OF THE INITIATION OF AN ANTI-DUMPING PROCEDURE CONCERNING IMPORTS OF CERTAIN ACRYLIC FIBRES ORIGINATING IN GREECE , JAPAN , SPAIN , TURKEY AND THE UNITED STATES OF AMERICA ( 2 ), SO ADVISED THE EXPORTERS AND IMPORTERS KNOWN BY THE COMMISSION TO BE CONCERNED , AS WELL AS REPRESENTATIVES OF THE COUNTRIES CONCERNED AND THE COMPLAINANTS , COMMENCED AN INVESTIGATION AT COMMUNITY LEVEL AND GAVE THE PARTIES DIRECTLY CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO BE HEARD ORALLY AND TO MEET , SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND REBUTTAL ARGUMENTS PUT FORWARD ;   WHEREAS , FOR THE PURPOSES OF A PRELIMINARY DETERMINATION OF DUMPING AND INJURY , THE COMMISSION MADE ON-THE-SPOT INVESTIGATIONS OF THE OFFICES OF THE JAPANESE EXPORTERS WHOSE OPERATIONS WERE DEEMED TO REQUIRE INVESTIGATION , NAMELY MITSUBISHI CORPORATION , OSAKA , JAPAN ; MITSUBISHI RAYON LIMITED , TOKYO , JAPAN ; C ITOH  AND  CO . LTD , OSAKA , JAPAN , AND DIAFIBERS CO . LTD , OSAKA , JAPAN ; WHEREAS THE COMMISSION ALSO CARRIED OUT ON-THE-SPOT INVESTIGATIONS AT THE OFFICES OF THE MAIN COMMUNIY PRODUCERS INVOLVED , NAMELY THE ITALIAN COMPANIES ANIC SPA , MILAN ; MONTEFIBRE SPA , MILAN ; SOCIETA ITALIANA RESINA SPA ( SIR ), MILAN AND SNIA VISCOSA SPA , MILAN ;   WHEREAS IT EMERGED FROM THE INVESTIGATIONS CARRIED OUT IN GREECE AND TURKEY THAT NO DUMPING EXISTED IN THE CASE OF THE EXPORTS OF THESE PRODUCERS TO THE COMMUNITY AND THE INVESTIGATION WAS CONSEQUENTLY CLOSED IN SO FAR AS THEY WERE CONCERNED ;   WHEREAS , MOREOVER , IN THE COURSE OF THE INVESTIGATIONS WITH THE MAIN SPANISH EXPORTER A PRICE UNDERTAKING WAS RECEIVED WHICH WAS CONSIDERED SATISFACTORY BY THE COMMISSION AND THE PROCEDURE WAS CONSEQUENTLY TERMINATED AS REGARDS IMPORTS FROM SPAIN ( 3 );   WHEREAS , SINCE IT EMERGED FROM THE PRELIMINARY EXAMINATION WITH AMERICAN EXPORTERS THAT DUMPING EXISTED AND RESULTANT INJURY , THE COMMISSION , BY REGULATION ( EEC ) NO 2712/79 ( 4 ), AS AMENDED BY REGULATION ( EEC ) NO 61/80 ( 5 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON CERTAIN ACRYLIC FIBRES ORIGINATING IN THE UNITED STATES OF AMERICA ; WHEREAS , MOREOVER , THE SUBSEQUENT EXAMINATION COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL DUTY SHOWED DUMPING AND MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS , FOR THE PURPOSES OF A PRELIMINARY EXAMINATION OF THE EXISTENCE OF DUMPING BY JAPANESE PRODUCERS , THE COMMISSION COMPARED THEIR EXPORT PRICES TO THE COMMUNITY OF CONTINUOUS FILAMENT TOW OF ACRYLIC FIBRE WITH THOSE RULING ON THE JAPANESE MARKET ;   WHEREAS WEIGHTED AVERAGES WERE USED FOR THESE COMPARISONS , WHICH WERE MADE AT THE EX-FACTORY LEVEL FOR SALES DURING THE PERIOD 1 JUNE 1978 TO 31 MAY 1979 MADE BY DIAFIBERS CO . LTD , THE PRINCIPAL JAPANESE COMPANY EXPORTING TO THE COMMUNITY WHICH ALSO SELLS ON THE DOMESTIC MARKET ;   WHEREAS DIAFIBERS CLAIMED THAT CERTAIN DIFFERENCES EXISTED IN THE CONDITIONS AND TERMS OF SALE ; WHEREAS ALL THE ALLOWANCES CLAIMED BY THEM FOR REMISSION OF IMPORT CHARGES ON IMPORTED RAW MATERIALS , HANDLING , ANCILLARY COSTS , SALESMENS '  SALARIES AND RELATED EXPENSES AND TECHNICAL ASSISTANCE EXPENSES WERE GRANTED ; WHEREAS , HOWEVER , THE COMPANY ' S CLAIMS FOR ALLOWANCES FOR ADVERTISING AND SALES PROMOTION AND RESEARCH AND DEVELOPMENT COSTS WERE DISALLOWED , SINCE IT WAS CONSIDERED THAT SUCH COSTS DID NOT BEAR A DIRECT RELATIONSHIP TO THE SALES UNDER CONSIDERATION ;   WHEREAS THE ABOVE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THE EXISTENCE OF DUMPING IN RESPECT OF THE IMPORTS EFFECTED DURING THE INVESTIGATION PERIOD , OF WHICH THE WEIGHTED AVERAGE MARGIN IS 38 % ;   WHEREAS WITH REGARD TO INJURY THE EVIDENCE AVAILABLE TO THE COMMISSION DURING THE PRELIMINARY EXAMINATION SHOWED THAT THE COMMUNITY HAS BEEN MAKING STRENUOUS EFFORTS TO RECOVER FROM THE EFFECTS , EXPERIENCED OVER MANY YEARS , OF VIRTUAL STAGNATION OF PRODUCTION AND CONSUMPTION ACCOMPANIED BY CONSIDERABLE OVERCAPACITY AND EXTREMELY HIGH LOSSES ;   WHEREAS THIS PROCESS OF RECOVERY HAS ENTAILED MAJOR EFFORTS TO REDUCE CAPACITY AND TO RATIONALIZE WHICH HAS RESULTED IN AN OVERALL REDUCTION OF APPROXIMATELY 8 % OF THE WORK FORCE SINCE 1977 , AND ATTEMPTS BY THE EUROPEAN PRODUCERS TO INCREASE THEIR SELLING PRICES IN ORDER TO COVER SHARPLY INCREASED RAW MATERIAL COSTS AND TO REACH A REASONABLE PROFIT SITUATION ;   WHEREAS , WHILST THESE ATTEMPTS WERE BEING MADE BY COMMUNITY PRODUCERS , A SIGNIFICANT INCREASE IN IMPORTS HAS TAKEN PLACE FROM JAPAN ; WHEREAS THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO THE COMMUNITY OF ACRYLIC FIBRES ORIGINATING IN JAPAN HAS INCREASED FROM 3 678 TONNES IN 1977 TO 7 700 TONNES IN 1979 , REPRESENTING AN INCREASE OF 109 % ; WHEREAS THE JAPANESE MARKET SHARE HAS DOUBLED SINCE 1977 FROM 0.8 % IN 1977 TO 1.6 % IN 1979 ;   WHEREAS JAPANESE IMPORTS ARE CONCENTRATED ON THE ITALIAN MARKET WHICH , FOR 1979 , RECEIVED ALMOST 70 % OF JAPANSE EXPORTS TO THE COMMUNITY ; WHEREAS THESE EXPORTS TO ITALY HAVE INCREASED FROM 776 TONNES IN 1977 TO 1 027 TONNES IN 1978 , REPRESENTING AN INCREASE OF 32 % AND TO 5 438 TONNES FOR 1979 , AN INCREASE OF 430 % COMPARED WITH 1978 ; WHEREAS THE MARKET SHARE OF THESE IMPORTS HAS INCREASED FROM 0.5 % IN 1977 TO 2.4 % IN 1979 ; WHEREAS THESE INCREASED JAPANESE EXPORTS TO ITALY HAVE BEEN AT EXTREMELY LOW PRICES , UNDERCUTTING ITALIAN PRODUCERS BY APPROXIMATELY 40 % ;   WHEREAS THE TOTAL MARKET SHARE HELD BY JAPANESE EXPORTS , TOGETHER WITH THOSE HELD BY AMERICAN AND SPANISH FIRMS ALSO FOUND TO HAVE DUMPED , AMOUNTED IN 1979 TO 7.6 % IN THE COMMUNITY AND TO 9.8 % IN ITALY ; WHEREAS THE ABOVE HAS RESULTED IN A LOSS OF ORDERS AND DEPRESSION OF PRICES AND ADDITIONAL LOSSES FOR ITALIAN PRODUCERS ;   WHEREAS THE EVIDENCE AVAILABLE TO THE COMMISSION ALSO INDICATES THAT THIS SITUATION IN ITALY , WHICH REPRESENTS APPROXIMATELY 30 % OF COMMUNITY PRODUCTION AND APPROXIMATELY 40 % OF COMMUNITY CONSUMPTION , HAS A CONSIDERABLE IMPACT ON OTHER COMMUNITY PRODUCERS WHO TRADITIONALLY EXPORT TO ITALY AND WHO ARE ALSO FACING A DIFFICULT SITUATION CHARACTERIZED BY HEAVY LOSSES , AND WHO ARE CURRENTLY FORCED TO MEET ARTIFICIALLY LOW IMPORT PRICES ;   WHEREAS INJURIES CAUSED BY OTHER FACTORS WHICH COULD ADVERSELY AFFECT THE COMMUNITY INDUSTRY , SUCH AS THE VOLUME AND PRICES OF OTHER IMPORTS , OR STAGNATION OF DEMAND , HAVE BEEN EXAMINED , AND ANY ADVERSE EFFECTS CAUSED BY THESE FACTORS HAVE NOT BEEN ATTRIBUTED TO THE IMPORTS UNDER CONSIDERATION ;   WHEREAS , IN VIEW OF THE FOREGOING , THE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THAT DUMPING EXISTS , AND THAT THERE IS SUFFICIENT EVIDENCE OF CONSEQUENT INJURY ;   WHEREAS THE COMMISSION , AFTER HAVING EXAMINED THE COMMUNITY PRODUCERS '  AND IMPORTERS '  PRICES , COSTS , PROFITABILITY AND MARKETING CONDITIONS , HAS DETERMINED THE IMPORT PRICES NECESSARY TO ELIMINATE THE INJURY CAUSED ;   WHEREAS THE MAIN JAPANESE EXPORTER CONCERNED , DIAFIBERS CO . LTD , OSAKA , JAPAN , WAS INFORMED OF THE MAIN FINDINGS OF THE PRELIMINARY INVESTIGATION AND COMMENTED ON THEM ; WHEREAS AN UNDERTAKING WAS CONSEQUENTLY OFFERED BY THIS COMPANY ;   WHEREAS THE EFFECT OF THE SAID UNDERTAKING WILL BE TO INCREASE IMPORT PRICES INTO THE COMMUNITY TO A LEVEL NECESSARY TO ELIMINATE INJURY ; WHEREAS THE INCREASE IN NO CASE EXCEEDS THE DUMPING MARGIN ;   WHEREAS THE COMMISSION HAS THEREFORE DETERMINED THAT IT IS NOT NOW NECESSARY TO TAKE PROTECTIVE ACTION IN RESPECT OF IMPORTS ORIGINATING IN JAPAN ;   WHEREAS THE COMMISSION WILL ENSURE THAT THE UNDERTAKING IS STRICTLY COMPLIED WITH , IN PARTICULAR BY CARRYING OUT PERIODICALLY THE NECESSARY CHECKS AND INSPECTIONS ;   WHEREAS THE DECISION TO ACCEPT THIS UNDERTAKING MAY BE RECONSIDERED SHOULD THE COMMISSION DISCOVER THAT IT IS FAILING TO ELIMINATE THE INJURY ;   WHEREAS , IN THESE CIRCUMSTANCES , THE UNDERTAKING OFFERED IS CONSIDERED ACCEPTABLE AND THE PROCEEDINGS MAY THEREFORE BE TERMINATED WITHOUT IMPOSITION OF ANTI-DUMPING DUTIES ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COMMISSION HEREBY ACCEPTS THE UNDERTAKING GIVEN IN CONNECTION WITH THE ANTI-DUMPING PROCEEDING CONCERNING CERTAIN ACRYLIC FIBRES ( 1 ), ORIGINATING IN JAPAN .   ARTICLE 2   THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN ACRYLIC FIBRES ORIGINATING IN JAPAN IS HEREBY TERMINATED .   DONE AT BRUSSELS , 6 MAY 1980 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


title: Decision (EU) 2017/1331 of the European Parliament and of the Council of 4 July 2017 amending Decision (EU) 2015/435 on the mobilisation of the Contingency Margin

text:
               18.7.2017

               EN

               Official Journal of the European Union

               L 185/35

         DECISION (EU) 2017/1331 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 4 July 2017
   amending Decision (EU) 2015/435 on the mobilisation of the Contingency Margin
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (1), and in particular the second paragraph of point 14 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 13 of Council Regulation (EU, Euratom) No 1311/2013 (2) has established a Contingency Margin of up to 0,03 % of the gross national income of the Union.

               (2)

               In accordance with Article 6 of Regulation (EU, Euratom) No 1311/2013, the Commission had calculated the absolute amount of the Contingency Margin for 2014 (3).

               (3)

               By Decision (EU) 2015/435 (4), the European Parliament and the Council mobilised the Contingency Margin for making available additional payment appropriations in 2014, to be offset in 2018-2020.

               (4)

               According to the medium-term payment forecast presented in the context of the Mid-Term Review, pressure on the annual payment ceilings in the years 2018-2020 is to be expected.

               (5)

               The draft budget for the year 2017 shows a margin below the payment ceiling of EUR 9,6 billion, allowing for the offsetting of the full amount mobilised in 2014.

               (6)

               Decision (EU) 2015/435 should therefore be amended accordingly,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Decision (EU) 2015/435 is amended as follows:

               (1)

               Article 1 is replaced by the following:
               ‘Article 1
               For the general budget of the European Union for the financial year 2014, the Contingency Margin shall be mobilised to provide the amount of EUR 2 818 233 715 in payment appropriations over and above the payment ceiling of the multiannual financial framework.’.

               (2)

               Article 2 is replaced by the following:
               ‘Article 2
               The amount of EUR 2 818 233 715 shall be offset against the margin under the payment ceiling for the year 2017.’.

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

      Done at Strasbourg, 4 July 2017.

            For the European Parliament

            The President

         A. TAJANI

            For the Council

            The President

         M. MAASIKAS

      (1)  OJ C 373, 20.12.2013, p. 1.

      (2)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

      (3)  Communication from the Commission to the Council and the European Parliament of 20 December 2013 on the technical adjustment of the financial framework for 2014 in line with movements in GNI (COM(2013) 928).

      (4)  Decision (EU) 2015/435 of the European Parliament and of the Council of 17 December 2014 on the mobilisation of the Contingency Margin (OJ L 72, 17.3.2015, p. 4).


title: Council Decision (EU, Euratom) 2017/1244, taken by common accord with the President of the Commission, of 7 July 2017 appointing a Member of the European Commission

text:
               11.7.2017

               EN

               Official Journal of the European Union

               L 178/12

         COUNCIL DECISION (EU, Euratom) 2017/1244,
   taken by common accord with the President of the Commission,
   of 7 July 2017
   appointing a Member of the European Commission
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 246 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               On 23 October 2014 the European Council adopted Decision 2014/749/EU (2) appointing the European Commission for the period until 31 October 2019.

               (2)

               In a letter dated 28 October 2016, Mr Jean-Claude JUNCKER, President of the Commission, informed the Council that Ms Kristalina GEORGIEVA had resigned from her post as a Vice-President and Member of the Commission with effect from 1 January 2017.

               (3)

               In accordance with the second paragraph of Article 246 of the Treaty on the Functioning of the European Union, a vacancy caused by resignation is to be filled for the remainder of the Member's term of office by a new Member of the same nationality.

               (4)

               A new Member of the Commission should therefore be appointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   By common accord with Mr Jean-Claude JUNCKER, President of the Commission, the Council appoints Ms Mariya GABRIEL as Member of the Commission for the remainder of the term of office, which runs until 31 October 2019.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 July 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  Opinion of 4 July 2017 (not yet published in the Official Journal).

      (2)  OJ L 311, 31.10.2014, p. 36.


title: Decision of the Representatives of the Governments of the Member States of the European Communities of 20 January 1976 appointing a Judge to the Court of Justice

text:
27 . 1 . 76                      Official Journal of the European Communities                         No L 18 / 21
                                                            II
                                    (Acts whose publication is not obligatory)
                                                   COUNCIL
            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                        MEMBER STATES OF THE EUROPEAN COMMUNITIES
                                                 of 20 January 1976
                                  appointing a judge to the Court of Justice
                                           (76/ 1 20/ ECSC, EEC, Euratom)
            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 Community, 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 Protocol on the Statute of the Court of Justice of the European Coal
            and Steel Community, and in particular Articles 6 and 8 thereof,
            Having regard to the Protocol on the Statute of the Court of Justice of the European
            Economic Community, and in particular Articles 5 and 7 thereof,
            Having regard to the Protocol on the Statute of the Court of Justice of the Atomic Energy
            Community, and in particular Articles 5 and 7 thereof,
            Whereas Mr Riccardo MONACO, judge at the Court of Justice of the European Commu
            nities submitted his resignation in a letter dated 7 October 1975,
            HAVE DECIDED AS FOLLOWS :
                                                        Article 1
            Mr Francesco CAPOTORTI is hereby appointed judge in the Court of Justice of the Euro
            pean Communities until 6 October 1976 .
                                                        Article 2
            This Decision shall enter into effect on 20 January 1976.
            Done at Brussels, 20 January 1 976.
                                                                          The President
                                                                           G. THORN


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31981D0703

81/703/EEC: Council Decision of 27 July 1981 appointing an alternate member of the Advisory Committee on Medical Training

Official Journal L 254 , 09/09/1981 P. 0016 - 0016

****( 1 ) OJ NO L 167 , 30 . 6 . 1975 , P . 17 .  ( 2 ) OJ NO L 260 , 16 . 10 . 1979 , P . 12 .    COUNCIL DECISION   OF 27 JULY 1981   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON MEDICAL TRAINING  ( 81/703/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO COUNCIL DECISION 75/364/EEC OF 16 JUNE 1975 SETTING UP AN ADVISORY COMMITTEE ON MEDICAL TRAINING  ( 1 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,   WHEREAS , BY ITS DECISION 79/846/EEC ( 2 ), THE COUNCIL APPOINTED PROFESSOR VITO DI LEO AS AN ALTERNATE MEMBER FOR THE PERIOD ENDING 5 APRIL 1982 ;   WHEREAS , ON 18 JULY 1981 , THE ITALIAN GOVERNMENT NOMINATED DR LUIGI SENTINELLI TO REPLACE PROFESSOR VITO DI LEO AS AN ALTERNATE MEMBER OF THE AFORESAID COMMITTEE ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   DR LUIGI SENTINELLI IS HEREBY APPOINTED ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON MEDICAL TRAINING IN PLACE OF PROFESSOR VITO DI LEO FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 5 APRIL 1982 .   DONE AT BRUSSELS , 27 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   P . WALKER


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31984D0016

84/16/EEC: Commission Decision of 16 January 1984 terminating the anti-dumping proceeding concerning imports of exterior panel doors originating in Taiwan

Official Journal L 016 , 19/01/1984 P. 0042 - 0043

*****COMMISSION  DECISION  of 16 January 1984  terminating the anti-dumping proceeding concerning imports of exterior panel doors originating in Taiwan  (84/16/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 9 thereof,  After consultations within the Advisory Committee as provided for by that Regulation,  Whereas:  A. Procedure  (1) In March 1983, the Commission received a complaint lodged by the Federation Européenne des Syndicats de Fabricants de Menuiserie de Bâtiment on behalf of producers representing all Community production of exterior panel doors.  The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify initiating a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of exterior panel doors falling within subheading ex 44.23 B II of the Common Customs Tariff (NIMEXE code 44.23-ex 51), originating in Taiwan, and commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned and the complainant, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing. Most parties made known their views in writing and those requesting a hearing were heard.  (3) The Taiwanese exporters offered to accept an immediate verification at their premises of all information which the Commission deemed to be necessary for the purposes of a preliminary determination. The Commission therefore carried out such a verification at the premises of four of the principal exporters, viz.  - Green River Wood & Lumber Manufacturing Ltd, Ping Tung,  - Hua Lome Lumber & Wood Ltd, Kaohsiung,  - I Foon Enterprise Co. Ltd, Toufen,  - Hao Mei Woodworks Corporation, Kaohsiung.  (4) The investigation of dumping covered the period 1 June 1982 to 31 May 1983.  B. Normal value  (5) The preliminary investigation to determine whether the dumping existed in respect of imports from Taiwan showed that there were no sales of the like product in the ordinary course of trade on the domestic market of Taiwan; the normal value was therefore determined on the basis of the constructed value.  (6) The constructed value was computed by taking each company's total cost of materials and manufacture, including overheads, and adding a profit margin of 5 % considered to be reasonable in the light of the companies' performance during a recent representative period.  C. Export prices  (7) Export prices were determined on the basis of the prices actually paid or payable for the products originating in Taiwan sold for export to the Community.  D. Comparison  (8) In order to determine whether the goods originating in Taiwan were being dumped, the normal values as defined above were compared transaction by transaction either at the ex-factory or fob stage with the export price to the Community at the same stage, over the period of the investigation.  (9) No claim was made for differences affecting price comparability.  E. Dumping margin  (10) The preliminary determination of the facts shows that, in all cases, the export prices exceeded the  normal value and that, consequently, dumping of exterior panel doors originating in Taiwan did not exist.  F. Termination of proceeding  (11) The Commission considers that, in the absence of dumping, protective measures are inappropriate and that the anti-dumping proceeding concerning imports of exterior panel doors originating in Taiwan should be terminated. No objection to this course of action was voiced in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding concerning imports of exterior panel doors originating in Taiwan is hereby terminated.  Done at Brussels, 16 January 1984.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 152, 10. 6. 1983, p. 7.


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32003D0716

2003/716/EC: Council Decision of 2 October 2003 appointing a member of the Committee of the Regions

Official Journal L 260 , 11/10/2003 P. 0015 - 0015

Council Decisionof 2 October 2003appointing a member of the Committee of the Regions(2003/716/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Spanish Government,Whereas:(1) On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions(1).(2) The seat of a member of the Committee of the Regions has fallen vacant following the expiry of the mandate of Mr José Joaquin MARTÍNEZ SIESO, of which the Council was notified on 23 September 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Miguel Ángel REVILLA ROIZ, Presidente - Gobierno de Cantabria, is hereby appointed a member of the Committee of the Regions in place of Mr José Joaquin MARTÍNEZ SIESO for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 2 October 2003.For the CouncilThe PresidentG. Pisanu(1) OJ L 24, 26.1.2002, p. 38.


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31992D0572

92/572/EEC: Commission Decision of 14 December 1992 accepting an undertaking by a Polish producer in connection with the anti- dumping proceeding concerning imports of ferrosilicon originating in Poland and Egypt

Official Journal L 369 , 18/12/1992 P. 0032 - 0033

COMMISSION DECISION  of 14 December 1992  accepting an undertaking by a Polish producer in connection with the anti-dumping proceeding concerning imports of ferrosilicon originating in Poland and Egypt  (92/572/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 10 thereof,  After consultations within the Advisory Committee as provided for in the above Regulation,  Whereas:  A. PROVISIONAL MEASURES  (1) Commission Regulation (EEC) No 1808/92 (2) imposed a provisional anti-dumping duty on imports into the Community of ferrosilicon originating in Poland and Egypt, falling within CN codes 7202 21 10, 7202 21 90 and 7202 29 00.  The provisional anti-dumping duty was extended for a period not exceeding two months by Council Regulation (EEC) No 2778/92 (3).  (2) For the conclusions on dumping, injury and the Community interest giving grounds for the introduction of anti-dumping measures, the Commission referred to recitals 4 to 13 of Council Regulation (EEC) No 3642/92 (4).  B. UNDERTAKINGS  (3) All the producers were informed of the results of the investigation; one of them, Huta Laziska, offered a price undertaking in accordance with Article 10 of Regulation (EEC) No 2423/88.  (4) The Commission considers the offer acceptable. In its opinion, the undertaking will raise import prices in the Community by an amount judged sufficient in present circumstances to eliminate the injury caused by dumping. The investigation can  therefore be terminated in respect of the Polish producer.  (5) However, the Commission has taken note of the extremely tense situation on the Community ferrosilicon market. It will closely monitor the effects of this measure and may consider it necessary to review the matter if circumstances change.  (6) The Commission would also point out that if an undertaking has been withdrawn, or if it has reason to believe that an undertaking has been violated, it may, where the interests of the Community so require, apply provisional anti-dumping duties  forthwith under Article 10 (6) of Regulation (EEC) No 2423/88 on the basis of the facts established before the undertaking was given.  (7) The anti-dumping committee was consulted about acceptance of the undertaking offered, and raised no objection,  HAS DECIDED AS FOLLOWS:  Sole Article  The undertaking offered by the Polish producer Huta Laziska in connection with the anti-dumping proceeding concerning imports of ferrosilicon originating in Poland and Egypt is hereby accepted.  This Decision shall take effect from the date of entry into force of Regulation (EEC) No 3642/92. Done at Brussels, 14 December 1992. For the Commission  Frans ANDRIESSEN  Vice-President   (1) OJ No L 209, 2. 8. 1988, p. 1. (2) OJ No L 183, 3. 7. 1992, p. 8. (3) OJ No L 281, 25. 9. 1992, p. 1. (4) See page 1 of this Official Journal.


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31978D0267

78/267/EEC: Council Decision of 7 March 1978 replacing an alternate member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 072 , 14/03/1978 P. 0016 - 0016

****( 1 ) OJ NO L 257 , 15 . 10 . 1968 , PP . 8 AND 9 .    COUNCIL DECISION   OF 7 MARCH 1978   REPLACING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS  ( 78/267/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 11 OCTOBER 1977 APPOINTING , FOR THE PERIOD ENDING 10 OCTOBER 1979 , MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,   WHEREAS THE COUNCIL WAS INFORMED ON 27 OCTOBER 1977 THAT A SEAT AS ALTERNATE MEMBER OF THE ABOVEMENTIONED COMMITTEE IN THE ' GOVERNMENT REPRESENTATIVES '  CATEGORY HAD BECOME VACANT AS A RESULT OF THE RESIGNATION OF MR RIMINGTON ;   HAVING REGARD TO THE NOMINATION SUBMITTED BY THE UNITED KINGDOM GOVERNMENT ON 9 FEBRUARY 1978 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR G . R . WILSON IS HEREBY APPOINTED AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS IN PLACE OF MR RIMINGTON FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 10 OCTOBER 1979 .   DONE AT BRUSSELS , 7 MARCH 1978 .   FOR THE COUNCIL   THE PRESIDENT   K . B . ANDERSEN


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32000D0242

2000/242/EC: Commission Decision of 24 March 2000 terminating the anti-dumping proceeding on imports of ferro-chrome with a carbon content by weight of maximum 0,5 % (low carbon ferro-chrome) originating in Russia and Kazakhstan (notified under document number C(2000) 798)

Official Journal L 076 , 25/03/2000 P. 0023 - 0026

Commission Decisionof 24 March 2000terminating the anti-dumping proceeding on imports of ferro-chrome with a carbon content by weight of maximum 0,5 % (low carbon ferro-chrome) originating in Russia and Kazakhstan(notified under document number C(2000) 798)(2000/242/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 905/98(2), and in particular Articles 9 and 11(2) thereof,Having consulted the Advisory Committee,Whereas:A. PROCEDURE1. Measures in force(1) By Regulation (EEC) No 2717/93(3) the Council imposed a definitive anti-dumping duty of ECU 0,31 per kg net on imports of ferro-chrome with a carbon content by weight of maximum 0,5 % originating in Kazakhstan, Russia and Ukraine.2. Request for a review(2) Following the publication, in April 1998, of a notice of the impending expiry of the measures in force(4), the Commission received a request for a review of the anti-dumping measures applicable to imports of low carbon ferro-chrome (hereinafter referred to as "LCFC") originating in Kazakhstan and Russia, lodged by the Comité de Liaison des Industries de Ferro-Alliages (CLIFA or Euroalliages) on behalf of the only Community producer of the product concerned (hereinafter the "applicant Community producer").(3) The request was based on the grounds that the expiry of the measures would be likely to result in the continuation or recurrence of dumping and injury to the Community industry. The evidence contained in the request was considered sufficient to justify the opening of a review investigation. On 2 October 1998 the Commission, after consulting the Advisory Committee, announced the initiation of an investigation(5) pursuant to Article 11(2) of Regulation (EC) No 384/96, (hereinafter referred to as "the basic Regulation").3. Investigation(4) The Commission officially advised the applicant Community producer, the exporting producers and importers known to be concerned as well as their associations, the representatives of the exporting countries, the end-users known to be concerned and their associations of the initiation of the review.Interested parties were given the opportunity to make their views in writing and to request a hearing within the time limit set in the notice of initiation.(5) The Commission sent questionnaires to all parties known to be concerned. In addition, a producer in Zimbabwe, which was chosen as the analogue country, was likewise advised of the initiation and sent a questionnaire. The Commission received questionnaire replies from the applicant Community producer, all three Russian exporting producers, the Zimbabwean producer, one related importer, two unrelated importers and three users of the product concerned. One association of users made its views known in writing and two further users provided certain information, even though not replying to the questionnaires. No replies were received from the Kazakh producers. All parties which so requested were granted a hearing.(6) The Commission sought and verified all information it deemed necessary for the purposes of a determination of the likelihood of continuation or recurrence of injurious dumping and of Community interest. Verification visits were carried out at the premises of the following companies:Community producer- Elektrowerk Weisweiler GmbH, Eschweiler-Weisweiler, GermanyProducer in the analogue country- Zimbabwe Alloys Limited, Harare, ZimbabweUnrelated importers- Nococarbon, Rotterdam, the Netherlands- Syncret BV, Rotterdam, the NetherlandsUsers- AB Sandvik Steel, Sandviken, Sweden- Acciaierie Venete SPA, Padova, Italy- ALZ NV, Genk, Belgium(7) The investigation of the likelihood of continuation or recurrence of dumping was based on information pertaining to the period from 1 January 1998 to 30 September 1998 (hereinafter referred to as the "IP").B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT1. Product under consideration(8) The product under consideration is ferro-chrome with a carbon content in weight of maximum 0,5 % (hereinafter "LCFC"). It is an alloy of iron and chromium produced by reducing chromium ores with silicon and/or carbon in an electric furnace. It is produced in a two-stage (sometimes three-stage) process and the chromium content of the alloy varies according to the type of ores used. The carbon content is determined by the materials added during the second stage of the production process and its percentage may vary significantly. There are two grades of LCFC: normal grade with a carbon content of more than 0,05 % but less or equal to 0,5 % and special grade with a carbon content of less or equal to 0,05 %.(9) The prices of LCFC are normally expressed in a value per kg of chromium contained in the alloy and vary according to the carbon content: the lower the carbon content the higher the price.(10) The product under consideration is mainly used for the production of high-tensile structural and heat and acid resistant steel containing a high chromium content. It is also used to adjust the chromium content in stainless steel and its use is necessary for steel where, for plant reasons, removal of carbon is not possible during steel manufacturing. These uses are independent of precise carbon contents, so that products with different grades of carbon content are to a large extent interchangeable.2. Like product(11) The investigation has confirmed that the product manufactured by the applicant Community producer and sold on the Community market is alike in all respects to the LCFC imported from the countries concerned. It should therefore be considered a like product within the meaning of Article 1(4) of the basic Regulation.(12) Furthermore, the investigation has shown that the LCFC produced in Zimbabwe and sold on the Zimbabwean market is alike in all respects to the LCFC exported to the Community from the countries concerned and the LCFC produced by the Community industry. It should therefore also be considered as a like product within the meaning of Article 1(4) of the basic Regulation.C. CONTINUATION OF DUMPING1. Preliminary remarks(13) In order to ascertain whether there were grounds for a likelihood of continuation and/or recurrence of dumping, the Commission first verified whether dumping had continued during the IP.2. Russia2.1. Analogue country(14) In establishing normal value, account was taken of the fact that Zimbabwe was envisaged in the notice of initiation of this review as an appropriate market economy third country. One importer suggested Turkey as an alternative market economy third country. The Commission sought cooperation in Turkey and sent a questionnaire to the only known producer. However, the sole Turkish producer of LCFC, although it declared its willingness to cooperate, did not finally provide sufficient information for the determination of normal value.(15) Therefore, it was decided to maintain Zimbabwe as an appropriate market economy third country because the production was sizeable, the production process was similar to that practised in Russia, the company produced the two grades involved in the investigation, the domestic sales were representative as compared to the imports concerned to the EC and Zimbabwe was used as an analogue market in the original investigation.2.2. Normal value(16) In order to establish normal value, in a first step, it was determined that the total volume of domestic sales of the product under consideration was representative in accordance with Article 2(2) of the basic Regulation, i.e. that these sales represented more than 5 % of the sales volume of the product under consideration exported from Russia to the Community.(17) In a second step, it was then found that for each grade of the product under consideration, domestic sales of the corresponding grade in Zimbabwe were representative, as they constituted 5 % or more of the volume of exports of the product under consideration originating in Russia.(18) Furthermore, it was determined that all sales had been made in the ordinary course of trade in accordance with Article 2(4) of the basic Regulation.2.3. Export price(19) Export sales of LCFC to the Community from Russia fell sharply following the imposition of the anti-dumping duties, to a nearly insignificant level.(20) In the responses to the questionnaires, only one Russian exporter declared some export sales of special grade LCFC to the Community. Furthermore, it was found that the Russian exporting producers sold to unrelated non-Russian traders and consequently did not know the final destination of their exports. In light of the fact that Eurostat data appeared more complete as they showed imports of both grades of LCFC, it was considered appropriate to use these data for the determination of the export price. It should be noted that the information gathered from the one Russian exporting producer who had declared exports to the Community confirmed the price level determined by Eurostat.2.4. Comparison(21) The weighted average normal value for each grade was compared to the weighted average export price of the corresponding grade of LCFC, in accordance with Article 2(11) of the basic Regulation, at fob exporting country port level.(22) For the purpose of ensuring a fair comparison between normal value and export price, account was taken of differences in factors, which were claimed and demonstrated to affect comparability in accordance with Article 2(10) of the basic Regulation. In this respect, adjustments were made for differences in the carbon and chromium content. Adjustments also were made for inland and ocean freight, insurance handling, loading, ancillary and other costs.2.5. Dumping margin(23) The comparison between the normal value and the export price for both grades of LCFC did not reveal the existence of dumping.3. Kazakhstan(24) The information available to the Commission did not indicate that Kazakhstan had exported to the Community market during the IP. As a result, no dumping determination has been undertaken.D. LIKELIHOOD OF RECURRENCE OF DUMPING(25) Further to the previous analysis demonstrating that dumping did not occur during the IP, the Commission examined the likelihood of recurrence of dumping, should the measures applicable to the imports in question be removed.1. Russia(26) Exports to third countries were assessed, in particular to the United States of America, where the Russian exporting producers export significant quantities of LCFC. On the basis of the information supplied by the Russian exporting producers and official USA statistics, it was found that the Russian export prices to the USA, adjusted to ensure a fair price comparison (including adjustments for differences in carbon and chromium content), were higher than the normal value in Zimbabwe compared on an fob exporting country port basis and for both grades.(27) In addition, the Commission examined the likely pricing strategy which may be followed by the Russian exporting producers in case of a resumption of imports towards the EC market if measures were removed. In this respect, it appeared that the Russian exporting producers have a significant spare capacity which could eventually be used and the resulting production may be directed to the Community by reason of geographical proximity and the need to acquire foreign currency. However, as shown above, the small quantities of Russian LCFC exports during the IP have been found not to be dumped. In these circumstances, in particular in light of the present applicable significant anti-dumping duty, it would appear unlikely that, following the removal of these duties, the Russian exporting producers would lower their export prices to a degree that they would be dumped. More to the contrary, the Russian exporting producers would have scope for increases in their export prices.(28) Indeed, if any resumption of Russian exports were to take place, it is, given the quality of the Russian products, more likely to be in competition with imports from Turkey, Zimbabwe, South Africa and the People's Republic of China, which cover the middle segment of the market, rather than the upper segment where the Community industry is present. The prevailing prices in this segment are on average higher than the normal value and no dumping would be likely to occur at this level on sales aimed at this segment.2. Kazakhstan(29) The available information for Kazakhstan indicates the existence of massive capacities of chromium ore reserves and important LCFC production capacities.(30) Nevertheless, the potential for LCFC production is strongly reduced because of outdated equipment and the failure to privatise, restructure and modernise the industry. Moreover, the bulk of the remaining production concentrates on medium and high carbon ferro-chrome, which are not subject to the present proceeding. For sales of the product concerned, the available price information from US import statistics regarding Kazakh exports to the US market indicates that the likelihood of recurrence of dumping on the Community market is rather remote.It, therefore, appears unlikely that the Kazakh industry would resume imports to the EC in significant quantities and that injurious dumping would reoccur, were the measures allowed to lapse.3. Conclusion(31) On the basis of the above facts and considerations, it is concluded that dumping is unlikely to reoccur for both Russia and Kazakhstan, should the measures in force be removed.E. CONTINUATION AND RECURRENCE OF INJURY AND COMMUNITY INTEREST(32) In view of the conclusion concerning dumping, it was not considered necessary to develop the aspects relating to the likelihood of continuation and/or recurrence of injury and the Community interest arising from the investigation.F. CONCLUSION(33) Given the above findings, it was concluded that the proceeding concerning imports of LCFC originating in Russia and Kazakhstan should be terminated and that the anti-dumping duty in force should be allowed to lapse.(34) All parties concerned were informed of the essential facts and considerations on the basis of which the termination of the existing measures would be based. They were granted a period within which to make representations subsequent to the disclosure.(35) Representations received further to the disclosure did not however provide any new elements which could affect the above analysis.(36) In view of the findings set out above, the Commission therefore considers that the anti-dumping measures imposed by Regulation (EEC) No 2717/93 and currently in force should be repealed for Kazakhstan and Russia,HAS DECIDED AS FOLLOWS:Sole ArticleThe anti-dumping review proceeding concerning imports in the Community of ferro-chrome with a carbon content by weight of maximum 0,5 % falling within CN codes 7202 49 10 and 7202 49 50 and originating in Kazakhstan and Russia is hereby terminated.Done at Brussels, 24 March 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ L 246, 2.10.1993, p. 1.(4) OJ C 100, 2.4.1998, p. 6.(5) OJ C 303, 2.10.1998, p. 4.


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31980D0444

80/444/EEC: Council Decision of 21 April 1980 concerning the conclusion of the Convention between the European Economic Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East for 1979 and 1980

Official Journal L 108 , 26/04/1980 P. 0055

****( 1 ) OJ NO C 30 , 7 . 2 . 1980 , P . 7 .  ( 2 ) OJ NO C 59 , 10 . 3 . 1980 , P . 70 .  ( 3 ) OJ NO L 203 , 28 . 7 . 1976 , P . 40 .        COUNCIL DECISION   OF 21 APRIL 1980   CONCERNING THE CONCLUSION OF THE CONVENTION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES ( UNRWA ) CONCERNING AID TO REFUGEES IN THE COUNTRIES OF THE NEAR EAST FOR 1979 AND 1980  ( 80/444/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 235 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 2 ),   WHEREAS THE COMMUNITY WISHES TO CONTINUE ITS PROGRAMME OF AID TO PALESTINE REFUGEES IN THE NEAR EAST ;   WHEREAS THE CONVENTION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES ( UNRWA ) CONCERNING AID TO REFUGEES IN THE COUNTRIES OF THE NEAR EAST ( 3 ), CONCLUDED ON 20 JULY 1976 , HAS EXPIRED ;   WHEREAS A NEW CONVENTION PROVIDING FOR CONTRIBUTIONS IN KIND AND IN CASH DURING A TWO YEAR PERIOD SHOULD BE CONCLUDED WITH UNRWA SO THAT THE COMMUNITY ' S AID CAN CONTINUE TO BE PROVIDED AS PART OF A COMPREHENSIVE OPERATION OFFERING A MEASURE OF CONTINUITY ;   WHEREAS ARTICLE 43 DOES NOT PROVIDE SUFFICIENT ENABLING POWERS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE CONVENTION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES ( UNRWA ) CONCERNING AID TO REFUGEES IN THE COUNTRIES OF THE NEAR EAST FOR 1979 AND 1980 IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .   THE TEXT OF THE CONVENTION IS ANNEXED TO THIS DECISION .   ARTICLE 2   THE AGREEMENT OF THE COMMUNITY UNDER ARTICLE VIII OF THE CONVENTION WILL BE GIVEN BY THE COMMISSION .   ARTICLE 3   THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE CONVENTION IN ORDER TO BIND THE COMMUNITY .   DONE AT LUXEMBOURG , 21 APRIL 1980 .   FOR THE COUNCIL   THE PRESIDENT   F . PANDOLFI ****    CONVENTION   BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES  ( UNRWA ) CONCERNING AID TO REFUGEES IN THE COUNTRIES OF THE NEAR EAST FOR 1979 AND 1980   ARTICLE I   WITH A VIEW TO CONTINUING ITS PROGRAMME OF AID TO PALESTINE REFUGEES , THE EUROPEAN ECONOMIC COMMUNITY ( HEREINAFTER REFERRED TO AS ' THE COMMUNITY ' ) CONCLUDES THIS CONVENTION WITH THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES ( REFERRED TO AS ' UNRWA ' ), PROVIDING FOR CONTRIBUTIONS TO UNRWA IN KIND AND IN CASH DURING A TWO YEAR PERIOD , FOR USE IN THE BASIC RATIONS PROGRAMME AND THE SUPPLEMENTARY FEEDING PROGRAMME .   ARTICLE II   BASIC RATIONS PROGRAMME   1 .  THE COMMUNITY SHALL SUPPLY TO UNRWA FOR EACH YEAR OF THIS CONVENTION THE FOLLOWING PRODUCTS FOR USE IN THE BASIC RATIONS PROGRAMME :   1979   -  27 593 TONNES OF WHEAT FLOUR ( EQUIVALENT TO 36 700 TONNES OF CEREALS ),   -   3 200 TONNES OF BUTTEROIL ,   -   6 000 TONNES OF SUGAR ;   1980   -  27 593 TONNES OF WHEAT FLOUR ( EQUIVALENT TO 36 700 TONNES OF CEREALS ),   -  3 735 TONNES OF BUTTEROIL ,   -    650 TONNES OF SKIMMED-MILK POWDER ,   -  6 000 TONNES OF SUGAR .   2 .  THE COMMUNITY SHALL BE RESPONSIBLE FOR TRANSPORT OF THE PRODUCTS UP TO PORTS OF UNLOADING . DETAILED ARRANGEMENTS SHALL BE AGREED BETWEEN THE TWO PARTIES .   3 .  THE COMMUNITY SHALL PAY TO UNRWA THE SUM OF 35 US DOLLARS PER TONNE OF EACH PRODUCT DELIVERED , AS A CONTRIBUTION TO COSTS OF INLAND TRANSPORT AND DISTRIBUTION DURING 1979 AND 1980 .   4 .  UNRWA SHALL DISTRIBUTE THE PRODUCTS AS RATIONS TO PALESTINE REFUGEES ELIGIBLE FOR THE BASIC RATIONS PROGRAMME , FREE OF CHARGE AND FOR THEIR OWN CONSUMPTION .   5 .  UNRWA SHALL SEND TO THE COMMUNITY BEFORE 1 MARCH OF EACH YEAR A REPORT UPON THE BASIC RATIONS PROGRAMME INCLUDING THE USE OF THE PRODUCTS AND CASH CONTRIBUTED UNDER THIS CONVENTION .   ARTICLE III   SUPPLEMENTARY FEEDING PROGRAMME   1 .  THE COMMUNITY SHALL SUPPLY TO UNRWA FOR EACH YEAR OF THIS CONVENTION THE FOLLOWING PRODUCTS FOR USE IN THE SUPPLEMENTARY FEEDING PROGRAMME :   -  2 150 TONNES OF WHEAT FLOUR ( EQUIVALENT TO 2 860 TONNES OF CEREALS ),   -   152 TONNES OF RICE ( EQUIVALENT TO 440 TONNES OF CEREALS ),   -   700 TONNES OF SKIMMED-MILK POWDER FOR 1979 AND 900 TONNES OF SKIMMED-MILK POWDER FOR 1980 ,   -    86 TONNES OF SUGAR ,   -   165 TONNES OF BUTTEROIL .   2 .  THE COMMUNITY SHALL BE RESPONSIBLE FOR TRANSPORT OF THE PRODUCTS UP TO PORTS OF UNLOADING . DETAILED ARRANGEMENTS SHALL BE AGREED BETWEEN THE TWO PARTIES .   3 . ( A ) THE COMMUNITY SHALL PAY TO UNRWA FOR EACH YEAR OF THIS CONVENTION THE SUM OF 3 266 000 US DOLLARS FOR 1979 AND 3 600 000 US DOLLARS FOR 1980 AS A CONTRIBUTION TO THE COSTS OF OPERATING THE SUPPLEMENTARY FEEDING PROGRAMME .  ( B ) PART OF THIS SUM SHALL BE SPENT UPON THE PURCHASE ON THE MARKET OF THE COMMUNITY OF PRODUCTS TO BE USED IN THE SUPPLEMENTARY FEEDING PROGRAMME INCLUDING NOT LESS THAN 340 TONNES OF CORNED BEEF AND NOT LESS THAN 26 TONNES OF TOMATO PASTE DURING EACH YEAR OF THIS CONVENTION .   4 .  UNRWA SHALL DISTRIBUTE THE PRODUCTS FREE OF CHARGE AS PREPARED FOODS OR DRINKS TO PALESTINE REFUGEES ELIGIBLE FOR THE SUPPLEMENTARY FEEDING PROGRAMME . THE SKIMMED-MILK POWDER MAY ALSO BE DISTRIBUTED IN THE FORM OF POWDER IN HEALTH CENTRES .   5 .  ANY PRODUCTS SUPPLIED IN EXCESS OF REQUIREMENTS SHALL BE USED EXCLUSIVELY IN OTHER PROGRAMMES OF UNRWA . ANY CASH PAID IN EXCESS OF REQUIREMENTS SHALL BE TRANSFERRED TO UNRWA ' S GENERAL BUDGET , PROVIDED AGREEMENT HAS BEEN GIVEN BY THE COMMISSION OF THE EUROPEAN COMMUNITIES . IN THESE CIRCUMSTANCES THE COMMUNITY MAY REDUCED ITS CONTRIBUTIONS IN KIND OR CASH FOR THE FOLLOWING YEAR .   6 .  UNRWA SHALL SEND TO THE COMMUNITY TWICE EACH YEAR BEFORE 1 MARCH AND 1 SEPTEMBER A REPORT ON THE SUPPLEMENTARY FEEDING PROGRAMME . THIS REPORT SHALL COVER :   -  OPERATION OF THE PROGRAMME INCLUDING NUMBER , CATEGORY AND LOCATION OF BENEFICIARIES , AND SERVICES PROVIDED ,   -  COST OF THE PROGRAMME INCLUDING COSTS OF STAFF , PURCHASE OF FOODSTUFFS AND OTHER MATERIALS ,   -  USE OF COMMUNITY CONTRIBUTIONS IN KIND AND IN CASH .   ARTICLE IV   CARE OF PRODUCTS   UNRWA SHALL BE RESPONSIBLE FOR TRANSPORT AND DISTRIBUTION OF THE PRODUCTS AFTER DELIVERY HAS BEEN MADE . IT SHALL EXERCISE EVERY CARE OVER THE PRODUCTS AND SHALL INSURE THEM AGAINST LOSS OR DAMAGE TO THE EXTENT THAT THIS IS FEASIBLE . IN CASE OF LOSS OR DAMAGE , WHETHER COVERED BY INSURANCE OR NOT , UNRWA SHALL REPLACE THE PRODUCTS SO AS TO RESTORE THE COMMUNITY ' S CONTRIBUTION , EXCEPT IN CASE OF RIOTS , CIVIL COMMOTIONS OR ARMED CONFLICTS , OR OF RISKS AGAINST WHICH INSURANCE COULD NOT HAVE BEEN EFFECTED ON REASONABLE TERMS .   ARTICLE V   INFORMATION   UNRWA SHALL TAKE ALL REASONABLE STEPS TO INFORM THE PALESTINE REFUGEES AND THE AUTHORITIES OF THE HOST COUNTRIES OF THE SUPPORT RECEIVED FROM THE COMMUNITY AND FROM ITS MEMBER STATES .   ARTICLE VI   DURATION AND REVIEW OF THE CONVENTION   THIS CONVENTION COVERS THE TWO CALENDAR YEARS 1979 AND 1980 . IT MAY HOWEVER BE REVIEWED AT THE REQUEST OF EITHER PARTY , TO BE MADE BEFORE 1 OCTOBER IN ANY YEAR IN RESPECT OF THE FOLLOWING YEAR .   THE TWO PARTIES MAY THEN DECIDE BY MUTUAL AGREEMENT TO AMEND THE CONVENTION . IF THEY HAVE NOT SO DECIDED BY 31 DECEMBER , OPERATION OF THE CONVENTION SHALL BE SUSPENDED UNTIL THEY DO .   ARTICLE VII   UNRWA SHALL GIVE EVERY FACILITY TO ANY PERSONS NOMINATED BY THE COMMUNITY FOR THE PURPOSE OF OBSERVING THE AGENCY ' S RECEIPT , STORAGE AND DISTRIBUTION OF THE COMMUNITY ' S AID . UNRWA SHALL ALSO PROVIDE SUCH SUPPLEMENTAL INFORMATION AS MAY REASONABLY BE REQUESTED BY THE PERSONS SO NOMINATED .   ARTICLE VIII   ANY QUESTIONS ARISING OUT OF THIS CONVENTION SHALL BE SETTLED BETWEEN THE TWO PARTIES BY CONSULTATION , AT THE REQUEST OF EITHER .   ARTICLE IX   THIS CONVENTION IS DRAWN UP IN TWO COPIES IN THE DANISH , DUTCH , ENGLISH , FRENCH , GERMAN AND ITALIAN LANGUAGES , EACH VERSION BEING EQUALLY AUTHENTIC .


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31980Y0314(03)

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS - DECISION NO 111 OF 29 JUNE 1979 AMENDING DECISION NO 90 OF 24 MAY 1973 CONCERNING THE COMPILATION OF THE LISTS PROVIDED FOR IN ARTICLE 94 ( 4 ) AND ARTICLE 95 ( 4 ) OF COUNCIL REGULATION ( EEC ) NO 574/72 OF 21 MARCH 1972

Official Journal C 065 , 15/03/1980 P. 0003 Spanish special edition: Chapter 05 Volume 2 P. 0185  Portuguese special edition Chapter 05 Volume 2 P. 0185

++++ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS  DECISION No 111  of 29 June 1979  amending Decision No 90 of 24 May 1973 concerning the compilation of the lists provided for in Article 94 ( 4 ) and Article 95 ( 4 ) of Council Regulation ( EEC ) No 574/72 of 21 March 1972  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS ,  Having regard to Article 81 ( a ) of Regulation ( EEC ) No 1408/71 under which it is given the responsibility for dealing with all administrative questions arising from Council Regulations ( EEC ) No 1408/71 and ( EEC ) No 574/72 ,  Having regard to Decision No 90 of 24 May 1973 published in Official Journal of the European Communities No C 131 of 25 October 1974 ,  Whereas it is necessary to amend the abovementioned Decision No 90 to cover a case where a pensioner is staying temporarily in the territory of a Member State before transferring his place of residence there ,  HAS DECIDED AS FOLLOWS :  1 . Section II , point 2 of Article 1 of Decision No 90 shall be amended as follows :   " 2 . The date from which the lump sums are calculated shall be :   ( a ) the date on which the institution of the place of residence receives Form E 121 . This date should be entered at point 9.12 of Form E 121 and is the date on which Form E 120 ceases to have effect ;   ( b ) the date on which the person concerned acquires the right to benefits in kind under the legislation of the competent country , if Form E 120 has not been issued ; this date should be entered a : point 5.3 of Form E 121 ;   ( c ) the date of transfer of residence if it falls after the date mentioned at points ( a ) or ( b ) above , and if Form E 111 was not issued ;   ( d ) the date following the end of the period during which entitlement to benefits had been acquired on the basis of Form E 111 .  If the pensioners or the members of their family are still entitled to benefits under the legisaltion of their country of residence , the lump sum shall be calculated from the date on which such entitlement ends . '  2 . This Decision shall be published in the Official Journal of the European Communities . It shall be applicable from 1 July 1979 .  The President of the Administrative Commission  P . SCHOPFLIN


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31981D0060

81/60/EEC: Council Decision of 9 February 1981 replacing an alternate member of the Committee of the European Social Fund

Official Journal L 052 , 27/02/1981 P. 0057

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .    COUNCIL DECISION   OF 9 FEBRUARY 1981   REPLACING AN ALTERNATE MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND  ( 81/60/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 ( 1 ) ON THE EUROPEAN SOCIAL FUND ,   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 11 NOVEMBER 1980 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING 9 NOVEMBER 1982 ,   WHEREAS ONE SEAT AS ALTERNATE MEMBER OF THE AFORESAID COMMITTEE IN THE EMPLOYERS '  REPRESENTATIVE CATEGORY HAS FALLEN VACANT FOLLOWING THE DEATH OF MR MCNAMARA NOTIFIED TO THE COUNCIL ON 9 JANUARY 1981 ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 23 JANUARY 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   DR AIDAN O ' BOYLE IS HEREBY APPOINTED ALTERNATE MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND IN PLACE OF MR MCNAMARA FOR THE REMAINDER OF HIS TERM OF OFFICE , WHICH RUNS UNTIL 9 NOVEMBER 1982 .   DONE AT BRUSSELS , 9 FEBRUARY 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . BRAKS


title: 71/237/Euratom: Council Decision of 21 June 1971 adopting a five-year research and training programme of the European Atomic Energy Community in the field of fusion and plasma physics

text:
                                   Official Journal of the European Communities                                     403
29.6.71                             Official Journal of the European Communities                          No L 143 /33
                                                COUNCIL DECISION
                                                     of 21 June 1971
               adopting a five-year research and training programme of the European Atomic Energy
                                Community in the field of fusion and plasma physics
                                                   (71 /237/Euratom)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       is in the common interest to adopt a multi-annual
                                                                programme in the field of controlled thermonuclear
Having regard to the Treaty establishing the                    fusion and plasma physics ;
European Atomic Energy Community, and in
particular Article 7 thereof;                                   Whereas it is clearly important that the Community
                                                                should encourage the construction of certain
Having regard to the Treaty establishing a Single               equipment relating to activities accorded priority
Council and a Single Commission of the European                 status by granting a preferential rate of
Communities ;                                                   participation in the expenditure on such equipment;
Having regard to the proposal from the Commission               Whereas the mobility of staff between associated
submitted after consultation with the Scientific and            laboratories should be encouraged;
Technical Committee;
Having regard to the Council Resolution of 6                    HAS DECIDED AS FOLLOWS :
December 1969 on the future activities of the
European Atomic Energy Community;
                                                                                Article 1
Having regard to the Council Decision of 27 October
19701 adopting a research and training programme of             A research and training programme in the field of
the European Atomic Energy Community for the                    controlled thermonuclear fusion and plasma physics
financial year 1971 comprising a joint programme                shall be adopted for a five-year period from 1
and complementary programmes, as amended by the                 January 1971 . This programme is set out in the
                                                                 Annex to this Decision.
Council Decision of 25 January 19712;               *
Whereas on account of the extent of the effort still                                     Article 2
necessary to reach the stage of the practical
 application of controlled thermonuclear fusion, from
which the Community could benefit, the work                      The upper* limit for expenditure commitments and
 hitherto undertaken in this field should be continued,          for staff necessary for the implementation of this
 at the various stages of development thereof, on a              programme shall be fixed at 46-5 million units of
 joint basis ;                                                   account and 94 Community servants, the unit of
                                                                 account being defined in Article 19 of the Financial
                                                                 Regulation3 establishing and implementing the
Whereas the action proposed by the Commission                    research and investment budget of the EAEC and
 constitutes adequate means of achieving this objective          concerning the responsibility of authorising officers
 at the present stage of research; whereas, therefore, it        and accounting officers (Article 183 (a) and (c) of the
                                                                 Treaty).
1 OJ No L 245, 11.11.1970, p. 27.
2 OJ No L 31 , 8.2.1971 , p. 4.                                 3 OJ No 74, 16.11.1961 , p. 1433/61 .
 ---pagebreak--- 404                                      Official Journal of the European Communities
                           Article 3                                  Done at Luxembourg, 21 June 1971 .
                                                                                For the Council
This Decision repeals and replaces, as regards the                                                               ,       .j
'Fusion and Plasma Physics' programme, the' Council                                                                6 rest ent
Decision of 25 January 1971 .                                                                                M. SCHUMANN
                                                              ANNEX
                                                FUSION AND PLASMA PHYSICS
             1 . An amount of 46-5 million units of account shall be allocated to this , objective and the upper
                 limit for staff shall, be fixed at 94 Community servants .
                 This amount is intended to cover the expenditure on equipment concerned with operations
                 accorded priority status and specified in point 5 which are to be carried out during the first
                 three years of execution of the programme ; the expenditure throughout the programme on the
                 general activities to be carried out thereunder ; and the expenditure for procuring mobility of
                 staff between associated laboratories .
            2 . The subject-matter of the programme which will . be executed by the associated laboratories
                 shall be :
                 — general physics in the sector concerned , in particular studies of a basic character or relating
                      to confinement of plasmas with suitable devices and to methods for producing and heating
                      plasmas ;                                                                >
                 — research on the confinement in closed and open-ended configurations of plasmas of widely
                      varying density and temperature ;
                 — production of and research on plasmas of high and very high density ;
                 — improvement of diagnostic methods ;
                 — investigation of technological problems connected with current research and of problems
                      relating, to thermonuclear reactor technology.
                 This work shall be carried out under contracts of association .
            3 . The programme set out in point 2 shall be part of a long-term co-operative project embracing
                 all work carried out in the Member States in the field of fusion and plasma physics. It is
                 designed to lead in due course to the joint construction of prototypes with a view to their
                 industrial-scale production and marketing .
            4. Within the upper limit of 46-5 million units of account :
                 ( a) a maximum amount of ' 8 million units' of account shall be allocated during the first three
                       years of the programme to the financing of equipment for the operations specified in point 5 ,
                       a standard preferential rate of participation equal to or less than 44% being applied. In
                       return therefor, all members-of the association shall have the right to take pact in the exper
                       iments carried out with this equipment ;                  '
                 (b) a maximum amount of 0*3 million units of account shall be set aside for expenditure for
                       procuring mobility, of staff between associated laboratories ;
 ---pagebreak---                           Official Journal of the European Communities                                  405
   ( c) the amount which shall not have been set aside for the operations and expenditure
        specified in sections (a) and (b) shall form the upper limit of financial participation by the
        Community in other expenditure of the associations and in their management. This partici
        pation shall be at a standard rate of about 25% . By way of derogation from this principle,
        this rate shall be increased to a maximum of 30% for the Euratom/CNEN-CNR As
        sociation , which will further benefit from the assumption by the programme of the expenses
        in respect of the Euratom staff seconded thereto.
5. After conducting a technical examination of the various projects , the Commission will be able
   to finance during the first three years , within the following upper limits , the operations men
   tioned below, which are accorded priority status :
   — Low-beta stellarator and Tokomak :                                  5-5 million units of account ,
   — Screw pinch and high-beta stellarator :                             1-6 million units of account,
   — Heating and injection processes :                                   1-2 million units of account,
   — Very-high-density processes :                                       0-8 million units of account.


Avis juridique important

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32003D0581

2003/581/EC: Commission Decision of 1 August 2003 conferring management of aid on implementing agencies for a pre-accession measure in agriculture and rural development in the Czech Republic in the pre-accession period

Official Journal L 197 , 05/08/2003 P. 0035 - 0036

Commission Decisionof 1 August 2003conferring management of aid on implementing agencies for a pre-accession measure in agriculture and rural development in the Czech Republic in the pre-accession period(2003/581/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Whereas:(1) The Special Accession Programme for Agriculture and Rural Development for the Czech Republic (hereinafter: Sapard) was approved by Commission Decision of 26 October 2000(2), and amended by Commission Decision of 23 December 2002 in accordance with Article 4(5) of Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(3), as last amended by Regulation (EC) No 696/2003(4).(2) The government of the Czech Republic and the Commission, acting on behalf of the Community, signed on 5 February 2001 the Multiannual Financing Agreement (hereinafter: MAFA) laying down the technical, legal and administrative framework for the execution of the Sapard, amended by the Annual Financing Agreement (hereinafter: AFA) for 2001, signed on 13 October 2002.(3) A Sapard Agency has been appointed by the competent authority of the Czech Republic for the implementation of some of the measures defined in the Sapard. The Ministry of Finance, National Fund, has been appointed for the financial functions it is due to perform in the framework of the implementation of the Sapard.(4) On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2002/298/EC of 15 April 2002 and Decision 2003/123/EC of 19 February 2003 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Czech Republic in the pre-accession period(5) with regard to certain measures provided for in the Sapard.(5) The Commission has since undertaken a further analysis under Article 12(2) of Regulation (EC) No 1266/1999 in respect of measure 3.1 "Improvement of vocational training" as provided for in the Sapard. The Commission considers that, also with regard to that measure, the Czech Republic complies with the provisions of Articles 4 to 6 and of the Annex to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(6), as last amended by Regulation (EC) No 188/2003(7), and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.(6) It is therefore appropriate to waive the ex ante approval requirement provided for in Article 12(1) of Regulation (EC) No 1266/1999 and to confer, with regard to measure 3.1, on the Sapard Agency and on the Ministry of Finance, National Fund in the Czech Republic, the management of aid on a decentralised basis.(7) Since the verifications carried out by the Commission for measure 3.1 are based on a system that is not yet fully operating with regard to all relevant elements, however, it is appropriate to confer the management of the Sapard on the Sapard Agency and on the Ministry of Finance, National Fund, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis.(8) Full conferral of management of the Sapard is only envisaged after further verifications to ensure that the system operates satisfactorily have been carried out and after any recommendations which the Commission may issue with regard to the conferral of management of aid on the Sapard Agency and on the Ministry of Finance, National Fund, have been implemented,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex ante approval by the Commission of project selection and contracting for measure 3.1 by the Czech Republic provided for in Article 12(1) of Regulation (EC) No 1266/1999 is hereby waived.Article 2Management of the Sapard is conferred on a provisional basis on:1. The Sapard Agency of the Czech Republic, Tesnov 17, 117 05 Prague 1, for the implementation of measure 3.1 of the Sapard: "Improvement of vocational training" as defined in the Programme for Agricultural and Rural Development that was approved by Commission Decision of 26 October 2000; and2. The Ministry of Finance, National Fund, located at Letenska 15, 118 10 Prague 1, Czech Republic, for the financial functions it is due to perform in the framework of the implementation of the Sapard for measure 3.1 for the Czech Republic.Done at Brussels, 1 August 2003.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) C(2000) 3105 final.(3) OJ L 161, 26.6.1999, p. 87.(4) OJ L 99, 17.4.2003, p. 24.(5) OJ L 102, 18.4.2002, p. 32 and OJ L 49, 22.2.2003, p. 21.(6) OJ L 253, 7.10.2000, p. 5.(7) OJ L 27, 1.2.2003, p. 14.